[1]
Editor’s note(s)–Section 1 of Ordinance O-11-001, adopted Jan. 6, 2011, amended the Code by the addition of secs. 26-83–26-92. Inasmuch as there were already provisions so designated and to maintain Code format, the provisions have been redesignated as secs. 26-131–26-134 and 26-146–26-151, at the discretion of the editor.
This article sets forth uniform requirements for nondomestic wastewater users of the publicly-owned treatment works for the City of Brenham and enables the city to comply with all applicable state and federal laws, including the Clean Water Act (33 United States Code sec. 1251 et seq.) and the General Pretreatment Regulations (40 Code of Federal Regulations Part 403). This article requires nondomestic wastewater users to implement best management practices prohibiting discharges identified within section 26-24 of the city’s general sewer use requirements; more specifically this article reduces fats, oils, grease and grit within the city’s publicly owned treatment works system (as authorized by TPDES Permit No. 10388-001).
The article works together with the city’s building permit (public works) process through code enforcement (health inspection) and the city’s pretreatment and general sewer use regulations (public utilities department) to do the following: Authorize the implementation of a grease and grit trap/interceptor maintenance program; authorize the establishment of minimum grease and grit trap size requirements and pumping schedules; provide for inspections (both the health inspection and public utilities departments); monitor compliance and enforcement activities; establish administrative review procedures; require user recordkeeping and reporting; and provide for the setting and allocation of fees for the equitable distribution of costs resulting from the program established herein. The public utilities department will have the primary role of administering and enforcing the interdepartmental implementation of this article.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
Unless otherwise specified by this article, the director of public utilities shall administer, implement, and enforce the provisions of this article. Any powers granted to or duties that are the responsibility of the director of public utilities may be delegated to other appropriate designated city personnel.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
The following abbreviations, when used in this article, shall have the below designated meanings:
•
BMPs–Best Management Practices
•
BOD–Biochemical Oxygen Demand
•
CF°–Celsius
•
CFR–Code of Federal Regulations
•
COD–Chemical Oxygen Demand
•
EPA–U.S. Environmental Protection Agency
•
F°–Fahrenheit
•
FOG–Fats, Oils and Grease
•
FOGG–Fats, Oils, Grease and Grit
•
FPSE–Food Production Service Establishment
•
TPDES–Texas Pollutant Discharge Elimination System
•
POTW–Publicly Owned Treatment Works
•
TSS–Total Suspended Solids
•
U.S.C.–United States Code
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
Unless a provision explicitly states otherwise, the following terms and phrases, as used in this article, shall have the meanings hereinafter designated:
Act or “the Act.”
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. sec. 1251 et seq.
Best management practices (BMPs).
Scheduling activities, prohibiting practices, enforcing maintenance procedures, and implementing other management practices listed in 40 CFR Chapter I, Subchapter N, 403.5 (a)(1) and (b). BMPs include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. Such BMPs shall be considered local limits and pretreatment standards for the purposes of 40 CFR 403 and Section 307(b) of the Clean Water Act.
Biochemical oxygen demand or BOD.
The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedures for five (5) days at twenty (20) degrees centigrade, usually expressed as a concentration (e.g., mg/l).
City.
The City of Brenham, Washington County, Texas.
Chemical oxygen demand (COD).
The value of the test for COD, as described in the latest edition of “Standard Methods for the Examination of Water & Wastewater” (a published guidebook for the testing of water and wastewater, meeting the approval of the U.S. Environmental Protection Agency).
Director of public utilities.
The person designated by the city to supervise the operation of the POTW, and who is charged with certain duties and responsibilities by this article, or a duly authorized representative.
Environmental protection agency or EPA.
The U.S. Environmental Protection Agency.
Fats, oils, and greases (FOG).
Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
Food processing/food service establishments.
Any establishment that serves, prepares and handles food whether it is on an occasional, temporary, or permanent basis.
Generator.
Any person who owns or operates a grease and/or grit trap/ interceptor, or whose act or process produces a grease trap waste.
Grab sample.
