8.1. SR 05-19-2014 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 19, 2014 Suzanne Fischer,Director, CODD
Item Description Reviewed by
Fats, Oils, Grease (FOG) Enforcement Plan and Peter Beck, City Attorney
Best Management Practices Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion,the attached Enforcement Response Plan and Best Management Practices for the
Fats, Oils and Grease Control Ordinance.
Background/Discussion
The Fats, Oils, and Grease (FOG) Control ordinance was approved at the May 5, 2014, City Council
meeting as required by the MS4 Stormwater Permit. The purpose of the ordinance is to limit or prevent
bio solids from Food Service Establishments (FSE) or Food Manufacturer/ Processors (FM/Ps) from
entering the city's wastewater collection system.
The Enforcement Response Plan (ERP) is an internal document to allow staff to effectively manage
violations of the FOG ordinance. The plan states the city's authority to authorize penalties depending on
the type and frequency of violation(s). The enforcement notifications, actions and fines are included in
the city fee ordinance.
The Best Management Practices for FSE's and FM/P's is an educational document for those facilities
required to comply with the FOG ordinance. Best Management Practices have been developed to help
FSE's and FM/Ps implement and maintain employee training, cleaning, and equipment maintenance
requirements of the FOG program.
Financial Impact
None
Attachments
■ Draft Enforcement Response Plan and Best Management Practices
P a w E A E U s r
NaA f RE]
FATS, OILS,AND GREASE ENFORCEMENT RESPONSE PLAN
Section 1- Introduction
This Fats, Oils and Grease Enforcement Response Plan (FOG ERP) has been developed for
guidance and is not intended to create legal rights or obligations, or to limit the enforcement
discretion of the WWTP Chief Operator or the City of Elk River.
This FOG Enforcement Response Plan (ERP) is an effective way to ensure that the City of Elk
River takes fair, consistent and equitable enforcement actions against food service establishments
(FSE) or food manufacturer's/processors (FM/P) for violations of the city's Fats, Oils and Grease
Control Ordinance, Section 78-156 of the City Code. It should be noted that, even with a FOG
ERP, judgment and flexibility is needed at times in response to unusual instances of noncompliance.
Some violations may require a response that deviates from the ERP depending on the particulars of
the situation.
This is a progressive enforcement plan in that problems are addressed at the lowest level and with
the least formality possible consistent with the specific violation. However,no enforcement
procedure is contingent upon the completion of any"lesser" activity.
In general, enforcement actions against FSEs and FM/Ps will be taken in accordance with this
Enforcement Response Plan. However,the enforcement actions listed here are not exclusive and
the City of Elk River reserves the right to implement other enforcement responses available to it
under the City Code,Minnesota and federal laws, separately or in combination with these responses.
Section 2 -Enforcement Actions Available Under the Fats, Oils and Grease Control Policy
The City of Elk River is empowered by the Environmental Protection Agency's National
Pretreatment Program (40 CFR 403) and the city's Fats, Oils and Grease Control Ordinance,to take
the necessary enforcement actions to ensure compliance. The following is a list of those actions.
ENFORCEMENT NOTIFICATION/ACTIONS
ACTION DESCRIPTION
Notice of Written notice that a violation/deficiency has occurred and should be
Deficiency [NOD] corrected. In general,NTCs are used for minor isolated violations or an
and/or Notice to initial step leading to an escalated enforcement response. NODS/NTCs
Correct [NTC] are documented and kept on file.
Informal meeting used to gather information concerning noncompliance,
Enforcement discuss steps to alleviate noncompliance and determine the commitment
Meeting level of the FSE.
Initiation of Self- Notice to a FSE to begin self-monitoring the effluent from the food
Monitoring preparation discharge from the facility.
1
Employee Used when the Chief Operator believes that a violation has been caused by
Training an FSE or FM/P employee(s) lack of knowledge concerning FOG policy
Requirement and BMP requirements
A NOV is a written notice to the noncompliance FSE or FM/P that a
violation has occurred.A NOV includes a statement detailing the legal
Notice of Violation authority under which the city issued the NOV, a description of the
[NOV] violation(s) and the date(s) the violation(s) occurred.A NOV may require a
response from the FSE or FM/P that details the cause of the violation(s)
and the corrective action taken to correct the violation and prevent similar
violations from occurring. NOVs are more serious than a NOD or NTC.
Administrative penalty issued to an FSE or FM/P that fails to comply with
any provision of the FOG policy and/or any applicable provision of the
Civil Penalties BMPs. The City of Elk River may authorize penalties each day for each
violation per the City Fee Ordinance.
A voluntary agreement with a non-compliant FSE or FM/P that includes
specific acts to be taken by the discharger to correct the noncompliance
Consent Orders within a time period also specified in the order. COs may incorporate
[CO] schedules of compliance, administrative penalties and/or termination of
service. Such documents shall have the same force and effect as
administrative orders and shall be judicially enforceable.
