8.1. SR 05-05-2014 City of
Elk Request for Action
River
To Item Number
Mayor and City Council 8.1
Agenda Section Meeting Date Prepared by
General Business May 5, 2014 Suzanne Fischer,Director, CODD
Item Description Reviewed by
Ordinance: Sewers and Sewerage Disposal Peter Beck, City Attorney
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion,the attached ordinance regarding discharge requirements for the city's wastewater
collection system.
Background/Discussion
Wastewater discharges containing high concentrations of fats, oils, and grease (FOG) from food service
establishments contribute to blockages or overflows in the city's wastewater collection system. Staff
recently encountered a complete blockage at a local restaurant and identified potential disposal concerns
at other establishments. To effectively address the issue, the city is developing a FOG Control Program.
The program will establish uniform permitting, maintenance, and monitoring requirements for
controlling the discharge of fats, oil, and grease from food service facilities discharging into the city's
wastewater collection system.
Replacing Section 78-156 of Subdivision III,Discharge Requirements,will place the city in compliance
with the MS4 Stormwater Permit as it applies to all Food Service Establishments (FSEs) and Food
Manufacturers/Processors (FM/PPs) within the city limits and urban service area of the City of Elk
River.
The amended ordinance includes management guidelines of the federal rule and the Minnesota Pollution
Control Agency's (MPCA) requirements for disposal of fats, oils,grease, and other solids into the sanitary
sewer system. FSEs and FM/Ps will be in compliance with the National Pretreatment Program,
published in 40 CFR Part 403 and the Federal mandates of the Clean Water Act (CWA) of 1972 if these
guidelines are followed.
Financial Impact
None
Attachments
■ Draft FOG Ordinance
P a w E A E U s r
NaA f RE]
Ordinance 14-
An Ordinance of the City of Elk River Providing for the Control of Fats, Oils and
Greases in the City Sanitary Sewer System
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 78-91 of the City of Elk River Code of Ordinances shall be amended to add
the following definitions:
BMP means Best Management Practices and includes methods, tools, and
techniques determined to be the most effective and practical means of preventing or
reducing pollution,including documentation of employee training, documentation of
grease interceptor/grease trap cleaning,removal and disposal of grease.
Fats, Oils, and Greases (FOG). Byproducts generated by the practice of cooking
or preparing food; also found in as salad dressings, sauces and marinades, and baking
oils and butter products.
FOG Enforcement Response Plan. The policy that contains detailed procedures
indicating how the City will investigate and respond to instances of noncompliance
with the FOG Control Policy.
Food service establishment (FSE). Any facility which prepares or serves food for
commercial sale or distribution to any members of the public.
Food Manufacturer/Processor (FM/P's) means those establishments using
methods and techniques to transform raw ingredients into food for human
consumption.
Grease means material composed primarily of fats, oil, and grease (FOG) from
animal or vegetable sources. The terms fats, oil, and, grease shall be deemed as
Grease by definition.
Grease Interceptor means grease retention units of the outdoor or underground
type with a 1,000-3,000 gallon capacity. FSE's requiring a larger than 3,000 gal
capacity interceptor shall plumb and install additional separate units.
Grease Trap means a device for separating and retaining waterborne greases and
grease complexes prior to the wastewater exiting the trap and entering the sanitary
sewer collection and treatment system.
Oil/Water separator means an approved and industry standard system that is
specifically designed and manufactured to separate oil from water.
Sanitary sewer overflow (SSO) is a condition whereby untreated sewage is being
transported via underground pipes overflows through a manhole, cleanout, or
broken pipe.
User means any person who discharges or causes or permits the discharge of
wastewater into the city's wastewater disposal system.
Section 2. That Section 78-93 of the City of Elk River Code of Ordinances shall be amended to
read as follows:
Sec. 78-93. Prohibition, penalty and liability for expense or damage caused by
violation.
(1) No person shall maliciously, willfully or negligently break, damage, destroy,
uncover, deface or tamper with any structure, appurtenance or equipment which is a
part of the wastewater facilities. Any person violating this provision shall be guilty of
a misdemeanor, shall be subject to immediate arrest and shall be liable to the city for
the cost of making necessary repairs occasioned by such violation.
(2) In addition to other penalties imposed for violation of this article, any person
violating any of the provisions of this division shall become liable to the city for any
expense,loss or damage occasioned by the city by reason of such violations.
