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HomeMy WebLinkAbout10/27/2014 Council Work Session October 27,2014 4:00 p.m. Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. FOG (Fat, Oil and Grease) Program - Submitted by Larry Smith, Waste Management Services Superintendent ADJOURNMENT Suzy Schares, CMC City Clerk/Human Resource Director ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY ADOPTING ARTICLE E, REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Article E, Regulation of Fat, Oil and Grease Discharge by Food Service Establishments, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, of the Code of Ordinances of the City of Waterloo is hereby adopted, as follows: Article E REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS 8-3E-1: PURPOSE: The purpose of this section shall be to aid in the prevention of sanitary sewer blockages and obstructions from contribution and accumulation of fat, oil, and grease(FOG) into the POTW. Such discharges from commercial kitchens, restaurants, food processing facilities and all other establishments, where FOG of vegetable or animal origin are discharged directly or indirectly into the POTW, can contribute to line blockages and/or spills in violation of Title 40, Code of Federal Regulations, Part 403. 8-3E-2: DEFINITIONS: The definitions found in 8-3-3 shall apply to the provisions of this article, provided, however, that the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: BEST MANAGEMENT PRACTICES or BMPs: schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. For purposes of this article, best management practices include procedures and practices that reduce the discharge of FOG from a Food Service Establishment, to the city sanitary sewer system and to the POTW. DESIGN LIQUID DEPTH: the maximum depth of liquid when the tank is filled with water. EFFECTIVE DATE: the date set forth in 8-3E-3, upon which the regulatory provisions of this article take effect. FOG: Fats, oils, and greases of vegetable or animal origin contained in wastewater from a Food Service Establishment. FOOD SERVICE ESTABLISHMENT or FSE: an operation or enterprise that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption. Such facilities may include, but are not limited to, those that process meat or other food ingredients as an intermediate step or for final human consumption, food service operations in a summer camp, residential substance abuse treatment facility, halfway house, correctional facility, school, restaurant, commercial kitchen, caterer, church, hotel, bars, hospital, prison, care institution or similar facility. GREASE INTERCEPTOR: a tank that serves one or more fixtures and is remotely located. Grease interceptors include, but are not limited to, tanks that capture wastewater from dishwashers, garbage disposals, floor drains, pot and pan sinks and trenches as allowed by local plumbing codes. For purposes of this article, a grease interceptor is a multi-compartment tank located underground outside of a building that reduces the amount of FOG in wastewater prior to its discharge into the POTW. GREASE TRAP: a device designed to retain grease from one to a maximum of four fixtures. For purposes of this article, a grease trap is typically a small device located within a building. mg/1 (milligrams per liter): a measure of the concentration of a pollutant in the waste stream, considered equivalent to parts per million (ppm). MINIMUM DESIGN CAPABILITY: the design features of a grease trap or grease interceptor and its ability or volume required to effectively intercept and retain FOG from grease-laden wastewaters discharged to the POTW. NON-ROUTINE INSPECTION: an unscheduled inspection of an FSE made without prior notification or arrangement. ROUTINE INSPECTION: an inspection of an FSE which is scheduled in advance or according to a pre-arranged schedule. SUPERINTENDENT: Superintendent of the Waste Management Services Department, or his designated representative. USER: as used in this article, means a person discharging anything other than domestic wastewater into the POTW which may contain FOG, and may include discharges from mobile sources, such as mobile food vendors. 2 WASTE MANAGEMENT SERVICES DEPARTMENT: City of Waterloo staff responsible for the City's sanitary sewer system and wastewater treatment facilities, which are also referred to as the Publicly Owned Treatment Works (POTW). 8-3E-3: EFFECTIVE DATE OF FOG REGULATIONS: The provisions of this article shall be effective on and after 8-3E-4: GREASE INTERCEPTOR INSTALLATION REQUIRED AFTER EFFECTIVE DATE: The owner of a building or facility in which an FSE is located, and the owner or operator of an FSE, shall be required to install a grease trap, grease interceptor, or other facilities to capture FOG from the waste stream prior to discharge to the POTW, and to thereafter operate and maintain same to meet the limits of 100 mg/I—Total FOG as provided in this article. 8-3E-5: EXEMPTION FROM GREASE INTERCEPTOR INSTALLATION REQUIREMENT FOR EXISTING FACILITIES: The requirements of 8-3E-4 shall not apply to that portion of a building or facility within which an FSE is in existence on the effective date if: A. The FSE has an existing grease interceptor or grease trap in place as of the effective date and provided that (1)the owner or occupant of the FSE continues to use the interceptor or trap, (2) the interceptor or trap is of sufficient capacity and design, and (3) the interceptor or trap is operated and maintained so as to comply with FOG discharge limits. 