The following definitions shall apply in the interpretation and the enforcement of this division:
Any commercial establishment licensed by the state alcoholic beverage commission that serves drinks only.
Any commercial establishment that sells exclusively unpackaged sweets, confections, nuts, ice cream, yogurt, and variety food items.
A food service establishment, including those operated by a church, licensed by the state as a day care, which has a license capacity of 60 or less children.
Any commercial establishment that conducts preparation and handling of unpackaged food. The term includes all such commercial establishments regardless of whether consumption is on or off premises.
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.
Any commercial establishment that sells prepackaged potentially hazardous and non-potentially hazardous foods. It may also sell any or all of the following: coffee, slushes, carbonated beverages, ice cream, popcorn.
Any food service establishment in a vehicle or trailer designed to be moveable.
Any commercial establishment that sells fresh fruits and vegetables.
Any truck used for grease trap cleaning that will evacuate the trap contents, physically separate the trap contents into solids and gray water, and then discharge the gray water back into the grease trap. See section 13.06.037 regarding regulations for the use of separator trucks.
Any truck used for grease trap cleaning that completely evacuates the trap’s contents and hauls the solids and gray water to an approved disposal site.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.161; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. II, adopted 3/8/2011)
(a)
If any person violates any provision of this division, thereby violating a state or federal statute or injunction, the city may seek prosecution of that person in the appropriate state or federal court and may seek such penalties as are prescribed by that statute or injunction.
(b)
If any person violates any provision of this division, and the violation is not punishable in state or federal courts, such violation shall be deemed a class C misdemeanor and, upon conviction thereof, each offense shall be punished by a fine not to exceed two thousand dollars ($2,000.00). Each day of such violation shall be deemed a separate offense.
(c)
Any person violating any of the provisions of this division shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.
(1995 Code, sec. 51.999(C); Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. XII, adopted 3/8/2011)
(a)
Grease trap sizes shall be required as follows:
(1)
Grease trap small.
Establishments where food is prepared and served to customers on premises or carry out and the occupancy rating is for 50 or fewer persons shall have a grease trap with dimensions sized per exhibit “A” (Grease Trap Small) or equivalent.
(2)
Grease trap intermediate.
Food service establishments where food is prepared and served on premises or carry out and the occupancy rating is for 51-100 persons shall have a grease trap with layout and dimensions sized per exhibit “B” (grease trap intermediate) or equivalent.
(3)
Grease trap large.
Food service establishments where food is prepared and served on premises or carry out and the occupancy rating is for 101-300 persons shall have a grease trap with layout and dimensions sized per exhibit “C” (grease trap large) or equivalent.
(4)
Larger traps.
Food service establishments where food is prepared and served on premises or carry out and the occupancy rating is over 300 persons shall have a grease trap with layout and dimensions sized by the city building official.
(b)
A sampling station may be used in any food service establishment that only uses microwave ovens on the premises in the preparation of food. A sampling station shall be installed in the waste line leading from sinks, drains or other plumbing fixtures in lieu of a grease trap. Any such sampling station shall be installed at owner’s expense to provide accessibility to cover for sampling purposes and means for servicing and maintaining the station in working condition. The city shall take three (3) tests per month during normal hours of business operation for analysis at the expense of the food service establishment. The test shall consist of a single grab sample taken from the effluent at the sampling station. A test result over 100 milligrams per liter shall be prima facie evidence that an unsatisfactory amount of grease is entering the sewer system. If any two (2) tests exceed 100 milligrams per liter within a one hundred eighty (180) day period, the food service establishment shall install a grease trap in accordance with the provisions of this division within forty-five (45) days of the second test.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.162; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. III, adopted 3/8/2011)
(a)
All liquid waste lines, except for sewage lines carrying human waste and lines from disposals, shall empty into a grease trap. All traps described in this division shall be constructed to provide a two-way clean out on each side.
(b)
All grease traps described in this division shall be constructed to have a sampling station, as shown on exhibit “D” or equivalent.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.163; Ordinance 434, sec. IV, adopted 3/8/2011)
(a)
All grease traps described in this division shall be cleaned no less than once every sixty (60) days unless an extension is granted by the city. Cleaning authorizations varying from the sixty (60) day minimum will be issued to the regulated establishment in writing by the city provided the applicant, at its cost, secures four (4) individual tests based on samples taken two (2) hours apart on the same day during normal working hours by a qualified and licensed firm or agency, and provided same is taken at least thirty (30) days after the last cleaning, and further provided that the four (4) oil and grease tests as required by this division will be added together and then divided by four (4) with the resulting number being an average of the four (4) tests. This average number will be in milligrams per liter and will establish the strength of the wastewater entering the city’s sewer collection system. (Example: 120 mg/L, 75 mg/L, 150 mg/L and 50 mg/L=395 mg/L 4=98.75 avg. mg/L).