Section 3. That Section 78-156 of the City of Elk River Code of Ordinances shall be repealed and
replaced with the following:
Sec. 78-156. Fats, Oils and Grease (FOG) Control.
(a) FOG Program Participation required.
(1) This Section 78-156 applies to all "Food Service Establishments" (FSE)
and "Food Manufacturer/Processors" (FM/P) discharging wastewater containing
fats, oils and grease to the City of Elk River Sanitary Sewer System including but
not limited to restaurants, grocery stores, meat markets, hotels, correctional
facilities, factory and office building cafeterias, public and private schools,
hospitals, multiple tenant housing, commercial day care centers, churches, and
catering services.
(2) As of the effective date of this ordinance and thereafter, no FSE or
FM/P shall discharge any substance of any kind into any portion of the City of
Elk River's wastewater system except in accordance with a Best Management
Practice (BMP) Program which has been approved by the City Wastewater
Treatment Plant Chief Operator in writing.
(3) The city shall, from time to time, establish by resolution the minimum
standards for the content of a BMP Program.
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(4) No FSE or FM/P shall discharge any substance of any kind into any
portion of the wastewater facility which is not in conformance with the BMP
Program for that FSE or FM/P.
(b) FOG prohibitions. The following prohibitions apply to all FSE or FM/Ps:
(1) Installation of food grinders in a plumbing or sewage system in any new
construction or renovation of a structure designed to house a FSE or FM/P;
(2) Discharge any wastewater containing FOG into a wastewater facility
except in compliance with the BMP Program for that facility;
(3) Introduction of any additives into the wastewater system for the purpose
of emulsifying FOG or biologically or chemically treating any substance
introduced into any wastewater facility for purpose of treatment or pretreatment
of wastewater, unless a specific written authorization by the Chief Operator is
obtained;
(4) Discharge of wastewater from dishwashers to any grease interceptor or
grease trap;
(5) Discharge of wastewater at temperatures in excess of 140°F to any
grease interceptor or grease trap;
(6) Operation of grease interceptors if the unit has accumulated waste, both
FOG and food solids, accounting for twenty-five (25) percent or more of its
wetted depth measured from the static water level to the interior tank bottom,
with FOG and solids accumulation, exceeding 25 percent of the total operating
depth of the grease interceptor; or
(7) Discharge of any FOG or any other solid materials removed from the
grease control device to the wastewater system.
(c) FOG interceptors installation requirements.
(1) Except as provided for in Section 78-156(1) below, any structure
designed for or intended to be used for an FSE or FM/P must have a grease
interceptor installed prior to discharging any wastewater into a wastewater system.
Such grease interceptor must comply with all conditions as set forth in the state
of Minnesota Administrative Code, Sec 4715.1115 Exterior Grease Interceptors;
(2) Property owners of new commercial construction structure designed to
house multiple tenants on a single parcel shall be responsible to install and
maintain a single grease interceptor to serve each individual tenant unless a
property owner demonstrates to the Chief Operator that it is not practically
possible to install and maintain a single grease interceptor to serve each individual
unit located in the structure in which case the Chief Operator has the discretion
to approve a plan for such structure providing for more than one grease
interceptor or a combination of grease interceptors and grease traps to service
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such property, which approval shall be in writing. Said approved plan shall
include the minimum number of grease interceptors and grease traps that can
reasonably serve the structure and the BMP Program shall specifically include
service for all approved grease intercepts and grease traps;
(3) The owner of any structure occupied by more than one FSE or FM/P
(strip malls) shall be jointly and severally liable with the owner of each FSE or
FM/P served by any grease interceptor or any grease trap for the servicing and
maintenance of that grease interceptor or grease trap and for any servicing and
maintenance of any wastewater facility located downstream from said structure to
remove any accumulations of FOG therefrom;
(4) The Chief Operator may require existing FSE or FM/Ps and owners of
structures in which such FSE or FM/Ps are located which have been identified as
introducing FOG in the any portion of the wastewater system, and which
introduction of FOG, in whole or in combination with other FOG contributors,
has been responsible for causing the need for the city to clean such portion of the
wastewater system more than twice in a single calendar year to install grease
interceptors or other FOG equipment as deemed necessary to comply with this
ordinance. Such installation shall be completed and operational within 180 days of
notice by the Chief Operator.
(d) Maintenance and cleaning of grease interceptors.
