(a) 
Applicability.
This article shall apply to all grease generators and grit generators using the publicly owned treatment works (POTW), each as defined in section 13.05.002 of this article. A generator shall provide grease traps or grit traps as required under division 2 of this article when, in the opinion of the city superintendent, they are necessary for the proper handling of wastewater.
(b) 
Exemptions.
The following establishments shall be exempt:
(1) 
One that operates for a maximum duration of four (4) days in connection with an annual event, such as a fair, carnival, circus, public exhibition or other public gathering;
(2) 
One that sells or serves prepackaged or precooked foods that would require warming only or are served without additional processing or cooking in a manner in which washing is not required, so as not to introduce grease or grit into the wastewater;
(3) 
One that serves only snow cones, drinks or ice cream products;
(4) 
Produce markets without food grinders;
(5) 
Grocery or convenience stores without food preparation, meat cutting or packaging, delicatessens or bakeries; or
(6) 
Day care centers which primarily serve microwave dishes, using simple [single] service items, served in a manner in which washing is not required, so as not to introduce grease or grit into the wastewater.
(c) 
Request for exemption.
If a grease generator or grit generator believes that they do not need a grease or grit trap and do not fall into any of the exempted categories listed above, they must submit to the city superintendent the following information to prove their exemption:
(1) 
The name, address and telephone number of their facility;
(2) 
The name of the manager or other contact at the business;
(3) 
A description of the facility;
(4) 
The type, size and maintenance schedules of any wastewater pretreatment devices;
(5) 
The name of all haulers of any water and recycled products who have hauled from the facility in the previous year;
(6) 
A statement of whether employees are trained in waste disposal practices, and a description of said training;
(7) 
A plan showing the locations of all water and sewer connections, fixtures, sample ports, backflow prevention devices, and any other treatment devices;
(8) 
A copy of all printed menus if the facility is an eating establishment;
(9) 
A description of any changes planned to the structure;
(10) 
Any planned significant changes to the generator’s operation or system which might alter the nature, quality, or volume of its wastewater;
(11) 
A statement as to why the generator believes it qualifies for an exemption; and
(12) 
Any other information as may be deemed necessary by the city superintendent to evaluate the wastewater discharge.
The city superintendent will then make a decision in regard to all requests for exemption. Should the generator disagree with the decision of the city superintendent, the generator may appeal such a decision in writing within five (5) days after the written decision of the city superintendent. The appeal shall be to the city council and shall include any evidence the generator wishes to provide that the required pumping of grease traps or grit traps is not necessary. The decision of the city council shall be final.
(d) 
Prohibited discharges.
No grease generator or grit generator may intentionally or unintentionally allow the direct or indirect discharge of any inorganic solid, plastics, paper, petroleum oil, non-biodegradable cutting oil, mineral oil, or any other fats, oils, or greases of animal or vegetable origin or any non-biodegradable material into the POTW system in such amounts as to cause interference with the collection and treatment system, or as to cause pollutants to pass through the treatment works into the environment.
(e) 
Diversion of wastewater.
No grease generator or grit generator shall divert wastewater around a collection point into the sanitary sewer or into a storm drainage system.
(f) 
Responsibility for cost of compliance.
The cost of complying with all sections of this article shall be the joint and several responsibility of the grease or grit generator, the property owner and the lessee of the property owner. Unless otherwise specified herein, these costs include but are not limited to any maintenance, grease or grit trap cleaning, repair, replacement or modification, and installation of sample wells or ports as provided hereunder.
(g) 
Conformance with state and federal law.
The technical standards set out in this article shall be automatically adjusted to conform to any amendment to state or federal law which changes such standards. The technical standards applicable to generators in the city shall always be the same as the standards for such generators as established by state or federal law.
(Ordinance 2011-003, sec. 01-01, adopted 3/14/11)
Act.
The federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251 et seq.
BOD.
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 and Wastewater.
City superintendent.
The person authorized by the city council to conduct plumbing inspections on behalf of the city.
COD.
The value of the test for chemical oxygen demand, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
Commercial.
As describing a specific generation of waste, shall refer to the generation of any grease trap waste or grit trap waste by any grease generator or grit generator, each as defined in this article.
EPA.
The United States 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.
