ARTICLE 4.900 FOOD SERVICE ESTABLISHMENTS

General.

No person shall operate a food service establishment who does not have a valid permit, issued to him by the regulatory authority. Only a person who complies with the requirements of these rules shall be entitled to receive or retain such a permit. Permits are not transferable. A valid permit shall be posted in every food service establishment.

Certified Food Manager.

No person shall operate a food service establishment, other than an activity exempted under subsection (h), unless the food service establishment has, as a substantially full-time employee, a certified food manager, whose responsibilities and authority includes:

Identifying hazards in its day-to-day operation;

Developing and implementing specific policies, procedures and standards to prevent foodborne illness;

Supervising and directing food preparation activities and ensuring appropriate corrective actions are timely taken as needed to protect the health of consumers;

Training the food service establishment employees on the principles and practices of food safety; and

Performing in-house self-inspections of daily operations on a periodic basis to ensure that policies and procedures concerning food safety have been implemented and are being followed.

Issuance of Permit.

Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the regulatory authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of each applicant. At the time the application is made, the applicant will pay the application fee specified in Appendix A, Article 8.000.

Prior to approval of an application for a permit the regulatory authority shall inspect the proposed food service establishment to determine compliance with requirements of the rules and this article.

The regulatory authority shall issue a permit to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of the rules and this article.

(c)

Suspension of Permit.

Suspension Without Prior Notice.

The regulatory authority may immediately suspend any permit to operate a food service establishment without prior notice if the regulatory authority determines the operation of the food service establishment constitutes an immediate and substantial hazard to public health. When a permit is suspended, all regulated activity shall immediately cease.

Suspension with Notice.

The regulatory authority may suspend any permit issued to operate a food service establishment when the holder of the permit or the person in charge of the food service establishment does not comply with the requirements of the rules or this article, or if the operation of the regulated activity does not comply with the requirements of the rules or of this article after receiving notice of the violation from the regulatory authority in accordance with subsection (e). For purposes of this section, the failure by a food service establishment to maintain a certified food manager as a full-time employee shall constitute cause for the suspension of a permit issued under this article.

Service of Notice/Length of Suspension.

Whenever a permit is suspended, the holder of the permit or the person in charge of the food service establishment shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the city secretary of the city by the holder of the permit within ten (10) days of receiving the notice of suspension. If no written request for hearing is filed or if the suspension is upheld after appeal, the suspension remains effective until the holder of the permit complies with the rules and this article and the reasons for suspension no longer exist.

Appeal of Suspension.

A holder of a permit may appeal any suspension of a permit by filing, in writing, a request for a hearing with the city manager within ten (10) days for receiving the notice of suspension. The suspension remains in effect while an appeal is pending. Whenever a permit is suspended and a request for hearing is made by the holder of the permit, the hearing shall be conducted within twenty (20) days of receipt of a request for a hearing.

(d)

Revocation of Permit.

The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of the ten (10) days following service of such notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within such ten (10) day period. If no request for hearing is filed within the ten (10) day period, the revocation of the permit becomes final. If a request is filed, the city manager shall conduct the hearing within twenty (20) days of receipt of a request for a hearing

(e)

Service of Notices.

A notice provided for in the rules or this article is properly served when it is delivered to the holder of the permit or the person in charge of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit or delivered to the premises of the food service establishment. A copy of the notice shall be filed in the records of the regulatory authority.

(f)

Appeal Hearings.

Persons wishing to appeal from any decision of the health inspector may request a hearing to be conducted by the city manager at the time and place designated by him. Such hearings will not be required to follow formal rules of procedure or formal rules of evidence, but will be conducted in order to give a fair consideration to the appellant. The city manager may obtain input from such other officials as he deems necessary in order to reach a just result. The decision of the health inspector will be upheld unless the city manager determines that the health inspector’s decision is clearly erroneous.

(g)

Application After Revocation.

Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit.

(h)

Exemptions.

Any regulated activity which is conducted by a nonprofit organization as an annual or occasional fund raising or fellowship event shall be exempt from the requirement to obtain a permit. However, the activity shall still be subject to compliance with all rules and is subject to inspection.