Administrative Orders [AOs] are enforcement documents that direct FSEs
Administrative or FM/Ps to undertake and/ or cease specified activities by specified
Orders [AO] deadlines. The terms of an AO may or may not be negotiated with FSEs
and FM/Ps. AOs may incorporate compliance schedules, administrative
penalties and/or termination of service.
Payment of Notice to pay to the City of Elk River costs associated with the clean-up or
Remediation, decontamination of a site after the discharge of substances into the sanitary
Clean-Up Costs sewer, storm sewer, surface waters and/or to the environment that cause
and/or Cost interference,pass-through or sanitary sewer blockage. This includes clean
Recovery up and decontamination of all structures/areas including residential,
commercial, surface waters and the environment.
Termination of Service [TOS] is the revocation of a FSE or FM/Ps
privilege to discharge wastewater from food preparation processes into the
sanitary sewer system. TOS is used when the discharge from a FSE
presents imminent endangerment to the health or welfare of persons, or
Termination of the environment or threatens to interfere with the operation of the
Sewer Service treatment collection system. TOS is also used as an escalating enforcement
[TOS] action when a noncompliant FSE or F</P fails to respond adequately to
previous enforcement actions. TOS may be accomplished by physical
severance of the FSE's or FM/Ps connection to the collection system,
issuance of an AO [Cease and Desist],which compels the FSE or FM/P to
immediately terminate its discharge, or a court ruling.
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 2
Civil Penalties
Civil penalties may be imposed pursuant to the City Code. Civil penalties are in addition to assessed
city reimbursement costs for:
• Legal fees
• Equipment repair or replacement
• Costs associated with the clean up or decontamination of a site after the discharge of
substances into the sanitary sewer, storm sewer, surface waters and/or to the environment
that cause interference,pass-through or sanitary sewer blockage. This includes clean up and
decontamination of all structures/areas including residential, commercial, surface waters and
the environment.
• Sampling/monitoring costs
• Any penalties assessed to the city resulting from the subject violation.
Section 3 - Personnel Responsible for Enforcement Actions " M
The City of Elk River WWTP Chief Operator is responsible for all enforcement actions. The City
Attorney may be re nested to review escalated penalties prior to issuance,if the Chief Operator
deems it necessa
Section 4 - Enforcement Considerations
In determining which enforcement measure(s) to use and the amount of any civil penaltie e
Chief Operator may consider the following:
a. The degree and extent of the impact/harm to the natural resources of the state,the pub ealth,
the city's treatment system or public or private property as a result of the violation [including effect
on groundwater, surface water or air quality];
b. The duration and magnitude of the violation;
c. The cost of repairing the damage to the city's treatment collection system,public or private
property and/or the natural resources of the state;
d. Whether the violation was committed negligently,grossly negligently, recklessly negligently,
willfully or intentionally;
e. The amount of money saved,if any,by noncompliance,including the cost of continuing to
discharge in noncompliance instead of stopping operations;
f. Cost incurred by the FSE or FM/P in correcting the problem and their cooperation and good
faith effort to resolve noncompliance.
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 3
g. The prior record of the FSE or FM/P in complying or failing to comply with the requirements of
the FOG Control Policy,the Sewer Use and Discharge Requirements Ordinance, or other applicable
law or regulation;
h. The cost to the city (including legal fees, sampling/analytical costs, engineering/consulting fees,
etc.) required,in the opinion of the city,to take necessary investigative/enforcement action,
determine the nature and extent of damage,prevent further damage and repair any damage.
i. The cost to the city for any civil penalties, fines,legal costs and/or other costs associated with any
enforcement action or legal action taken against the City of Elk River for Wastewater Collection
System Permit violations,NPDES violations or other violations caused by the FSE or FM/P's
violation(s).
j.
Violation(s) resulting from vandalism or the action of third-party entities
......�.�........
k. Deficiencies or violations occurring as a result of stances beyond the FSE or FM/P's;
control as determined by the Chief Operator.
Section 5 - Investigation of Noncompliance
The Chief Operator will investigate compliance with the FOG Control Policy/ Sewer Use
Sewer Use and Discharge Requirements Ordinance in the following ways:
a. On-site inspections of FSE and FM/Ps,including scheduled and unscheduled visits;
b. Review of documentation of required cleaning/maintenance of grease retention units;
c. Review of records/activities required to be documented and maintained by the User; -
d. Review of procedures and implementation of BMWs outlined in `Best Management Practices for
Food Service Establishments and Food Manufacturer/Processers';
e. Investigation of sanitary sewer overflows and spill and illegal discharges.
