[Adopted by the Common Council of the City of Middletown 7-2-2007 by Ord. No. 13-07. Amendments noted where applicable.]
Building construction — See Ch. 120.
Food and food products — See Ch. 166.
Hazardous waste — See Ch. 171.
Housing standards — See Ch. 178.
Licenses and fees — See Ch. 188.
Planning and zoning — See Ch. 223.
Property maintenance — See Ch. 228.
Sewage disposal systems — See Ch. 245.
Solid waste — See Ch. 253.
Stormwater management — See Ch. 258.
Water — See Ch. 292.
This is a chapter pertaining to the use of public and private sewers and drains, the installation and connections of building sewers, and the discharge of waters and wastes into the public sewer system within the City of Middletown.
It shall be unlawful for any person to dispose of or permit to be disposed in any unsanitary manner on public or private property within the City of Middletown, or in any area under the jurisdiction of said City of Middletown, any human or animal excrement, garbage, or objectionable waste.
It shall be unlawful to discharge to any natural outlet within the City of Middletown, or in any area under the jurisdiction of said City of Middletown, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- BOD (DENOTING "BIOCHEMICAL OXYGEN DEMAND")
- The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20º C. expressed in milligrams per liter.
- BUILDING DRAIN
- That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (l.5 meters) outside the inner face of the building wall.
- BUILDING SEWER (ALSO KNOWN AS "LATERAL")
- Where the context so indicates or implies, a pipe connecting a main sewer with a building, house, yard, or other property, for the purpose of conveying sewage of any kind from said property to a main sewer.
- COOLING WATER
- Includes the clean wastewater from air conditioning, industrial cooling, condensing, and similar apparatus from hydraulically powered equipment.
- The Director of the Water and Sewer Department, or his duly authorized representative.
- DRAIN LAYER or LICENSED DRAIN LAYER
- Either an individual, partnership or corporation to whom the State of Connecticut shall have issued a license to install and repair sewers, sewer connections, and house connections during the period when such license is valid, and the proper agents and representatives of such drain layer.
- The Sewer Authority Engineer, or his duly authorized representative.
- Fats, oils and grease.
- Solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
- INDUSTRIAL WASTES
- Includes the liquid or water carried wastes of any industrial process not clearly included within the definitions of "sanitary sewage," "stormwater," "cooling water" or "subsoil drainage" herein.
- NATURAL OUTLET
- Any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.
- Includes any individual person, party or group of persons associated together in any way, or any corporation or organization.
- The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
- PROPERLY SHREDDED GARBAGE
- The wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.97 centimeters) in any dimension.
- PROPERTY OWNER or OWNER OF PROPERTY or OWNER
- The owner of the property shall be the individual, individuals, or company as listed on the Middletown land records at the time in question.
- PRIVATE SEWER
- A sewer in which a private entity controls the sewer. These private entities include but are not limited to condo associations, private subdivisions or community property.
- PUBLIC SEWER
- A sewer in which all owners of abutting properties have equal rights, and is controlled by the City of Middletown.
- RESIDENTIAL DWELLING UNIT
- A room or suite of two or more rooms designed for use by one family for living and sleeping purposes having one kitchen or kitchenette.
- RESIDENTIAL LOT
- A quantity of land which conforms to the zoning regulations or is a nonconforming lot under the zoning regulations so that it may be used for residential construction.
- SANITARY SEWAGE
- The common wastewater and water-carried wastes from human dwellings and from toilet and lavatory fixtures, kitchens, laundries and similar facilities of business and industrial buildings.
- SANITARY SEWER
- A sewer intended to convey only sanitary sewage, or, if so stipulated with respect to the particular sewer, sanitary sewage plus industrial or other wastes. In general, sanitary sewers are not be intended to convey stormwater.
- SEEPAGE or SUBSOIL DRAINAGE
- Includes water from the soil percolating into subsoil drains and through foundation walls, basement floors or underground pipes or from similar sources.
- Wastewater, water-carried wastes or a combination of them, discharged into and conveyed by sewers.
- SEWAGE WORKS
- All facilities for collecting, pumping, treating and disposing of sewage.