A sample, which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
Grease trap or interceptor.
A device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. Grease traps and interceptors are also referred to herein as “grease traps/interceptors.”
Grease trap waste.
Material collected in and from a grease trap/interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de-watering processes.
Grit.
Sediment such as sand, gravel, cinders or other heavy materials.
Hauler.
A person who is registered with and authorized by the TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste in accordance with 30 Texas Administrative Code sec. 312.142; and is registered as a licensed grease and/or grit trap hauler with the City of Brenham.
Indirect discharge or discharge.
The introduction of pollutants into the POTW from any nondomestic source regulated under Section 307(b), (c), or (d) of the Act.
Interference.
A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations, its sludge processes, its use or disposal capacity, or is a cause of a violation of the city’s TPDES permit.
pH.
The measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.
POTW or Publicly owned treatment works.
A treatment works which is owned by a state or municipality as defined by Section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other conveyances that convey wastewater to a POTW treatment plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such a treatment works. For purposes of this article, the terms “sanitary sewer system” and “POTW” may be used interchangeably.
TCEQ.
The Texas Commission on Environmental Quality, and its predecessor and successor agencies.
TPDES.
The Texas Pollutant Discharge Elimination System, which is the federal regulatory program to control discharges of pollutants to surface waters of the United States.
TSS.
The value of the test for total suspended solids, as described in the latest edition of “Standard Methods for the Examination of Water & Wastewater.”
User.
Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
(a) 
Grease and/or grit trap/interceptor installation requirements.
(1) 
All grease and/or grit trap/interceptor installations.
a. 
All grease and/or grit trap/interceptors shall be designed and installed to prevent water intrusion, to prevent corrosion and prevent buckling due to external below or above-grade forces.
b. 
All grease and/or grit trap/interceptors shall be installed with ease of access for inspection, cleaning and sampling. All users with grease and/or grit traps/interceptors shall install a wastewater discharge sample port for jar method grab sampling. The sample port shall be at the facility’s own expense and installed with ease of accessibility for city monitoring.
1. 
All above-ground interceptors are required to have an angle ball valve sample port installed on the outflow side of the interceptor for ease of city monitoring.
2. 
All below-ground traps shall have a minimum of a fifteen-inch, in-line sample well installed on the outflow side of the trap for ease of city monitoring.
c. 
All nondomestic generators with food grinders installed shall have a solids-trap installed prior to the grease trap/interceptor to eliminate non-grease, food-grade wastes from entering the grease trap/interceptor.
d. 
Undersink traps are not to be used for primary grease treatment, and where undersink traps are used they must have a grease trap/interceptor installed secondary to the trap.
e. 
Dishwasher lines are prohibited from discharging into a grease trap and shall be directed to the sanitary sewer line.
f. 
All above-ground interceptors/traps shall have flow-restraint devices in front of or before the traps, and the devices are to remain on at all times.
g. 
All users with grease and/or grit traps/interceptors shall implement FOG BMPs.
(2) 
New facilities.
a. 
Food processing or food service establishments (FPSEs) which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, where such facility did not previously exist, shall be required to install a grease trap/interceptor.
b. 
The grease and/or grit trap/interceptor shall be designed in accordance with city-approved sizing criteria, locally adopted plumbing codes and other applicable ordinances.
c. 
The grease and/or grit trap/interceptor shall be properly installed, then operated and maintained according to a city-approved pumping schedule.
d. 
Grease and/or grit traps/interceptors shall be installed and inspected by the city prior to issuance of a certificate of occupancy and prior to any use of FPSE or other trap/interceptor facilities.
(3) 
Existing facilities.
a. 
Existing FPSEs without a grease trap/interceptor must have one (1) installed within one (1) year from this article’s effective date.
b. 
The new grease and/or grit trap/interceptor shall be approved by the city and designed in accordance with city-approved sizing criteria, locally adopted plumbing codes and other applicable ordinances.
c. 
The grease and/or grit trap/interceptor shall be operated and maintained according to a city-approved pumping schedule.
(4) 
Waivers.
a. 
