Article Vii Grease Management
ORDINANCE NUMBER 2006-288
AN ORDINANCE OF THE CITY OF TAMPA, FLORIDA, CREATING ARTICLE VII OF CHAPTER 26 OF THE CITY CODE RELATING TO GREASE MANAGEMENT; DEFINING TERMS; AUTHORIZING UNIFORM MAINTENANCE AND MONITORING REQUIREMENTS OF FOOD SERVICE FACILITIES FOR CONTROLLING THE DISCHARGE OF GREASE; AUTHORIZING REGISTRATION AND REGULATION OF GREASE HAULERS FOR CONTROLLING THE DISCHARGE OF GREASE; PROVIDING FOR AN APPEAL FOR DENIAL OR REVOCATION OF GREASE HAULER REGISTRATION; AUTHORIZING ESTABLISHMENT OF RATES, FEES AND CHARGES FOR GREASE MANAGEMENT; PROVIDING FOR ENFORCEMENT PROCEDURES AND LEGAL REMEDIES; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 2005-899, adopted by the City Council of the City of Tampa on July 28, 2005, the City of Tampa entered into a Consent Order with the Environmental Protection Commission of Hillsborough County and the State of Florida Department of Environmental Protection effective August 9, 2005; and
WHEREAS, the Consent Order provides in pertinent part that the City will prepare and implement a City of Tampa Grease Management Ordinance. The Ordinance shall include requirements for grease discharge into the sanitary sewer system and monetary penalties for non-compliance with the Ordinance. The City shall review resources necessary to enforce the new Ordinance and budget for additional resources, if necessary, and
WHEREAS, it is requested by the Wastewater Department to implement the Grease Management Ordinance.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF TAMPA, FLORIDA:
Section 1. That Article VII of Chapter 26 of the City of Tampa Code shall be created by adding the language as follows:
Sec. 26-300. Title
Sec. 26-301. Purpose
Sec. 26-302. Applicability
Sec. 26-303. Definitions
Sec. 26-304. Authority
Sec. 26-305. Facility inspections
Sec. 26-306. Grease traps and interceptors
Sec. 26-307. Grease interceptor and trap enforcement
Sec. 26-308. Grease haulers
Sec. 26-309. Fees
Sec. 26-310. Enforcement
Sec. 26-311. Additional Criminal Offenses
Sec. 26-312-26-320. Reserved
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View chapter 9 of the City of Tampa Code Ordinances (will open in new window).
Article VII. GREASE MANAGEMENT
This article shall be known and may be cited as the "City of Tampa Grease Management Ordinance."
This article establishes uniform maintenance and monitoring requirements for controlling the discharge of grease from food service facilities discharging into the City's treatment works and for regulation of grease haulers operating within the City limits. The objectives of this Ordinance are:
(1) To prevent the introduction of excessive amounts of grease into Tampa's treatment works.
(2) To prevent clogging or blocking of the City's sewer lines due to grease build-up causing sanitary sewer overflows onto streets, into stormwater systems or waterways and into residences and commercial buildings, resulting in potential liability to the City.
(3) To prevent maintenance and odor problems at wastewater pumping stations due to grease build-up.
(4) To implement a process to recover costs for any liability incurred by the City for damage caused by grease blockages resulting in sanitary sewer overflows.
(5) To establish fees for the recovery of costs resulting from the program established herein.
(6) To register grease haulers operating within the City of Tampa.
(7) To establish enforcement procedures for violations of this article.
(a) The provisions of this article shall apply to all food service facilities discharging into the City's treatment works and to all grease haulers doing business within the City of Tampa.
(b) Where there is a conflict between this article and the Florida Building Code - Plumbing, as amended (current edition), the Florida Building Code - Plumbing, as amended (current edition) shall be applicable.
The City of Tampa currently regulates the improper discharge of grease into water or wastewater pursuant to the Technical Services Manual, August 1998 edition, on file in the Office of the City Clerk which has the full force and effect of an Ordinance pursuant to Section 26-128 of the City of Tampa Code. Where there is a conflict between this article and the Technical Services Manual, as amended, this article shall be applicable.