- Includes the main pipe or conduit, manholes and other structures and equipment appurtenant thereto, provided to carry sewage, industrial wastes, stormwater, cooling water or similar wastes, subject, in each particular case, to the purposes and limitations imposed upon the particular pipe or conduit or sewer.
- SEWER AUTHORITY
- The Water Pollution Control Authority of the City of Middletown.
- Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantify of flow exceeds for any period of duration longer than 15 minutes more than five times the average twenty-four-hour concentration or flows during normal operation.
- Includes the runoff or discharge of rain and melted snow or other clean water from roofs, surfaces of public or private lands or elsewhere.
- SUSPENDED SOLIDS
- Solids that either float on the surface of, or are in suspension in, water, sewage or other liquids, and which are removable by laboratory filtering.
- A channel in which a flow of water occurs, either continuously or intermittently.
Shall is mandatory; may is permissive.
No unauthorized person shall uncover, make any connections with or opening into, discharge any waste into, alter or disturb any City sewer or appurtenance thereof without first obtaining a written permit from the Sewer Authority. A penalty will be levied if work is started prior to obtaining such permits.
Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Sewer Authority at least 45 days prior to the proposed change or connection.
There shall be two classes of building sewer permits: for residential and commercial service and for service to establishments producing industrial wastes. In either case, the owner or his agent shall apply on a special application furnished by the Sewer Department. The permit application shall be supplemented by any plans, specifications, approvals, and any other information considered pertinent in the judgment of the Engineer. A permit and inspection fee in any amount specified by the Sewer Department shall be paid at the time the application is filed.
Old building sewers may be used in connection with new buildings only when they have been determined by examination by the Director or his authorized representative and tested at the owner's expense to meet all the requirements of this chapter.
All costs and expense incidental to the installation and connection of the building sewer shall be borne by the property owner including indemnifying the City of Middletown for any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. In such case, the Sewer Authority may, at its option, require the connecting sewer be constructed to City of Middletown standards for a sanitary sewer complete with access rights-of-way. In such case, at the Sewer Authority's discretion, the Sewer Authority may take over and maintain the completed sewer.
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall all conform to the requirements of Building and Plumbing Codes (see Ch. 120, Building Construction) in effect in the State of Connecticut, City of Middletown, and to applicable rules and regulations of the City of Middletown Sewer Authority.
The following construction practices and materials shall be used to install building sewer connections:
Before starting any work, in or upon any building where a sanitary sewer has been constructed, a permit must be obtained from the Sewer Authority. Work must be done by a licensed drain layer, licensed by the State of Connecticut. The licensee must appear before the department with the original license to obtain the necessary permits.
The building sewer connection must be minimum six-inch glazed tile, asbestos cement or PVC plastic sewer pipe carried to within five feet (1.5 meters) of the cellar wall; from this point five feet (1.5 meters) of four-inch (10.16 cm) extra-heavy soil pipe is to be used through cellar wall. The pipe must have a true grade no less than 2% and maximum of 10%. All joints to be made with braided jute and compound, or suitable rubber gasket or O-ring.
Connection of the building sewer to the main sewer line should be made to existing wyes wherever possible. Where a wye does not exist, the main sewer line shall be cut and a wye inserted with suitable leak proof connections. The building sewer to wye connection shall be made water- and gastight and proved by a pipe test.
All cleanouts must be carried above the cellar floor to prevent surface water from entering the sewer. No surface water shall be allowed to enter the sewer. All work in connection with the main house drain must be done by a licensed plumber and in accordance with local, state, and national Building and Plumbing Codes.
Whenever possible, the building sewer shall be a gravity sewer. When not, then sewage shall be transferred by a means approved by the Sewer Authority.
No person shall make connections of roof downspouts, exterior foundation drains, areaway drains, yard drains or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a City of Middletown sanitary sewer.
The applicant for the building sewer permit shall notify the Sewer Authority when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the Director or his representative.
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City of Middletown.
All six-inch diameter (15.24 cm) building sewers shall be leakage tested and demonstrated to have a maximum infiltration amount not to exceed 0.22 gallon per foot of pipe per 24 hours.
All existing houses that wish to be connected to the sanitary sewer must submit a plan prepared by either licensed professional engineer or the licensed drain layer.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
Stormwater, industrial cooling water, and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the City of Middletown.
