The measures included in this FOG article are intended to provide
nondomestic users of the city’s publicly owned treatment works
(“POTW”), standards, education, and guidelines for grease
interceptors to protect the public wastewater system for the city.
(1)
This article shall apply to all nondomestic users of the city, as defined in section 13.04.002 of this article.
(2)
Grease traps or grease interceptors shall not be required for residential
users.
(3)
Facilities generating fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service shall install, use, and maintain appropriate grease traps or interceptors as required in section 13.04.003 of this article. These facilities include but are not limited to restaurants, food manufacturers, food processors, apartment complexes, school cafeterias, hospitals, hotels and motels, prisons, jails, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.
(4)
No user may intentionally or unintentionally allow the direct or
indirect discharge of any petroleum oil, nonbiodegradable cutting
oil, mineral oil, or any fats, oils, or greases of animal or vegetable
origin into the city’s system in such amounts as to cause interference
with the POTW, publicly owned treatment works collection and treatment
system, or as to cause pollutants to pass through the treatment works
into the environment.
(Ordinance 2018-09-10-005 adopted 9/10/18)
In this article, the following terms shall have the meaning
hereinafter ascribed:
Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 U.S.C. 1251, et. seq.
The value of the 5-day test for biochemical oxygen demand,
as described in the latest edition of “Standard Methods for
the Examination of Water & Wastewater.”
The value of the test for chemical oxygen demand, as described
in the latest edition of “Standard Methods for the Examination
of Water & Wastewater,” published by the American Public
Health Association, American Water Works Association, and Water Environment
Federation, or any successor entity.
The United States Environmental Protection Agency.
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.”
Any person who owns or operates a grease trap/grease interceptor,
or whose act or process produces a grease trap waste.
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.”
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.
The introduction of pollutants into a city-owned or operated
POTW from any nondomestic source.
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 or its sludge processes, use or
disposal, or is a cause of a violation of the city’s TPDES permit.
The measure of the relative acidity or alkalinity of water
and is defined as the negative logarithm (base 10) of the hydrogen
ion concentration.
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.
The Texas Commission on Environmental Quality, and its predecessor
and successor agencies.
The Texas Pollutant Discharge Elimination System. The state
assumed the authority to administer the National Pollutant Discharge
Elimination System (NPDES) program in the state on Sept. 14, 1998.
NPDES is a federal regulatory program to control discharges of pollutants
to surface waters of the United States. The Texas Commission on Environmental
Quality (TCEQ) Texas Pollutant Discharge Elimination System (TPDES)
program now has federal regulatory authority over discharges of pollutants
to the state surface water, with the exception of discharges associated
with oil, gas, and geothermal exploration and development activities,
which are regulated by the Railroad Commission of Texas.
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 §312.142, as amended.
The value of the test for total suspended solids, as described
in the latest edition of “Standard Methods for the Examination
of Water & Wastewater,” published by the American Public
Health Association, American Water Works Association, and Water Environment
Federation, or any successor entity. The amount must not be more than
300 mg/l.
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 city’s owned or operated
POTW, including persons who contribute such wastewater from mobile
sources.
(Ordinance 2018-09-10-005 adopted 9/10/18)
(a)
Installations.
(1)
New facilities.
Food processing or food service facilities
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
design, install, operate, and maintain a grease trap/interceptor in
accordance with locally adopted plumbing codes or other applicable
ordinances. Grease traps/interceptors shall be installed and inspected
prior to issuance of a certificate of occupancy.
(2)
Existing facilities.
Existing grease traps/interceptors
must be operated and maintained in accordance with the manufacturer’s
recommendations and in accordance with this article, unless specified
in writing and approved by the city. If required by the city, the
facility shall be required to install within 90 days of the effective
date of notification.
(3)
Disposal of waste.
All grease trap/interceptor waste
shall be properly disposed of at a facility in accordance with federal,
state, or local regulation.
(b)
Cleaning and maintenance.
(1)
Grease traps and grease interceptors shall be maintained in an efficient
operating condition at all times.
(2)
Each grease trap pumped shall be fully evacuated unless the trap
volume is greater than the tank capacity on the vacuum truck in which
case the transporter shall arrange for additional transportation capacity
so that the trap is fully evacuated within a 24-hour period, in accordance
with 30 Texas Administrative Code §312.143.