Waivers to new and existing facilities.
1. 
Based on a request by and consultation with the FPSE, the city may determine that the new FPSE or an existing FPSE is not a potential significant FOG discharger, in which case the city may grant a waiver from the required grease and/or grit trap/interceptor license and installation.
2. 
With this designation of a non-significant discharger waiver, the FPSE is required by the city to implement FOG best management practices (BMPs) and to install a wastewater discharge sample port for jar method grab sampling at the facility’s own expense. The sample port shall be installed with ease of accessibility for city monitoring purposes at the facility’s own expense.
b. 
Existing facilities with space constraint waivers.
1. 
The city may grant an exception to requiring an existing FPSE or other entity to install a grease and/or grit trap/interceptor if there is no feasible installation location, for example, infeasibility due to historical landmarks.
2. 
In the event of this space-constraint type of waiver, the city will charge a user fee as per subsection 26-149(b); the FPSE discharger must implement FOG BMPs; and the FPSE must install a wastewater discharge sample port at the facility’s own expense. The sample port shall be installed with ease of accessibility for city monitoring.
c. 
Based on inspection and/or monitoring of the facility, the city reserves the right to revoke or reevaluate a previously approved waiver.
d. 
All waivers require a completed waiver form to be submitted and approved by the director of public utilities.
(b) 
Grease and/or grit trap/interceptor inspections.
The city shall have a right of entry to inspect grease and/or grit trap/interceptors upon showing proper identification and as established within section 26-39.22 of the city’s pretreatment ordinance. City grease and/or grit trap/interceptor inspections will be unannounced and are to be performed at a minimum of once per year per installation.
(c) 
Grease and/or grit trap/interceptor cleaning and maintenance.
(1) 
Grease/grit traps and grease/grit interceptors shall be maintained in an efficient operating condition at all times and according to city-established pumping requirements.
(2) 
Each grease/grit trap pumped shall be fully evacuated unless the trap volume is greater than the tank capacity on the vacuum truck. In such a case, the hauler shall arrange for additional transportation capacity so that the trap is fully evacuated within a twenty-four-hour period. All evacuation and transportation procedures must be in accordance with Title 30, Texas Administrative Code sec. 312.143.
(3) 
Chemicals intended for primary grease treatment are prohibited.
(d) 
Self-cleaning.
(1) 
Grease/grit trap self-cleaning operators must receive approval from the director of public utilities annually prior to removing grease/grit from their own grease/grit trap(s). Self-cleaning operators must ensure the following:
a. 
Grease traps are no more than fifty (50) gallons in liquid/operating capacity;
b. 
Grit traps may be cleaned, at any capacity, as long as grit handling and disposal methods comply with sections 26-146 and 26-147 of this article.
c. 
Proper on-site material disposal methods are implemented (e.g., methods such as solidifying liquids and disposing into trash);
d. 
The local solid waste authority allows such practices;
e. 
Grease/grit trap waste is placed in a leak-proof, sealable container(s) located on the premises and in an area for the hauler to pump-out; and
f. 
Detailed records on these activities are maintained.
(2) 
Grease/grit trap self-cleaning operators must submit a completed self-cleaning request to the director of public utilities for approval. The written request shall include the following information:
a. 
Business name and street address;
b. 
Grease and/or grit trap/interceptor operator name, title, and phone number;
c. 
Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease and/or grit trap/interceptor; and
d. 
Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.
(3) 
Self-cleaners must adhere to all the requirements, procedures and detailed record keeping outlined in their approved application to ensure compliance with this article. A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the following information:
a. 
Date the grease and/or grit trap/interceptor was last serviced;
b. 
Name of the person or company servicing the grease and/or grit trap/interceptor;
c. 
Waste disposal method used;
d. 
Gallons of grease/grit removed and disposed of;
e. 
Waste oil added to grease and/or grit trap/interceptor waste; and
f. 
Signature of the operator after each cleaning that certifies the following: all grease/grit was removed and disposed of properly; the grease and/or grit trap/interceptor was thoroughly cleaned; and that all parts were replaced and in operable condition.