8-3E-6: COMPLIANCE PROCEDURES: A. After the effective date, any permitted construction under section 8-3E-4 shall be deemed compliant upon issuance of a certificate of compliance or certificate of occupancy for such construction by the city building official or designee. B. The existing facilities of an FSE shall be deemed compliant, unless the Superintendent, or city building official or designee, determines that an existing grease trap or grease interceptor is incapable of adequately retaining FOG. In such cases, the Superintendent may order the FSE to install an adequate grease trap or grease interceptor within a specified time period if: 1. The FSE is found to contribute FOG in quantities above FOG discharge limits; or 2. The FSE discharges necessitate increased maintenance on the POTW in order to keep blockages from occurring therein; or 3. The FSE's discharge to the POTW is at any time determined to exceed 100 mg/1 - total FOG. 3 C. An order directing an existing FSE or the owner or operator of the FSE or the owner of the building or facility in which the FSE is located to install a grease interceptor shall be in writing from the Superintendent in the form of a notice of violation including a corrective action order, as provided in section 8-3E-13 of this article. D. FSEs or owners of buildings or facilities within which an FSE is located which are unable to install or replace a grease interceptor due to exceptional physical constraints or economic hardship may appeal to the Superintendent for approval of an alternative grease control technology by requesting a hearing in accordance with the provisions of this article. Such requests shall be submitted in writing and shall include detailed descriptions of the FSE's physical or financial constraints and of the alternative grease control technology which it proposes to install and utilize. Adding emulsification agents or other chemicals or enzymes to the waste stream to address the grease discharge issues from the FSE are not considered acceptable alternatives for FOG removal. 1. Notwithstanding approval of alternative grease control technology, when the Superintendent determines that such alternative is not performing adequately, the FSE or owner of the building or facility in which the FSE is located shall be required to take additional grease control measures, which may include the installation of a grease interceptor. 2. In order to demonstrate exceptional physical site constraints preventing the installation of a grease interceptor, the owner or operator of the FSE or owner of the building or facility in which the FSE is located shall submit to the Superintendent documentation and plats showing the location of city sanitary sewer and any private easements in relation to the building sewer for the building housing the FSE, and showing available space inside or outside the building and drawings of existing plumbing at or in a site that uses common plumbing for all services at that site. 3. An FSE that is given an exemption from installing a properly sized grease interceptor is prohibited from installing or using a dishwasher or garbage disposal without approval of the Superintendent and must comply with the conditions of such approval, if any. 8-3E-7: INSTALLATION OF GREASE INTERCEPTORS AND GREASE TRAPS: Grease interceptors and grease traps, when required, shall be installed as follows: A. Grease interceptors and grease traps shall be installed at the expense of the owner or operator of the FSE or owner of the building or facility in which the FSE is located which is contributing wastewater to the POTW. 4 B. All wastewater streams containing FOG or reasonably likely to contain FOG within FSEs or other FOG generating operations shall be directed into one or more appropriately sized grease traps or grease interceptors before discharge to the POTW. • It is the responsibility of the FSE to determine the appropriate sizing of any grease traps, grease interceptors, or other grease removal facilities. The discharge from the FSE shall be operated and maintained by the FSE such that the FOG shall not exceed 100 mg/I— Total FOG. Grease removal facilities may be sized by considering the peak design flow rates for all fixtures leading to the grease interceptor and allowing a minimum retention time of 30 minutes or as follows: � .. Grease interceptor Sizing —...._... 1. Weak meals per taw a. Seating capxity of FSE b. Occupancy of FSE e Seating o occupancy c neat factor of 1.3(4S menrte inch?