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Code of Ordinances Amendment - Title 13 Fats, Oils and Grease (FOG) OrdinanceTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Capacity, Management, Operation and Maintenance Program Enhanced Fats, Oils, and Grease Program DATE: July 2, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Water & Resource Recovery Center Manager Jonathan Brown, Public Health Specialist Mary Rose Corrigan, Building Services Manager Rich Russell and City Engineer Gus Psihoyos recommend City Council approval of the Collection System Management Operation and Maintenance (CMOM) enhanced Fats, Oils, and Grease (FOG) Program, along with the associated Ordinance amendments. There will be a staff presentation at the City Council meeting. I concur with the recommendation and respectfully request Mayor and City Council approval. brilm4 i„, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Jonathan Brown, Water & Resource Recovery Center Manager Mary Rose Corrigan, Public Health Specialist Rich Russell, Building Services Manager Gus Psihoyos, City Engineer THE CITY OF DtiUE Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Jonathan Brown, WRRC Manager Mary Rose Corrigan, Health Services Manager Rich Russell, Building Services Manager Gus Psihoyos, City Engineer ��J ()� DATE: July 1, 2014 RE: Dubuque keiri AB -America City 11111F 2007 • 2012 • 2013 Capacity, Management, Operation and Maintenance (CMOM) Program Enhanced Fats, Oils, and Grease (FOG) Program 2014 INTRODUCTION The purpose of this memorandum is to present for approval the Collection System Management, Operation, and Maintenance (CMOM) enhanced Fats, Oils, and Grease (FOG) Program along with its associated Ordinance Amendments. BACKGROUND The City of Dubuque, Iowa is under a Consent Decree according to Case 2:11-cv- 01001-EJM, United States of America and the State of Iowa v. the City of Dubuque, IA (N.D Iowa), Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339 effective June 27, 2011. In compliance with the Consent Decree, the City has an EPA approved CMOM Program designed to facilitate practices toward reducing if not eliminating Sanitary Sewer Overflows (SSOs). The CMOM program specifically addresses FOG under its Management Programs. In the CMOM, several City departments are identified as responsible for conducting and enforcing practices to verify grease traps are inspected and sewer lines are cleaned. The program also identifies newly installed grease traps shall be inspected by the City. Further, the Consent Decree [Section V(14)(d)] requires the City to have the legal authority to allow and require implementation of the general and specific prohibitions of the pretreatment program as defined in 40 C.F.R. 403.5 where generally a user may not introduce into a Publicly Owned Treatment Works (POTW) any pollutant(s) which cause pass through or interference. In addition to the prescribed measures in the City's CMOM and the EPA's National Pretreatment Program under CRF 403, the City Council has acknowledged FOG as an environmental issue and established Fats, Oils, and Grease Policy, Program, and Enforcement as a City Council Goal and Priority under its 2014-2015 management agenda. DISCUSSION The presence of FOG in the sanitary sewer system has unfortunately gone beyond a nuisance level and is viewed as a significant source of sanitary sewer overflows not only in the City of Dubuque but nationwide. The EPA reported to Congress in August of 2004 that 47% of the identified Combined Sewer Overflows (CSOs) and Sanitary Sewer Overflows (5505) were caused by grease from restaurants, homes, and industry. Grease is problematic because it solidifies, reduces conveyance capacity, and blocks flow. In the city of Dubuque, since signing the USEPA Consent Decree in 2011, approximately 25% of sanitary sewer overflows are directly attributed to grease from food establishments. FOG is currently regulated in the City of Dubuque's codified ordinances under Title 13 through the City's Pretreatment Program. We are proposing language further defining FOG along with proactive measures clearly defined in an enhanced FOG Program which includes maintenance and reporting requirements for Food Establishments (FEs). There are several parts of the City's code that speak to FOG. However, under the City's Pretreatment program it clearly defines the limits and the POTW as the responsible department under whose authority the NPDES Permit enforcement will be conducted. Ordinance Amendments The City of Dubuque's current ordinances under Chapter 13-2A-3: Discharge of Harmful Substances, (B) Prohibited Substances, clearly states the prohibition of any water or waste containing fats, wax , grease, or oils, whether emulsified or not, in excess of one hundred milligrams per liter(100mg/L), further Chapter 13-2D-4 General Discharge Prohibitions (A) (3), prohibits users from contributing solid or viscous substances which may cause obstructions to the flow in a sewer or other interference with the operation of the wastewater treatment facilities such as, but not limited to, grease. The proposed ordinance amendment, further defines these Chapters to include definitions of the terms fats, oils, and greases (FOG) and Publicly Owned Treatment Works (POTW), this is terminology used by the EPA; and provides reference to the City's EPA, DNR, DOJ Consent Decree and how FOG can contribute to sewer blockages and sanitary sewer overflows, a violation of the Clean Water Act. The amendment also includes specific languages for the Council to authorize the City Manager to develop a 'Fats, Oils and Grease Program' governing the installation, maintenance, repair, enforcement of and recordkeeping requirements for systems discharging FOG into the City's sanitary sewers. 2 The FOG Program and City Departments By ordinance, the City Manager shall be authorized to develop a FOG program. The program shall apply to all non-domestic users of the POTW and the both new and existing facilities generating FOG as a result of food manufacturing, processing, preparation, or food service. These facilities shall install, use, and maintain appropriate grease interceptors. Such facilities are commonly known as restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, prisons, nursing homes, care facilities, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. The program does not cover facilities that only reheat or assemble ready to eat food products, until such time as they meet the requirements of the program. A change of use at a facility from non - FOG producing to FOG producing would also prompt compliance with the FOG Program. As FOG is regulated by the City's Pretreatment Program under its NPDES permit for the Water and Resource Recovery Center along with CMOM, the program will be managed through the W&RRC. To maximize resources, existing grease traps and interceptors shall be physically inspected by City Engineering's inflow and infiltration (I&I) inspectors with complementary site inspections of grease traps by the Health Department. New traps and interceptors shall be reviewed for sizing and location in the facility during planning and the design stage by the Building Department and the Health Department. Change of ownership, change of menu, remodeling, or change of facility type will be reviewed and approved by the Building Department and Health Services Departments. In the start-up phase of the FOG program, the City's I&I inspectors will be assisted by two of the Housing Department's Lead Inspectors fora period of three months. No new full time employees are anticipated. As the program is implemented it may be necessary to evaluate staffing needs. Currently, there are no anticipated exemptions of Food Establishments to the program. Focus Group Comments A FOG Program informational meeting was held with a focus group on June 10, 2014. Owners of a variety of food establishment types and City Staff were invited to attend. We also had Molly Grover from the Chamber of Commerce also attended the meeting. City staff presented the FOG program to just over twenty Food Establishment (FE) owners and managers, outlining the ordinance amendments and the City's proactive FOG management program. The response from the group was affirmative in that this information provided was not a surprise and there was an understanding that this type of change was coming. Many FE's were aware of other communities doing similar programs not just in Iowa but in neighboring states. Key comments/questions from the group covered: • A request to review the permit fee, • The education and training aides available from the City for front-line employees, • Scheduling more meetings/education, and 3 • A request for a vendor trade show or having products highlighted at other restaurant trade shows. We have taken into consideration the key comments from the group and modified the program to reflect their requests. A series of monthly meetings will be held starting in July and will carry through December of 2014. Two FE facilities have volunteered to host the educational sessions. The annual permit fee to manage the program is established as two fees. The standard fee is $100 per year; a reduced fee shall be $50 per year for FE's that are: • non-profit serving less than 100 events per year, • tax exempt serving less than 100 events per year that are not required to have a food license, and/or • FE's not required to have a food license. For the purposes of the FOG program, typically a non-profit FE would be a faith -based organization such as a church along with charities such as the Salvation Army or the YMCA. The reduced fee, however would only apply if the non-profit organization also met the less than 100 events per year where food is prepared/served. The same would apply to those organizations meeting the federal tax exempt status as defined by IRS Code 501 (C) 3. Examples of FEs that are not required to have a food service establishment license from the Health Services Department include: • an establishment that offers only prepackaged foods that are non -potentially hazardous, • a produce stand, • facility which sells only whole, uncut fresh fruits and vegetables, home food establishments, a church or place of worship • an establishment licensed under a different state or federal agency, i.e. a nursing home, • an establishment further defined in the Iowa Administrative Code 481-30. The City will reach out to grease interceptor vendors and see if they can arrange a tradeshow in combination with other trade shows in the area and if they can be part of the monthly meetings to present new or improved technology to assist with grease collection. The City as part of the monthly meetings and program implementation will provide access to training aides and direction on how to acquire further training on the correct methods of managing and collecting FOG. Schedule and program Implementation Following approval of the ordinance amendment and FOG program, a notice will be sent to the FE's identifying key changes to ordinance and implementation of the FOG 4 program which includes governance on grease removal and hauling practices; information on the permit process including when permit applications are due and what permit fees are; hauling manifests and frequency of hauling; and inspections. All information will be available through the City of Dubuque's website and paper copies available from the Building Department. The City shall implement the FOG program in three (3) phases based on the following Food Establishment criteria: • Health