(4) 
Violations incurred by grease/grit trap self-cleaners will be subject to enforcement action, including fines and/or removal from the self-cleaner program.
(e) 
Cleaning schedules.
(1) 
Grease/grit traps and grease/grit interceptors shall be cleaned according to city-established pumping schedules based on trap size, flow, and frequency of use. Pumping schedules and procedures shall ensure the following: That sediment and floating materials do not accumulate or impair the efficiency of the grease and/or grit trap/interceptor; that the discharge is in compliance with local discharge limits; and that no visible grease/grit is observed in the discharge.
(2) 
The city reserves the right to increase or decrease the frequency of evacuations for any given grease/grit trap or grease/grit interceptor. Pumping frequency will likely be increased when:
a. 
Twenty-five (25) percent or more of the wetted height of the grease/grit trap or grease/grit interceptor, as measured from the bottom of the device to the invert of the outlet pipe, contains floating materials, sediment, oils or greases/grit; or
b. 
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the director of public utilities; or
c. 
There is a history of non-compliance with this article.
(f) 
Prohibition of alternative treatments.
(1) 
A person commits an offense if the person introduces, or causes, permits, or suffers the introduction of any surfactant, solvent or emulsifier into a grease and/or grit trap. Surfactants, solvents, and emulsifiers are materials which allow the grease and/or grit to pass from the trap into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, terpene, and other solvents.
(2) 
It is an affirmative defense to an enforcement of subsection (f)(1) that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
(a) 
Hauler permit requirements.
haulers of fats, oils, grease and grit waste shall comply with the following provisions in addition to compliance with all other provisions of this article and any provisions required by the TCEQ and any other regulatory agency with this jurisdiction:
(1) 
No person shall engage in hauling grease and/or grit trap/interceptor waste in the City of Brenham unless the owner/operator of such vehicle or vessel for grease and/or grit trap/interceptor waste hauling operations has applied for and been granted a grease and/or grit trap waste hauler permit for such activities, and has paid a permit fee so authorized by the City of Brenham Public Utilities Department. A pre-condition for consideration as a permitted City of Brenham hauler is a current TCEQ-permitted transporter certification.
(2) 
All grease/grit trap hauler permits shall expire on October 5 of every year. Applications for permit renewals must be received no later than September 1 of each year in order to insure timely renewal. New application permits issued throughout the year after October 5 will receive a permit for the remainder of the year with expiration on October 5 of the following year. Hauler permits are effective only for the person and vehicle named therein and may not be transferred or assigned.
(3) 
The City of Brenham shall develop a vehicle registration system and shall issue a decal for each registered vehicle. All decals shall be prominently displayed on the driver’s side insuring the tag can be easily seen. These decals are not transferable from one (1) vehicle to another.
(4) 
One primary permit will be issued to each company in the name of the owner, operator, or chief officer. It shall be the responsibility of the owner to provide a copy of this permit to each of the drivers, but each truck must have a separate tag. Each company will pay a minimum of one hundred dollars ($100.00) (if there are four (4) trucks or fewer) or twenty-five dollars ($25.00) per truck, whichever is greater. This payment will be due annually.
(5) 
It shall be the responsibility of the hauler to provide proof of the waste hauler permit to each generator or customer.
(6) 
Before accepting a load of liquid waste for transportation, a grease and/or grit trap waste hauler shall:
a. 
Determine the nature of the material to be transported; and
b. 
Ensure that the hauler’s equipment is sufficient to properly handle the job without spillage or leaks; and ensure that the equipment is free of any conditions that could cause spillage or leaks of waste from the vehicle.
(7) 
A hauler shall ensure that all liquids and solids are completely removed from the grease and/or grit trap, and shall not return any material to the grease and grit trap once the trap has been cleaned.
(8) 
Upon delivery of the waste to the grease and/or grit trap waste disposer, the hauler shall inform the disposer of the nature of the waste.