Any food service establishment which is either:

Operated by a nonprofit organization in connection with the organization’s principal activity, such as concession stands operated by volunteers at youth athletic leagues; or

Operated by a nonprofit organization as a service to its members or to some identifiable group, such as shut-ins or persons suffering from some disabling condition;

shall be required to obtain a permit, but the permit fee provided in Appendix A, Article 8.000 shall be waived.

(Ordinance 1013 adopted 1/23/17)

§ 4.903 Inspections.

Inspection Frequency.

An inspection of a food service establishment shall be conducted at least twice a year. Additional inspections of the Food Service Establishment shall be performed as often as necessary for the enforcement of these rules. The need for such additional inspections shall be within the discretion of the health inspector or the regulatory authority.

Access.

Any employee, contractor or other agent of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time, for the purpose of making inspections to determine compliance with the rules and this article. The agents shall be permitted to examine the records of the establishments to obtain information pertaining to food and supplies purchased, received, or used, or to persons employed. Refusal of access is sufficient cause to immediately suspend any permit.

(c)

Report of Inspections.

Whenever an inspection of a food service establishment is made, the findings shall be recorded on the inspection report form set out in subsection (e) of this section. The inspection report form shall summarize the requirements of these rules and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated and shall state the correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100. A copy of the inspection report form shall be furnished to the person in charge of the food service establishment at the conclusion of the inspection. The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

(d)

Correction of Violations.

The inspection report shall specify a reasonable period of time for the correction of the violations found, and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:

If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the food service establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority.

All violations of items considered priority point or priority foundation items shall be corrected as soon as possible, but in any event, within 10 days following inspection. Within 15 days after the inspection, the holder of the permit shall submit a written report to the regulatory authority stating that the priority point or priority foundation items have been corrected. A follow-up inspection shall be conducted to confirm correction.

All core point items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.

When rating score of the establishment is less than 30%, the establishment shall initiate corrective action on all identified violations within 48 hours. One or more re-inspections will be conducted at reasonable time intervals to assure correction.

In the case of temporary food service establishments and roadside food vendors, all violations shall be corrected within 24 hours. If violations are not corrected within 24 hours, it shall immediately cease food service operations until authorized to resume by the regulatory authority.

The inspection report shall state that failure to comply with any time limits for corrections may result in the suspension of the permit causing cessation of food service operations. The report shall also outline the time limits for appeals as provided in this article.

§ 4.904 Examination and Condemnation of Food.

Whenever a food service establishment is required under the provisions of this rule to cease operations, it shall not resume operations until such time as a re-inspection determines that conditions responsible for the requirement to cease operations no longer exist. Opportunity for re-inspection shall be offered within a reasonable time.

(e)

Inspection Report Form.

An inspection report form based on the requirements of the rules and this article shall be on file with the city.

(Ordinance 1013 adopted 1/23/17; Ordinance 1071 adopted 5/15/2023)

Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of the rules and this article. The regulatory authority may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of any provision of the rules of this article. The regulatory authority shall tag, label, or otherwise identify any food subject of the hold order. No food subject to a hold order shall be used, served, or moved from the premises. The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for hearing may be filed within ten days and that if no hearing is requested the food shall be destroyed. A hearing shall be held if so requested, and on the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of these rules.

(Ordinance 1013 adopted 1/23/17)

§ 4.905 Review of Plans.

Submission of Plans.

Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, plans prepared by owner or agent for such construction, remodeling, or conversion shall be submitted to the regulatory authority for review before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, and construction materials of work areas, and the type and model of proposed equipment, fixtures and facilities. The regulatory authority shall review the plans and specifications to determine if they meet the requirements of the rules and this article. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications reviewed by the regulatory authority.

§ 4.906 Procedure When Infection is Suspected.

Pre-operational Inspection.

Whenever plans and specifications are required by subsection (a), above, to be submitted to the regulatory authority, the regulatory authority shall inspect the food service establishment prior to its beginning operation to determine compliance with the plans and specifications and with the requirements of these rules.

(Ordinance 1013 adopted 1/23/17)

When the regulatory authority has reason to suspect the possibility of disease transmission from any employee of a food service establishment, it may secure morbidity history of the suspected employee or make any other investigation as may be indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures:

The immediate exclusion of the employee from all regulated activities;

The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;

Restriction of the employee’s services to some area of the premises where there would be no danger of transmitting disease;

§ 4.911 Grease Interceptors and Waste Disposal.