No person shall discharge or cause to be discharged any of the following described waters or wastes to any City of Middletown sewers:
Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
Any waters or wastes containing toxic or poisonous solids, liquids, or gases, in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create any hazard in the receiving waters of the sewage treatment plant.
Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works, such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.
No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes, if it appears likely in the opinion of the Director that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinions as to the acceptability of these wastes, the Director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. In all instances wastes prohibited from the sewer by the State Department of Environmental Protection or the City of Middletown Sewer Authority shall be prohibited. Some substances prohibited are:
Any liquid or vapor having a temperature higher than 150º F. (65º C.).
Any water or waste containing 25 mg/l petroleum oil nonbiodegradable cutting oil, or product of mineral oil origin, wastewaters from industrial plants or which contain floatable oils, fats or grease substances which may solidify or become viscous at temperatures between 32º and 100º F. (0º and 65º C.).
Any garbage that has not been properly shredded.
Any waters or wastes containing dissolved or suspended metals, including but not limited to chrome, cyanide, copper, iron, nickel, zinc and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree as may be established by the State Department of Environmental Protection or the City of Middletown.
Any waters or wastes containing phenols or other taste- or odor-producing substances, in such concentrations exceeding limits which may be established by the City of Middletown as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal and other public agencies of jurisdiction for such discharge to the receiving waters.
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the applicable state or federal regulations.
Any waters or wastes having a pH in excess of 9.5.
Materials which exert or cause:
Unusual concentrations of inert suspended solids (such as, but not limited to, fullers earth, lime slurries, and lime residues or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of the State of Connecticut Department of Environmental Protection.
Any water or waste which by interaction with other water or waste in the public sewer releases obnoxious odors, forms suspended solids which interfere with the collection system, or creates a condition deleterious to structures or treatment processes.
Any water or waste that contains FOG's at concentration higher than acceptable by the state.
Options of Sewer Authority for handling deleterious wastes.
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection D of this section, and which in the judgment of the Director may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which likewise create a hazard to life or constitute a public nuisance, the Sewer Authority may:
If the Sewer Authority permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment for such pretreatment and equalization shall be subject to the review and approval of the State Department of Environmental Protection, and subject to the requirements of all applicable municipal, state and federal codes, ordinances, and laws.
Grease, oil and sand interceptors shall be provided and maintained when, in the opinion of the Director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts, or any flammable wastes, sand, or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Sewer Authority, and shall be located as to be readily and easily accessible for cleaning and inspection. In addition all food processing establishments must meet the requirement of the general permit.
Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense, and shall be subject to inspection and monitoring as defined in Subsections H and I of this section.
When required by the Sewer Authority the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be constructed in accordance with plans approved by the Director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.
The Director may require the user to provide information needed to determine compliance with this chapter:
Peak flow rate.
Information on processes and products affecting wastewater character.
Quantities and disposal methods of specific liquids, sludges, oils, solvents, or other materials important to sewer use control.
A plot plan of users' sewers, with sewer and pretreatment facility locations.
Details of wastewater pretreatment facilities.
Details of systems to prevent and control spills to the sewer of unauthorized wastes.
All measurements, tests, and analyses of the characteristics of waters, and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided, or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four-hour composite of all outfalls of premises is appropriate, or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four-hour composites of all outfalls, whereas pH's are determined from periodic grab samples. All industries discharging into a public sewer shall perform such monitoring of their discharge as the Sewer Authority and/or other duly authorized employees of the City may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Sewer Authority. Such records shall be made available upon request by the Sewer Authority to other agencies having jurisdiction over discharges to the receiving waters.
No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the City of Middletown and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the City for treatment, subject to payment therefor, by the industrial concern, provided that such agreements do not contravene any requirements of existing federal laws and are compatible with any user charge and industrial cost recovery system in effect.
Prior to discharge or permission to discharge into the City of Middletown sewers, the applicant industry must obtain written approval from the State of Connecticut Department of Environmental Protection, in the form of a permit, allowing the proposed discharge and must, if required by the DEP, install suitable pretreatment facilities and operate and maintain such facilities in a manner which will insure a continuous and satisfactory effluent. Details of any proposed pretreatment facilities must be submitted to the Sewer Authority for review and approval prior to construction.