For the purposes of this article, certain abbreviations, terms, phrases, words and their derivatives shall have the following meanings:
Director means the Director of the Wastewater Department or his or her designee.
Food service facility or facility means any business or food service facility which prepares and/or packages food or beverages for sale or consumption. This does not apply to private residences. Food service facilities may include, but are not limited to, food courts, food manufacturers, food packagers, restaurants, grocery stores, bakeries, lounges, meat markets, hospitals, hotels, nursing homes, churches, schools, cafeterias, delicatessens, coffee shops, concession stands and all other food service facilities not specifically listed above.
Food service facility owner or owner means in the case of individual food service facilities, the owner or proprietor of the food service facility. Where the facility is a franchise operation, the owner of the franchise is the responsible person or entity. Where the facility is owned by a partnership, corporation, or other type of business entity, the individual who is authorized to legally act on behalf of the business entity under Florida State law shall be the responsible person. Where two or more food service facilities share a common grease interceptor, the owner shall be the individual who owns or assumes control of the grease interceptor or the property on which the grease interceptor is located. Owner shall also mean his or her duly authorized representatives, employees or agents.
GMP inspector means a member of the staff of the City's Grease Management Program, designated by the Director to enforce the City of Tampa Grease Management Ordinance.
Gray water means all liquid contained in a grease interceptor that lies below the floating grease layer and above the food solids layer.
Grease means a material either liquid or solid, composed primarily of fats, oils or grease from animal or vegetable sources.
Grease hauler means a person who collects the contents of a grease interceptor or trap and transports it to an approved recycling or disposal facility.
Grease interceptor means an interceptor whose rated flow exceeds 50gpm or has a minimum storage capacity of 750 gallons or more and is a device located underground and outside of a facility. It is designed to collect, contain or remove food wastes or grease from the wastewater while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.
Grease trap means an interceptor whose rated flow is 50gpm or less and is a device located inside a facility and/or under a sink designed to collect, contain, or remove food wastes and grease from the wastewater while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity.
Notice of Violation (NOV) means a written notice informing a food service facility owner or grease hauler that a violation of the City of Tampa Grease Management Ordinance has occurred.
Registered hauler means a grease hauler registered with the City of Tampa in accordance with this article who is authorized to perform inspection, cleaning, and grease disposal for food service facilities.
Sanitary facilities mean bathrooms, bathroom fixtures, bathroom groups, hand sinks or other similar fixtures or facilities.
Treatment Works mean any part of the City's wastewater system as defined in Section 26-117 of the City of Tampa Code.
(a) Pursuant to Sections 1-14 and 26-5(3) of the City of Tampa Code, the Director, or his or her designees shall have the power, duty and responsibility to administer and enforce the provisions of this article.
(b) Pursuant to Chapter 9 of the City of Tampa Code and Chapter 162, Florida Statutes, the Director or his or her designees, such as GMP inspectors, shall have full authority and be designated as code inspectors.
(a) Entry. Pursuant to Section 1-16 of the City of Tampa Code, each facility shall allow the Director or his or her designee's the right of entry upon real property for the purpose of inspection, observation, records examination, measurement, and sampling in accordance with the provisions of this article.
(b) Inspections. The GMP inspector shall inspect food service facilities on either an unannounced or scheduled basis to verify continued compliance with the requirements of this article. The GMP inspector shall inspect all grease traps or interceptors, plumbing connections, the logbook and file, other pertinent data or take samples as necessary. The GMP inspector shall record all observations in a written report. Any deficiencies shall be noted, including but not limited to:
a. Failure to properly maintain the grease interceptor or trap in accordance with the provisions of this article.
b. Failure to report changes in operations, or wastewater constituents and characteristics.
c. Failure to maintain logs, files, records or access for inspection or monitoring activities.
d. Inability of existing grease interceptor or trap to prevent discharge of grease into the City's treatment works. e. Any other inconsistency with or violation of this article.