(9) 
A hauler who holds a grease and/or grit trap waste hauler permit with the City of Brenham shall not transport hazardous materials in combination with grease and/or grit trap waste in a vehicle for disposal.
(10) 
A hauler is responsible for the proper disposal of all waste, both solid and wastewater, that is removed from a grease and/or grit trap. The liquid waste shall be transported for disposal to a site approved by the appropriate local, state, and/or federal agencies. Under no circumstances will a liquid waste hauler discharge any liquid waste into the municipal collection system.
(11) 
Waste manifests. A hauler who collects liquid waste within the jurisdiction of the City of Brenham must satisfy the liquid waste transport manifest system requirements. The City of Brenham Public Utilities Department, shall provide a waste manifest form to the hauler.
(12) 
The hauler shall complete and sign the hauler and secondary hauler (when applicable) sections of the waste manifest form, as appropriate, when removing waste.
(13) 
Ultimately, it is the responsibility of the permitted hauler to provide the waste manifest to the City as per State requirements. See subsection (c) manifest requirements below.
(b) 
Generator requirements.
Generators of fats, oils, grease and grit waste shall comply with the following provisions in addition to compliance with all other provisions of this article and any provisions required by the TCEQ and any other regulatory agency with this jurisdiction:
(1) 
It shall be the responsibility of the generator to ensure that the generator section and the hauler section of the manifest are complete and accurate, complete with signatures.
(2) 
The generator must ensure that the hauler gives the final original top copy of the manifest to the generator. The top copy of the manifest must include the disposal facility’s signature after the waste has been disposed of at the final disposal site.
(3) 
The generator shall ensure that both sides of the traps/interceptor(s) are fully evacuated when pumped, removing all water, floating grease, grit and any other visible signs of grease/grit as per the city-established pumping schedules. There shall be no skimming of trap/interceptor waste. Any other schedule is subject to approval by the City of Brenham Public Utilities Department.
(4) 
Upon request by an authorized representative of the City of Brenham Public Utilities Department, the generator shall make any or all original generator copies of the waste manifest available for review.
(5) 
A generator of grease and/or grit trap waste within the City of Brenham city limits shall have all liquid waste material picked up from his premises by a grease and/or grit trap waste hauler who is permitted by the City of Brenham. It shall be the responsibility of the hauler to provide proof of this permit to each generator. The grease and/or grit trap waste shall be transported for disposal to a site approved by the appropriate local, state, and/or federal agencies.
(6) 
A generator of liquid wastes shall not have liquid waste in combination with hazardous waste removed from the premises by a liquid waste hauler who is not permitted for the transport of hazardous waste.
(7) 
A generator shall perform the following BMPs:
a. 
Install or provide collection devices of the size and type specified by the public utilities department;
b. 
Maintain a collection device in continuous proper condition;
c. 
Supervise proper cleaning of collection device;
d. 
Report spills and accidents involving a collection device to the proper local, state and/or federal agencies within twenty-four (24) hours; and
e. 
Clean up spills and accidents immediately and have all waste material properly disposed of by a permitted hauler.
(c) 
Manifest requirements.
(1) 
Each pump-out of a grease and/or grit trap or interceptor must be accompanied by a manifest to be used for record-keeping purposes. The city will distribute the manifest documents initially and then as needed, upon request.
(2) 
Persons who generate collect and transport grease and/or grit waste shall maintain a record of each individual collection and deposit. Such records shall be in the form of a manifest. The manifest shall include:
a. 
Name, address, telephone, and TCEQ registration number of hauler;
b. 
Name, signature, address, and phone number of the person who generated the waste and the date collected;
c. 
Type and amount(s) of waste collected or transported;
d. 
Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;
e. 
Date and place where the waste was deposited;
f. 
Identification (license or site registration number, location, and operator) of the facility where the waste was deposited;
g. 
Name and signature of the on-site representative of the waste deposit facility acknowledging receipt of the waste and the amount of waste received;
h. 
The volume of the grease and/or grit waste received; and
i. 
A consecutive numerical tracking number printed on the manifest to assist haulers, waste generators, and regulating authorities in tracking the volume of grease and/or grit transported.