=.Peak mob per hour . Church:.include aq areav's)used for meal service Assisted Eirmg'nursing Txitdy: equal to maximum number ct residents(per State license) 2. Waste non rate,oafon$of flow. a. comae rsat,equipped kitchen with dshwasher&one garbage drsposr.7^. • b. Cerronerca6 equipped kitchen with dishwasher,no garbage disposal 6 c_ Conanercii,equipped When wdh oo dshwashx,one garbage disposal' 6 d. ComnrertLN,echupyed kitchen with no orshwasher,no garbage disposal 5 e. SinfPe serrce kitluyr' 2 Each additional gage disposal,add one(1)9ala '• Sircpie service kitchen=no garbage disposal,no dishwasher and aµ serv+;e rs single use • 3. Retention time,hots • • a Comnmoal kitchen 2.5 b. Single sere ce k*then 1.5 4. Storage factor a. Commercial K:'tchen up to 8 hours of operation 2 b. Commercial ercial kitchen up to 16 tows of operation 2 c Commercial kitchen up to 24 hours of operation 3 Single service kladien 1.5 • Peak Mewls wasc Rae Refenten Stixane cacu: pet i+ar X xree X Time X fatwr = '.rterccprsr site It is the FSE's responsibility to size the FOG removal system and to operate it to meet the requirements of this article. C. Concrete grease interceptors, whether precast or poured in place, shall be designed and manufactured in accordance with ASTM C1613-08 Standard Specification for Precast Concrete Grease Interceptor Tanks or IAPMO/ANSI Z1001 Prefabricated Gravity Grease Interceptors and shall be installed in accordance with the codes adopted by the city. Grease interceptors using materials other than concrete require approval by the Superintendent, and shall comply with the conditions of such approval, if any. D. The building official or other designated official of the city shall inspect each grease interceptor installation made pursuant to this article, shall review all relevant information regarding the rated performance of the grease interceptor, and the building plan and facility site plan for the building and site where the grease interceptor has been installed, and shall approve such grease interceptor installation upon determination that the grease interceptor meets all applicable standards and requirements. 5 E. Grease interceptors shall be installed outside the building housing the FSE and below surface grade, and shall have access manholes, with a minimum diameter of 24 inches, over each chamber and sanitary tee. Access manholes shall extend from the grease interceptor to at least the finished surface grade and be designed and maintained to prevent storm or surface water inflow and groundwater infiltration. The manholes shall also have readily removable covers to facilitate inspection and grease removal. F. Sewer lines which are not grease laden, which are not likely to contain FOG, or which contain sanitary wastes shall not be connected to a grease interceptor. G. Grease interceptors shall be equipped with an accessible discharge sampling port with a minimum six-inch diameter, which shall extend from the grease interceptor to at least the finished surface grade. H. Where grease interceptors are shared by more than one FSE, the building owner shall be the responsible party for record keeping and cleaning of the interceptor. 8-3E-8: OPERATION, MAINTENANCE AND CLEANING OF GREASE INTERCEPTORS: A. The owner or operator of an FSE which is required to pass wastewater through a grease interceptor or other grease removal facilities shall operate and maintain the grease interceptor so that wastewater discharged from the grease interceptor shall not exceed 100 mg/l—Total FOG. B. The owner or operator of the FSE shall cause the grease interceptor to be cleaned as hereinafter required when FOG and solids reach twenty-five percent(25%) of the design liquid level of the grease interceptor, or sooner if necessary to prevent carry over of grease from the grease interceptor into the city sanitary sewer system. Interceptors shall be cleaned at least quarterly unless a longer cleaning interval is approved by the Superintendent. If the owner or operator of the FSE, or an employee of the owner or operator, has obtained a waste hauler's license and has completed, to the satisfaction of the Superintendent, the course of training offered by Waste Management Services in the cleaning of grease interceptors, such person or persons may clean the grease interceptor. Alternatively, the owner or operator of an FSE may employ a liquid waste hauler licensed by Waste Management Services pursuant to 4-3E-2 to clean the grease interceptor, provided that the liquid waste hauler personnel performing the grease interceptor cleaning has satisfactorily completed a course of training on grease interceptor cleaning offered by Waste Management Services. C. Any person who cleans a grease interceptor shall have received the appropriate training through Waste Management Services and shall clean the grease removal system in accordance with the following procedures and requirements. The person cleaning the grease interceptor shall: 6 1. Completely empty and remove the contents (liquids and sludge) of all vaults of the grease interceptor, and remove the grease mat and scrapings from the interior walls. 2. Not deposit waste and wastewater removed from a grease interceptor back into the grease interceptor from which the waste or wastewater was removed or into any other grease interceptor, for the purpose of reducing the volume of waste and wastewater to be disposed of. 3. Not introduce enzymes, emulsifying chemicals, hot water or other agents into a grease interceptor to dissolve or emulsify grease or as a grease abatement method. Introduction of bacteria as a grease degradation agent is only permitted with prior written approval by the Superintendent. 4. Dispose of waste and wastewater removed from a grease interceptor at the city- operated disposal station or at a facility approved for disposal of such waste by the Superintendent. Waste and wastewater removed from a grease interceptor shall not be discharged to any private sanitary or storm sewer or to the city sanitary or storm sewer system. 