Any substance, whether solid or liquid, and whether of animal, vegetable, or fruit origin, intended to be used or commonly used as a food for human consumption.
Food establishment.
Any place where food is manufactured, packaged, produced, processed, prepared or served for commercial, public or facility resident consumption. The term shall also include any such place regardless of whether there is a charge for the food. The term shall not include a private home where food is prepared for individual family consumption.
Grease generator.
A person who causes, creates, generates, stores or otherwise produces liquid waste, including but not limited to grease trap waste or food waste, whether a byproduct of domestic or nondomestic activity, or who owns property upon which such liquid waste is caused, created, generated, stored, or produced, including but not limited to bakeries, caterers, butcher shops, cafes, club houses, delicatessens, hospitals, hotels, restaurants, schools, institutions or similar places where meat, poultry, seafood, dairy products, fried foods or other foods are prepared or served. The term shall not apply to a single-family residential dwelling, multi-unit apartment complex or duplex residential dwelling unit which is not otherwise used for the preparation or sale of food items intended to be sold for profit. The term shall not apply to an exempt establishment.
Grease trap or grease interceptor.
A device designed to use differences in specific gravities to separate and retain light density liquids and 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. The terms “grease trap” and “grease interceptor” are used interchangeably for purposes of this article.
Grease trap waste.
Material collected in and from a grease trap or grease interceptor in the sanitary sewer service line of a grease generator, including the solids resulting from dewatering processes.
Grit.
Shall mean, generically, any insoluble solid material, including but not limited to sand and rock or similar inorganic solids, which may cause singular or cumulative obstruction of the flow in the POTW resulting in interference.
Grit generator.
A person who causes, creates, generates, stores or otherwise produces liquid waste containing petroleum-based oil and grease wastes, sand, grit and other inorganic solids or who owns or leases property upon which said liquid waste is caused, created, generated, stored, or produced, including but not limited to automotive or heavy machinery repair facilities, automotive or heavy machinery washing facilities, washaterias, commercial laundries and related facilities. The term shall not apply to an individual single-family dwelling.
Grit trap.
A receptacle used by grit generators of liquid waste to intercept, collect, and restrict the passage of petroleum-based oil and grease wastes, sand, grit and other inorganic materials or other solids into private and public sanitary sewers to which the receptacle is directly or indirectly connected. The terms “grit trap” and “grit interceptor” are used interchangeably for the purposes of this article.
Grit trap waste.
Oil and grease wastes, sand, grit and other inorganic solids generated by grit generators that are collected by and ultimately removed from a grit trap disposal.
Indirect discharge or discharge.
The introduction of pollutants into a POTW from any nondomestic source.
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 or its sludge processes, use or disposal.
Manifest.
The written, multi-part documentation detailing the generator of the grease trap waste or grit trap waste, identifying the transporter and the disposal facility for the waste.
Person.
An individual, or any association, company, corporation, firm, organization or partnership, singular or plural, of any kind.
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, and shall include the city sewer system. This definition shall also include any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It shall also include all sewers, pipes and other conveyances that convey wastewater to a POTW treatment plant. The term shall also mean 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, and shall include the city. For purposes of this article, the terms “sanitary sewer system” and “POTW” may be used interchangeably.
Sampling port or sampling well.
A device or manhole installed in the facility sewer according to specifications required by the city superintendent so as to facilitate sampling of the wastewater discharge.
Sanitary sewer.
A system of pipes, conduits, and treatment facilities owned or operated by the city which collect, transport and treat sanitary sewage, and to which storm, surface, and ground waters are not intentionally or normally admitted.
TCEQ.
The state commission on environmental quality, and its predecessor and successor agencies.
Transporter.
A person who is registered with and authorized by TCEQ to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, or grease trap waste.
TSS.
The value of the test for total suspended solids, as described in the latest edition of Standard Methods for the Examination of Water and Wastewater.
User.
Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution of discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources.
(Ordinance 2011-003, sec. 01-02, adopted 3/14/11)
(a) 
The city superintendent may direct suspension of water service and/or wastewater service to a generator to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, or to the environment, or cause interference to the POTW and/or the sanitary sewer system. Service may also be suspended if the generator refuses to abide by this article or to pay any penalty issued. A generator is liable to the city for any expense, loss, or damage occasioned by the city for reason of appropriate cleanup and proper disposal of waste materials.