Adequate medical and laboratory examination of the employees, of other employees and of his and their bodily discharges.

(Ordinance 1013 adopted 1/23/17)

§ 4.907 Penalties.

Any person violating or failing to comply with a provision of this article, and any person who is the permit holder of or otherwise operates a food service establishment that does not comply with the provisions of the rules or of this article, any responsible officer of that permit holder, or any of those persons above named, shall be deemed guilty of a misdemeanor violating an ordinance governing public health and safety and upon conviction thereof shall be fined in accordance with the general penalty provision found in Section 1.106(a)(1) of this code, for each offense. Each day during which a violation occurs is a separate offense.

(Ordinance 1013 adopted 1/23/17)

§ 4.908 Injunctions.

In addition to the above and foregoing penalties, the regulatory authority may seek to enjoin violations of the rules and of this article, and obtain such other and further relief necessary to remedy any violations, as appropriate.

(Ordinance 1013 adopted 1/23/17)

§ 4.909 Office of Health Inspector.

The city manager is authorized to appoint a health inspector for the city. The health inspector may be appointed by contract or as an employee upon such terms, conditions and qualifications as the city manager determines, in accordance with the city’s personnel policies.

(Ordinance 1013 adopted 1/23/17)

§ 4.910 Training for Food Handlers.

The health inspector may provide for and establish training, not to exceed two hours in length, for the training of food handlers.

(Ordinance 1013 adopted 1/23/17)

Applicability and prohibitions.

Sections 4.911 and 4.912 shall apply to all Food Service Establishment users of the Sanitary Sewer.

Grease traps or grease interceptors shall not be required for residential users.

Food Service Establishments 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 by § 4.912. Food Service Establishments include, but are not limited to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.

No person 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 Sanitary Sewer 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.

Fats, oils, and greases (FOG)

Definitions.

As used in this § 4.911 and in § 4.912:

Act

Means Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et. seq.

BOD

Means 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."

COD

Means the value of the test for Chemical Oxygen Demand, as described in the latest edition of "Standard Methods for the Examination of Water & Wastewater."

EPA

Means the United States Environmental Protection Agency.

Means 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 service establishment

includes, but is not limited to, a food establishment, food processing plant, roadside food vendor, temporary food service establishment include, food manufacturer, food processor, hospital, hotel and motel, prison, nursing home, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption.

Generator

Means any person who owns or operates a grease trap/grease interceptor, or whose act or process produces a grease trap waste.

Grease trap or interceptor

Means 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

Means 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.

Indirect discharge or discharge

Means the introduction of pollutants into the Sanitary Sewer from any non-domestic source.

Interference

Means a discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the Sanitary Sewer, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the Regulatory Authority's Texas Pollutant Discharge Elimination System permit.

Means the measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration.

Regulatory authority

Means the City of Levelland, Texas, a home rule municipal corporation.

Sanitary sewer

Means a public sewer that conveys domestic wastewater or industrial wastes or a combination of both, and into which stormwater, surface water, groundwater, and other unpolluted wastes are not intentionally passed.

TCEQ

Means the Texas Commission on Environmental Quality, and its predecessor and successor agencies.

Transporter

Means 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.

TSS

Means 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

Means any person, including those located outside the jurisdictional limits of the City of Levelland, who contributes, causes or permits the contribution or discharge of wastewater into the Sanitary Sewer, including persons who contribute such wastewater from mobile sources.

[Ordinance 1098 adopted 9/29/2025]

§ 4.912 Installation and maintenance requirements for grease interceptors.

Installations.

New food service establishments.

Food Service Establishments 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 the International Plumbing Code or other applicable ordinances adopted by the Regulatory Authority. Grease traps/interceptors shall be installed and inspected prior to issuance of a certificate of occupancy.

Existing food service establishments.

Existing grease traps/interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance with §§ 4.911 and 4.912, unless specified in writing and approved by the Regulatory Authority.

All grease trap/interceptor waste shall be properly disposed of at a Food Service Establishment in accordance with federal, state, or local regulation.

Cleaning and maintenance.

Grease traps and grease interceptors shall be maintained in an efficient operating condition at all times.

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 Section 312.143.