(c) Re-inspections. The GMP inspector shall inspect any repairs, replacements or other deficiencies and shall provide written notice of compliance or noncompliance. In the event of continuing noncompliance, re-inspections will be performed.
(a) Permit Required. Any food service facility that intends to erect, install, enlarge, alter, repair, remove, convert or replace any grease trap or interceptor is required by Section 5-105 "Permits" of the City of Tampa Code to make application to the building official and obtain the required permit. The facility shall submit with its permit application the appropriate design criteria in accordance with the Florida Building Code - Plumbing, as amended (current edition).
(b) Requirements. All food service facilities are required to have a grease interceptor or trap properly installed in accordance with any and all applicable requirements of the Florida Building Code - Plumbing, as amended (current edition).
(1) New facilities. On or after the effective date of the City of Tampa Grease Management Ordinance, food service facilities which are newly proposed or constructed, or existing food service facilities which will be expanded or renovated to include a food service facility, where such a food service facility did not previously exist, shall be required to install a grease interceptor or trap according to the requirements of the Florida Building Code - Plumbing, as amended (current edition) and to operate and maintain the grease interceptor or trap according to the requirements contained in this article.
(2) Existing facilities. Food service facilities existing prior to the date of the City of Tampa Grease Management Ordinance shall be permitted to operate and maintain existing grease interceptors or traps provided their grease interceptors or traps are in good operating condition. The City may require an existing facility to install a new grease interceptor or trap that complies with the requirements of the Florida Building Code - Plumbing, as amended (current edition) or to modify or repair any noncompliant plumbing or existing grease interceptor or trap when any one or more of the following conditions exist:
a. The facility is found to be contributing grease in quantities sufficient to cause line stoppages or necessitate increased maintenance on the wastewater collection system.
b. Grease concentrations exceed 400 mg/l on wastewater effluent as determined by sampling performed by the GMP inspector.
c. The facility does not have a grease interceptor or trap.
d. The facility has an irreparable or defective grease interceptor or trap.
e. Remodeling of the food preparation or kitchen waste plumbing system is performed which requires a plumbing permit to be issued by the City of Tampa.
f. The facility is sold or undergoes a change of ownership.
g. The facility does not have plumbing connections to a grease interceptor or trap in compliance with the requirements of this article.
(c) Plumbing connections. Grease interceptors or traps shall be installed in accordance with Florida Building Code - Plumbing, as amended (current edition). Wastewater from sanitary facilities shall not be introduced into the grease interceptor or trap under any circumstances.
(d) Records maintenance. Each food service facility shall maintain a bound logbook in which a record of all interceptor maintenance is entered. Maintenance information shall include, but not be limited to, date and time of the maintenance, estimated gallonage removed from interceptor or trap, any defects in the grease interceptor or trap, details of any repairs required and dates of repair completion, changes in operations, or wastewater constituents and characteristics, receipts from grease haulers, plumbers, parts suppliers, etc., and any other records pertaining to the interceptor. This logbook shall be made available for review upon request. Records shall be maintained for a period of three years. Each facility shall provide, upon request of the GMP Inspector within 10 days, drawings of sufficient detail to depict the plumbing layout of the facility.
(e) Grease interceptors. Grease interceptors shall be designed and installed in accordance with the Florida Building Code - Plumbing, as amended (current edition) and shall be operated and maintained as follows:
(1) Pumping and maintenance. Each food service facility shall be responsible for the costs of pumping, cleaning, and maintaining its grease interceptor. All food service facilities that have grease interceptors shall utilize a registered grease hauler. Pumping services shall include the complete removal of all contents, including floating materials, gray water, bottom sludge, and solids from the interceptor. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles, and all piping. It shall be the responsibility of the grease hauler to inspect an interceptor during, or immediately after the pumping procedure to ensure that the interceptor is clean and that all fittings and fixtures inside the interceptor are in working condition and functioning properly. If the interceptor is not functioning properly, the grease hauler shall notify the owner in writing. The notice shall include a sufficient description of the malfunction.