(b) 
Any person who violates any provision of this article shall, upon conviction, be punished as provided for a public health type violation. Each day a violation continues shall constitute a separate offense and shall be punished accordingly. In addition to prohibiting certain conduct by natural persons, it is the intent of this article to hold a corporation, association, limited liability company or limited liability partnership legally responsible for prohibited conduct performed by an agent acting on behalf of a corporation or association and within the scope of his office or employment.
(Ordinance 2011-003, sec. 01-04, adopted 3/14/11)
(a) 
All trap installation and cleaning requirements shall be in effect upon the effective date of enactment of this article.
(b) 
Grease generators or grit generators in existence prior to the enactment of this article shall have until June 1, 2011 to install grease traps or grit traps or to bring their existing grease traps or grit traps into compliance. Requests for extension of time to comply with this article must be made before June 1, 2011 to the city secretary, who shall confer with the city superintendent. This decision may be appealed to the city council. Every decision of the council shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity.
(c) 
Grease generators or grit generators who believe that this article is not applicable to their establishment or who cannot physically meet construction requirements or who believe that construction requirements are excessive or unduly onerous may request a review by the city superintendent. The city superintendent’s decision may be appealed to the city council. Every decision of the council shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity.
(Ordinance 2011-003, sec. 01-05, adopted 3/14/11)
This article shall be cumulative of all other ordinances of the city, and this article shall not operate to repeal or affect any such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this article, in which event such conflicting provisions, if any, in such ordinance or ordinances are hereby repealed.
(Ordinance 2011-003, sec. 3, adopted 3/14/11)
All regulations provided in this article are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the city council or any city official or employee charged with the enforcement of this article, acting for the city in the discharge of his or her duties, shall not thereby render himself or herself personally liable, and he or she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of said duties.
(Ordinance 2011-003, sec. 4, adopted 3/14/11)
(a) 
Each grease generator, whether using a facility newly proposed or constructed, or whether existing at enactment of this article, shall be required to design, install, operate and maintain a grease trap or grease interceptor suitable for the grease generator’s needs as determined by the city superintendent in accordance with locally adopted plumbing codes or other applicable ordinances. Each grit generator, whether using a facility newly proposed or constructed, or whether existing at enactment of this article, shall be required to design, install, operate and maintain a grit trap or grit interceptor suitable for the grit generator’s needs as determined by the city superintendent in accordance with locally adopted plumbing codes or other applicable ordinances. Grit traps, grit interceptors, grease traps, and grease interceptors for newly constructed facilities shall be installed and inspected prior to issuance of a certificate of occupancy.
(b) 
Existing grit traps, grease traps and grease interceptors must be operated and maintained in accordance with the manufacturer’s recommendations and in accordance with the locally adopted plumbing codes or other applicable ordinances, unless specified in writing and approved by the city superintendent.
(c) 
A generator shall properly install a sample port or sample well for ease in sampling wastewater discharge from the grease or grit trap. Sample ports shall meet the following criteria:
(1) 
The sample port shall be installed and maintained at the generator’s expense;
(2) 
The sample port shall be installed as close as possible to, and no more than twenty-four inches (24") from, the discharge of the grit trap, grit interceptor, grease trap or grease interceptor;
(3) 
The port shall be installed by a licensed plumber according to specifications and shall be installed perpendicular to the effluent flow to allow visual observation and sampling;
(4) 
The port shall be accessible for monitoring authorities;
(5) 
New facilities being constructed shall have the sample port installed and inspected prior to issuance of a certificate of occupancy.
(Ordinance 2011-003, sec. 01-03(1), adopted 3/14/11)
(a) 
Grit traps, grease traps and grease interceptors shall be maintained in an efficient operating condition at all times. A grease generator or grit generator shall have the grease trap or grit trap serviced as frequently as necessary to prevent bypass or overflow into the city’s wastewater system and to insure proper operation of the trap.
(b) 
Each grit trap and 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 any applicable federal, state, county or city regulation. A generator shall supervise the servicing of the grease or grit trap and shall ensure that the trap is completely emptied by an authorized transporter as defined in this article during such servicing. The transporter shall not return any materials to the grease or grit trap once the trap has been cleared.