(b)
The following extensions will be granted based upon the aforementioned formula of the average four (4) oil and grease tests.
(1)
One hundred twenty (120) days will be granted for an average oil and grease test from 0 mg/L through 35 mg/L.
(2)
Ninety (90) days will be granted for an average oil and grease test from 36 gm/L through 70 mg/L.
(3)
Sixty (60) total days will be granted for an average oil and grease test from 71 mg/L through 100 mg/L.
(c)
All extensions that are granted by the city will begin on the date of the test results, as documented by the analytical report.
(d)
Approved extension requests will be valid for a period not to exceed one (1) year, after which time another sample analysis must be performed and approved.
(e)
Extension revocation.
An extension to exceed the sixty (60) day interval required for scheduled maintenance may be revoked by the city, at its discretion, if at any time an extension is granted any of the following occurs:
(1)
Grease trap discharge adversely affects the sewer collection system treatment works;
(2)
Grease and solids accumulation is greater than twenty-five (25) percent of the total depth from the grease trap’s interior floor to the static or working water level, at any point within the grease trap;
(3)
A food service establishment significantly increases food service production, seating capacity, or menu change; or
(4)
A food service establishment causes or contributes to a sanitary sewer blockage or overflow.
(f)
All samples taken and analysis performed will be done according to Standard Methods, 20th Edition, Method 5520 B, or EPA Method 1664(A). All laboratory results will be accompanied by QA/QC results and a chain of custody. All results are subject to verification by the city.
(g)
All establishments covered by this division are required to comply with the state department of health’s “Municipal Solid Waste Management Regulations” providing for handling, processing or disposal of waste from grease traps. Owners, managers, or responsible companies’ designee shall have maintained on the premises verification of the location and identity of the type of grease trap. Unless otherwise allowed by the city, such verification shall be provided by the commercial firm performing the cleaning. Verification records shall remain available for city inspection for a minimum of five (5) years.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.164; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. V, adopted 3/8/2011)
(a)
The cleaning of a grease trap may be achieved by utilizing a suction (pumper) truck. To clean the trap it is required that the truck operator completely evacuate the grease trap and scrape the walls of the trap to remove particles adhering to the surface.
(b)
Introduction of waste or wastewater into the city sanitary sewer system, which originates outside of the county, is prohibited.
(c)
All manifests must be sent to the water & sewer utilities department and the water pollution control plant for the city.
(d)
Separator trucks shall be required to obtain and produce the following:
(1)
A permit from the state commission on environmental quality (TCEQ) allowing the truck to be used as a separator truck for the pumping of grease traps;
(2)
The necessary permit(s) required by the city prior to the discharge of gray water into the sanitary sewer; and
(3)
A sampling site that will allow a representative sample of the gray water prior to discharge into the sanitary sewer.
(e)
The minimum sampling frequency for separator trucks shall be once per month. All samples taken and analysis performed will be done in accordance with Standard Methods, 20th edition Method 5520 B. or EPA Method 1664A. All laboratory results will be accompanied by QA/QC results and a chain of custody. The city reserves the right to sample each separator truck on an unscheduled and random basis.
(f)
Suction (pumper) trucks shall completely evacuate the grease trap leaving minimal solids adhering to the trap’s sides. The entire content of the trap, gray water and solids, will be disposed of at an approved disposal facility.
(1995 Code, sec. 51.1645; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. VI, adopted 3/8/2011)
(a)
The city shall inspect and sample each grease trap at least once per year, during normal hours of business operation for analysis at the expense of the food service establishment. The city shall bill the establishment only for the actual cost of the laboratory analysis. The sample shall consist of a single grab taken from the effluent of the grease trap at the sampling station.
(b)
A result over 100 milligrams per liter shall be prima facie evidence that an unsatisfactory amount of grease is entering the sewer system. The grease trap shall be re-sampled within ten (10) business days after notification of a result above 100 milligrams per liter. If the results of the re-test exceed 100 milligrams per liter the food service establishment shall be required to have the grease trap cleaned once every thirty (30) days until the next annual sampling/inspection.
(c)
Should the food service establishment wish to return to the sixty (60) day pumping cycle it will be required to have the effluent sampled by a qualified and licensed firm or agency at the expense of the establishment.