Any new discharge from a single source of domestic wastewater in excess of 5,000 gallons per day, or cooling waters, must be authorized by a permit from the State of Connecticut Department of Environmental Protection, Director of Water Compliance and Hazardous Substances.
The Director, his authorized representative, and other agents of the City of Middletown bearing proper credentials must be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this chapter. The Director or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. While performing the necessary work on private properties referred to in this section, the Director or duly authorized employees of the City of Middletown shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in § 248-4.
The Director and other duly authorized employees of the City of Middletown bearing proper credentials and identification shall be permitted to enter all private properties through which the City holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
The Director and other duly authorized employees of the City of Middletown Water Pollution Control Authority shall have the authority to issue a cease-and-desist order for construction activities if the work is being performed without a permit.
The owner and person in control of each property connected to the City sanitary sewer system shall indemnify, hold harmless and defend the City from and against any and all claims, loss, damage, cost, expense and liability which the City may suffer or for which the City may be held liable by reason of injury (including death) to any person or damage to any property arising out of or in any manner related to the use of or the connection of said property to the City sanitary sewer system, including but not limited to, reasonable sums for attorneys' fees, and any damage to the City sanitary sewer system on account of deposit or discharge into any portion of the City sanitary sewer system from the owner's property of anything in violation of any statute, regulation, ordinance, bylaw, resolution or order of any federal, state, city or other governmental authority having jurisdiction.
The following charges for connection to the City sanitary sewer system as adopted by the Water Pollution Control Authority are consented to and established.
Charges for residential properties; properties affected. These charges shall apply to all properties located within the City of Middletown used or to be used for residential purposes which have available to them a sanitary sewer main to which connection may be made.
Residential; nonapplicant installed sanitary sewer main. The following charges shall be paid to the City at the time application is made for connection when the sanitary sewer main was not installed by the applicant:
Lateral charge: $750.
Residential; applicant installed sanitary sewer main. The following charges shall be paid to the City at the time application is made for connection to the City sanitary sewer system when the sanitary sewer main was installed by the applicant:
Installment payment plan.
At the option of the owner, at the time application is made for connection to the City sanitary sewer system, the connection charges may be paid in installments over a period of five years, with the first installment due at the time application for connection is made. The remaining four installments shall be due annually thereafter with interest at the rate of 8% on the unpaid balance.
Any installment may be paid at any time prior to its due date and no interest shall be charged for any installment beyond the date of payment. If the owner elects installment payment, the owner, at the time of application, shall execute a lien in favor of the City securing the unpaid balance, which lien shall be recorded in the Middletown land records. Upon payment in full the lien shall be released by the City. Delinquent payments shall be subject to interest from the due date at the interest and in the manner provided by the General Statutes for delinquent property taxes. Each such lien shall take precedence over all other liens and encumbrances except taxes and may be foreclosed in the same manner as a lien for property taxes.
Repeal of prior residential charges. These charges shall apply to all applications for connection of residential properties to the sanitary sewer system made after July 1, 2006. All prior charges for connecting residential properties to the sanitary sewer system are repealed effective July 1, 2006.
Charges for nonresidential properties; properties affected. These charges shall apply to all properties located within the City of Middletown used or to be used for nonresidential purposes which have available to them a sanitary sewer main to which connection may be made.
Nonresidential; nonapplicant installed sanitary sewer main. The following charges shall be paid to the City for each connection at the time application is made for connection to the City's sanitary sewer system when the sanitary sewer main was not installed by the applicant:
Nonresidential unit charge based on meter size ratio.
Nonresidential lot charges.
A nonresidential lot charge computed by multiplying $1,000 by a lot charge equivalent. Lot charge equivalents are defined below. The smaller lot charge equivalent shall govern, except that the lot charge equivalent shall not be less than two and excluding multistoried construction.
Lot charge equivalents.
Method A. Lot charge equivalent equals gross lot area in square feet divided by 21,780.