(2) Interceptor pumping frequency. Each food service facility shall have its grease interceptor pumped according to the following criteria: a. When the settled solids layer exceeds the invert of the outlet pipe (typically eight inches in depth), or; b. When the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the capacity of the interceptor, or; c. When the interceptor is not retaining or capturing oils and greases.
(3) Inspection. Grease interceptors shall be inspected by a GMP inspector as necessary to assure compliance with this article.
(4) Disposal. Wastes removed from each grease interceptor shall be disposed of at a facility permitted to receive such wastes. Grease, solid materials, or gray water removed from interceptors shall not be returned to any grease interceptor, private sewer line or to any portion of the City's treatment works, except for food service facilities that use a two compartment pump truck where the compartments are fully separate with their own valve system, so there is no cross contamination between the gray water with the solids and grease. With this type of equipment, gray water may be re-introduced back into the interceptor as long as the wastewater effluent grease concentrations do not exceed 400 mg/l.
(f) Grease traps. Grease traps shall be installed in accordance with the Florida Building Code - Plumbing, as amended, (current edition) and shall meet the following criteria:
(1) Flow control device. Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturers rated capacity recommended in gallons per minute for the unit. Each food service facility is responsible for maintaining appropriate flow control devices.
(2) Venting. The flow-control device and the grease trap shall be vented in accordance with the Florida Building Code - Plumbing, as amended (current edition). The vent shall terminate not less than six inches above the flood-rim level or in accordance with the manufacturer's instructions. Each food service facility is responsible for maintaining appropriate venting of the grease trap.
(3) Cleaning and maintenance. Each food service facility shall be solely responsible for the cost of grease trap cleaning and maintenance. Each facility may contract with a registered grease hauler or it may develop a written protocol and perform its own grease trap cleaning and maintenance procedures. Cleaning and maintenance must be performed when the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the total volume of the grease trap. Each facility shall determine the frequency at which their grease trap shall be cleaned, but all grease traps shall be opened, inspected, cleaned, and maintained at a minimum of once per week.
(4) Inspection. Grease traps shall be inspected by a GMP inspector as necessary to assure compliance with this article and to assure proper cleaning and maintenance is being performed.
(5) Disposal. Grease and solid materials removed from a grease trap shall be removed by a registered grease hauler unless the grease is in a solid, dry form, mixed with an oil absorbent in an enclosed bag or container, and does not exceed five (5) pounds.
(g) Additives. Any chemicals, enzymes, emulsifiers, live bacteria or other grease cutters or additives, used for the purpose of grease reduction shall, be approved by the GMP inspector prior to their addition to grease interceptors or traps. Applicable information concerning the composition, frequency of use and mode of action of the proposed additive shall be sent to the City together with a written statement outlining the proposed use of the additive(s). The City may request a sampling port installed by the food service facility at the facility's expense to demonstrate the additive will work. The City, upon evaluation of all of the information received, shall permit or deny the use of the additive in writing. Permission to use additives may be withdrawn by the City at any time.
(h) Alternative grease removal devices or technologies. Alternative devices and technologies such as automatic grease removal systems shall be subject to written permission by the Director prior to installation. Permission to use the device shall be based on demonstrated and proven removal efficiencies and reliability of operation. The City may permit these types of devices depending on manufacturer's specifications on a case-by-case basis. The food service facility may be required to furnish analytical data demonstrating grease removal effectiveness, or perform effluent monitoring. Permission to use alternative devices and technologies may be withdrawn by the City at any time.
(a) Whenever the GMP inspector determines that a grease interceptor or trap is in need of pumping, repairs, maintenance, or replacement, enforcement shall be as follows:
(1) Notice of Violation (NOV). The GMP inspector conducting the inspection shall immediately notify the food service facility owner that a violation exists and issue the owner a NOV stating the nature of the violation.
(2) Inspection and Re-inspection. If a grease interceptor or trap has to be re-inspected because of deficiencies found during a previous inspection, and all of the deficiencies have been corrected, there shall be no charge for the re-inspection. If all of the deficiencies have not been corrected, a re-inspection fee shall be charged to the food service facility.