(c)
Self-cleaning.
(1)
Grease trap self-cleaning operators must receive approval from the
city annually prior to removing grease from their own grease trap(s)
located inside a building, provided:
(A)
The grease trap is no more than fifty (50) gallons in liquid/operating
capacity;
(B)
Proper on-site material disposal methods are implemented (e.g. absorb
liquids into solid form and dispose into trash);
(C)
The local solid waste authority allows such practices;
(D)
Grease trap waste is placed in a leakproof, sealable container(s)
located on the premises and in an area for the transporter to pump-out;
and
(E)
Detailed records on these activities are maintained.
(2)
Grease trap self-cleaning operators must submit a completed self-cleaning
request to the city for approval. The written request shall include
the following information:
(A)
Business name and street address;
(B)
Grease 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 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 recordkeeping 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 trap/interceptor was serviced;
(B)
Name of the person or company servicing the grease trap/interceptor;
(C)
Waste disposal method used;
(D)
Gallons of grease removed and disposed of;
(E)
Waste oil added to grease trap/interceptor waste; and
(F)
Signature of the operator after each cleaning that certifies that
all grease was removed, disposed of properly, grease trap/interceptor
was thoroughly cleaned, and that all parts were replaced and in operable
condition.
(4)
Violations incurred by grease trap self-cleaners will be subject
to enforcement action including fines and/or removal from the self-cleaner
program.
(d)
Cleaning schedules.
(1)
Grease traps and grease interceptors shall be cleaned as often as
necessary to ensure that sediment and floating materials do not accumulate
to impair the efficiency of the grease trap/interceptor; to ensure
the discharge is in compliance with local discharge limits; and to
ensure no visible grease is observed in discharge.
(2)
The city has the ability to inspect and evaluate grease traps and
grease interceptors at any time.
(3)
Grease traps and grease interceptors subject to these standards shall
be completely evacuated a minimum of every ninety (90) days, or more
frequently when:
(A)
Twenty-five (25) percent or more of the wetted height of the grease
trap or grease interceptor, as measured from the bottom of the device
to the invert of the outlet pipe, contains floating materials, sediment,
oils or greases;
(B)
The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant
levels established by the city; or
(C)
If there is a history of noncompliance.
(4)
Any person who owns or operates a grease trap/interceptor may submit
to the city a request in writing for an exception to the ninety (90)
day pumping frequency of their grease trap/interceptor. The city may
grant an extension for required cleaning frequency on a case-by-case
basis when:
(A)
The grease trap/interceptor owner/operator has demonstrated the specific
trap/interceptor will produce an effluent, based on defensible analytical
results, in consistent compliance with established local discharge
limits such as BOD, TSS, FOG, or other parameters as determined by
the city; or
(B)
Less than twenty-five (25) percent of the wetted height of the grease
trap or grease interceptor, as measured from the bottom of the device
to the invert of the outlet pipe, contains floating materials, sediment,
oils or greases.
(5)
In any event, a grease trap and grease interceptor shall be fully
evacuated, cleaned, and inspected at least once every 180 days.
(e)
Manifest requirements.
(1)
Each pump-out of a grease trap or interceptor must be accompanied
by a manifest to be used for recordkeeping purposes.
(2)
Persons who generate, collect and transport grease 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 commission registration number of transporter;
(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 (permit or site registration number, location, and
operator) of the facility where the waste was deposited;
(G)
Name and signature of facility on-site representative acknowledging
receipt of the waste and the amount of waste received;
(H)
The volume of the grease waste received; and
(I)
A consecutive numerical tracking number to assist transporters, waste
generators, and regulating authorities in tracking the volume of grease
transported.
(3)
Manifests shall be divided into five parts and records shall be maintained
as follows:
(A)
One part of the manifest shall have the generator and transporter
information completed and be given to the generator at the time of
waste pickup.
(B)
The remaining four parts of the manifest shall have all required
information completely filled out and signed by the appropriate party
before distribution of the manifest.
(C)
One part of the manifest shall go to the receiving facility.