5. Not use an automatic grease removal system to clean a grease interceptor without prior written approval of the Superintendent. If the use of an automatic grease removal system is approved, it shall be operated in a manner that the grease wastewater discharge limit, as measured from the system's outlet, is consistently achieved. D. If grease interceptor cleaning is performed by a licensed waste hauler, the owner or operator of the FSE shall witness all cleaning and maintenance activities to verify that the grease interceptor is being fully cleaned and properly maintained according to the requirements of this section. The waste hauler shall provide a copy of the disposal receipt for all waste and wastewater removed from a grease interceptor to the owner or operator of the FSE. As part of each cleaning of a grease interceptor, the owner or operator of the FSE, or the licensed waste hauler employed by the owner or operator, shall at a minimum perform and record the following maintenance activities: 1. Check that the sanitary "tees" on the inlet and outlet sides of the grease interceptor are not obstructed, loose, or missing. 2. Verify that the baffle is secure and in place. 3. Inspect the grease interceptor for any cracks or other defects. 4. Check that lids are securely and properly seated after completion of cleaning. 7 E. The Superintendent may make exceptions to the above requirements, or may approve alternative operational requirements or cleaning and maintenance methods, provided that such exceptions or approvals shall be made in writing by the Superintendent. 8-3E-9: RECORDS AND RECORD KEEPING: A. Required records. The owner or operator of an FSE which is required to pass wastewater through a grease interceptor or trap shall maintain a written record of grease interceptor or trap maintenance, including a log showing the dates upon which the grease interceptor or trap was inspected and the estimated amount of FOG present in the grease interceptor or trap at each inspection, the date upon which waste and wastewater was removed from the grease interceptor or trap and disposed of, and the location and means of such disposal of waste and wastewater, and the name and employer or the person or persons performing each of said tasks. The log shall further include a record of the placement of any approved or unapproved additive into the grease interceptor, grease trap or building sewer on a constant, regular or scheduled basis, including the type and amount of additive placed on each such occasion. Only additives approved by the Superintendent pursuant to 8-3E-8(c)(3)may be used in a grease interceptor. B. Record keeping. The log shall at all times be kept and maintained on a day-to-day basis, so as to show a record of waste and wastewater removal, waste and wastewater disposal and approved additive placement. All such records shall be kept secure at the premises of the FSE for a continuous period of three years and shall be made available for non- routine inspection by the city, the Superintendent and the city's operating contractor, or the employees and agents of any of them, at any time during normal business hours. 8-3E-10: INSPECTION OF GREASE INTERCEPTORS AND RELATED SEWERS AND EQUIPMENT: The owner or operator of an FSE shall: A. Provide, operate and maintain, at its expense, safe and accessible monitoring facilities (such as a suitable manhole), and shall make such monitoring facilities available for inspection, and for sampling and flow measurement of the building sewer or internal drainage systems. There shall be ample room in or near such monitoring facility to allow accurate sampling and preparation of samples for analysis. B. Allow personnel authorized by the Superintendent, bearing proper credentials and identification, to enter upon or into any building, facility or property housing an FSE at any reasonable time and without prior notification, for the purpose of inspection, observation, measurement, sampling, testing or record review, in accordance with this article. 8 C. Open any grease interceptor, upon request by the Superintendent's authorized representative, for the purpose of confirming that maintenance frequency is appropriate, that all necessary parts of the installation are in place, including but not limited to, baffles influent and effluent tees, and that all grease interceptors and related equipment and piping is maintained in efficient operating condition. D. Accommodate compliance inspections and sampling events by the authorized representatives of the Superintendent. Staff may conduct routine inspections and sampling events of any FSE. Non-routine inspection and sampling events shall occur more frequently when there is a history of non-compliance with this article and when blockages occur in the city's sanitary sewer system downstream of the FSE. E. Be responsible for all cleaning and record keeping associated with the FOG program. If during any inspection the City determines the records of the FSE or waste hauler are deficient or have been falsified, the FSE and/or the waste hauler may be subject to enforcement actions or other available remedies in accordance with other sections of this article. 