(c) 
Grease and grit traps shall be inspected for seepage into the surrounding media whenever the trap has been pumped. The grease generator or grit operator shall repair, replace or install apparatus and equipment as necessary to ensure the proper operation and function of the grease trap or grit trap. A grease generator or grit generator shall clean up or cause to be cleaned up all spills of liquid or solid waste and shall have the waste properly disposed of by the transporter.
(Ordinance 2011-003, sec. 01-03(2), adopted 3/14/11)
(a) 
Grit trap and grease trap self-cleaning operators must receive approval from the POTW annually prior to removing grit and grease from their own grit traps and grease traps located inside a building, provided:
(1) 
The grit trap or grease trap is no more than fifty (50) gallons in liquid/operating capacity;
(2) 
Proper on-site material disposal methods are implemented (e.g., absorb liquids into solid form and dispose into trash);
(3) 
The local solid waste authority, or the city, allows such practices;
(4) 
Grit trap waste or grease trap waste is placed in leak-proof, sealable containers located on the premises and in an area for the transporter to pump out; and
(5) 
Detailed records on these activities are maintained.
(b) 
Grit trap or grease trap self-cleaning operators must submit a completed self-cleaning request to the POTW for approval. The written request shall include the following information:
(1) 
Business name and street address;
(2) 
Grit trap or grease trap or grease interceptor operator name, title and phone number;
(3) 
Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grit trap, grease trap or grease interceptor; and
(4) 
A signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.
(c) 
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:
(1) 
The date the grit trap, grease trap or grease interceptor was serviced;
(2) 
The name of the person or company servicing the grit trap, grease trap or grease interceptor;
(3) 
The waste disposal method used;
(4) 
Gallons of grit waste or grease removed and disposed of;
(5) 
Waste oil added to grit trap or grease trap or grease interceptor waste; and
(6) 
Signature of the operator after each cleaning that certifies that all grit waste or grease was removed and disposed of properly, that the grit trap or grease trap or grease interceptor was thoroughly cleaned, and that all parts were replaced and in operable condition.
(d) 
Violations incurred by grit trap or grease trap self-cleaners will be subject to enforcement action, including fines and/or removal from the self-cleaner program.
(Ordinance 2011-003, sec. 01-03(3), adopted 3/14/11)
(a) 
Grit traps and 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 trap or interceptor, to ensure that the discharge is in compliance with local discharge limits, and to ensure that no visible grit, non-soluble materials or grease is observed in discharge.
(b) 
Grit traps, grease [traps] and grease interceptors subject to these standards shall be completely evacuated a minimum of every ninety (90) days, or more frequently when:
(1) 
Twenty-five percent (25%) or more of the wetted height of the grit trap, 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;
(2) 
The discharge exceeds BOD, COD, TSS, FOG, pH or other pollutant levels established by the POTW; or
(3) 
If there is a history of noncompliance.
(c) 
Any person who owns or operates a grit trap, grit interceptor, grease trap or grease interceptor may submit to the POTW a request in writing for an exception to the ninety (90) day pumping frequency of the person’s grit trap, grit interceptor, grease trap or grease interceptor. The POTW may grant an extension for required cleaning frequency on a case-by-case basis when:
(1) 
The grit generator or grease generator has demonstrated the specific grit trap, grit interceptor, grease trap or grease 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 POTW; or
(2) 
Less than twenty-five percent (25%) of the wetted height of the grit trap, grit interceptor, 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 other greases.
(d) 
In any event, a grit trap, grit interceptor, grease trap or grease interceptor shall be fully evacuated, cleaned and inspected at least once every 180 days.
(e) 
If a grease generator or grit generator believes that pumping of their grease trap, grease interceptor, grit trap or grit interceptor every 180 days is not justified, the generator must request in writing an exemption to the requirement. To qualify for the exemption, the generator must have an independent laboratory sample and analyze a monthly grab wastewater discharge sample for oil and grease or for grit, and ensure samples are collected from the sample port, and when analyzed the oil, grease or grit must be less than 200 mg/l.