Services Department menu designation (High, Medium, and Low Risk) • The City's documentation showing Sanitary Sewer Overflows downstream of a Food Establishment (FE) • Historic violations of the FOG program and its ordinance • The FE's FOG Operation and Maintenance Management Plan The proposed implementation schedule is as follows: Phase 1: High Risk Establishments • Notification of High Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than December 31, 2014 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. Phase 2: Medium Risk Establishments • Notification of Medium Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than June 30, 2015 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. Phase 3: Low Risk Establishments • Notification of Low Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than December 31, 2015 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. In the future, the permits must be renewed annually based on these original dates. FOG Inspections will be performed by City Engineering's I& I Inspectors following the FE notice. They will work closely with the Health Department's sanitarians using their High Risk list of FE's most likely to produce FOG. The inspectors will work with the Public Works Department's maintenance list of areas focusing on establishments draining into the sewers currently requiring monthly maintenance as a result of FOG. During the inspection, the I & I Inspectors will also provide timely, onsite education regarding the program and the impact of FOG can have on the sewer system. They will conduct a short survey documenting the size and types of grease traps/interceptors. The inspectors will document all inspections and when available will enter their 5 observations into an electronic FOG tracking system, which will be accessible by all departments involved in the FOG program. During the initial implementation period, the FE will receive a hauling manifest form, a certified list of haulers, and educational materials. The manifest is the required documentation to track the grease that was removed during the permitting period and at a volume matching that of the size of the interceptor. Cost Implications There are approximately 1,000 food establishments operating at any one time in the City of Dubuque. The annual permit fee proposal of $100 per FE and $50 per FE meeting the criteria established for reduced fee, is directly derived from the anticipated costs of the program, a copy of the proposed costs is attached. The annual cost of the program is slightly over $100,000 per year including labor, vehicle expense, and software/hardware to manage the program. A detailed cost analysis along with a request for tracking software may be found in the attached memorandum dated June 11, 2014. The potential cost implications to the City come in the form of a fine. The Consent Decree lists for each sanitary sewer overflow (SSO) the City shall pay a stipulated penalty of $1,000.00 per violation per day to the United States and the State. In addition, should the SSO occur following the corrective measures per Section V of the Consent Decree (between July 1, 2016 and June 30, 2017), the City shall be required to submit a Remedial Plan and Schedule to correct the operations and maintenance deficiency that led to the SSO and submit a report to the EPA and IDNR and the clock shall be reset for the full period of one year. The original Consent Decree avoided over $20 million in potential penalties. REQUESTED ACTION I respectfully request the City Council to adopt the ordinance amendments and approve the Policy for the FOG program. Enc. FOG Program Discharge Permit Fee Schedule cc: Jonathan Brown, Water & Resource Recovery Center Manager Rich Russell, Building Services Manager Mary Rose Corrigan, Health Services Manager Denise Ihrig, Environmental Engineer Crenna Brumwell, Assistant City Attorney 6 Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381 ORDINANCE NO. 42-14 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILITIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL PRETREATMENT PROGRAM BY ADDING DEFINITIONS RELATING TO FATS, OILS, AND GREASES (FOG) AND MODIFYING THE PUBLICLY OWNED TREATMENT WORKS DEFINITION; AND CREATING A NEW ARTICLE E FATS, OILS, AND GREASES (FOG) PROGRAM WHICH DIRECTS THE CITY MANAGER TO DEVELOP A WRITTEN FOG PROGRAM WHICH WILL GOVERN THE INSTALLATION, PROPER USE OF, MAINTENANCE, REPAIR, REPLACEMENT OF, AND RECORDKEEPING REQUIRED FOR SYSTEMS DISCHARGING FOG INTO THE PUBLICLY OWNED TREATMENT WORKS; AND AMENDING TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE TO RELECT A CHANGE IN THE INTERNATIONAL PLUMBING CODE PROVISION ADOPTING REGULATIONS OF GREASE INTERCEPTORS AND AUTOMATIC GREASE REMOVAL DEVICES TO REQUIRE MAINTENANCE IN ACCORDANCE WITH BOTH THE MANUFACTURER'S INSTRUCTIONS AND THE CITY OF DUBUQUE FOG PROGRAM AND TO ELIMINATE AN EXCEPTION FOR SMALL OUTDOOR INTERCEPTORS NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Title 13, Chapter 2, Article D of the City of Dubuque Code of Ordinances is amended to read as follows: 13-2D-2: DEFINITIONS: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated: FATS, OILS, AND GREASES (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. A wide range of food preparation activities including, but not limited to the following, can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activities that produce a food product in or on receptacles that require washing and/or cleaning. All are sometimes referred to herein as "grease", "greases", or "FOG". FOOD ESTABLISHMENT (FE): A place where food is prepared and intended for individual portion service, whether consumption occurs on or off the premises. These facilities include, but are not limited to, restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and any other facility preparing, serving or otherwise making any foodstuff available for consumption. PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works which is owned by a municipality as defined by Section 503(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes, and other conveyances that convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges. from such treatment works. For purposes of this ordinance, the terms "sanitary sewer system" and "POTW" may be used interchangeably. Section 2. Title 13, Chapter 2 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE E. FATS, OILS AND GREASES (FOG) PROGRAM 13-2E-1: PURPOSE: The purpose of this article is to set forth the uniform requirements for users of the City of Dubuque's publically owned treatment works (POTW) to capture and dispose of fats, oils, and greases (FOG) in accordance with all applicable local, state and federal laws. 13-2E-2: DEFINITIONS: For purposes of this Article the definitions contained in section 13-2D-2 are governing. 13-2E-3: PERMIT: A. All FEs proposing to connect to or contribute to the POTW must obtain a discharge permit before connecting to or contributing to the POTW. B. New FEs must complete and file with the city manager an application for a discharge permit prior to issuance of the certificate of occupancy and/or food establishment license. C. All existing FEs' connected to or contributing to the POTW must obtain and pay for a discharge permit in accordance with the approved program. D. Renewal Discharge Permit applications are due in accordance with the approved program. 13-2E-4: APPLICATION: FEs' required to obtain a discharge permit must complete and file with the city manager an application in the form prescribed by the city. 13-2E-5: PERMIT FEE: A permit application under this title must be submitted along with the required fee, as established by resolution of the city manager. 13-2E-6: FATS, OILS AND GREASES (FOG) PROGRAM: The city manager shall develop, with the approval of the city council, a written FOG program which shall govern the installation, maintenance, repair, replacement, licensing, enforcement and recordkeeping required for systems discharging FOG into the POTW. 13-2E-7: INSPECTION FEE: Routine inspections per the FOG program inspection cycle will incur no inspection fee. Subsequent inspections which follow a violation will be subject to additional inspection fees as established per the FOG program. 13-2E-8: VIOLATION: A failure to comply with the requirements of this article and/or program is punishable as provided in title 1 of this code. Each day of noncompliance with this article is a separate offense. 13-2E-9: ABATEMENT REMEDIES; PENALTIES: A. General: When any repair or abatement is deemed necessary by the city manager the city manager may attempt to procure repair or abatement of the condition. B. Abatement Described: Abatement includes, but is not limited to repairing, installing, removing, cleaning, draining, or securing a system discharging FOG into the POTW. C. Recovery Of Costs: Whenever a cost to repair or abate a condition in violation of this article is incurred by the city, the city manager shall prepare and certify the actual cost, including the expenses of investigating, inspecting, testing, notification, administration and court costs, to the city clerk who, in turn, shall certify such cost to the county treasurer, and it shall then constitute a lien against said property and be collected with and in the same manner as general taxes on said property. 13-2E-10: EMERGENCY ABATEMENT PROCEDURE: When the city manager determines that a condition in violation of this article constitutes an imminent and compelling danger to the health, safety or welfare of persons or property, the city manager is authorized to abate or cause to be abated the condition without prior notice to the owner. The costs of such action may be assessed against the property after notice to the property owner and hearing as required by law. Section 3. Title 14, Chapter 1, Article H of the City of Dubuque Code of Ordinances is amended to read as follows: 14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The following additions, deletions, modifications, or amendments of the international plumbing code, 2012 edition, adopted in section 14-1H-1 of this article to read as follows: Sec. 100303.1. Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be required to receive the drainage from fixtures and equipment with grease laden waste located in food preparation areas, such as in restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias and clubs. Fixtures and equipment shall include pot sinks, prerinse sinks; soup kettles or similar devices; wok stations; floor drains or sinks into which kettles are drained and automatic hood wash units. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that allow fats, oils or grease to be discharged. Where lack of space or other constraints prevent the installation or replacement of a grease interceptor, one or more grease interceptors shall be permitted to be installed on or above the floor and upstream of an existing grease interceptor. Sec. 1003.3.4. Grease interceptors and automatic grease removal devices. Grease interceptors and automatic grease removal devices shall be sized in accordance with PDI G101, ASME A112.14.3 Appendix A, or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be designed and tested in accordance with PDI G101, ASME A112.14.3 or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be installed in accordance with the manufacturer's instructions and maintained in accordance with the manufacturer's instructions and the City of Dubuque FOG Program. Section 4. This Ordinance takes effect upon publication. Passed, approved, and adopted the 7th day of J34ly, 2014. Attest: Kevin S. 44/ Roy D. Suol Mayor irnstahl, City CIeVi. STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 11, 2014, and for which the charge is $102.24. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /7z day of �urrf , 20 /$4 . )22 a -ay Notary Public in and for Dubuque County, Iowa. 04-11#, d ARY it WESTERM YER Comml®slon Number 164885 =,ice rs My Comm Exp.. FEB. 1 2O17 aw connect to br contrr1b-4 ute to the POTW must I obtain a discharge per- mit before' connecting to or contributing to r the POTW. B. New FEs must com- OFFICIAL piete and file with the PUBLICATION city manager an appli- ORDINANCE NO. 42-14 . .cation for a discharge AMENDING CITY OF permit prior to Issu- DUBUQUE CODE OF ance of the certificate ORDINANCES TITLE of occupancy and/or 13 PUBLIC UTILITIES, food establishment ,II- CHAPTER 2 SEWERS cense. AND SEWAGE IS- C. AV existingFEs' POSAL,ARTICLE D IN- connected to or•'contri- DUSTJIAL PRETREAT. buting to the: POTW tMENT PROGRAM BY must obtain and pay ADDING DEFINITIONS. for a discharge permit TRELATING TO FATS, . in accordance with the OILS, AND GREASES approved program. (FOG) AND MODIFY-D., Renewal Discharge ING THE.PUBLICLY Permit applicatlops are OWNED TREATMENT due in accordance with WORKS DEFINITION; the approved program. AND CREATING A 13-2E-4: APPLICA- NEW ARTICLE E FATS, TION: OILS, AND -GREASES . FEs' required to ob- (FOG), ROGRAM tain a discharge permit WHICH DIRECTS THE must complete and file CITY MANAGER TO with the city manager DEVELOP A WRITTEN an application in the FOG PROGRAM form prescribed by the WHICH WILL GOVERN city. THE INSTALLATION, 13-2E-5: PERMIT FEE: PROPER USE OF, A permit application MAINTENANCE, RE- under this title must be . PAIR, REPLACEMENT submitted along with OF, . AND RECORD- the required fee, as es- KEEPING' REQUIRED tablished by resolution FOR SYSTEMS DIS- of the city manager. CHARGING FOG INTO AND GREASES-6:TS,( (FLS OG) THE PUBLICLY PROGRAM: OWNED TREATMENT WORKS; AND The city manag@r AMENDING TITLE 14 • shall develop, with the BUILDING AND DE- approval of the city VELOPMENT, CHAP- council, a written FOG TER 1 BUILDING CO- program which shall DES ARTICLE M govern the installation, PLUju1BING CODE TO maintenance, repair, RELECT A CHANGE IN replacement, licensing, THE NITERNATIONAL enforcement '.and re- PLUMBING CODE cordkeeping required PROVISION ADOPT- for systems dlscharg- INC, REGULATIONS OF Ing FOG Into the POTW. GREASE INTERCEP- TORS AND AUTO- FEE: MATIC GREASE RE- - Routine inspections MOVAL DEVICES TO per the FOG program REQUIRE MAINTE- inspection cycle will in- NAN10E IN ACCORD- cur no inspection fee. Aug =•VOITH BOTH Subsequent Inspec-' THE MANUFACTUR- tions which follow a.vi- ER'S INSTRUCTIONS oration will be subject AND THE'CiTY OF DU- to additional Inspec- BUQUE FOG PRO- tion fees as establish- GRAM AND TO EMI- ed per the FOG pro- NATE AN EXCEPTION gram. FOR SMALL OUT- 13 2E 8: VIOLATION: DOOR INTERCEPTORS A failure to comply NOW, THEREFORE, withthe requirements BE IT ORDAINED BY of this article and/or THE CITY COUNCIL Program is punishable OF -THE CITY OF DU- 'as provided in title 1 of BUQUE, IOWAr this code. Each day of Section 1. Title 13, noncompliance with Chapter 2, Article D of this article is a sepa- the City of Dubuque rate offense. Code of Ordinances Is 13 2E-9: ABATEMENT amended tb read as REMEDIES; PENALTIES: follows; A. General: When any 13-ZD-2; DEFINITIONS: repair, or abatement Is Unless the context deemed- necessary by specifically indicates the clty manager the otherwise, the follow, city manager may at- ing terms and phrases, tempt to procure repair as used in thls article, or abatement •of the shall have, meanings condition. hereinafter designated: B. Abatement Descri- bed: Abatement in- FATS, OILS, AND crudes, but is not limit- GREASES (FOG): Or- ed to repairing, instal- genic polar compounds ling, removing, clean- derived from animal ing, draining, or secur- and/or plant sources ing a system discharg- that contain multiple ing FOG Into the POTW. carbon chain triglycer- C. Recovery Of Costs: ide molecules. These Whenever a cost to re- substances are detect- pair or abate a condi- able and `Measurable Um in violation of this using analytical test article 1s incurred by procedures established the city, the city man- in 40 CFR 136, as may ager shall prepare and be-amended from time certify the actual, cost, to time. A wide range including the expenses of food preparation ac- of investigating, in- tivities including, but g, estin, o not limited to the fol- ficationspectin, administration ta lowing, can generate' and court costs, to the fats. oils 'and arease: city clerk Who, in turn, IA112.14.4. Grease in- terceptors' and auto- matic grease removal devices shall be de- signed and tested in accordance with PDI G101, ASME A112.14.3 or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be installed in accord- ance with the manu- facturer's Instructions and maintained in ac- cordance with the manufacturer's in- structions and the City of Dubuque FOG Pro- gram. Section 4. This Ordi- nance takes effect upon publication. , Passed, approved, and adopted the 7th. day of July, 2014. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald newspaper en the llth day of July, 2014: /s/Kevin S. Flrnstahl, City Clerk 1t 7/11 41viUGS Incivaing, DUt .laceunY, WSLIFIg nOti not limited to the fol- ficatlon, administration ' lowing, can generate and court costs, to the fats, olls''and grease: city clerk Who, in turn, cooking by frying, bak- shall certify such cost -ing,,grilling, sauteing, to the county treasur- rotisserie cooking, er, and it ,shall then broiling, boiling, constitute a lien blanching, roasting, against said property toasting, poaching, in- and be collected with frared heating,, searing, and In the same man- barbequing or other ner as general taxes on food:preparation ectiv- said property. Itl6"that produce A 132E-.10. EMERGENCY food prod otln or on ABATEMENT PROCE- receptacle" that re- DURE: quire washing and/or When the city manag- cleaning. All are some- er determines that a times referred to here- condition in violation of In as 'grease'; this article constitutes "greases", or "FOG". an Imminent and com- FOOD ESTABLISH- Pelling danger to the MENT (FE):, A place ealth, safety or wel- wherefood Is prepared fare of'persons or and intended for indl property, the city man vlqual portion service, ager is authorized to \whe her consumption abate or cause to be occurs on or off the abated the condition premises. these facill- the ownthout errlThe cotice to osts of ties include but are not limited to, restau- - such action may be as - rants, food" manufac-sessed against the tyres;` food prortess Property after notice to ors commercial kitch- the 'property owner ens; oS Itals,schobis, and hearing ;as re hg e ` And mbteis, qulre'd bylaw. bdk eg, " caterers, Section 3. Title 14, sciroois; religious Ihsfi- Chapter 1, Article H of tutions, correctional fa- the City of Dubuque ' ciiitles, prisons, ntrs� Code of Ordinances is Ing'homess care faclli amended to read as ties, and any other fa- follows: . cility pl'eparing, sery 14-1H-2: _INTERNA - Ing _or otherwl`se mak- TIONAL PLUMBING Ing any foodstuff avail- CODE AMENDMENTS: able tor Ibnsumptlon. The following addl- . ,i_:-, - - tions, deletions, modifi 'PUBLICLY OWN i D cations, or amend - TREATMENT WORNS (POTW): A treatment works which Is oWned by. a .municipality as defined by Section 503(4) of the-Clean`Wa• ter Atfhi -definition Includes any devices and systems 'VW in the _stofage, treatment, recycling, and reciarnA- tlon of municipal sew- ments Of the interna- tional plumbing code, 2012 edition, adopted In section 14-1H-1 of this article to read as follows: •.Sec. 100303.1. Grease Interceptors and auto- matic grease removal devices required. A grease Interceptor or Ws or indus' rlal automatic grease re- stes of a ligtild tie- mortal device shall be ture It,also includes;ail required to receive the sifsj and oth drainage from fixtures e> eonv ces` that and equipment with cur�V$y W. s water to grease laden waste lo - a POTW • Treatment Gated In food prepara Plant. The term also tion areas, such as in means the rpunlclp Iity restaurants, hotel kit - as defined itt Section chens, hospitals, 502(4)' of the Act, school kitchens, bars, which has Jurisdiction factory cafeterias and over the indirect dis- equipment shall in the `sA f�`ori1 such clude pot sinks, tre ,•ent works. For , prerinse sinks; soup p ses of 'hr's ordi- kettles or similar devi- nariee;the terms "sant- ces; wok stations; floor tart' ler system" drains or sinks into a[l, ` W:" nWay be: which kettles are us, tl in changeably. drained and automatic •.hood wash units. Section 2. Title 13, Grease interceptors chapter 2 of the City of • and automatic grease Dubuque Code of'Ordi- removal' devices shall nances; i amended by receive waste only adding . the following from fixtures and ne article „_' equipment that allow • ARTICLE E. FATS, O(LS fats, oils or grease to AND GREASES (FOG) be discharged. Where PROGRAM lack of space or other 13-2E-1: PURPOSE: constraints prevent the The purpose of this installation or replace- aiticle is to set forth ment of a' grease inter - the uniform require- ceptor, one or more ments for users of the grease interceptors City of Dubuque's shall' be permitted to publlcal� owned treat be installed on or, moot work (POTW) to above the floor and un- do -Attire and dispose of stream of an existing. fats, 61Is• and- greases grease interceptor: ('O(-) ip accordance; • • with Aii+applicable lo- Sec. 1003.3.4. Grease cal, st "te and federal interceptors and auto laws �: matic grease removal 11,2E-2; DEFINITIONS: devices. Grease inter- br purposes.of this ceptors and automatic Articie-.theAdefinitIons grease removal devi- contained - in section ces shall be sized in ac - 1 � 13-2D-2 are governing. cordance with PDI 13-2E-3: PERMIT: 0101, ASME A112.14.3 A. All FES proposing to Appendix A, or ASME EFFECT OF AMENDMENT 13-2D-2: DEFINITIONS: Unless the context specifically indicates otherwise, the following terms and phrases, as used in this article, shall have meanings hereinafter designated: FATS, OILS, AND GREASES (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. A wide range of food preparation activities including, but not limited to the following, can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activities that produce a food product in or on receptacles that require washing and/or cleaning. All are sometimes referred to herein as "grease", "greases", or "FOG". FOOD ESTABLISHMENT (FE): A place where food is prepared and intended for individual portion service, whether consumption occurs on or off the premises. These facilities include, but are not limited to, restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and any other facility preparing, serving or otherwise making any foodstuff available for consumption. PUBLICLY OWNED TREATMENT WORKS (POTW): A treatment works as • _ _ - _ _ _ _ _ _ _ _ _ _ s which is owned by the citya municipality as defined by Section 503(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes allany cewcrc that convey wastewater to the POTW treatment plant, but providing treatment. For the purposes of this article, "POTW' shall include any sewers, pipes, and other conveyances that convey wastewater to the POTW Treatment Plant.from persons outside the corporate boundaries of the city who are, by contract or agreement with the city, users of the city of Dubuque's wastewater treatment facility. The term also means the municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For purposes of this ordinance, the terms "sanitary sewer system" and "POTW' may be used interchangeably. ARTICLE E. FATS, OILS AND GREASES (FOG) PROGRAM 13-2E-1. PURPOSE: The purpose of this article is to set forth the uniform requirements for users of the City of Dubuque's publically owned treatment works (POT') to capture and dispose of fats, oils, and greases (FOG) in accordance with all applicable local, state and federal laws. 13-2E-2: DEFINITIONS: For purposes of this Article the definitions contained in section 13-20-2 are governing. 