Method B. Lot charge equivalent equals gross structure (main and accessory buildings) lot coverage in square feet divided by 5,445. [Note: If lot charge equivalent B is used, an additional charge shall be made if the property is later developed to increase the lot coverage.]
Multistoried buildings shall be computed based on total building area only.
Sanitary sewer lateral charge: $750 where applicable.
Nonresidential; applicant installed sanitary sewer main. The following charges shall be paid to the City for each connection at the time application is made for connection to the City sanitary sewer system where the sanitary sewer main was installed by the applicant:
Repeal of prior nonresidential charges. These charges shall apply to all applications for connection of nonresidential properties to the sanitary sewer system made after July 1, 2006. All prior charges for connecting nonresidential properties to the sanitary sewer system are repealed effective July 1, 2006.
Inspection only fee: $100.
Unauthorized connection or repairs: $300 and possible suspension of privilege to work in the City of Middletown for 90 calendar days.
Overtime inspection. The fee for inspection during nonworking hours will be charged to the contractor at the rate of $50 per hour. Minimum four hours on weekend.
Reinspection fee for punch list items or bond release or final approval: $100 for each inspection after two visits.
If there is a change of use and the new use requires payment of higher charges than the previous use, the charge for the new use shall be reduced by the amount already paid for the property for connection of the previous use. If there is a change in use and the new use requires a lesser charge than was paid for the previous use, no refund will be made by the City.
The Water Pollution Control Authority shall resolve any dispute as to the amount of charges to be paid for connection of any property to the sanitary sewer system based on the foregoing provisions.
Purpose and policy. This section sets forth uniform requirements for food service establishments (FSEs) that discharge wastewater to the City of Middletown sanitary sewer system. The objectives of this section are:
To be in compliance with Connecticut Department of Environmental Protection General Permit for the discharge of Wastewater Associated with Food Preparation Establishments for all Class III and Class IV Food Service Establishments;
To prevent the excessive introduction of fats, oils and grease (FOG) into the sanitary sewer system and the wastewater treatment plant;
To prevent the accumulation of grease within the sewer system which can lead to sanitary sewer pipe blockages and subsequent backups and sanitary sewer overflows (SSO);
To reduce the costs of maintaining the sanitary sewer system by preventing the accumulation of grease and residue within the sewage system lines and ensure that the cost of maintaining the public sewer system is equitably distributed amongst users;
To clarify grease disposal requirements for FSEs; and
To protect public health and safety from pollution caused by SSO.
Administration. Except as otherwise provided herein, the Pretreatment Coordinator or designated representative shall administer, implement, and enforce the provisions of this section. The provisions of the general permit will govern unless otherwise specified in this section.
Unless the context specifically indicates otherwise, the following definitions represent the meanings of terms as they are used in this section:
- (AUTOMATIC GREASE RECOVERY UNIT) (AGRU)
- An interior grease interceptor that separates grease from the wastewater by active mechanical or electrical means. This device must be sized by the manufacturer or authorized representative.
- BEST MANAGEMENT PRACTICES (BMPS)
- A schedule of activities, prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sanitary sewer system.
- FATS, OILS, AND GREASE (FOG)
- Any substance, such as vegetable, animal or other product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or may solidify with a change in temperature or other conditions. Grease may originate from, but not limited to, discharges from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor drains located in areas where grease-containing materials may exist.
- FOOD SERVICE ESTABLISHMENT (FSE)
- Food service facility licensed by the City of Middletown that prepares and/or provides food for consumption. They include but are not limited to: restaurants, hotel kitchens, hospitals, school kitchens, factory kitchens, cafeterias and/or clubs.
- FOOD SERVICE ESTABLISHMENT CLASS III
- As per Department of Public Health (19-13-B42), prepares potentially hazardous food by heat processing and serves it within four hours.
- FOOD SERVICE ESTABLISHMENT CLASS IV
- As per Department of Public Health (19-13-B42), prepares potentially hazardous food by heat processing and held for more than four hours before being consumed.
- FOOD WASTE DISPOSAL UNIT
- A device that shreds or grinds up solid or semisolid waste material into smaller portions for disposing it in the sanitary sewer. These devices are also referred to as "grinders," "garbage grinders" and "garbage disposals."