8-3E-11: INSPECTION FEES: The fees for inspection of an FSE shall be as provided in 8-3A-3, or as otherwise set by resolution of the city council, and shall be paid within 30 days of the date of the invoice for such fees. 8-3E-12: ENFORCEMENT: The Superintendent is authorized to enforce this article as hereinafter provided. The city building official or designee, or such other governmental official hereafter designated by the Superintendent, is also authorized to enforce this article. 8-3E-13: NOTICE OF VIOLATION; ADMINISTRATIVE PENALTIES; CORRECTIVE ACTION ORDER: A. The Superintendent, or such other designated officers or officials with enforcement authority as provided in 8-3E-12, are authorized to issue a notice of violation imposing an administrative penalty upon any person who fails to perform an act required by this article or who commits an act prohibited by this article. Such notice may include a corrective action order requiring the user to take one or more of the following corrective actions within 30 days: 1. Conform to best management practices; 2. Submit copies of the grease interceptor maintenance log; 9 3. Develop, submit and implement a FOG compliance plan to be approved by the Superintendent or designated enforcement official; or 4. Install a compliant grease interceptor or other grease removal facilities. B. The administrative penalty for such violations shall be as provided in the schedule of administrative penalties adopted by the city council by resolution. Notice of violation, with the applicable penalty for such violation noted thereon, shall be issued to and served upon the violator by regular mail or by delivery in person. Delivery shall be deemed to occur upon delivery in person or two business days after mailing. Penalties assessed pursuant to notice of violation shall be paid in full by the violator as directed in the notice within 30 days of its issuance. C. The administrative penalties set out in the schedule of administrative penalties shall be charged in lieu of the fines and penalties provided for in 8-3E-14, unless the violator refuses to correct the violation and pay the scheduled administrative penalty, or the Superintendent determines that immediate enforcement action by misdemeanor or municipal infraction prosecution is, in view of the particular circumstances of the case, necessary to achieve compliance with the requirements of this article. A record of all violations, administrative penalties charged or other enforcement actions taken shall be maintained by the Superintendent for a minimum period of three years. D. A person subject to a corrective action order may make a written request to the Superintendent for a reconsideration and hearing on the order within ten days from the date of delivery of the order. The process for such reconsideration and hearing shall be the same as that set forth for reconsideration and hearing of a cease and desist order set forth in 8-3E-15. 8-3E-14: OTHER PENALTIES: A. Any person who fails to perform an act required by this article or who commits an act prohibited by this article shall be guilty of a misdemeanor punishable by fine or imprisonment as set forth in 1-3-1 of this Code or shall be guilty of a municipal infraction punishable by a civil penalty as provided by 1-3-2 of this Code. B. Any person who fails to comply with a pretreatment standard applicable to an FSE shall be guilty of a municipal infraction punishable by a civil penalty of not more than $1,000.00 for each day the violation exists or continues, as provided by section 364.22 of the Iowa Code. C. When enforcement is sought through a municipal infraction proceeding, the Superintendent, or such other designated officers or officials with enforcement authority as provided in 8-3E-12, may enter into consent orders, assurances of voluntary compliance or other similar documents establishing an agreement with the user 10 responsible for noncompliance. Such orders will include specific action to be taken by the user to correct the noncompliance within a time period specified by the order. 8-3E-15: ORDER TO CEASE OPERATION OF FSE: A. Where a violation of this article has not been timely corrected, and results in or threatens interference or pass through as herein defined,the Superintendent, or such other designated officers or officials with enforcement authority as provided in 8-3E-12, shall have the authority to issue an order in writing to the owner or operator of the FSE, ordering such person or persons to cease and desist from further operation of the FSE and from further discharge of wastewater to the sanitary sewer system. The order shall be delivered by personal service unless the owner or operator cannot be found within the city, in which event notice shall be by ordinary mail addressed to the owner's or operator's last known address and by posting a copy of the notice in a conspicuous place upon the premises of the FSE. Delivery shall be deemed to occur upon delivery in person or two business days after mailing. B. Operation of the FSE shall cease on the date stated in the order and shall not recommence without the prior written approval of the Superintendent. C. A person subject to a cease and desist order may make a written request to the Superintendent for a reconsideration and hearing