Grease Management Ordinance Enforcement Procedures & Appeals
Grease haulers in noncompliance with the GMO will be given a NOV and opportunity to correct the noncompliance. Failure to comply with the GMO can result in revocation of the registration, and or criminal or civil penalties. Due process procedural protections have been provided for a grease hauler who is denied permission to register or whose registration is revoked to file an appeal and opportunity for notice and a hearing.
Enforcement actions against grease haulers in violation of this article shall be as follows:?
- Notice of violation (NOV). A NOV will be issued to any grease hauler that 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 non compliance occurred, verification that the violation has been corrected, and shall provide assurance that steps will be taken to prevent the re occurrence of the noncompliance.
- 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:
- Falsification of any information.
- Discharging any grease, liquid, or solid waste into a non authorized location.
- Failure to comply with this article.
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 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 constitutes acceptance of the decision to deny or revoke the registration.
Whenever the GMP inspector determines that a grease interceptor or trap is in need of pumping, repairs, maintenance, or replacement, the GMP inspector shall proceed as follows:
- Notice of Violation. The GMP inspector conducting the inspection shall immediately notify the owner that a violation exists and issue the owner a NOV stating the nature of the violation.
- Inspection and Reinspection. 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, the GMP inspector's time will be billed to the Owner at $61.00 an hour.
- 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 owner in the amount per sampling event.
- Pump-out and cleaning. A violation involving the lack of proper cleaning and maintenance of a grease trap shall require the 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.
- Repairs and Replacement. The 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.
- Noncompliance. If the 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:
- Pump the grease interceptor and place the appropriate charge on the facility's City of Tampa utility bill;
- Assess further inspection fees as provided;
- Terminate sanitary sewer service as provided in Section 26-52 of the City of Tampa Code;
- Refer any violation by any facility or owner for enforcement for any or all applicable remedies or penalties.
Food Service facility owner or owner is defined in Section 26-303 Definitions as follows: Food service facility owner or owner means in 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 have 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 duly authorized representatives, employees or agents.