- FOG PROBLEM AREA
- Any area that the Pretreatment Coordinator has designated as a problem area.
- GENERAL PERMIT
- The general permit issued by the Connecticut Department of Environmental Protection under the title General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments.
- GREASE INTERCEPTOR
- A vault that is located on the exterior of the building, which has a minimum of two compartments and acts as a passive system. The capacity of the interceptor must provide adequate residence time so that the wastewater has time to cool, allowing grease to congeal and rise to the surface where it accumulates until the interceptor is cleaned. This type of unit must be designed by a professional engineer license to practice in the state of Connecticut.
- GREASE INTERCEPTOR WASTE
- Any grease, food particles, organic or inorganic solid or semisolid waste collected and intercepted by a grease interceptor usually in layers of floatable, suspended and settleable substances, which are ultimately removed for proper disposal.
- GREASE-REMOVAL DEVICE
- An interceptor, trap or other mechanical device designed, constructed, and intended to remove, hold, or otherwise prevent the passage of grease to the sanitary sewer.
- GREASE TRAP
- A grease-removal device located in the facility. It is smaller than a grease interceptor and is required to have an approved design.
- PRETREATMENT COORDINATOR
- The Pretreatment Coordinator shall be the Director of Water and Sewer or a designated representative.
- SANITARY SEWER OVERFLOW (SSO)
- Any unplanned discharge from the sanitary sewer system.
- TWENTY-FIVE PERCENT RULE
- A requirement of when grease interceptors shall be fully pumped out and cleaned. This rule requires that when the combined FOG (including floating solids) and the settled solids accumulation reaches 25% of the total designed hydraulic depth of the grease interceptor, the grease interceptors shall be fully pumped out and cleaned. This requirement will help to ensure that the minimum hydraulic detention time and the required available hydraulic volume are maintained to effectively intercept and retain FOG in the interceptor.
Facilities required to provide pretreatment. Class III and IV FSEs shall install grease-removal devices to prevent the discharge of FOG to the building drainage system and the public sanitary sewer system. Grease interceptors shall be installed to receive all the discharge from plumbing fixtures and equipment with grease-laden wastewater located in FSEs. Grease interceptors are not required for residential users.
New food service establishments. All new Class III and IV FSEs shall install grease-removal devices in accordance with the Plumbing and Building Codes. All classes of FSEs are required to submit the drainage plumbing plans to the Pretreatment Coordinator or designee for approval prior to obtaining a building permit. Failure to construct in accordance with approved plans is a violation of this section. New facilities that are required to maintain a grease interceptor by this or other applicable ordinances, shall install such a unit prior to commencement of discharge to the sanitary sewer.
Existing users. All existing Class III and Class IV food preparation establishments in existence prior to September 30, 2005, discharging to the sanitary sewer must comply by July 1, 2010. However, earlier compliance is required if any of the following three conditions apply:
Change in ownership facility must comply within 60 days of transfer.
Renovation of the facility exceeding $20,000 at a time or $40,000 cumulative renovations prior to 2010 must comply with these requirements prior to completion of the renovations.
Problem areas of the sanitary sewer system designated by the Water Pollution Control Authority may require immediate compliance if so directed.
Best management practices. To minimize the discharge of FOG into the sanitary sewer system, the following best management practices shall be implemented by all class III and IV FSEs. These are a minimum and additional BMPs should also be implemented. This includes kitchen practices and employees training that are essential in minimizing FOG discharges:
Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas. This includes kitchen sinks, floor drains and mop sinks.
Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles. Such recycling receptacles shall be maintained to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.
Disposal of food waste. Food wastes shall be disposed of directly into the trash or garbage, and not in the drain.
Employee training shall be provided as part of the normal orientation process and annually thereafter including, at a minimum, the following subjects.
How to dry wipe pots, pans, dishware and work areas before washing to remove grease.
How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.
The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped. All FSEs are responsible to safely install materials to meet this requirement.
How to properly dispose of grease or oils from cooking equipment into a grease receptacle without spilling.
Records of the training shall be kept for five years and to the Department if requested.
Kitchen signage. FOG control practices shall be posted in food preparation and dishwashing areas at all times.