In the maintaining and routine cleaning of grease interceptors and any other
grease control device, the owner of the FSE or FM/P and the owner of the structure
in which it is located, if different from the owner of the FSE or FM/P shall be
responsible for the proper removal and disposal by appropriate means of the
captured material. If not performed by personnel under the direct control and
direction of any such owner, such removal and haul shall be performed by currently
licensed waste disposal haulers.
The twenty-five (25) percent rule requires that the depth of oil and grease
(floating and settled) in a trap shall be less than twenty-five (25) percent of the total
operating depth of the trap. The operating depth of a trap is determined by
measuring the internal depth from the outlet water elevation to the bottom of the
trap.
(e) Outdoor Grease Traps. Maintenance of outdoor grease traps shall be
performed as frequently as necessary to protect the sanitary sewer system against the
accumulation of FOG. Maintenance shall be performed as determined by inspection
and application of the twenty-five (25) percent rule, or at intervals specified in the
permit, whichever is more frequent. Maintenance shall be performed at least every
ninety (90) days.
(f) Indoor Grease Interceptors. Maintenance of indoor grease interceptors
shall be performed as frequently as necessary to protect the sanitary sewer system
against the accumulation of FOG. Maintenance shall be performed as required by
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inspection and/or sampling or at intervals specified in the permit,whichever is more
frequent. Maintenance shall be performed at least every fourteen (14) days.
(g) Maintenance process shall include the following minimum services:
(1) Complete removal of all grease interceptor or trap contents rather than
skimming the top grease layer,
(2) Thorough cleaning of the grease interceptor or trap to remove grease
and scum from inner walls and baffles,
(3) Filling cleaned interceptor or trap with cold potable water, and
(4) Completed waste hauler's section of the grease disposal manifest form
and delivery to waste disposal site along with the grease interceptor or trap waste.
(5) Top skimming, decanting or back flushing of the grease interceptor or
trap or its contents for the purpose of reducing the volume of waste to be hauled
is prohibited. Vehicles capable of separating water from grease shall not
discharge separated water into the grease trap or into the wastewater collection
system.
(h) Maintenance Modifications. Food service facilities which operate
infrequently or only for special events may request a modification to the
maintenance schedule specified above. The Waste Water Treatment Plant Chief
Operator may authorize a maintenance frequency related to the operation of the
food service facility. The user shall submit a request for a modified maintenance
schedule which includes all details of operation for the director to review.
(i) Disposal. The user shall be responsible for the proper removal and disposal
of the grease interceptor or trap waste. All waste removed from each grease
interceptor or trap must be disposed of properly at an appropriate facility designed
to receive grease interceptor or trap waste. No grease interceptor or trap waste shall
be discharged into any city of Elk River sanitary or storm sewer system.
(j) Maintenance Log. The user shall be responsible for retaining records of
the maintenance of grease interceptors and traps including manifests,permits,permit
applications, correspondence, sampling data and any other documentation that may
be requested by the city of Elk River. This log shall include the dates of service,
volume of waste removed, waste hauler, and disposal site of waste. These records
shall be kept on-site at the location of the grease interceptor or trap for a period of
three (3) years and are subject to review without prior notification.
(k) Submittal of Records. Each user shall submit all cleaning and maintenance
records to the WWTP Chief Operator. The maintenance records shall include the
following information:
(1) Facility name,address, contact person,and phone number
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(2) Company name, address, phone number, and contact name of person
responsible for performing the maintenance, cleaning, pumping, or repair of
grease trap.
(3) Types of maintenance performed.
(4) Dates maintenance was performed.
(5) Date of next scheduled maintenance.
(6) Copies of manifests.
The user shall be required to submit maintenance records to the WWTP bi-
annually Only 1 and December 31) to:
City of Elk River
Attn. Chief Operator,WWTP
248 Railroad Drive
Elk River,MN 55330
The WWTP will perform periodic inspections of these facilities and shall notify
the user of any additional required maintenance or repairs. Upon written
notification by the WWTP, the user shall be required to perform the maintenance
and records of said maintenance within fourteen (14) calendar days.
Upon inspection by the WWTP the user may be required to install, at his expense,
additional controls to provide a complete system which prevents discharges of
undesirable materials into the wastewater collection system.
(1) Exception from grease interceptor requirements.