13-2E-3: PERMIT. A. All FEs proposing to connect to or contribute to the POTW must obtain a discharge permit before connecting to or contributing to the POTW. B. New Fes must complete and file with the city manager an application for a discharge permit prior to issuance of the certificate of occupancy and/or food establishment license. C. All existing FEs' connected to or contributing to the POTW must obtain and pay for a discharge permit in accordance with the approved program. Formatted: Font Bold Formatted: Indent: Left: 0.5" D. Renewal Discharge Permit applications are due in accordance with the approved program. 13-2E-4: APPLICATION: FEs' required to obtain a discharge permit must complete and file with the city manager an application in the form prescribed by the city. 13-2E-5. PERMIT FEE: A permit application under this title must be submitted along with the required fee, as established by resolution of the city manager, ~ tFormatted: Font (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt 13-2E-6: FATS, OILS AND GREASES (FOG) PROGRAM: The city manager shall develop, with the approval of the city council, a written FOG program which shall govern the installation maintenance, repair, replacement, licensing, enforcement and recordkeeping required for systems discharging FOG into the POTW. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial 13-2E-7: INSPECTION FEE: Routine inspections per the FOG program inspection cycle will incur no inspection fee. Subsequent inspections which follow a violation will be subiect to additional inspection fees as established per the FOG program. Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt ?if Formatted: 13-2E-8: VIOLATION: y ,, Formatted: , A failure to comply with the requirements of this article and/or program 1s punishable as�f',`' ,r provided in title 1. of this code. Each day of noncompliance with this article is a separate]; offense. , Formatted: Font: (Default) Arial, 12 pt Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt, Not Bold / , Field Code 13-2E-9: ABATEMENT REMEDIES: PENALTIES:` %' -{ Field Code A. General: When any repair or abatement is deemed necessary by the city Formatted: manager the city manager may attempt to procure repair or abatement of the condition. Font: (Default) Arial, 12 Changed Changed Font (Default) Arial, 12 pt pt Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt B. .Abatement Described: Abatement includes, but is not limited to repairing Formatted: Font: (Default) Arial, 12 pt installing, ,removing, cleaning, draining, .or .securinga system dischargnq FOG into the Formatted: Font: (Default) Arial, 12 pt X55`; Formatted: Font (Default) Arial, 12 pt 44,\� C. . Recovery Of Costs: Whenever a cost to repair or abate a condition in violation of \o',,' ` this article is incurred by the city, the city manager shall prepare and certify the actuan, `54''5' cost, including the expenses of ,investigating„ inspecting, testing, notification, 454'4\,% '; Formatted: Font (Default) Arial, 12 pt J administration and court costs, to the city clerk who, in turn, shall certify such cost to they 5 , 4 county treasurer, and it shall then constitute a lien against said property and be ', 44t Formatted: Font: (Default) Arial, 12 pt J collected with and in the same manner as general taxes on said property. y,,,, 45t Formatted: Font (Default) Arial, 12 pt J 545 ,155 4,45 ' ,l When the city manager determines that a condition in violation of this article constitutes 4 `4',' Formatted: Font (Default) Arial, 12 pt J an imminent and compelling danger to the health, safety or welfare of persons or -1,,, 'it Formatted: Font (Default) Arial, 12 pt J property, the city manager is authorized to abate or cause to be abated the condition 44'y1{ 5,'t Formatted: Font (Default) Arial, 12 pt J without prior notice to the owner. The costs`of such action may be assessed against the 4 5 property after notice to the property owner and hearing as required by law, Formatted: Font (Default) Arial, 12 pt Formatted: Not Highlight ,13-2E-10: EMERGENCY ABATEMENT PROCEDURE:, Formatted: Font: (Default) Arial, 12 pt Formatted: Font: (Default) Arial, 12 pt ▪ 1 44 Y , l,5 15 1'55 Y5 4444 14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: Formatted: Font: (Default) Arial, 12 pt, Not Bold l Field Code Changed ',\ \\Field Code Changed The following additions, deletions, modifications, or amendments of the international `4 ` plumbing code, 2012 edition, adopted in section £14-1H-1 of this article to read as follows: 3 ▪ 4 , 4 Formatted: Font (Default) Arial, 12 pt 5, 4 { l Formatted: Font (Default) Arial, 12 pt `55 4'St Formatted: Font (Default) Arial, 12 pt ', Formatted: Not Highlight Formatted: Font (Default) Arial, 12 pt Sec. 1003.3.1. Grease interceptors and automatic grease removal devices required. A grease interceptor or automatic grease removal device shall be required to receive the drainage from fixtures and equipment with grease laden waste located in food preparation areas, such as in restaurants, hotel kitchens, tFormatted: Not Highlight Formatted: Not Highlight hospitals, school kitchens, bars, factory cafeterias and clubs. Fixtures and equipment shall include pot sinks, prerinse sinks: soup kettles or similar devices: wok stations: floor drains or sinks into which kettles are drained and automatic hood wash units. Grease interceptors and automatic grease removal devices shall receive waste only from fixtures and equipment that allow fats, oils or grease to be discharged. Where lack of space or other constraints prevent the installation or replacement of a grease interceptor, one or more grease interceptors shall be permitted to be installed on or above the floor and upstream of an existing grease interceptor. ,Sec. 1003.3.4. Grease interceptors and automatic grease removal devices. Grease interceptors and automatic grease removal devices shall be sized in accordance with PDI G101, ASME A112.14.3 Appendix A, or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be designed and tested in accordance with PDI G101, ASME A112.14.3 or ASME A112.14.4. Grease interceptors and automatic grease removal devices shall be installed in accordance with the manufacturer's instructions and maintained in accordance with the manufacturer's instructions and the City of Dubuque FOG Program. Formatted: Not Highlight Fats, Oils, and Grease (FOG) Discharge Permit Fee Schedule Does the organization have proof of Non -Profit or Tax Exemption status? Is the organ'zation able to quantify the number of events served? Annual Permit Fee: $100 1 Is the organization a licensed Non -Profit and serves food <100 events per year? 2 Does the organization not have City of Dubuque Food License and serve food <100 events per year? i 3 Is the organization Tax Exempt and serves food < 100 events per year? Annual Permit Fee: $50 1 An event is defined as a planned public or social occasion where awide range of food preparation activities including, but not limited to the following can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activity that produces a food product in or on receptacles that require washing and or cleaning. Each separate meal will be considered an individual event. For example, breakfast = 1 event, lunch =1 event, supper = 1 event. Fats, Oils, and Grease (FOG) Program Reference: City of Dubuque CMOM Ordinance No: Prepared by: iviasterpiece on the Mississippi 2014 Edition v.1 CITY OF DUBUQUE th 50 W 13 Street Dubuque, IA 52001 TABLE OF CONTENTS 1.0 PURPOSE 3 1.1 REQUIREMENTS 3 2.0 APPLICABILITY AND EXEMPTIONS 5 2.1 APPLICABILITY 5 2.2 EXEMPTIONS 5 3.0 LEGAL REQUIREMENTS 6 3.1 LEGAL REQUIREMENTS 6 4.0 DEFINITIONS 7 5.0 COMPLIANCE AND COMPLIANCE SCHEDULE REQUIREMENTS 10 5.1 COMPLIANCE 10 5.2 COMPLIANCE SCHEDULE 11 6.0 GREASE INTERCEPTOR:DESIGN, SIZING, AND INSTALLATION REQUIREMENTS 14 6.1 DESIGN AND SIZING REQUIREMENTS 14 6.1. BIOREMEDIATION 14 6.2 INSTALLATION REQUIREMENTS 15 7.0 CLEANING AND MAINTENANCE REQUIREMENTS 16 7.2 CLEANING SCHEDULES 17 7.3 MANIFEST REQUIREMENTS 18 8.0 RESPONSIBILITIES 19 8.1 CITY DEPARTMENTS 19 8.2 VENDORS 20 8.3 USER AND/OR GENERATORS 20 8.4. HAULERS 20 9.0 PERMIT AND FEES 22 10.0 PENALTIES 24 10.1 ENFORCEMENT POLICY 24 2 1.0 Purpose This program sets forth the uniform requirements for Users of the City of Dubuque's POTW to capture and dispose of fats, oils, and greases (FOG) in accordance with Ordinance No. 14 and enables the City to comply with all applicable state and federal laws, including the Clean Water Act, 33 U.S.C., § 1251, et seq.; and the General Pretreatment Regulations, Title 40 C.F.R. Part 403. No Food Establishment may intentionally or unintentionally allow the direct or indirect discharge of any fats, oils, or greases of animal or vegetable origin into the POTW system in such amounts as to cause interference with the collection and treatment system, cause pollutants to pass through the treatment works into the environment, or cause a violation of the General Discharge Prohibitions listed in Section 13-2D-4. 1.1 REQUIREMENTS This program seeks to meet that purpose instituting the following requirements: • Ordinance No. 14 states the City Manager shall develop, with the approval of the City Council, a written fats, oils and grease (FOG) program. The program shall govern a Food Establishment's FOG reduction and controlling methods including the installation, maintenance, repair, and replacement of FOG controlling devices. Food Establishments discharging waste to the POTW shall meet Title 13, Chapter 2, Article D (6) Specific Pollutant Limitations. • Food Establishments shall control FOG discharge through installation of FOG control devices (International Plumbing Code, Chapter 10) and through the use of Best Management Practices (BMPs). 1.2 PROGRAM IMPLEMENTATION For Food Establishments, in operation prior to the adoption of Ordinance 14 the City shall implement the FOG program requirements in three (3) phases based on the following Establishment criteria: • Health Services Department menu designation (High, Medium, and Low Risk) • The City's documentation showing Sanitary Sewer Overflows downstream of a Food Establishment (FE) • Historic violations of the FOG program and its ordinance • The FE's FOG Operation and Maintenance Management Plan 3 The implementation schedule is as follows: Phase 1: High Risk Establishments • Notification of High Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than January 1, 2015 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. Phase 2: Medium Risk Establishments • Notification of Medium Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than July 1, 2015 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. Phase 3: Low Risk Establishments • Notification of Low Risk Designation on or about July 31, 2014 • Permit Application and Fee Due No Later than January 1, 2016 • FOG Maintenance and Management Plan due no later than 30 days following Permit issuance. 