Grease-removal devices. All FSEs shall maintain their grease-removal devices in accordance with this section.
Grease trap sizing criteria.
Passive grease-removal devices shall be sized according to fixture volume to allow for proper FOG removal by a professional engineer. The volume of the fixtures connected to the grease-removal device can not exceed two and one half times the flow rate in gallons per minute of the removal device. At a minimum, the grease trap must have a capacity of 1,000 gallons or the twenty-four-hour maximum flow, whichever is greater.
Automatic grease recovery unit (AGRU) should be sized by the manufacturer's representative or engineer. Prior to installation of any grease-removal devices, design criteria signed by manufacturer's representative should be submitted for Water and Sewer Department review and approval.
Grease removal system maintenance. The owner or lessee of every FSE required to install and use a grease-removal device shall, at its own expense, inspect, clean, and maintain the grease-removal device in efficient operating condition at all times.
Facilities with grease interceptors.
Unless otherwise specified by the Pretreatment Coordinator, each interceptor in active use shall be cleaned at least once every three months or when the total accumulation of surface FOG (including floating solids) and settled solids reaches 25% of the grease interceptor's overall liquid depth (25 Percent Rule), whichever comes first. The Pretreatment Coordinator may specify cleaning more frequently when quarterly pumping is shown to be inadequate. The Pretreatment Coordinator may change the required maintenance frequency to reflect changes in actual operating conditions. Any food service establishment desiring a schedule less frequent than quarterly shall submit a request to the Pretreatment Coordinator along with the maintenance records for the last four interceptor cleanings, including measurements of the thickness of the floating FOG and bottom solids layer, and volume removed.
A reduction in cleaning frequency may be granted by the Pretreatment Coordinator when it has been determined that the FOG interceptor has adequate detention time for FOG removal. The cleaning frequency will depend on variables such as:
FSEs shall require the liquid waste hauler, transporter, or any other person cleaning or servicing an interceptor to completely evacuate all contents, including floating materials, wastewater, bottom solids, and grease during servicing. Skimming the surface layer of waste material, partial cleaning of the interceptor or use of any method that does not remove the entire contents of the collection device is prohibited. The suction of the floating materials shall be done prior to removal of other contents. After complete evacuation, the walls, top, and bottom of the interceptor shall then be thoroughly cleaned and the residue removed. Upon completion of the servicing, the FSE manager or his/her designated representative shall inspect the interior of the interceptor and then document this servicing in the facility's grease-removal device maintenance log. In the event that the interceptor is larger than the capacity of the vacuum truck, it shall be completely evacuated within a twenty-four-hour period. The discharge of liquid, semisolids, or solids back into an interceptor during and/or after servicing is prohibited. Decanting or discharging of any grease-removal device wastes back into the grease-removal device, any private sewer, any sewage drainage piping, any storm sewer system or any other grease-removal device is prohibited.
Facilities with grease-removal devices including AGRUs, other than grease traps or grease interceptors must follow the manufacturer's recommendations for operation and maintenance.
Bacteria, enzymes and other chemical additives. The introduction of bacteria, emulsifiers, deemulsifiers, surface active agents, degreasers, or enzymes either directly or indirectly into a grease trap or grease interceptor, other than in typical business operation practices such as dishwashing or sanitation, is strictly prohibited.
Interceptor construction requirements. Grease interceptors shall be constructed in accordance with the Plumbing and Building Codes. There shall be a minimum of one manhole per 10 feet of interceptor length to provide access for cleaning. Manhole covers shall be gastight in construction and have a minimum opening dimension of 24 inches. Concrete covers are not acceptable. In areas where traffic may exist, the interceptor shall be designed for the appropriate traffic load. The access manholes shall extend at least to finished grade and be designed and maintained to prevent surface water and groundwater from entering the grease interceptor.
Grease trap construction requirements. When grease traps are required instead of an outside grease interceptor, they shall be installed on waste lines leading from kitchen floor drains, mop sinks, food preparation and washing sinks, and other fixtures or equipment where grease may be introduced into the sewer system. FSEs that have grease traps or that are required to install them, are subject to the requirements below:
The grease trap may be set on the floor or partially or fully recessed in the floor to suit piping and structural conditions. Baffle systems and all other internal pieces shall be removable to facilitate cleaning and replacement, but must be in place at all other times.