(3) Sampling fees. Fees for any sampling and analysis of wastewater discharges deemed necessary for the protection of the treatment works shall be charged to the food service facility owner in the amount per sampling event.
(4) Pump-out and cleaning. A violation involving the lack of proper cleaning and maintenance of a grease trap shall require the food service facility owner to clean out the trap(s) within twenty-four (24) hours of the NOV. If interceptor pumping frequency is not being met, the owner shall be required to have the interceptor pumped out within seventy-two (72) hours of the NOV.
(5) Repairs and Replacement. The food service facility owner shall be responsible for the cost and scheduling of all repairs to or replacement of its grease interceptor(s) or trap(s). Repairs and replacements required by a GMP inspector shall be completed within a reasonable time as established in written guidelines prepared by the Director. The time for corrective action shall commence on the date of receipt of the NOV. Written guidelines shall include provisions for time extensions if the owner responds with an acceptable plan for rectifying the situation.
(6) Noncompliance. If the food service facility owner continues to violate the provisions set forth in this article, or fails to initiate or complete corrective action in response to a NOV, or a City approved plan to rectify a violation, the Director may pursue one or more of the following options at the Director's sole discretion: a. Pump the grease interceptor and seek reimbursement of the costs from the food service facility owner. b. Assess further inspection fees as provided. c. Terminate sanitary sewer service as provided in Section 26-52 of the City of Tampa Code. d. Refer any violation by any food service facility or, its owner for enforcement for any or all applicable remedies.
(a) Grease hauler registration. Any person, firm, or business desirous of collecting, pumping, or hauling grease interceptor or trap wastes from businesses located within the City limits shall be required to register with the City. It shall be unlawful for any grease hauler to clean or pump out grease interceptors or traps within the City limits without being registered. Registrations shall be effective for a period of three years. The registration required by the City shall be in addition to any other permits, registrations, or occupational licenses required by federal, state, and local agencies having lawful jurisdiction. The registration is not transferable. The Director shall issue stickers to all City of Tampa registered grease haulers. The stickers shall be displayed in a visible location on all vehicles used to clean interceptors or traps.
(1) Application. To register with the City, a grease hauler shall submit a completed application form to the Director. The Director shall approve, deny, or approve with conditions all applications by written notice within forty-five (45) calendar days of the City's receipt of the completed application form. The grease hauler shall be registered prior to providing grease hauling services within the City limits. The application shall require, but not be limited to, the following information:
a. List of all trucks or vehicles used to clean interceptors or traps, which include vehicle make, model, year, identification number, color, tank capacity, proof of insurance, and tag number.
b. List of all drivers or personnel used to clean interceptors or traps, including proof of valid driver's licenses.
c. List of all disposal sites.
(2) Information Update. Registered grease haulers shall update application information annually from date of issuance of registration.
(3) Registration renewal. An application for registration renewal shall be submitted on the appropriate renewal form at least forty-five (45) calendar days prior to the expiration date of the existing registration by each applicant wishing to provide grease hauling services in the City limits
(b) Spill reporting. Any accident, spill, or other discharge of grease, solids or gray water, which occurs within the City, shall be reported to the City of Tampa Wastewater Department by the grease hauler as soon as possible but not longer than twenty-four (24) hours after the incident. The grease hauler shall comply with all procedures and reporting requirements contained in federal, state and local regulations. The grease hauler shall be responsible for all clean-up procedures and costs.
(c) Record keeping. Grease haulers shall retain and make available for inspection and copying, all records related to grease interceptor or trap pumping and grease disposal. A City of Tampa grease hauler manifest or approved form shall be required to be signed by the grease hauler certifying the accuracy of the information on the manifest. The manifest shall include, but not be limited to, name, location, date and time of the facility serviced, estimated gallonage removed from interceptor or trap, disposal times, dates, locations, and amounts. These records shall remain available for a period of at least three (3) years. The failure to provide information to the City within ten (10) days of a written request is a violation of this article.
(d) Vehicle inspection. Grease haulers shall permit the City to inspect grease hauler's registered vehicles.