4 2.0 Applicability and Exemptions 2.1 APPLICABILITY All non-domestic Users of the Publicly Owned Treatment Works (POTW), as defined in Section 4 of this Program and as similarly defined in 13-2D-2 are subject to the requirements of this program. All Food Establishments discharging FOG -laden wastewater in excess of the limits set forth in 13-2D-6 are subject to the requirements of this program. Both new and existing facilities that generate fats, oils, or greases as a result of food manufacturing, processing, preparation, or food service shall be subject to these requirements. Further those establishments engaged in the activity of preparing, serving, or otherwise making food available for consumption by the public, which use one or more of the following preparation methods: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, infrared heating, searing, barbecuing, and any other method of food preparation that produces or may produce hot, non -drinkable food product in or on a receptacle that requires washing shall install, use, and maintain appropriate grease interceptors as required in 14-1 H-2 International Plumbing Code Amendments and shall be designed and sized in accordance with Section 6 of this Program. These facilities include but are not limited to restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and other facilities that may prepare, serve, or otherwise make any foodstuff available for consumption. 2.2 EXEMPTIONS Facilities that only reheat or assemble ready to eat food products until such time as they meet the requirements of this program. Change of use shall prompt compliance with this program and its ordinance. Private living quarters (such as single-family homes and single dwelling units in multiplexes, condominiums or apartment complexes, etc.). Change of use meeting uses defined in Section 2.1 shall prompt compliance with this program and its ordinance. There are no further exemptions to this program, other than those stated herein. 5 3.0 Legal Requirements 3.1 LEGAL REQUIREMENTS Act/Regulation Summary of Requirements Penalty/Fine Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation's Waters - Federal Water Pollution Control Act Fine, Imprisonment, or Both per 33 U.S.Code 1319 - Enforcement Title 13, Chapter 2, Article D (3) of the City of Dubuque Code of Ordinances The code provides the approved definitions of FOG and POTW. Title 1, Chapter 4, B. Penalties of the City of Dubuque Code of Ordinances. Civil Action No. 2:11- cv-01011 EJM City of Dubuque entered into a consent decree on Civil Action No. 2:11-cv-01011 EJM, with the Environmental Protection Agency (EPA) on June 27, 2011. Pursuant to Section V, Part 13 of the Consent Decree, the City shall establish a Collection system Management, Operation and Maintenance (CMOM) program which provides for a Fats, Oils, and Grease (FOG) management program. 6 4.0 Definitions Act: Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. Best management practices (BMPs): Methods or techniques found to be the most effective in achieving an objective such as preventing or minimizing pollution. For this program, BMPs refer to methods and techniques used by Food Establishments and food manufacturers/processors and other facilities that may have an impact on the sewer system by the deposition of FOG, to prevent or minimize the deposition of fats, oils, and grease from cooking, baking, processing, manufacturing, and other processes in private sewer laterals and public sewer lines, structures, and wastewater treatment facilities. An example of a BMP is scraping or dry -wipe excess food and solidified grease from pots, pans, fryers, utensils, screens and mats, then disposing of it in the trash. BOD: The value of the 5 -day test for Biochemical Oxygen Demand, per Title 40 CFR 136. CITY: The City of Dubuque, including the publicly owned treatment works (POTW) owned by the City of Dubuque, as defined by section 502(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes, and other conveyances that convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For purposes of this program, the terms "sanitary sewer system" and "POTW" may be used interchangeably EVENT: A planned public or social occasion where a wide range of food preparation activities including, but not limited to the following can generate fats, oils and grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activity that produces a food product in or on receptacles that require washing and or cleaning. Each separate meal will be considered an individual event. For example, breakfast = 1 event, lunch = 1 event, supper = 1 event. EPA: The United States Environmental Protection Agency. Fats, oils, and greases (FOG): Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases." A wide range of food preparation activities including, but not limited to the following can generate fats, oils and grease: cooking by frying, 7 baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing or other food preparation activity that produces a food product in or on receptacles that require washing and or cleaning. All are sometimes referred to herein as "grease", "greases", or "FOG". Food Establishment (FE): A place where food is prepared and intended for individual portion service, whether consumption occurs on or off the premises. These facilities include, but are not limited to, restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and any other facility preparing, serving or otherwise making any foodstuff available for consumption. Grease interceptor: An appurtenance or appliance that is installed in a sanitary drainage system to intercept non- petroleum fats, oils and grease (FOG) from a wastewater. There are two types of Grease interceptors, Gravity Grease Interceptors and Hydro -mechanical Grease Interceptors (passive and automatic) Gravity Grease Interceptor: Plumbing appurtenances of not less than 500 gallons capacity that are installed in the sanitary drainage system to intercept free-floating fats, oils and grease from wastewater discharge. Separation is accomplished by gravity during a retention time of not less than 30 minutes. Gravity Grease Interceptors shall be installed outside for ease of inspection and grease hauling. Hydro -mechanical Grease Interceptor: A passive plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non -petroleum fats, oils, and grease (FOG) from a wastewater discharge and is identified by flow rate, and separation and retention efficiency. The design incorporates air entrainment, hydro mechanical separation, interior baffling, and/or barriers in combination or separately, and an External flow control, with air intake (vent). Product must be approved the City of Dubuque's Building Department. City approved devices as per the Plumbing Drainage Institute. Grease Removal Device (GRD): a type of hydro -mechanical grease interceptor (HGI) that treats kitchen wastewater from Food Establishments (FEs) and are equipped with automatic grease removal features. They are typically installed indoors and connected to one to four sinks in the kitchen. They accumulate fats, oil and grease (FOG) in a relatively small separator tank. The accumulated FOG is automatically removed from the GRD and transferred to a separate FOG waste container. Product must be approved the City of Dubuque's Building Department. City approved devices as per the Plumbing Drainage Institute. Grease Waste: Material collected in and from a grease interceptor in the sanitary sewer service line of a commercial, institutional, or industrial food service or processing establishment, including the solids resulting from de -watering processes. 8 FOG Disposal System: A grease interceptor that reduces non -petroleum fats, oils, and grease (FOG) in effluent by separation, mass, and volume reduction. Indirect Discharge or Discharge: The introduction of pollutants into a POTW from any non-domestic source. Interference: A discharge which alone or in conjunction with a discharge or discharges from other sources inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal, or is a cause of a violation of the City's NPDES permit. pH: The measure of the relative acidity or alkalinity of water and is defined as the negative logarithm (base 10) of the hydrogen ion concentration. POTW or Publicly Owned Treatment Works: A treatment works which is owned by a municipality as defined by section 503(4) of the Clean Water Act. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes, and other conveyances that convey wastewater to a POTW Treatment Plant. The term also means the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect discharges to and the discharges from such treatment works. For purposes of this program, the terms "sanitary sewer system" and "POTW" may be used interchangeably. Waste Hauler: Means a person who is registered with and authorized by the City to transport sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap waste, grease interceptor/trap waste or any other waste produced by an industrial user in accordance with current federal, state, and local regulations. For a waste hauler that intends to pick up grease waste from any food establishment, the owner of the waste hauling business and all drivers/operators shall satisfactorily complete a training course on grease interceptor cleaning offered by the City. TSS: The value of the test for Total Suspended Solids, per Title 40 CFR 136 User: Any person, including those located outside the jurisdictional limits of the city, who contributes, causes or permits the contribution or discharge of wastewater into the POTW, including persons who contribute such wastewater from mobile sources. 9 5.0 Compliance and Compliance Schedule Requirements 5.1 COMPLIANCE 5.1.1 FOG Operation and Maintenance Management Pian FE's are required to submit a FOG Operation and Maintenance Management Plan to the City of Dubuque's Building Department, Planning Department, and the POTW's Pretreatment Coordinator. Upon approval of the plan, the FE shall then be provided with approved grease hauler information, educational materials, FOG program documentation requirements, and inspection frequency schedule. The FE shall be monitored by the City. Minimum submittal requirements of the FOG Operation and Maintenance Management Plan are as follows: • Contact information • Type and Category of FE • Operation of the FE • Proposed BMPs and FOG control devices. • Facility Layout • Authorized Signature(s) The City shall provide forms to complete the FOG Operation & Maintenance Management Plan. FE's shall submit the manufacturer's drawings of the existing/proposed interceptor. FE's are required to submit a kitchen or food preparation layout plan and scaled drawings. Existing FE's not undergoing remodel or menu changes shall submit a kitchen layout based on the best information known. For new, renovated, or change of ownership or transfer the FE shall submit a layout plan prepared by qualified professional. Qualified professionals include: • Licensed Professional Engineers, including State of Iowa Licensed Professional Engineers for Site Design, • State of Iowa licensed/master plumbers, • State of Iowa licensed Architects. 10 Should no further instruction be provided, plans shall be prepared in compliance with the Iowa Statewide Urban Design and Specifications (SUDAS) program and the City of Dubuque's Supplemental Specifications. 5.1.2 Prohibited Practices No person shall introduce, or cause, permit, or suffer the introduction of any surfactant, solvent or emulsifier into a grease interceptor. Surfactants, solvents, and emulsifiers are materials which allow the grease to pass from the grease interceptor into the collection system, and include but are not limited to enzymes, soap, diesel, kerosene, and other solvents. No dishwashers, food grinders, or sanitary waste pipe lines shall be plumbed to the grease interceptor. 