(d)
All samples taken and analysis performed will be done according to Standard Methods, the 20th edition, Method 5520B, or EPA Method 1664-A. All laboratory results will be accompanied by QA/QC results, and a chain of custody. All results are subject to verification by the city.
(Ordinance 434, sec. VII, adopted 3/8/2011)
(a)
Dilution of unacceptable wastes by increased use of process water or the introduction of biodegradable parasites, by other methods, will not be acceptable as a partial or complete substitute for adequate treatment, unless such dilution process has been approved through the designated city representative. Prior to the introduction of any such treatment process, the owners or managers or responsible company’s designee shall notify the designated city representative of its intent to use such a process or chemicals and shall provide the results of tests required by federal, state, and local agencies governing the use of such process or chemicals.
(b)
The provision of all testing apparatus or required treatment system modification at the establishment site shall be the sole responsibility of the owners or managers or company designee. Upon completion and successful resolution of all testing, the city representative shall issue written approval of the dilution process to be used as requested by the owners or managers or responsible company designee.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.165; Ordinance 434, sec. VIII, adopted 3/8/2011)
(a)
Authorized city personnel bearing credentials and identification shall be permitted to gain access to such properties as may be necessary for the purpose of inspection, observation, measurement, sampling, testing, calibration, and examining records in accordance with provisions of these regulations.
(b)
Properties to which such access must be granted include, but are not limited to, effluent sources, pretreatment systems, monitoring facilities, flow meters, control manholes, and any areas where records are kept to satisfy federal, state and local requirements to assure compliance with pretreatment standards.
(c)
The city or the EPA shall have the right to install such devices upon a user’s properties as necessary to conduct sampling inspection, compliance monitoring, and/or metering operations. All verification records covered by this division shall be available for inspection upon the premises by authorized city, federal, and Angelina County and Cities Health District personnel.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.166; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. IX, adopted 3/8/2011)
(a)
Any person or entity discovered to be in violation of this division shall be served by the city with written notice of the violation. Except in an emergency as defined herein in section 13.06.042, the city shall not terminate water and/or sewer without due process of law.
(b)
The required notice of violation shall describe the nature of the violation, possible cause of violation, and a reasonable time limit for its correction.
(c)
The city shall have the right to seek injunctive relief against violators of this division in such city, county, state, or federal courts as may be deemed appropriate where such action is necessary to achieve compliance. Such relief may include:
(d)
Injunctive relief may be taken against persons or entities falling in the following categories:
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.167; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. X, adopted 3/8/2011)
(b)
Nothing in this division shall prohibit the city from exercising any of its rights to suspend or take any corrective action against any person or persons as described in the city code of ordinances.
(1995 Code, sec. 51.1675; Ordinance 412 adopted 2/17/1998; Ordinance 434, sec. XI, adopted 3/8/2011)
(a)
Any appeal from a final order or notice issued in connection with the requirements of this division must be in writing to the construction board of adjustment and appeals for plumbing matters (“board”) and received by the city building official within seven (7) calendar days after the date of said order or notice.
(b)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official certifies to the board, after the notice of appeal has been filed with him/her, that by reason of the facts stated in the certificate, a stay would, in the opinion of the building official cause imminent peril to health, life or property. In such case, proceedings shall not be stayed except by order of the board on notice to the building official.
(c)
The board shall fix a time for hearing the appeal within ten (10) calendar days of the filing of the notice of appeal. Upon the hearing any party may appear in person or by agent or by attorney.
(d)
The board may in conformity with the provisions of this section, reverse or affirm, in whole or in part, or modify the order, requirement, decision of determination appealed from and may make such order, requirement, decision or determination, as may be appropriate under the circumstances.
(e)
Any person or persons, jointly or severally, aggrieved by any decision of the board, or the city, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) calendar days after the issuing of the decision by the board and not thereafter. The date of issuance of the decision of the board shall be the date the board announces its decision either orally or in writing to the appellant.
(Ordinance 403 adopted 7/6/1993; 1995 Code, sec. 51.168; Ordinance 434, sec. XIII, adopted 3/8/2011)
EXHIBIT A. GREASE AND LINT TRAP (SMALL)
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EXHIBIT B. GREASE AND LINT TRAP (INTERMEDIATE)
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EXHIBIT C. GREASE AND LINT TRAP (LARGE)
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EXHIBIT D. SAMPLING STATION
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(1995 Code, ch. 51, app. I)