(D)
One part shall go to the transporter, who shall retain a copy of
all manifests showing the collection and disposition of waste.
(E)
One copy of the manifest shall be returned by the transporter to
the person who generated the wastes within 15 days after the waste
is received at the disposal or processing facility.
(F)
One part of the manifest shall go to the city utility department.
(4)
Copies of manifests returned to the waste generator shall be retained
for five years and be readily available for review by the city.
(f)
Alternative treatment.
(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 trap. Surfactants, solvents, and emulsifiers
are materials which allow the grease 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) above that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.
(3)
Bioremediation media may be used with the city’s approval if
the person has proved to the satisfaction of the city that laboratory
testing which is appropriate for the type of grease trap to be used
has verified that:
(A)
The media is a pure live bacterial product which is not inactivated
by the use of domestic or commercial disinfectants and detergents,
strong alkalis, acids, and/or water temperatures of 160F (71C).
(B)
The use of the media does not reduce the buoyancy of the grease layer
in the grease trap and does not increase the potential for oil and
grease to be discharged to the sanitary sewer.
(C)
The use of the bioremediation media does not cause foaming in the
sanitary sewer.
(D)
The BOD, COD, and TSS discharged to the sanitary sewer after use
of the media does not exceed the BOD, COD, and TSS which would be
discharged if the product were not being used and the grease trap
was being properly maintained. pH levels must be between 5 and 11.
(4)
All testing designed to satisfy the criteria set forth in subsection (f)(1) above shall be scientifically sound and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which have been approved by the Environmental Protection Agency and the Texas Commission on Environmental Quality and which are defined in title 40, Code of Federal Regulations, part 136 or title 30, Texas Administrative Code §319.11. Testing shall be open to inspection by the city and shall meet the city’s approval.
(Ordinance 2018-09-10-005 adopted 9/10/18)
(a)
If the city determines that a generator is responsible for a blockage
of a collection system line, the generator shall owe a civil penalty
of $1,000.00 for the first violation, $1,500.00 for a second violation,
and $2,000.00 for the third violation within a two-year period. Continuous
violations shall result in an increase in penalty by $500.00 and may
also result in termination of services.
(b)
Any person violating any of the provisions of this article shall
be subject to a written warning for the first violation, a $1,000.00
civil penalty for the second violation, a $1,500.00 civil penalty
for the third violation, and a $2,000.00 civil penalty for the fourth
violation within a two-year period. Consistent violations will result
in a $500.00 increase in civil penalty and may result in termination
of service.
(c)
Notice of violations and assessments of penalties made pursuant to
this section shall be sent to the generator or account holder informing
them of the violation and assessment of penalties. Notices provided
herein shall be deemed delivered within three business days after
their placement with the United State Postal Service, hand delivery,
or courier.
(d)
Administrative fees assessed pursuant to this article shall be added
to a wastewater account holder’s regular monthly utility bill
from the city or be billed separately to the generator, as determined
by the city. Any cost to repair sewer lines, streets or any other
city property caused by not following this article will be billed
to generator according to the city fee schedule.
(e)
Unpaid assessed administrative fees related to violations of this
article shall incur late payment penalties in compliance with the
city’s fee schedule and may result in the termination of services.
(Ordinance 2018-09-10-005 adopted 9/10/18)
(a)
An aggrieved person may request a hearing before a hearing officer(s) appointed by the city manager within fifteen (15) business days after the date on the notice provided in compliance with section 13.04.004. The hearing officer(s) shall evaluate all information offered by the aggrieved person at the hearing. The aggrieved person shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. Receipt of the decision of the hearing officer(s) by the aggrieved person is presumed on the third business day after the city mails the decision of the hearing officer(s) to the aggrieved person.
(b)
The aggrieved person may appeal the decision from the hearing officer(s)
in writing to the city manager within seven (7) business days from
the date the city mails the decision of the hearing officer(s) to
the aggrieved person. In the written appeal, the aggrieved person
shall provide the factual basis for the appeal and describe why the
decision of the hearing officer(s) is not supported by the evidence.
The city manager shall promptly review the appeal. The decision by
the city manager is final and binding.
(Ordinance 2018-09-10-005 adopted 9/10/18)