(3) 
Manifests shall be divided into five (5) parts and records shall be maintained as follows.
a. 
The white copy is the generator’s final copy, and is provided by the waste transporter within fifteen (15) days of the initial trap service.
b. 
The green copy is the city’s copy, which should be forwarded to the City of Brenham by the fifth day of the month for the previous month’s pumpage by the permitted hauler.
c. 
The canary copy is the transporter’s copy.
d. 
The pink copy is the disposal site’s copy.
e. 
The golden copy is the generator copy’s, which is given on the day the trap is serviced.
f. 
In the event that there is no monthly waste pumpage, a letter indicating that there was no monthly pumpage must be provided to the city by the waste hauler.
(4) 
Copies of manifests returned to the waste generator shall be retained for five (5) years and be readily available for review by the POTW.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
A person who discharges wastewater from a grit trap to the POTW shall completely remove all grit waste, other liquid waste, semi-solids, solids, and residue from the grit trap when the grit trap is pumped.
A person pumping a grit trap shall dispose of the waste removed from a grit trap in accordance with federal, state, and local regulations.
The grit traps will be pumped a minimum of twice per year or as established and directed by the public utilities department. The director of public utilities may establish other pumping requirements for grit traps as necessary to protect the POTW or a portion of the sanitary sewer.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
(a) 
Fees are associated with the hauler permit per subsection 26-147(a)(4) of this article.
(b) 
When the city grants a trap waiver due to space constraints and/or historical landmarks and requires a waiver fee, the FPSE shall pay an annual waiver fee of one hundred fifty dollars ($150.00). The city council shall make the final decisions regarding waivers and applicable waiver fees. The annual waiver fee shall be paid by January 5 each year.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
(a) 
Blockage of a collection system line.
If the director of public utilities determines that a generator is responsible for a blockage of a collection system line, the generator shall owe a civil penalty of one thousand dollars ($1,000.00) for the first violation, one thousand five hundred dollars ($1,500.00) for a second violation, and two thousand dollars ($2,000.00) for the third violation within a two-year period. Continuous violations shall result in a consecutive increase per civil penalty by five hundred dollars ($500.00) and may also result in termination of services.
(b) 
Violations of this article.
Any person violating any of the provisions of this article shall be subject to the following penalties as listed below in order of occurrence:
(1) 
First violation–Notice of violation (NOV) letter shall be issued with no associated monetary penalty.
(2) 
Second violation–Written citation issued with an associated monetary penalty of one thousand dollars ($1,000.00) for the second violation.
(3) 
Third violation–Written citation issued with an associated monetary penalty of one thousand five hundred dollars ($1,500.00) for the third violation.
(4) 
Fourth violation–Written citation issued with an associated monetary penalty of two thousand dollars ($2,000.00) for the fourth violation.
(5) 
Consistent violations will result in a consecutive five hundred dollars ($500.00) increase per civil penalty and may result in termination of service.
The violation shall be remedied within thirty (30) days from the violation date unless otherwise established by the director of public utilities.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)
(a) 
Generators desiring to dispute fines and other penalties must file a written request for the director of public utilities to reconsider the penalties, along with full payment of any and all fines, within fifteen (15) days of being notified of the penalty(ies). Where a request has merit, the director of public utilities may convene a hearing on the matter. In the event the generator’s appeal is successful, the payment shall be returned to the generator.
(b) 
Failure to submit a timely written request for review shall be deemed to be a waiver of the administrative review process.
(c) 
In the written request, the generator must indicate specific objections to the penalties and the reasons for the objections.
(d) 
The director of public utilities shall make a written decision upholding or denying the request for reconsideration no later than fifteen (15) days from the date of receipt of the written request for reconsideration or from the date of the hearing on the matter (if a hearing is convened by the director), whichever date is later. The director shall promptly provide a copy of said written decision to the generator that filed the written request for reconsideration. Such approval or denial will be considered a final administrative action for purposes of administrative review.
(Ordinance O-11-001, sec. 1, adopted 1/6/11)