HomeMy WebLinkAboutOrdinances - MC-11-1031 - 05/16/2011 - CH 26 FATS OIL GREASEORDINANCE NO. MC-11-1031
An Ordinance Amending City of McHenry Municipal Code
Chapter 26, Water and Sewers, Article II Sewers, Division 6 Fat, Grease and Oil Control
and Chapter 1, General Provisions, Section 1-12, Settlement of Offenses
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule
municipality as contemplated under Article VII, Section 6, of the Constitution of the State of
Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers
and functions as granted in the Constitution of the State of Illinois.
WHEREAS, the City of McHenry, in an effort to prevent blockages and obstructions
from contributions and accumulations of fats, oils and greases (FOG) into the sanitary sewer
system from food service establishments, has recommended adoption of a Fat, Grease and Oil
Control Ordinance; in the City of McHenry.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MCH>E:NRY, MCHENRY COUNTY, AS FOLLOWS:
SECTION 1: That Chapter 26 of the City of McHenry Municipal Code shall be amended
by adding Division 6 to Article II as follows:
ARTICLE II
SEWERS
DIVISION 6
FAT, GREASE AND OIL CONTROL
Sec. 26-155. Scope, purpose and requirement.
Any food service establishment connected to the sanitary sewer collection and treatment system
involved in the preparation of foods will be subject to the conditions of this ordinance. The
scope and purpose of this section is to aid in the prevention of sanitary sewer blockages and
obstructions from contributions and accumulations of fats, oils and greases into the sanitary
sewer system from food service establishments.
Sec. 26-156. Definitions.
1. Fats, Oils, and Greases. 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 the United
States Code of Federal Regulations 40 CFR 136 amended from time to time. All are
sometimes, referred to herein as "grease" or "greases".
2. Grease Trap. A device for separating and retaining waterborne greases and grease
complexes, prior to the wastewater exiting the trap and entering the sanitary sewer
collection and treatment system. Such traps are typically compact under -the -sink units
that are near food preparation areas.
3. Grease Interceptor. A structure or device designed for the purpose of removing and
preventing fats, oils, and grease from entering the sanitary sewer collection system.
These devices are often below -ground units in outside areas and are built as two or three
chamber baffled tanks.
4. Food Service Establishments. Those establishments primarily engaged in activities of
preparing, serving, or otherwise making available for public consumption food, including
but not limited to: restaurants, commercial kitchens, caterers, hotels, schools, hospitals,
prisons, correctional facilities and care institutions. These establishments use one or
more of the following preparation activities: cooking by frying (all methods), baking (all
methods), ;grilling, sauteing, rotisserie cooking, broiling (all methods), boiling, blanching,
roasting, toasting or poaching. Also, included are infrared heating, searing, barbecuing,
and any other food preparation activity that produces a hot, non -drinkable food product in
or on a receptacle that requires washing.
5. Minimum Design Capability. The design features of a grease interceptor and its ability
or volume required to effectively intercept and retain greases from grease -laden
wastewaters discharged into the public sanitary sewer system.
6. User. Any person, including those located outside the jurisdictional limits of the City of
McHenry, who contributes causes or permits the contribution or discharge of wastewater
into sewers within the City of McHenry's boundaries.
Sec. 26-157. Food service establishment; permit requirement.
All permitted food service establishments discharging wastewater into the City of McHenry
sanitary sewer collection system are subject to the following requirements:
1. Grease Interceptor Requirements: All permitted food service establishments are
required to install, operate, and maintain an approved type and adequately sized grease
interceptor/trap necessary to maintain compliance with the objectives of this ordinance.
All grease interceptors must meet the requirements of the current Illinois State Plumbing
Code.
2. Implementation: All new food service establishment facilities are subject to grease
interceptor/trap requirements. All such facilities must obtain prior approval from the
Public Works Director or designee for grease interceptor/trap sizing prior to submitting
plans for a building permit. All grease interceptor/traps shall be readily and easily
accessible for cleaning and inspection. Existing facilities with planned modifications to
plumbing improvements will be required to include plans to comply with the grease
interceptor requirements. These facilities must obtain approval from the Public Works
Director or designee for grease interceptor sizing prior to submitting plans for a building
permit.
All existing food service establishments, determined by the; Public Works Director or
designee, having the potential to adversely impact the City's sewer system will be notified
of their obligation to install a grease interceptor within the specified period set forth in the
notification letter.
3. Variance from Grease Interceptor Requirements:
A. Grease interceptors required under this ordinance shall be installed unless the Public
Works Director or designee authorizes the installation of an indoor grease trap or other
alternative pretreatment technology and determines the installation of a grease
interceptor would not be feasible. The food service establishment bears the burden of
demonstrating the installation of a grease interceptor/trap is not feasible. The Public
Works Director or designee may authorize the installation of an indoor grease trap
where the installation of a grease interceptor is not feasible due to space constraints or
other considerations. Financial hardship does not qualify as a consideration. If an
establishment believes the installation of a grease interceptor is not feasible because of
documented space constraints, the request for an alternate grease removal device shall
contain the following information:
i. Location of sewer main and easement to proposed location outside building.
ii. Existing plumbing at or in a site that uses common plumbing for all services
at that site.