(e) Disposal. Wastes removed from each grease interceptor or trap shall be disposed of at a grease disposal facility permitted to receive such wastes. Grease, solid materials, or gray water removed from interceptors or traps shall not be returned to any grease interceptor, trap, private sewer line, or to any portion of the City's treatment works, except for food service facilities that use a two compartment pump truck where the compartments are fully separate with their own valve system, so there is no cross contamination between the gray water with the solids and grease. With this type of equipment, gray water may be re-introduced back into the interceptor as long as the wastewater effluent grease concentrations do not exceed 400 mg/l.
(f) Grease hauler enforcement. Enforcement actions against grease haulers in violation of this article shall be as follows:
(1) Notice of violation (NOV). A NOV will be issued to any grease hauler who is found to be in non-compliance with this article. Response to this NOV must be received by the City within ten (10) calendar days of its receipt by the grease hauler. The grease hauler will be required to describe how the violation occurred, verification that the violation has been corrected, and shall provide assurance that steps will be taken to prevent the re-occurrence of the violation.
(2) Registration revocation. Any registration issued pursuant to the provisions of this article may be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to any one of the following:
a. Falsification of any information,
b. Discharging any grease, liquid, or solid waste into a non-authorized location, or
c. Failing to comply with this article.
Fees associated with this article will be established pursuant to the provisions of Section 26-31 of the City of Tampa Code.
(a) Search or Inspection warrant. The Director, through the City Attorney, may seek to obtain a search or inspection warrant from the appropriate authority to gain access to a facility for the purposes of inspection and monitoring if such lawful entry under Section 26-305(a) of this article has been denied by the owner.
(b) Referral to Code Enforcement Board. The Director may enforce the violation of any provision of this Ordinance against an owner or grease hauler, pursuant to and in the manner provided by Chapter 9 of the City of Tampa Code and the provisions of Chapter 162, Florida Statutes.
(c) Injunctive and other relief. The Mayor, through the City Attorney, may file a petition in the name of the City in the Circuit Court of the County or such other courts as may have jurisdiction seeking the issuance of an injunction, damages, or other appropriate relief to enforce the provisions of this article or other applicable law or regulation.
(d) Recovery of damages. When the discharge from a food service facility causes an obstruction, damage, or any other impairment to the treatment works, or causes any expense, fine, penalty, or damage of whatever character or nature to the City, the Director shall invoice the owner for same incurred by the City. If the invoice is not paid, the Director shall notify the City Attorney to take such actions as shall be appropriate to seek reimbursement.
(e) Remedies nonexclusive. The remedies provided for in this Ordinance are not mutually exclusive. The Director may take any, all, or any combination of these actions against a noncompliant person.
(f) Appeal of revocation or denial of grease hauler registration. Any revocation or denial of grease hauler registration may be appealed in accordance with Section 1-19 of the City of Tampa Code. The appellate officer designated to hear these matters shall be the Administrator of Public Works & Utilities Services. The grease hauler shall have fifteen (15) days from receipt of written notice of denial or revocation of the registration to file an appeal. Failure of the grease hauler to file an appeal within the fifteen (15) day time limit shall constitute acceptance of the decision to deny or revoke the registration.
(a) Damage to City property. Pursuant to Section 1-21 of the City of Tampa Code, it is unlawful for any person to maliciously, willfully or negligently, break, damage, destroy, deface, tamper with, or remove any city property.
(b) Falsifying information. Any person who knowingly makes any false statements, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this article, shall, upon conviction, be subject to a penalty in an amount not to exceed $500.00, or by imprisonment for not more than sixty (60) days, or by both. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
Section 2. That should any part of the Ordinance be declared invalid by a court of competent jurisdiction, then the remaining parts hereof shall not in any way be affected by such a determination as to the invalid part.
Section 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of any conflict.
Section 4. That this ordinance shall take effect immediately upon becoming law.
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMPA, FLORIDA ON NOVEMBER 16, 2006 ORDINANCE EFFECTIVE NOVEMBER 21, 2006