on the cease and desist order within ten days from delivery of the order, provided, however, that operation of the FSE shall cease pending the outcome of the hearing. D. The owner's or operator's request for hearing shall identify the appealing party, include the address of the person requesting the hearing and to which all further notices shall be mailed or served, and shall state the basis for the appeal. E. The hearing shall be scheduled to be held as soon as practicable and no later than 14 days after the request for hearing was filed with the Superintendent. The person requesting the hearing shall be notified in writing or by telephone of the date and place of such hearing at least three days in advance thereof. At such hearing the Superintendent and the person requesting the hearing may be represented by counsel, examine witnesses, and present evidence as necessary. F. The determination by the Superintendent that the violation occurred shall be considered a final administrative decision, unless appealed as provided in this article. 8-3E-16: APPEAL OF CORRECTIVE ACTION ORDER OR CEASE AND DESIST ORDER: A. Any person aggrieved by a corrective action order or a cease and desist order issued by the Superintendent, or by such other designated officers or officials with enforcement 11 authority as provided in 8-3E-12, may file an appeal and request a ruling that such order be modified or rescinded. B. An appeal request must be filed with the city clerk, and an administrative fee as set forth in 8-3A-3 paid, within ten (10) days of the date of delivery of the order. Failure to file the appeal and pay the administrative fee within said ten (10) days shall constitute a waiver of the right to a hearing, and the order of the Superintendent or other enforcement authority shall thereupon become final. Hearing on the appeal before the city council, or its designated committee consisting of no less than three persons, shall be scheduled for a date within twenty-one (21) days of filing the appeal and shall be scheduled for no more than thirty(30) minutes in length, or such additional time as the city council or committee in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council or committee at least seven (7) days prior to the hearing date. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council or committee may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the city council or committee shall affirm, modify or rescind the order. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. 8-3E-17: ADDITIONAL REMEDIES: The Superintendent or the city is not precluded from seeking alternative relief from the court, including an order for abatement or injunctive relief or for recovery of investigational or remedial costs resulting from a non-complying discharge, in the event that the Superintendent or the city files a misdemeanor citation, notice of administrative penalty, and/or files a municipal infraction for the same violation of this article. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2°d CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2014, and approved by the Mayor on the day of , 2014. Ernest G. Clark, Mayor 12 ATTEST: Suzy Schares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2014. Witness my hand and seal of office this day of , 2014. SEAL Suzy Schares, CMC City Clerk 13 RESOLUTION NO. A RESOLUTION OF THE CITY OF WATERLOO ESTABLISHING A SCHEDULE OF FEES AND PENALTIES FOR ARTICLE E OF CHAPTER 3, SEWER REGULATION, OF TITLE 8, PUBLIC UTILITIES WHEREAS, Sections 8-3E-11 and 8-3E-13 of the Code of Ordinances of the City of Waterloo provide for inspection fees and administrative penalties in connection with regulation of fat, oil and grease discharge by food service establishments; and WHEREAS, the City Council of the City of Waterloo has not yet established such fees, but desires now to do so; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The City Council does hereby establish the following schedule of inspection fees under § 8-3E-11: Scheduled inspections $50.00 Unscheduled inspections (first in any calendar year, $ 0.00 and first followup due to non-compliance) Unscheduled inspections, each additional (second or $50.00 more followup due to non-compliance within preceding 12 months) Section 2. The City Council does hereby establish the following schedule of administrative penalties under § 8-3E-13: First offense $ 0.00 2nd offense within 12-month period $100.00 3`d offense or more within 12-month period, each $200.00 Section 3. The schedule of fees set forth above shall become effective at the earliest date allowed by Iowa law and shall continue in effect until amended by action of the City Council. PASSED AND ADOPTED this day of , 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CERTIFICATE I, Suzy Schares,City Clerk of the City of Waterloo,Iowa,do hereby certify that the preceding is a true and complete copy of Resolution No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2013. Witness my hand and seal of office this day of , 2013. [SEAL] Suzy Schares, City Clerk 2 ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 16 OF ARTICLE E, LIQUID WASTE HAULERS, OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND AMENDING SECTION 3 OF ARTICLE B, USE REGULATIONS, OF CHAPTER 3, SEWER REGULATIONS, OF TITLE 8, PUBLIC UTILITIES. