Traps shall be required for all food service establishments not specifically exempted. The following food service establishments are exempt:
(1) 
Grocery stores, except those utilizing deep fat frying units with two-quart or greater capacity for food service;
(2) 
Churches;
(3) 
Clubs;
(4) 
Day Care Centers;
(5) 
Snow Cone stands;
(6) 
Confectionery stores;
(7) 
Mobile Units;
(8) 
Produce Markets
(Ordinance 435, adopted 7/5/94, Section I)
Food Service Establishments.
Any commercial establishment which conducts preparation and handling of unpackaged food. The term includes every place regardless of whether consumption is on or off premises.
Grocery Store.
Any commercial establishment which 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.
Club.
Any commercial establishment licensed by the Texas Alcoholic Beverage Commission which serves drinks only.
Day Care Centers.
A food service establishment, including those operated by a church, licensed by the State of Texas as a day care which has a license capacity of sixty (60) or less children.
Confectionery Store.
Any commercial establishment which sells exclusively unpackaged sweets, confections, nuts, ice cream, yogurt and variety food items.
Mobile Unit.
Any food service establishment in a vehicle or trailer designed to be readily moveable and which remains in one location for less than thirty (30) days.
Produce Market.
Any commercial establishment which sells fresh fruits and vegetables.
(Ordinance 435, adopted 7/5/94, Section II)
Trap sizes will be determined 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 to customers on premises or carry out and the occupancy rating is for 51-100 persons shall have 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 building official.
(5) 
Sampling Station.
(A) 
Any food service establishment which only uses microwave ovens on the premises in the preparation of food may elect to install a sampling station in the waste line leading from sinks, drains or other plumbing fixtures in lieu of a grease trap.
(B) 
The sampling station shall be installed at occupant’s or tenant’s cost to provide accessibility to the cover for sampling purposes and means for servicing and maintaining the station in working condition.
(C) 
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 grease trap in accordance with the provisions of this article within forty-five (45) days.
(Ordinance 435, adopted 7/5/94, Section III)
(a) 
All liquid waste lines, except for sewage lines carrying human waste and lines from disposals shall empty into a grease trap and must pass through a sampling station.
(b) 
All traps described in this article shall be constructed to provide a two-way clean out on each side.
(c) 
All traps described in this article shall be constructed to have a sampling station, as shown on Exhibit “D” or equivalent.
(Ordinance 435, adopted 7/5/94, Section IV)
(a) 
All traps described in this article shall be kept clean and accessible for inspection by the occupant or tenant of the premises.
(b) 
All establishments covered by this article are required to comply with the Texas Natural Resource Conservation Commission’s “Municipal Solid Waste Management Regulations” providing for handling, processing or disposal of waste from grease traps. Owner or managers or responsible companies’ designee shall have maintained on the premises verification of the location and identity of the type of trap. Unless otherwise allowed by the city, such verification shall be provided by the commercial firm performing the cleaning. Verification records shall be kept available for city inspection for a minimum of three (3) years.
(Ordinance 435, adopted 7/5/94, Section V)
Dilution of unacceptable wastes by increased use of process water or the introduction of biodegradable parasites, or by other methods, will not be acceptable as a partial or complete substitute for adequate treatment.
(Ordinance 435, adopted 7/5/94, Section VI)
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. 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 or local requirements to assure compliance with Pretreatment Standards. The city, or the Texas Natural Resource Conservation Commission shall also have a right to install such devices upon a user’s property as are necessary to conduct sampling inspection, compliance monitoring, and/or local requirements to assure compliance with treatment standards. The city or the Texas Natural Resource Conservation Commission shall also have a right to install such devices upon a user’s property as necessary to conduct sampling inspection, compliance monitoring and/or metering operations. All verification records covered by this article shall be available for inspection upon the premises by authorized city, state, and federal authorities.
(Ordinance 435, adopted 7/5/94, Section VII)
(a) 
Any person discovered to be in violation of this article shall be served by the city with written notice of the violation. Except in an emergency as defined in Section “Emergency Procedures”, the city shall not terminate water and/or sewer service without due process of law.
(b) 
The required notice of violation shall describe the nature the violation and thirty (30)day time limit for its correction. The city may also require the person to report the cause of the violation and to submit a schedule for its correction.
(c) 
The city shall have the right to seek injunctive relief against violators of this article in such city, county state or federal courts as may be deemed appropriate where such action is necessary to achieve compliance. Injunctive relief may include:
(1) 
Specific performance of the ordinance with respect to discharge standards reporting requirements, payment of user charges, access to industrial properties, repair of private sewer leaks, or other provisions;
(2) 
Termination of service where necessary for compliance; and/or,
(3) 
Liquidated damages for any illegal discharges which result in:
(A) 
Damage to sewage works, including stoppages in lines and manholes;
(B) 
Excessive treatment costs; or
(C) 
Fines for stream pollution or by-pass stoppages.
(d) 
Such injunctive relief may be taken against persons falling in the following categories:
(1) 
Willful violators of any provisions of this article;
(2) 
Persons refusing access or placement equipment under this article;
(3) 
Persons not complying promptly with duly issued notices to correct violation;
(4) 
Persons discharging pollutants which can:
(A) 
Cause structural damage to the sewage works;
(B) 
Obstruct the collection lines;
(C) 
Interfere with the treatment process;
(D) 
Create fire or explosion hazards; or
(E) 
Cause a violation of stream standards.
(5) 
Persons not complying with emergency notices issued by the city under Section title “Emergency Procedures”.
(Ordinance 435, adopted 7/5/94, Section VIII)
(a) 
The city shall take immediate action to stop any actual or imminent discharge of corrosive, flammable, toxic, organic or other substances which can cause:
(1) 
Rapid deterioration of the sewage works;
(2) 
Major fire or explosion hazards; and/or
(3) 
Severe danger to the health or welfare of persons.
(b) 
Nothing in this article shall prohibit the city from exercising any of its rights to suspend or take corrective action against any person or persons.
(Ordinance 435, adopted 7/5/94, Section IX)
(a) 
If any person violates any provision of this article, thereby violating a state or federal statute or injunction, the city may seek prosecution of that person in the appropriate state of federal court, and may seek such penalties as are prescribed by that statute or injunction.
(b) 
If any person violates any provision of this article, and the violation is not punishable in state or federal courts that person shall be guilty of a misdemeanor upon conviction in the city court. Each offense shall be punished by a fine in accordance with the general penalty provision found in Section 1.106 of this code. Each day of such violation shall be deemed a separate offense.
(c) 
Any person violating any of the provisions of this article shall become liable to the city for any expense, loss, or damage occasioned by the city by reason of such violation.
(Ordinance 435, adopted 7/5/94, Section X)
(a) 
All trap cleaning requirements shall be in effect upon the passage of this article.
(b) 
Occupants, tenants or designated agents of establishments existing prior to the passage of this article shall have until the 11th day of July, 1995, to bring their existing grease traps, if any, in to compliance. Requests or appeals for extension of time to comply with this article must be made before the 11th day of October, 1994. Requests or appeals must be made through the office of the city manager and thereafter appealed directly to the city council. Any decision of the council shall be final subject, however, to such remedy as any aggrieved party might have at law or in equity.
(c) 
Occupants, tenants, or designated agents of establishments existing prior to the passage of this article, who feel that this article is not applicable to their establishment or cannot physically meet construction requirements, or feel that construction requirements are excessive or unduly onerous, may appeal to the city manager and thereafter to the city council. Any decision of the council shall be final, subject, however, to such remedy as any aggrieved party might have at law or in equity.
(Ordinance 435, adopted 7/5/94, Section XI)