5.1.3 Monitoring The City has the right to enter the premises of any FE or potential FE to determine whether the FE is complying with all requirements of this program, pursuant to 13-2D- 11. FE's must allow the City ready access to all parts of the premises for the purposes of inspection, sampling, records examination and copying, and the performance of any additional duties. Frequency of inspection, beyond the initial phase in of the program, shall be determined upon the following: • Health Services Department menu designation (High, Medium, and Low) • The City's documentation showing Sanitary Sewer Overflows downstream of a Food Establishment (FE) • Historic violations of the FOG program and its ordinance • The FE's FOG Operation and Maintenance Management Plan If the City has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate cause to believe that there may be a violation of this program, the City may seek issuance of an administrative search warrant. If the City has reason to suspect that public health and well-being may be endangered by the FE's refusal of admittance, the City may seek to bar the public from the premises until access has been granted and compliance with the program and its ordinance is confirmed. 5.2 COMPLIANCE SCHEDULE Failure to meet the full requirements and schedule of this program shall be considered a Municipal Infraction under Titlel , Chapter 4 of the City of Dubuque's ordinances. 11 5.2.1 New or Renovated Facilities Food processing or Food Establishments (FE) which are newly proposed or constructed, or existing facilities which will be expanded or renovated to include a food service facility, or where such facility did not previously exist, shall be required to design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes and applicable ordinances. New FEs must submit a FOG operation and maintenance management plan at the time of building/development review. The FOG operation and maintenance management plan shall follow the requirement in Section 5 of this program. All grease lines must pass through the grease interceptor. The plan shall be reviewed for compliance by the Building Department, Health Services, and as necessary, the Engineering Department. The FE shall submit a Discharge Permit Application and Fee. A plumbing permit will not be granted until the FOG operation and maintenance management plan, application permit and fee are approved by all necessary departments. Grease interceptors shall be installed and inspected by the City prior to issuance of a Certificate of Occupancy. 5.2.2 Change or Transfer of Ownership Prior to issuance of a Food License, or Certificate of Occupancy the new owner shall contact the City's Building Department and Health Services Department. The new owner must submit their FOG operation and maintenance management plan with their Food License application. Should the property not meet the criteria of this program and/or its ordinance(s) the FE user must design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes and applicable ordinances. The FOG operation and maintenance management plan shall follow the requirement in Section 5 of this program. All grease lines must pass through the grease interceptor. The plan shall be reviewed for compliance by the Building Department, Health Services, and as necessary, the Engineering Department. The FE shall submit a Discharge Permit Application and Fee. A Food License permit will not be granted until the FOG operation and maintenance management plan, application permit and fee are approved by all necessary departments. 5.2.3 Existing Facilities Existing FE's shall be subject to the Implementation Schedule identified in Section 1 of this program and its associated ordinance as adopted by the City Council. Existing grease interceptors must be operated and maintained in accordance with the manufacturer's recommendations and in accordance this program and be documented as such in the FOG operation and maintenance management plan. Should an existing grease interceptor not meet the requirements stipulated in this program or the City's applicable ordinances, the applicant must upgrade, supplement, or replace the existing interceptor within the compliance timeframe shown in the implementation schedule. The new interceptor design shall be subject to review procedures stated in 5.1.1 of this 12 section. For the user of an Existing FE without a grease interceptor, the user must design, install, operate and maintain a grease interceptor in accordance with locally adopted plumbing codes and applicable ordinances within the compliance timeframe shown in the implementation schedule. The existing FE must submit a FOG operation and maintenance management plan including detailed drawings showing full plumbing layout with separation of grease lines from domestic waste lines. All grease lines must pass through the grease interceptor. The plan shall be reviewed for compliance by the Building Department, Health Services, and as necessary, the Engineering Department. The FE shall submit a Discharge Permit Application and Fee. Failure to comply with this program and its ordinance(s), the FE will be subject to 1-4-2 Civil Penalties. 13 6.0 Grease Interceptor: Design, Sizing, and Installation Requirements 6.1 DESIGN AND SIZING REQUIREMENTS Applicable Design and Performance Standards, Latest Editions of: • ASTM C1613: Standard Specification for Precast Concrete Grease Interceptor Tanks • ASTM F2649: Standard Specification for Corrugated High Density Polyethylene (HDPE) Grease Interceptor Tanks • ASME A112.14.3: Grease Interceptors • ASME A112.14.4: Grease Removal Devices • ASME A112.14.6: FOG (Fats, Oils, and Greases) Disposal Systems • IAPMO/ANSI Z1001: Prefabricated Gravity Grease Interceptors • UPC Chapter 10: Traps/Interceptors and Separators • PDI G101: Testing and Rating Procedure for Grease Interceptors with Appendix of Sizing and Installation Data. Grease interceptor capacity calculations shall be performed by each FE User and/or Generator based on size and type of operation according to the formulas contained in the sizing guidelines in the most current edition of the UPC. To ensure the correct size is determined, design considerations shall extend to surge flow design and minimization of sulfides. The minimum wet volume of any one unit shall be 500 gallons and the maximum wet volume of any one unit shall be 10,000 gallons.. Stamped and sealed calculations performed by a qualified professional, must be submitted to the City of Dubuque's Building Department along with the 3rd -party shop drawings of the proposed interceptor, for review and approval prior to issuance of a plumbing permit or food license permit, as applicable. Example calculation sheet shall be available from the City upon request. Hydro -mechanical and Gravity Grease interceptors shall be equipped with devices to control the rate of water flow so that the water flow does not exceed the rated flow. The flow -control device shall be vented and terminate not less than 6 inches (152mm) above the flood rim level or be installed in accordance with the manufacturer's instructions. Hydro -mechanical Grease Interceptors including GRDs, where permitted by the City, must be designed to meet this section. 6.1. BIOREMEDIATION Bioremediation media shall only be used with approved FOG Disposal Systems. User and/or Generator must submit request to utilize bioremediation media, and receive 14 written permission from the POTW before implementation of bioremediation media. The request must demonstrate that the FE has an appropriate FOG system in place, in accordance with ASME A112.14.4 and shall be subject to appropriate testing as necessary. All tests to determine TSS, BOD, COD, pH, and other pollutant levels shall meet the testing requirements in accordance with Title 40 CFR, Part 136. Testing shall be open to inspection by the POTW. 6.2 INSTALLATION REQUIREMENTS Interceptor Location: a grease interceptor shall be installed on a separate building sewer line servicing only kitchen or food manufacturing/processing flows and shall be connected only to those fixtures or drains which would allow FOG to be discharged. This includes, but is not limited to: • Pot sinks; • Pre -rinse sinks; • Any sink into which FOG are likely to be introduced; • Clean -in-place cooking equipment; • Wok stations; • Floor drains or sinks into which kettles may be drained; • Automatic hood wash units; • Any other fixtures or drains likely to allow FOG to be discharged. Gravity grease interceptors are intended for below -ground installation and shall be located outside of the building, preferably close to the kitchen or production/processing area where FOG may be discharged. They shall be easily accessible for servicing and inspection including access by a pumper truck, at all times. Parking, other than for emergency vehicles, shall not be allowed over any of the access manholes. Grease removal devices (automatic hydro mechanical interceptors), as permitted, shall be located downstream of each fixture or multiple fixtures in accordance with the manufacturer's instructions. The GRD shall be sized to pretreat the measured or calculated flows for all connected fixtures or equipment. Ready access shall be provided for inspection and maintenance at all times. 15 7.0 Cleaning and Maintenance Requirements 7.1 GENERALLY Grease interceptors shall be maintained in an efficient operating condition at all times, in accordance with the manufacturer's recommendations. All grease interceptor waste shall be properly disposed of at an approved facility in accordance with federal, state, and local regulation. The FE and waste hauler shall submit to the City on its hauling manifest the final destination of the disposed waste. Each grease interceptor when cleaned shall be fully evacuated (pumped) and secured (lids placed correctly to prevent storm water entry) following the evacuation; and shall be subject to City inspection. Grease interceptors shall be evacuated by waste haulers certified by the City, unless Self -Cleaning approval has been sought by the FE and approved by the POTW. A certified waste hauler list shall be provided by the City. 7.1 HYDRO -MECHANICAL GREASE INTERCEPTORS ONLY, WITH SELF-CLEANING AUTHORIZATION Self-cleaning User and/or Generators must receive approval from the POTW to remove grease from their own grease hydro -mechanical grease interceptors. The following conditions shall apply: • The grease interceptor is no more than 100 GPM size • Proper on-site material disposal methods are implemented (e.g.absorb liquid into solid form and dispose into trash); • Grease waste is placed in a leak proof, sealable container(s) located on the premises and in an area for the hauler to pump -out; and • Detailed records are maintained and submitted to the City, per the approved manifests as available from the City. Self-cleaning FE's must submit a completed FOG Operation and Maintenance Management Plan. Self -cleaners must adhere to all the requirements; procedures and detailed record keeping outlined in their approved FOG Operation and Maintenance Management Plan, to ensure compliance with this program and its ordinance. 16 Violations incurred by Self -cleaners will be subject to enforcement action including fines and/or removal from the self -cleaner program. 