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 16 of Article E, Liquid Waste Haulers, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety, and Amending Section 3 of Article B, Use Regulations, of Chapter 3, Sewer Regulations, of Title 8, Public Utilities, in the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby amended to strike the current provisions thereof and to substitute the following new provisions in their place: 4-3E-16: Reserved. 8-3B-3: CONSTRUCTION AND MAINTENANCE OF INTERCEPTORS: A. Sand interceptors shall be provided when, in the opinion of the superintendent,they are necessary for the proper handling of liquid wastes containing sand or other harmful constituents. All interceptors shall be of a type and capacity approved by the city and shall be located so as to be readily and easily accessible for cleaning and inspection. Interceptors shall be of substantial construction, watertight, and equipped with easily removable covers which, when bolted in place, shall be gas tight and watertight. Where installed, all sand interceptors shall be maintained by the owner, at his expense, in continuous efficient operation at all times. B. Interceptors for fat, oil and grease shall be governed by the provisions of Title 8, Chapter 3, Article E. PASSED AND ADOPTED by the City Council this day of , 2013, and approved by the Mayor this day of , 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2013. Witness my hand and seal of office this day of , 2013. SEAL Suzy Schares, CMC City Clerk 2 Article E REGULATION OF FAT, OIL AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS 8-3E-1: PURPOSE: The purpose of this section shall be to aid in the prevention of sanitary sewer blockages and obstructions from contribution and accumulation of fat, oil, and grease (FOG) into the POTW. Such discharges from commercial kitchens, restaurants, food processing facilities and all other establishments, where FOG of vegetable or animal origin are discharged directly or indirectly into the POTW, can contribute to line blockages and/or spills in violation of Title 40, Code of Federal Regulations, Part 403. 8-3E-2: DEFINITIONS: The definitions found in 8-3-3 shall apply to the provisions of this article,provided, however, that the following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: BEST MANAGEMENT PRACTICES or BMPs: schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the state. For purposes of this article, best management practices include procedures and practices that reduce the discharge of FOG from a Food Service Establishment, to the city sanitary sewer system and to the POTW. DESIGN LIQUID DEPTH: the maximum depth of liquid when the tank is filled with water. EFFECTIVE DATE: the date set forth in 8-3E-3, upon which the regulatory provisions of this article take effect. FOG: Fats, oils, and greases of vegetable or animal origin contained in wastewater from a Food Service Establishment. FOOD SERVICE ESTABLISHMENT or FSE: an operation or enterprise that stores, prepares, packages, serves,vends, or otherwise provides food for human consumption. Such facilities may include, but are not limited to, those that process meat or other food ingredients as an intermediate step or for final human consumption, food service operations in a summer camp, residential substance abuse treatment facility, halfway house, correctional facility, school, restaurant, commercial kitchen, caterer, church, hotel, bars, hospital,prison, care institution or similar facility. GREASE INTERCEPTOR: a tank that serves one or more fixtures and is remotely locate d. Grease interceptors include, but are not limited to,tanks that capture wastewater from dishwashers, garbage disposals, floor drains, pot and pan sinks and trenches as allowed by local plumbing codes. For purposes of this article, a grease interceptor is a multi-compartment tank located underground outside of a building that reduces the amount of FOG in wastewater prior to its discharge into the POTW. GREASE TRAP: a device designed to retain grease from one to a maximum of four fixtures. For purposes of this article, a grease trap is typically a small device located within a building. mg/1 (milligrams per liter): a measure of the concentration of a pollutant in the waste stream, considered equivalent to parts per million(ppm). MINIMUM DESIGN CAPABILITY: the design features of a grease trap or grease interceptor and its ability or volume required to effectively intercept and retain FOG from grease-laden wastewaters discharged to the POTW. NON-ROUTINE INSPECTION: an unscheduled inspection of an FSE made without prior notification or arrangement. ROUTINE INSPECTION: an inspection of an FSE which is scheduled in advance or according to a pre-arranged schedule. SUPERINTENDENT: Superintendent of the Waste Management Services Department, or his designated representative. USER: as used in this article, means a person discharging anything other than domestic wastewater into the POTW which may contain FOG, and may include discharges from mobile sources, such as mobile food vendors. WASTE MANAGEMENT SERVICES DEPARTMENT: City of Waterloo staff responsible for the City's sanitary sewer system and wastewater treatment facilities, which are also referred to as the Publicly Owned Treatment Works (POTW).