Self-cleaning.

Grease trap self-cleaning operators must receive approval from the Regulatory Authority annually prior to removing grease from their own grease trap(s) located inside a building, provided:

The grease trap is no more than fifty (50) gallons in liquid/operating capacity;

Proper on-site material disposal methods are implemented (e.g., absorb liquids into solid form and dispose into trash);

The material disposal methods are authorized by the Regulatory Authority;

Grease trap waste is placed in a leak proof, sealable container(s) located on the premises and in an area for the transporter to pump-out; and

Detailed records on these activities are maintained.

Grease trap self-cleaning operators must submit a completed self-cleaning request to the Regulatory Authority for approval. The written request shall include the following information:

Business name and street address;

Grease trap/interceptor operator name, title, and phone number;

Description of maintenance frequency, method of disposal, method of cleaning and size (in gallons) of the grease trap/interceptor; and

Signed statement that the operator will maintain records of waste disposal and produce them for compliance inspections.

(5)

Self-cleaners must adhere to all the requirements, procedures, and detailed record keeping outlined in their approved application, to ensure compliance with §§ 4.911 and 4.912. A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the following information:

Date the grease trap/interceptor was serviced;

Name of the person or company servicing the grease trap/interceptor;

Waste disposal method used;

Gallons of grease removed and disposed of;

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.

(6)

Violations incurred by grease trap self-cleaners will be subject to enforcement action including fines and/or removal from the self-cleaner program.

(7)

Cleaning schedules.

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.

Grease traps and grease interceptors subject to these standards shall be completely evacuated a minimum of every ninety (90) days, or more frequently when: 25% 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; or the discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels established by the Regulatory Authority; or if there is a history of non-compliance.

Any person who owns or operates a grease trap/interceptor may submit to the Regulatory Authority a request in writing for an exception to the ninety (90) day pumping frequency of their grease trap/interceptor. The Regulatory Authority may grant an extension for required cleaning frequency on a case-by-case basis when: 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 Regulatory Authority, or less than 25% 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. In any event, a grease trap and grease interceptor shall be fully evacuated, cleaned, and inspected at least once every 180 days.

(8)

Manifest requirements.

Each pump-out of a grease trap or interceptor must be accompanied by a manifest to be used for record keeping purposes.

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:

(i)

Name, address, telephone, and commission registration number of transporter;

(ii)

Name, signature, address, and phone number of the person who generated the waste and the date collected;

(iii)

Type and amount(s) of waste collected or transported;

(iv)

Name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste;

(v)

Date and place where the waste was deposited;

(vi)

Identification (permit or site registration number, location, and operator) of the facility where the waste was deposited;

(vii)

Name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received;

(viii)

The volume of the grease waste received; and

(ix)

A consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported.

Manifests shall be divided into five parts and records shall be maintained as required herein:

(i)

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.

(ii)

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.

(iii)

One part of the manifest shall go to the receiving facility.

(iv)

One part shall go to the transporter, who shall retain a copy of all manifests showing the collection and disposition of waste.

(v)

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.

(vi)

One part of the manifest shall go to the Regulatory Authority.

(vii)

Copies of manifests returned to the waste generator shall be retained for five years and be readily available for review by the Regulatory Authority.

(9)

Alternative treatment.

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.

It is an affirmative defense to an enforcement of § 4.912(b)(9)(A) that the use of surfactants or soaps is incidental to normal kitchen hygiene operations.

Bioremediation media may be used with the Regulatory Authority's approval if the person has proved to the satisfaction of the Regulatory Authority that laboratory testing which is appropriate for the type of grease trap to be used has verified that:

(i)

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);

(ii)

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;

(iii)

The use of the bioremediation media does not cause foaming in the sanitary sewer; and

(iv)

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).

(10)

All testing designed to satisfy the criteria set forth in § 4.912(b)(9) 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 Regulatory Authority, and shall meet the Regulatory Authority's approval.

(c)

Schedule of civil penalties.

If the Regulatory Authority determines that a generator is responsible for a blockage of a collection system line the generator shall owe a civil penalty of $1,000 for the first violation, $1,500 for a second violation, and $2,000 for the third violation within a two-year period. Continuous violations shall result in an increase in penalty by $500 and may also result in termination of services.