[HISTORY: Adopted by the Board of Health of the Town of Wakefield 10-6-2004.
Amendments noted where applicable.]
GENERAL REFERENCES
Sewers — See Ch. 165.
The Wakefield Board of Health, acting under the authority of MGL c.
111, § 31 and any amendments and additions thereto, and by any other
power thereto enabling, has adopted the following rules and regulations during
its October 6, 2004, meeting.
The purpose of this chapter is to protect residents, businesses and
the environment within the Town of Wakefield from blockages of the Town's
sanitary sewer caused by grease discharged from food service establishments
located in the Town.
As used in this chapter, the following terms shall have the meanings
indicated:
The Board of Health or its agent or designee.
Any establishment issued a permit to operate a food establishment
by the Wakefield Health Department under FC 1-201.10 (B) (31) (Federal Food
Code 1999).
Also referred to as a "grease interceptor" by the State Plumbing
Code; is a device designed to remove, dissolve and/or suspend grease and waste
oil from wastewater.
Any offal hauler, which is issued a permit to haul offal by the Wakefield
Health Department.
Any building or Town sanitary sewer piping, including, but not limited
to, interior and exterior building sanitary sewer piping, any main or lateral
sanitary sewer piping, regardless of whether it is located on private or municipal
land.
Waste oil or grease generated by a food service establishment during
the cooking process or the cleaning of elements used in the process of serving
or cleaning.
A.
Grease trap installation. The Board of Health may at
any time require the installation and/or relocation of an internal grease
trap, as it may deem necessary to maintain any particular building sewer pipe,
any lateral sewer pipe, or sewer main pipe free from obstructions caused by
grease or oil emanating from a food establishment.
B.
Food establishment or related business. In every case
where a food establishment is preparing or selling food, or other business
in which grease is a by-product of production, a suitable internal or external
grease trap conforming to applicable building and plumbing codes must be installed.
C.
New or remodeled food establishments. All new and/or
remodeled food establishments must install a grease trap that meets the minimum
requirements of these regulations and all state and local plumbing codes.
New or remodeled establishments that prepare food with a seating capacity
of 150 seats must install an external grease trap with a capacity of 1,500
gallons.
D.
Grease trap maintenance. Internal grease traps must be
cleaned monthly. Exceptions may be granted on a case-by-case basis, as determined
by the Board of Health. Internal grease traps must be cleaned by the owner,
operator, or permitted offal hauler. External grease traps must be pumped
by a permitted offal hauler every six months. Service records must be maintained
on a monthly basis in a binder readily accessible to the Board of Health inspectors
and agents.
E.
Waste grease and oil storage and removal. Waste grease
and oil shall not be disposed into the sanitary sewer. All waste oil and grease
must be collected in an appropriate container provided by an approved vendor
and stored in an approved location on the premises. The container must be
stored on an impervious surface such as concrete or pavement. Containers must
be capable of being sealed to prevent entry of precipitation or stored in
a sheltered area. All waste and grease oil shall be removed by a permitted
offal hauler; said material should be removed from the premises monthly. While
being stored, all grease containers and surrounding areas must be kept in
a sanitary condition at all times.
A.
The Board of Health shall enforce the provisions of this
chapter. Any agent of the Board of Health may, according to law, enter upon
any premises at any reasonable time to inspect for compliance.
B.
All records pertaining to purchasing, storage, and removal
of grease-related products and as to products and waste products shall be
retained by the owner or operator on premises for no less than two years.
C.
Upon request by an agent of the Board of Health, an owner
or operator shall furnish all information required to enforce and monitor
compliance with this chapter, including, but not limited to, a complete inventory
of all food- and maintenance-related products that are purchased by the establishment;
receipts from permitted offal haulers retained to remove waste grease or oil
from the establishment.
D.
The Board of Health may, after providing opportunity
for a hearing, order the revocation of a permit to operate a food establishment
or the termination of one or more particular operations for:
Written notice of any violation of this chapter shall be given to the
owner and operator by an agent of the Board of Health, specifying the nature,
time and date of the violation and any preventative measures required to avoid
future violations, and a correction time frame.
Any requests for a variance from the provisions of this chapter must
be presented in writing. The reasons for the request must be clear and specific.
To consider variances regarding the size of grease traps, the application
must include kitchen flow calculations prepared by a Massachusetts licensed
plumber supporting an alternate size.
The person or persons to whom any order or notice issued pursuant to
this chapter has been directed may request a hearing before the Board of Health.
Such request shall be in writing and shall be filed in the office of the Board
of Health within 10 days after receipt of the order or notice.
Any person who violates any provision of this chapter may be punished
by a fine of no more than $200 per day. Each day, or portion thereof; during
which a violation continues shall constitute a separate offense. Failure to
connect violations of any provision of this chapter may result in suspension
or revocation of permit to operate a food establishment or refusal to issue
a food service permit, as provided in 105 CMR 590.012.
Each provision of this chapter shall be construed as separate to the
end that if any part of it shall be held invalid for any reason, the remainder
shall continue in full force and effect.
This chapter shall take effect on January 1, 2005. All food establishments
permitted by the Wakefield Board of Health shall be in total compliance with
these regulations by December 31, 2005.