(Ordinance 2011-003, sec. 01-03(4), adopted 3/14/11)
(a) 
Each pump-out of a grit trap, grit interceptor, grease trap or grease interceptor must be accompanied by a manifest to be used for recordkeeping purposes as described in this section, or as required for a particular grease generator or grit generator by the city superintendent.
(b) 
Persons who generate, collect and transport grit waste or 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:
(1) 
The name, address, telephone number and commission registration number of the transporter;
(2) 
The name, signature, address and phone number of the person who generated the waste and the date collected;
(3) 
The type and amount(s) of waste collected or transported;
(4) 
The name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;
(5) 
The date and place where the waste was deposited;
(6) 
Identification (by permit or site registration number, location and operator) of the facility where the waste was deposited;
(7) 
The name and signature of the facility on-site representative acknowledging receipt of the waste and the amount of waste received;
(8) 
The volume of the grit waste or grease waste received; and
(9) 
A consecutive numerical tracking number to assist the transporters, waste operators, and regulating authorities in tracking the volume of grit waste or grease transported.
(c) 
Manifests shall be divided into five (5) parts and records shall be maintained as follows:
(1) 
One part of the manifest shall have the generator and transporter information completed and be given to the generator at the time of the waste pickup.
(2) 
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.
(3) 
One part of the manifest shall go to the receiving facility.
(4) 
One part of the manifest shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.
(5) 
One part of the manifest shall be returned by the transporter to the person who generated the waste within fifteen (15) days after the waste is received at the disposal or processing facility.
(d) 
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 2011-003, sec. 01-03(5), adopted 3/14/11)
(a) 
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.
(b) 
It is affirmative defense to the enforcement of the subsection (a) of this section that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.
(c) 
Bioremediation media may be used with the POTW’s advance approval if the person has proved to the satisfaction of the POTW that laboratory testing which is appropriate for the type of grease trap to be used has verified that:
(1) 
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 160°F (71°C).
(2) 
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.
(3) 
The use of the bioremediation media does not cause foaming in the sanitary sewer.
(4) 
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. The levels of pH must be between 5 and 11.
(d) 
All testing designed to satisfy the criteria set forth in subsection (c) of this section 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 state commission on environmental quality and which are defined in title 40, Code of Federal Regulations, part 136, or title 30, Texas Administrative Code, section 319.11. Testing shall be open to inspection by the POTW, and shall meet the POTW’s approval.
(Ordinance 2011-003, sec. 01-03(6), adopted 3/14/11)
(a) 
Generators shall submit to the city superintendent copies of all manifests made by liquid waste transporters servicing their grit traps, grease traps or grease interceptors during the reporting period, as otherwise required by this article, together with a copy of any maintenance logs kept for the interceptors, a copy of the interceptor service contract and any other information required by the city superintendent.
(b) 
Representatives of the city may sample a generator’s facility at any reasonable time. It shall be unlawful for a generator to refuse to allow the city superintendent or his authorized representative to enter the generator’s premises during business hours to determine whether the generator is complying with all the requirements of this article. A generator shall [allow] the city superintendent or his authorized representative access to all parts of the premises for the purpose of inspection, sampling, records examination, copying and the performance of all other duties. If the results of the sampling indicate that the grease generator or grit generator is not in compliance with this article, or if the grease generator or grit operator has not timely submitted a manifest or other report as required by this article, the generator shall be required to pay for the sampling done under this subsection.
(Ordinance 2011-003, sec. 01-03(7), adopted 3/14/11)
When a facility with a grit trap, grit interceptor, grease trap or grease interceptor closes for business and is subsequently razed or demolished, then any trap or interceptor shall be physically removed within thirty (30) days of said demolition. If a facility is remodeled such that the trap or interceptor will not be used, then within thirty (30) days from disconnection of the trap or interceptor, the trap or interceptor may be either physically removed, or left in place after all effluent is pumped out, the trap or interceptor cleaned thoroughly, filled with sand or other inert material, and replumbed as to bypass the existing interceptor or trap while leaving the empty trap or interceptor in place for possible future utilization by another business. In all instances, the owner of the premises shall appropriately inform the city superintendent and perform closure at such a time to allow for inspection during removal of the trap or interceptor.
(Ordinance 2011-003, sec. 01-03(8), adopted 3/14/11)