Section 6—Types of Violations
A. Minor Violation
1st Occurrence:
Inspection hindrance (equipment related) TIER I
Failure to maintain on site records TIER II
Failure to submit quarterly records TIER II
Failure to pump grease trap/interceptor TIER IV
Violation of E-BMP TIER II
2nd Occurrence:
Inspection hindrance (equipment related) TIER II
Failure to maintain on site records TIER III
Failure to submit quarterly records TIER III
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 4
Failure to pump grease trap/interceptor TIER V
Violation of E-BMP TIER III
3rd Occurrence:
Inspection hindrance (equipment related) TIER III
Failure to maintain on site records TIER IV
Failure to submit quarterly records TIER IV
Failure to pump grease trap/interceptor TIER VI
Violation of E-BMP TIER IV
4th Occurrence&Up:
Inspection hindrance (equipment related) TIER V
Failure to maintain on site records TIER V
Failure to submit quarterly records TIER V
Failure to pump grease trap/interceptor TIER VII
Violation of E-BMP .; TIER VI 'M
B. Intermediate Violation
Failure to maintain necessary equipment (T's,grease trap/interceptor not water tc.);
1st Offense TIER II
2nd Offens'' IER IV
3rd Offense IER VI
4th Offense&''Up `• IER VII
C. al of Right of En or Ins ection
1st Offense. °' ER III—TIER V
D. Major Violation
F,
Source of sewer blockage TIER V
Source of blockage causing sanitary sewer overflow TIER VI
Falsification of maintenance records TIER V
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 5
BEST MANAGEMENT PRACTICES
FOR FOOD SERVICE ESTABLISHMENTS (FSE) and FOOD
MANUFACTURING/PROCESSOR's (FM/P)
(AS REQUIRED BY THE FATS, OILS AND GREASE CONTROL ORDINANCE)
Fats, oils and grease can be managed effectively by FSEs and FM/Ps to minimize the discharge of
FOG into the sanitary sewer system and decrease the required maintenance of grease retention units.
The following Best Management Practices (BMPs) have proven effective when implemented
properly and consistently.
The following Enforceable Best Management Practices are required by the City of Elk River's Fats,
Oils and Grease Control Ordinance, Section 78-156 of City Code. All FSEs and FM/Ps must
comply with the following BMPs to minimize the discharge of FOG to the Elk River Sanitary Sewer
System. Failure to comply with any of these requirements is a violation of the City of Elk River's;
Fats, Oils and Grease Control Ordinance. "
I. EMPLOYEE'frINjG
All Food Service Establishment employees shall be properly trained .......
nd instructed to use BMPs.
A. Train all employees in BMPs and other methods to reduce the volume of grease discharged to the
sanitary sewer system. Train employees to be aware of problems created by grease in the sanitary
sewer system,possible violations and fines, and the cost of cleaning clogged pipes. Even a small
amount, grease on each pot,pan or plate can be substantial with hundreds of meals served per
day.
B. All training shall be documented in writing and shall include the names of the instructor and
employee as well as the date of the training. Records of Employee Training shall be maintained by
the FSE or FM/P for a period of three (3) years and shall be available to the WWTP Chief Operator
upon request.
C. Employee Training shall including information on the following:
1. Dry Wipe Pots, Pans and Dishware Prior to Dishwashing: Foods, fats, cooking oil and
grease remaining in pots and pans should be dry wiped or scraped out into the trash prior to
washing. This can substantially reduce FOG discharged to the grease interceptors. After
wiping,pots,pans or dishware that contained grease should be washed in sinks that flow to
grease retention devices attached to the sanitary sewer.
2. Cleaning Hoods:
Clean hood filters on a monthly basis. Remove the hood filters and wipe or scrape off as
much grease as possible and dispose of by recycling or placing in the garbage can.Wash
hood filters with hot water (less than 140 degrees) in sinks that flow to grease retention
devices attached to the sanitary sewer.
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 6
3. Sweep up Food debris on the floor:
Using the water hose as a broom and washing debris from the floor into the floor drains is
strictly prohibited. This causes grease, food, detergents and other chemicals to enter the
sanitary sewer system. Train staff to sweep up floor debris and place in trashcans.
4. Proper Disposal of Grease
Pouring grease down any drain,hot flushing grease down any drain or pouring grease into
any grease retention unit is strictly prohibited. All waste grease should be placed in a grease
disposal container for pick-up by a grease recycling or disposal company.
II. POST "NO GREASE" SIGNS
Post a sign indicating"No Grease" above all kitchen sinks, on dishwashers and near other grease
discharge outlets to serve as a constant reminder to employees to properly dispose of grease.
III. EMPLOYEE TRAINING REQUIRED FOR FSE's AND FM/P's WITH "INSIDE
GREASE TRAPS" [UNDER-THE SINK, IN-FLOOR RECESSED, "POINT OF USE"
GREASE TRAP [OR OTHER INSIDE LOCATION GREASE TRAP]
A. Employee training shall include information on the following:
1. Location,purpose and function of grease trap in
2. Proper cleaning of grease trap per FOG Control Ordinance Sec. 78-156 (d) through (g)
3. Inspection of grease trap filter,baffles and tee [if applicable]
14. Proper disposal of grease from grease trap
5. Increase cleaning frequency if grease traps are more than 25% full when cleaned.
6. Proper written documentation of grease trap cleaning
IV. FOR FSEs AND FM/Ps WITH "OUTSIDE"GREASE INTERCEPTORS
If possible,have a manager or supervisor witness and/or verify grease interceptor cleaning and
maintenance activities by the private service contractor to ensure the devices are being maintained
and operating properly.
FOG ENFC PLAN and BMPs for ORD 78-156 May 19, 2014 Page 7