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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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•
•
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.
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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.
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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
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• 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.
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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.
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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.
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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.
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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