7.2 CLEANING SCHEDULES Grease interceptors shall be cleaned as often as necessary to ensure that sediment and floating materials do not accumulate to impair the efficiency of the grease interceptor as designed and approved; to ensure the discharge is in compliance with local discharge limits; and to ensure no visible grease is observed in discharge. The cleaning schedule must be recorded in the FE's completed FOG Operation and Maintenance Management Plan. Grease interceptors shall be completely evacuated a minimum of every thirty (30) days, or more frequently when: • twenty-five (25) percent or more of the wetted height of the grease trap or grease interceptor, as measured from the bottom of the device to the invert of the inlet/outlet pipe of each chamber, contains floating materials, sediment, oils or greases. Each chamber shall be evaluated separately for the purposes of measurement and the requirement for evacuation; or • the discharge exceeds BOD, TSS, FOG, pH, or other pollutant levels established by the POTW; or • as necessary to prevent effluent from exceeding the limits per City of Dubuque Ordinance Title 13, Chapter 2 Article D (6), visible grease exiting the interceptor through the outlet pipe shall be considered a violation of the limits, or • there is a history of non-compliance with this program, or • the cleaning schedule as recorded by the FE in the FOG Operation and Maintenance Management Plan does not meet the conditions of this program or does not list a cleaning schedule meeting the manufacturer's or designer's recommendations. Any FE with a grease interceptor must submit to the POTW a cleaning schedule in the FOG Operation and Maintenance Management Plan. If the proposed cleaning schedule is different than the minimum standard of every thirty (30) days it shall, in no event, exceed a maximum time between clean -outs of one -hundred eighty (180) days. All proposed schedules must be approved by the City of Dubuque. The maximum period may be decreased based on the inspection records, and shall be subject to inspection during waste removal. 17 7.3 MANIFEST REQUIREMENTS Each pump -out of a grease interceptor must be documented on a City provided manifest. The FE and the Hauler shall maintain a record of each individual collection and deposit in the form of a manifest. The manifest shall at a minimum include: • name, address, telephone, and POTW registration number of waste hauler; • name, signature, address, and phone number of the person who generated the waste and the date collected; • type and amount(s) of waste collected or transported; • name and signature(s) of responsible person(s) collecting, transporting, and depositing the waste; • date and place where the waste was deposited; • identification (permit or site registration number, location, and operator) of the facility where the waste was deposited; • name and signature of facility on-site representative acknowledging receipt of the waste and the amount of waste received; • the volume of the grease waste received; and • a consecutive numerical tracking number to assist transporters, waste generators, and regulating authorities in tracking the volume of grease transported. The Hauler shall distribute completed Manifests to the following groups: • The FE at the time of interceptor evacuation. • The approved receiving facility • The POTW, if not the receiving facility. • The waste hauler, who shall retain all manifests showing the collection and disposition of waste for three (3) years. • One copy of the manifest shall be returned by the waste hauler to the FE within 15 days after the waste is received at the disposal or processing facility. Copies of manifests returned to the FE shall be retained for three (3) years and be readily available for review by the City. 18 8.0 Responsibilities 8.1 CITY DEPARTMENTS Key Department Responsibility W&RRC (POTW) • Maintains records and manages the FOG Program, including the manifest documents( in FOG Tracking Software) • Maintains FOG Program with current Standards and Practices • Maintains and Updates the FOG Tracking System • Approves FOG Operation and Maintenance Management Plans in consult with the Building and Health Services Departments • Enforces cleaning schedule and communicates with Health Services/ Building Department/Engineering Department of any correspondence or outstanding issues • Authorized to request Inspections and Testing, in addition to routine inspections • Is an approved Grease Disposal Center • Maintains List of Certified Haulers • Provides Waste Hauler Certification training course and registers Waste Haulers. Building • Consult to the POTW for approval of FOG Operation and Department(City) Maintenance Management Plans • Reviews and Approves New and Replacement Grease Interceptor plans • Inspects New and Replacement Grease Interceptor Installations • Verifies products are on the Approved Vendor and Product List • Ensures the program reflects accurate specifications for Grease Interceptors • Provides updates into FOG Tracking System • Provides Educational Meetings and handouts to plumbers and contractors including information on Permits and Fees Health Services (City) • Consult to the POTW for approval of FOG Operation and Maintenance Management Plans • During/prior to routine inspections verifies grease collection and hauling manifests are on record with the POTW • Provides updates into FOG Tracking System • Communicates with Building Services to coordinate new, existing, and change of User and/or Generators, menu lines, or practices at the FE • Provides education to User and/or Generators on Best Management Practices for approved disposal and cleaning methods 19 8.2 VENDORS Product vendors shall provide the City of Dubuque's Building Department with current specifications and manufacturer's literature for the City's review. Vendors shall provide education on the product to the FE and to City staff as necessary. 8.3 FOOD ESTABLISHMENTS Best Management Practices must be posted at the food preparation and cooking area and are subject to enforcement and inspection. FE's are responsible for the preparation and submittal of a FOG Operation and Maintenance Management Plan, compliance with the City of Dubuque's FOG Program and its associated ordinance(s). FE's are responsible for scheduling waste hauling and cleaning of their grease interceptor(s) in compliance with the FOG Operation and Maintenance Management Plan FE's are responsible for the correct disposal of waste to an approved disposal site. FE's that are also Self -Cleaners are responsible for obtaining approval as a Self - Cleaner. 8.4. HAULERS Waste Haulers are responsible for obtaining certification as an permitted hauler prior to hauling waste from an FE, completing manifests, and disposing of the FE's waste at the POTW or other authorized waste receiving facility. Proof of authorization is required if not the City of Dubuque POTW. 20 • • Informs User and/or Generators of Permit and Fee requirements Provides education on Best Management Practices at the User and/or Generator's FE Public Works (City) • Through CMOM keeps Engineering updated of new grease locations or reduction of grease related SSOs — compliance with Consent Decree Legal (City) • Ordinance • Penalties/Citations • Administrative Search Warrants Engineering (City) • Assistance as necessary to all departments • Provides FOG Inspections • Inspects FOG generating facilities 8.2 VENDORS Product vendors shall provide the City of Dubuque's Building Department with current specifications and manufacturer's literature for the City's review. Vendors shall provide education on the product to the FE and to City staff as necessary. 8.3 FOOD ESTABLISHMENTS Best Management Practices must be posted at the food preparation and cooking area and are subject to enforcement and inspection. FE's are responsible for the preparation and submittal of a FOG Operation and Maintenance Management Plan, compliance with the City of Dubuque's FOG Program and its associated ordinance(s). FE's are responsible for scheduling waste hauling and cleaning of their grease interceptor(s) in compliance with the FOG Operation and Maintenance Management Plan FE's are responsible for the correct disposal of waste to an approved disposal site. FE's that are also Self -Cleaners are responsible for obtaining approval as a Self - Cleaner. 8.4. HAULERS Waste Haulers are responsible for obtaining certification as an permitted hauler prior to hauling waste from an FE, completing manifests, and disposing of the FE's waste at the POTW or other authorized waste receiving facility. Proof of authorization is required if not the City of Dubuque POTW. 20 Certified Waste Haulers must have satisfactorily completed a course of training on grease interceptor cleaning offered by the POTW, if disposing of waste at the POTW. Haulers are responsible for the accurate completion and submittal of manifests in accordance with the City of Dubuque's FOG Program. Haulers are responsible for verifying Grease Disposal locations are approved for such waste prior to hauling and providing the FE with documentation showing such authorization to dispose of grease laden waste, if other than the City of Dubuque's POTW. 21 9.0 Permit and Fees In compliance with Title 13, Chapter 2(E) (2): PERMIT, the City of Dubuque requires all FEs proposing to connect to or contribute to the POTW to obtain a FOG Discharge Permit. The permit will be issued upon receipt of a FOG Operation and Maintenance Management Plan along with a completed application for a Discharge Permit. A permit shall be valid for a period of one (1) year. The FE is responsible for annual permit renewal, which may include completion of a new application and/ or updating the FOG Operation and Maintenance Management Plan. A Discharge Permit fee is established by the City Manager at $100 and $50. A reduced permit fee is for eligible FE's meeting the requirements shown on the FOG Discharge Permit Fee Chart. Renewal Permit Fees shall be determined using the same chart. The annual permit fee shall be paid at the time of application. The application and fee are due no later than shown in Section 1.2 Implementation Schedule of this program for existing FE's, with renewals scheduled on the anniversary date from the implementation due date. For new, renovated, or transferred ownership FE's, the annual permit fee will be due at the time of application and renewals shall be due on the anniversary date of the original Discharge Permit application. A separate application and fee is due for each grease interceptor on a property if servicing separate sewer lines having a separate connection to the POTW. FE's shall be subject to grease interceptor inspections. The inspection schedule shall be based on any or all the following: • Health Services Department menu designation • The City's documentation showing Sanitary Sewer Overflows downstream of an FE • Historic violations of the FOG program and its ordinance • The FE's FOG Operation and Maintenance Management Plan Routine Inspections conducted within the approved inspection cycle shall be at no additional charge to the FE. Subsequent inspections that are required following a Notice of Violation during the designated inspection period shall be subject to additional inspection fees. The fees are established as follows: • 1st Re -inspection - $50 • 2nd Re -inspection - $100 22 • Additional Inspections - $150 per visit All fees are payable in full no later than thirty (30) calendar days following the date of the follow up inspection. 