B. Alternative pretreatment technology includes but is not limited. to: devices that are used
to trap separate and hold grease from wastewater and prevent it from being discharged
into the sanitary sewer collection system. All alternative pretreatment technology must
be appropriately sized and approved by the Public Works Director or designee.
Sec. 26-158. Grease interceptor requirements.
1. Grease interceptor sizing and installation shall conform to the current edition of the
Illinois State Plumbing Code.
2.Grease interceptors shall be constructed in accordance with design approved by the
Public Works Director or designee and shall have a minimum of two compartments with
fittings designed for grease retention.
3. Grease interceptors shall be installed at a location where it shall be easily accessible for
inspection, cleaning, and removal of grease. The grease interceptor may not be installed
in any part of the building where food is handled. Location of the grease interceptor must
meet the approval of the Public Works Director or designee.
4. All such grease interceptors shall be serviced and emptied of accumulated waste content
as required in order to maintain minimum design capability or effective volume to
intercept and retain greases. These devices should be inspected at least monthly. Users
who are required to maintain a grease interceptor shall:
a. provide a minimum hydraulic retention time in accordance with the manufacturer
and the current edition of the Illinois State Plumbing code.
b. remove any accumulated grease cap and sludge pocket as required. Grease interceptors
shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating
utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and
thereby reduce the effective volume of the device.
5. The user shall maintain a written record of inspection and maintenance for a
minimum of three (3) years. All such records shall be submitted to the Director of Public
Works or designee on an annual basis.
6. Sanitary wastewater is not allowed to be connected to sewer lines intended for grease
interceptor service.
7. Access manholes, with a minimum diameter of 24 inches, shall be provided over each
grease interceptor chamber and sanitary tee. Access to manholes shall extend at least to
finished grade and be designed and maintained to prevent water inflow and infiltration.
All manholes shall have readily removable covers to facilitate inspection, grease removal
and wastewater sampling activities.
Sec. 26-159. Grease trap requirements.
Upon approval by the Public Works Director or designee, a grease trap complying with
the provisions of this section must be installed in the waste line leading from sinks,
drains, and other fixtures or equipment in food service establishments where grease may
be introduced into the drainage or sewage system in quantities that can effect line
blockage or hinder sewage treatment or private sewage disposal.
2. Grease trap sizing and installation shall conform to the current Illinois State Plumbing
Code.
3. Grease traps shall be maintained in efficient operating conditions by regular removal of
the accumulated grease. No such collected material shall be introduced into any drainage
piping or public or private sewer.
4. No food waste disposal unit or dishwasher shall be connected to or discharged into any
grease trap.
5. Wastewater in excess of one hundred -forty (140) °F/ (60°C) shall not be discharged into a
grease trap.
Sec. 26-160. Enforcement.
Except as provided herein, for a period of one year following adoption of this ordinance, grease
interceptors/traps will be required however, no enforcement actions will be taken under this
ordinance for failure to achieve limits on grease discharges from the; facility. If, during this one
year period an obstruction of a sewer main(s) occurs that causes a sewer overflow to the extent
which adversely impacts the environment and said overflow or failure of the sanitary sewer
collection system to convey sewage can be attributed in part or in whole to an accumulation of
grease in the sewer main(s), the City of McHenry will pursue enforcement action.
Sec. 26-161. Violation.
If a food service establishment is found to be responsible for excessive grease accumulation in
the sanitary sewer main resulting in reduced flow, backup, complete blockage and/or flow above
ground the property owner where said generator is located shall be subject to any or all of the
fines listed in Settlement of Offenses as outlined in Section 1-12 of the City of McHenry
Municipal Code; and any/all costs incurred by the City for removing the accumulation or
blockage; any and all cleanup costs and; and may include possible termination of service.
SECTION 2: That Sections 26-160 through and including Sections 26-181 be recodified
to Sections 26-162 through and including Section 26-183.
SECTION 3: That Section 1-12 be and is hereby amended to add Sect. 26-161 to the list
of Settlement of Offenses as follows:
SECTION OFFENSE COLUMN A COLUMN B
26-161 Fats, oils grease violation $50 $100.
SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this
ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 5: All ordinances or parts thereof in conflict are hereby repealed to the extent
of such conflict.
SECTION 6: This ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form as provided by law.
Voting Aye: Sant], Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
Voting Nay: None.
Not Voting: None.
Abstaining: None.
Absent: None.
Passed and Approved this 161h day of May, 2011.
ATTEST:
c,
City rn,
SIGNED:
Mayor