If the owner of any FSE or FM/P or of any structure in which an FSE or FM/P
is located or is to be located demonstrates to the reasonable satisfaction of the Chief
Operator that installation of a grease interceptor is not feasible, the Chief Operator
may grant an exception allowing such owner to install grease traps or other
alternative treatment technology which will in his or her discretion adequately
control the release of FOG from the FSE or FM/P or the structure into the
wastewater system. The FSE or FM/P bears the burden of demonstrating that the
installation of a grease interceptor is not feasible. The request for an exemption shall
include the following information if relevant:
(1) Evidence of a lack of available exterior space necessary to place an
interceptor relative to the location of sewer main and easement;
(2) Evidence of a lack of adequate slope for gravity flow between kitchen
plumbing fixtures in the FSE or FM/P and the wastewater facilities;
(3) Description and specifications of the alternative grease control
equipment that will be installed;
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(4) Evidence that the size, available seating or type of food preparation does
not generate any significant volume of FOG.
(m) Charge for remedial maintenance or repair of the city wastewater
system.
(1) In the event that the owner of an FSE or FM/P or the owner of any
structure in which an FSE or FM/P is located is found to have contributed to the
partial or complete obstruction of a wastewater facility resulting from the
discharge of wastewater or waste containing FOG and that the city is required to
act immediately to control a public health hazard because of such blockage, such
owner shall be required to reimburse the city for all costs of abating such
condition. In situations where there are multiple owners identified as
contributing to FOG causing such obstruction, the Chief Operator will apportion
the cost of the cleanup, maintenance or repair costs on a prorated basis, based on
each owner's percentage share of the average total sanitary sewer charges for all
such owners. Further should inspection, testing or other sampling activity by the
city confirm that any user is contributing excessive FOG (including other harmful
ingredients) and is causing the repair or extraordinary maintenance activity to
maintain the integrity of the system, the Chief Operator may require retrofitting
of the structure with grease interceptors or grease traps, including testing facilities
and access thereto sufficient to resolve the problem;
(2) The costs for curing any private sewer lateral failures and sewer system
overflows, including cleaning and other maintenance, caused in whole or in part
by FOG introduced into the wastewater treatment facilities by any FSE or FM/P,
alone or in conjunction with any other party, are the responsibility of the owner
of the FSE or FM/P and the owner of any structure in which the FSE or FM/P
contributing the FOG to wastewater system is located.
(n) Compliance.
(1) Compliance with the Grease Control Program shall be evaluated based
on the following criteria:
(2) All Food Service Establishments who are implementing and
documenting BMPs [including employee training and kitchen procedures] and
performing and documenting grease retention unit cleaning at the required
frequency will be considered to be in full compliance with this policy.
(3) When an obstruction and/or Sanitary Sewer Overflow occur, the
records of all FSE or FM/P that discharge to the affected sanitary sewer line may
be reviewed in order to determine the responsible party. Any FSE or FM/P
found to be in noncompliance with the required grease retention unit cleaning
frequency shall be deemed a "responsible party" for cost recovery. Payment of
cost recovery does not preclude further enforcement actions for noncompliance
as per the FOG Enforcement Response Plan
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(o) Penalties and assessments for FOG program noncompliance.
In the event that the owner of an FSE or FM/P or the owner of any structure in
which an FSE or FM/P is located is found to have failed to comply with the
provisions of this division, the following penalties or assessments or both may be
applied:
(1) For introduction of FOG into any wastewater facility resulting in
obstruction to said facility or in an SSO:
(i) The city may disconnect water and sewer service to the FSE or
FM/P and to the structure in which the FSE or FM/P is located;
(ii) City may impose a fine per the City of Elk River's Enforcement
Response Plan each month until such owner demonstrates that the
subject FSE or FM/P or structure is in compliance with the
requirements of this ordinance;
(2) For failure to maintain records as required by the BMP Program for any
FSE or FM/P, or failing or refusing to timely comply with any request for records
required to be provided to the Chief Operator, a fine per the City of Elk River's
Enforcement Response Plan each day until such records are provided;
(3) For failure to pass the FOG inspection due to lack of or ineffective
FOG equipment the Chief Operator may:
(i) Require the subject FSE or FM/P to install additional FOG
equipment as necessary to resolve the problem;
(ii) Change the sewer rate class of the FSE or FM/P to reflect the
presence of the excessive FOG contribution by the FSE or FM/P.
Section 4. That this Ordinance shall take effect upon adoption.
Adopted this 5"'day of May,2014.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
725630.DOCX
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