23 10.0 Penalties Should the United States, the State of Iowa, and/or the City of Dubuque determine a User and/or Generator has failed to perform in accordance with this program, its ordinance, or committed an act prohibited by this program, the City will seek penalties in accordance with Section III of this Program. Enforcement of the program shall be per the City's Enforcement Plan. The City may enter into consent orders, assurances of voluntary compliance or other similar documents establishing that an agreement has been reached with a previously noncompliant User and/or Generator. Such orders will include specific actions to be taken by the User and/or Generator to correct the noncompliance within a time period specified by the order. 10.1 ENFORCEMENT POLICY The goal of the City of Dubuque's FOG Program is to ensure compliance with all applicable local, state, and federal regulations and avoid both private and public sector sanitary sewer overflows. The program's primary concern in every enforcement scenario is to correct the problem that caused the violation. Violations Resulting in Non -Compliance 1. Failure to Submit an Application for Discharge Permit. 2. Failure to Submit a FOG Operation and Maintenance Management Plan in accordance with the timeframes specified in the FOG Program. 3. Failure to Follow Manifest Requirements as stipulated in the FOG Program. 4. Failure to post Best Management Practices in accordance with the FOG Program. 5. Operation of a Food Establishment without a Grease Interceptor as defined by City of Dubuque's FOG Program beyond that timeframe required by the City. 6. Failure to install a Grease Interceptor and associated plumbing such that it does not function to prevent grease from leaving the controlling device. 24 7. Failure to maintain a Grease Interceptor in accordance with the FOG Program or the submitted FOG Operation and Maintenance Management Plan. 8. Falsification of Manifest data. Description of Enforcement Response as a result of Non -Compliance Generally, the city follows an escalating enforcement process for recurring violations. A recurring violation is one in which the same type of violation occurs during the annual (12 month) permitting period, the violation(s) occur seasonally rolling into multiple permitting periods (>12months), or any other pattern of non-compliance is shown. AFE may also be classified as a chronic violator when there are three or more unrelated violations in a calendar year. However, the city reserves the right to use any remedy available at law to address violations. Notice of Violation (NOV): A Notice of Violation will be issued via mail or in person and provide an immediate notice of the violation. In general, an NOV is the method the City will use to communicate the violation to the FE User/Generator. All NOVs will be in writing and maintained by the City. Issuance of a Notice of Violation may prompt the City to perform an inspection or a re -inspection. Issuance of a Municipal Infraction: Any employee authorized by the city manager may issue a municipal infraction. A municipal infraction will be issued upon omission or failure to perform any act or duty required by the City of Dubuque code and its FOG Program. Recurrent Notice of Violations within the same permit period will be subject to repeat municipal infractions. Issuance of a citation may result from escalating or repeated enforcement action for a violation when a User/Generator fails to respond to previous enforcement actions. Termination or Suspension of Service: If a violation of any provision of the FOG Program or city code is found to exist or if a discharge of wastewater causes or threatens to cause a condition of contamination, pollution or nuisance, and when deemed necessary by the City Manager for the preservation of public health or safety or for the protection of public or private property, he may suspend sewer service to any person or persons using the POTW in a manner or way to endanger the public health or safety, or public or private property. In suspending service he may sever all pertinent connections to the public sewer. If such endangerment is imminent, then the City Manager may act immediately to suspend sewer service without notice or warning to said person or persons. 25 Referral to the Environmental Protection Agency and/or the Department of Natural Resources: For violations that may warrant criminal prosecution, the City of Dubuque will refer the case to the EPA or the State for further action. Referring such cased to the EPA or the State does not preclude the City from taking an administrative or civil enforcement action. Timeframes for Enforcement Response and Corrective Action For violations a Notice of Violation will be presented at the time of Inspection, if applicable. For violations occurring from failure to submit documentation including Discharge Permits and subsequent renewals, a Notice of Violation will be sent via the United States Postal Service. Corrective action is required within seven (7) calendar days of the date of the NOV. Penalties are listed on the City of Dubuque's FOG Program Violation Schedule of Penalties. For the following violations, enforcement and corrective actions are: Operation of a Food Establishment without a Grease Interceptor — Initial communication will be via Notice of Violation or municipal infraction alerting the FE of the violation. A corrective action plan stipulating the installation date of a grease interceptor as defined by the FOG Program must be submitted to the City within seven (7) calendar days of the date of the notice. Failure to submit a corrective action plan within the notification period will prompt the City to pursue escalating enforcement. Incorrect installation of a Grease Interceptor and associated plumbing Existing FE: Initial communication will be via Notice of Violation alerting the FE of the violation. A corrective action plan will be due within seven (7) calendar days of the date of the notice. Failure to submit a corrective action plan within the notification period will prompt the City to issue a municipal infraction, and as necessary pursue escalating enforcement. New Construction: For new construction, the Grease Interceptor and associated plumbing must be corrected prior to issuance of a Food License. Failure to submit a corrective action plan within the notification period will prompt the City to issue a municipal infraction, and as necessary pursue escalating enforcement. Failure to maintain a Grease Interceptor in accordance with the FOG Program or the submitted FOG Operation and Maintenance Management Plan - Initial communication will be via Notice of Violation or municipal infraction alerting the FE of the violation at the time of inspection. Corrective action must be taken within forty-eight 26 (48) hours of issuance of the violation. Failure to take corrective action within the notification period will prompt the City to pursue escalating enforcement. Falsification of Manifest data — the FE will be issued a Notice of Violation or municipal infraction and accurate manifest data must be submitted within forty-eight (48) hours of receipt of the notice. Failure to submit the correct manifest data within the notification period will prompt the City to pursue escalating enforcement. 27 What is FOG? Fats, Oils, and Grease Any combination of animal fats and/or vegetable oils that are used to prepare food, or are found in food. he FOG Problem... FOG accumulates and sticks to pipe walls causing clogs -Sanitary Sewer Overflows (SSOs). A significant source of FOG is from Food Establishments (FEs) he FOG Problem.. City -owned Stormwater Sewer System Food Establishment City -owned Sanitary Sewer System 23.000.000 fine vs. Consent Decree? • Take all necessary measures to achieve full compliance with the Clean Water Act • The Iowa water Pollution Control Laws, and • The City's NPDES Permit With the goal of eliminating all Sanitary Sewer Overflows Current Ordinance Chapter 13-2A-3 (2) Discharge of Harmful Substances • Any water or waste containing, fats, wax, grease, or ills, whether emulsified or not, in excess of one hundred milligrams per liter (ioomg!1) or containing substances which may solidify or become viscous at temperatures between thirty-two (32) and one hundred and forty (140) degrees Fahrenheit , or zero (o) and sixty (6o) degrees Celsius. Under the Code of Federal Regulations: Title 40 , Part 403.5 National Pretreatment Standards: Prohibited Discharges. OG Progrim Development of a Proactive Fats, Oils, and Grease (FOG)Program • Program Applicability • Compliance Requirements Grease Interceptor Sizing Requirements Cleaning and Maintenance Requirements Responsibilities Permits and Fees Enforcement Policy rhe FOG Program Objectives Reduce FOG -related Sanitary Sewer Overflows Provide increased education and awareness of FOG Improve FOG remediation efforts at Food Establishments. Provide Food Establishments with a way to monitor success through FOG Management Plans. ocus GTeeting On June 10, 2014 City Staff Presented the FOG Program to a cross section of Food Establishment owners and property managers. Key Feedback from the group: • Provide educational presentations for FEs • Vendor Trade Shows • Review the permit fees • Be fair and consistent during inspections Applicability New and Existing Food Establishments generating Fats, Oils, and/or Greases Food Establishments: restaurants, food manufacturers, food processors, commercial kitchens, hospitals, schools, hotels and motels, bakeries, caterers, schools, religious institutions, correctional facilities, prisons, nursing homes, care facilities, and any other facility preparing, serving, or otherwise making any foodstuff available for consumption. Compliance Requirements FOG Operation and Maintenance Management Plan Cleaning and aintenance Interceptors must be maintained. All waste must be tracked Interceptors must be fully evacuated Evacuation by a certified waste hauler, unless Self Cleaner Responsibilities City of Dubuque Departments (Primary Role) • Water & Resource Recovery Center -Enforcement • Building Department- New Construction • Health Services Department - Education/Monitoring • Engineering Department -Inspection Food Establishments Vendors Haulers Permits and Fees FOG Discharge Permit Annual Renewal Fees Discharge Permit Fee - $loo Re -inspection Fee - $50 or more dependent on time at the facility Reduced Permit Fee - $50 Non -Profit entity serving <loo Events per Year No Food License serving <loo Events per Year Tax Exempt serving <loo Events per Year nforcement The Enforcement Policy exists to ensure compliance with applicable local, state and federal regulations What are enforceable violations? • Operating without a Discharge Permit • Operating without a FOG Maintenance Management Plan • Not following the Manifest Requirements Not posting/following Best Management Practices Operation of an FE without a FOG Controlling Device Incorrect installation of a FOG Controlling Device Not following the FOG Maintenance Management Plan Falsification of Manifest Data remember ... Sanitary Sewer Overflows that result from FOG discharge are a violation of the Clean Water Act. mplementation Schedule FOG Program Compliance • Phased Program - Phase 1 for High Risk Establishments Permit Discharge Application and Fee Due December 31, 2014 • Phase 2 for Medium Risk Establishments Permit Discharge Application and Fee Due June 30, 2015 • Phase 3 for Low Risk Establishments Permit Discharge Application and Fee Due December 31, 2015 Educational Sessions for Food Establishments Beginning after program adoption