There shall be sufficient clearance for the removal of the trap cover for cleaning. The trap shall be equipped with a flow control fitting. A suitable flow control fitting shall be installed ahead of each trap in the waste line beyond the fixture and as close as possible to the underside of the lowest fixture. When wastes of two or more sinks or fixtures are combined for use by one grease trap, a single flow control fitting shall be used. All grease traps shall have a vented waste line to retain water and prevent siphoning.
Abandoned grease interceptors. An FSE that abandons a grease-removal device shall have them removed or abandoned in place according to the public health code. The FSE will coordinate with the Building and or Health Departments for scheduling inspection.
Recordkeeping and inspections.
Each FSE shall maintain a grease-removal device maintenance log. The log shall include the dates of service, who performed the service and the disposal method. A record of maintenance, repairs, and a log of pumping and waste hauling of contents shall be maintained and provided to the Pretreatment Coordinator annually by February 15 of the following year. Written records of the training must be maintained on site for a minimum of five years and provided to the Sewer Department if requested.
All FSEs will be inspected periodically by the City. FSEs shall allow the City ready access at all reasonable times for the inspection of grease-removal devices and all pertinent maintenance records for the grease-removal devices.
Upon the showing of proper credentials, the Pretreatment Coordinator shall have the authority to enter an FSE's premises for scheduled or unscheduled inspections. Failure of the Pretreatment Coordinator to make prior arrangements for an inspection shall not be considered a legitimate reason to refuse admittance. An FSE must keep records associated with waste cooking oil collection and disposal, interceptor hauling and maintenance records on site for a minimum of three years and must be available for inspection by the Pretreatment Coordinator during normal business hours. A separate maintenance log shall be maintained for each grease-removal device. Grease-removal device maintenance logs shall include at a minimum the following information:
Identification of the grease-removal device.
The date that maintenance occurred.
The volume of grease removed in gallons.
The thickness of the bottom solids and floating grease layer in inches that is removed.
The name of company and person(s) performing the maintenance including a copy of the receipt for the service.
The waste removed from the grease-removal device must be disposed of in accordance with federal, state and/or local laws.
Reporting. When the Pretreatment Coordinator has determined that an FSE must provide written reports, these reports shall be submitted in accordance with the requirements of the Pretreatment Coordinator. Written reports required by this section will be deemed submitted upon actual receipt by the Pretreatment Coordinator.
Severability. In the event that any provision of this section is held to be invalid, illegal, unconstitutional or unenforceable under the laws of the State of Connecticut or the United States of America, such defect shall not affect the validity of the remaining provisions of this section which can be given effect without the defective provision or of this section as a whole. To this end, the provisions of this section are declared severable.
FOG problem area. FSE within this area will be directed to comply with this regulation within 90 days of being notified by the Department. Additionally, any costs associated with the remediation of the sanitary sewer system and any insurance claims against the City of Middletown shall be forwarded to the FSE's in this problem area for reimbursement.
Enforcement. In the event that an FSE fails to install or maintain an approved grease removal device as required in this chapter, the FSE shall be given a ten-day notice to install or perform the maintenance required by this chapter on the grease removal device. If, after the ten-day notice, the grease removal device is not installed or serviced, the City may order the shutdown of sanitary sewer service to the FSE, leading to the possible closure of the establishment, a fine of $99 for each and every month not in compliance, and right to pursue reimbursement for maintenance or cleanup. The shutdown procedure will follow the requirements of DPUC regulations, § 16-3-100 et seq., for termination of water service.
[Amended 6-6-2011 by Ord. No. 08-11]
Permits. All Class III and Class IV restaurants must obtain a FOG permit. FOG permits are nontransferable.
[Amended 6-6-2011 by Ord. No. 08-11]
Administrative fees. An annual fee of $120 shall be charged to obtain the FOG permit from the Water and Sanitary Sewer Department. The fee will be charged on a monthly basis with the regular water and sewer bill. However, if the food service establishment's grease-removal device is not in compliance with this section, a $240 fine will be charged with possible closure of the FSE until compliance is achieved.