City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven 11-25-1968 by Ord. No. 91; amended in its entirety 6-6-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Pollution Control Commission — See Ch. 39.
Air pollution — See Ch. 67.
Food establishments — See Ch. 115.
Garbage, rubbish and refuse — See Ch. 119.
Littering — See Ch. 142.
Parks and recreation areas — See Ch. 170.
Swimming pools and bathing places — See Ch. 207.
A. 
No person shall allow or permit the content of any sink, toilet, cesspool, water closet, or privy upon the premises owned or occupied by him to be deposited or run upon the shore or into the waters of Long Island Sound or any other waters within the limits of the City of West Haven.
B. 
No person shall dump, throw, or cast any garbage or any rubbish or waste matter of any description upon the shores or beaches or into the water of Long Island Sound or any other waters within the limits of the City of West Haven or in any manner litter the beaches or public parking areas used in conjunction with said beaches.
Any person violating the provisions of this article shall be fined not more than $100.
The purpose of this article (also referred to herein as the "FOG article") is to protect the environment by preventing sewage overflows and backups into basements caused by grease hardening in sewer lines causing blockages. The objectives of this article are to:
A. 
Prevent the introduction of excessive amounts of grease into the City of West Haven's public sanitary sewer system.
B. 
Prevent clogging or blockage of the City of West Haven's public sanitary sewer system due to grease buildup causing sewage to back up and flood streets, residences, and commercial buildings, resulting in potential liability to the WPCC, residences, commercial buildings and others.
C. 
Implement a procedure to recover the cost incurred from cleaning and maintaining sewer lines due to improper grease removal.
D. 
Implement a procedure to recover the costs for any liability incurred by the WPCC for damage caused by grease blockages resulting in the flooding of streets, residences, or commercial buildings.
E. 
Issue FOG discharge permits to food preparation establishments (FPEs) and establish maintenance and monitoring requirements and enforcement activities.
F. 
Establish administrative procedures and reporting requirements.
G. 
Establish permit fees for the recovery of costs resulting from this FOG article.
H. 
Establish enforcement procedures for violations of any part or requirement of this article.
The following definitions shall apply to this article:
AUTOMATIC GREASE RECOVERY UNIT (AGRU)
Any indoor grease trap (A trap may also be referred to as an "interceptor.") that separates grease from wastewater by active mechanical or electrical means. Such traps are typically compact, under-the-sink units and should be as far away as possible from grease-bearing (cleaning) equipment, like sinks, before exiting the building. See the definition of "grease trap."
BEST MANAGEMENT PRACTICE (BMP)
The practices and procedures of a facility designed to prevent or minimize environmental damage. BMPs include, but are not limited to, treatment requirements, operating procedures, practices to control spillage or leaks, and grease disposal.
FATS, OILS, and GREASE (FOG)
Any fats, oils, and grease generated from the food preparation process. All are sometimes referred to as "grease."
FOG DISCHARGE PERMIT
A permit issued by the Program Administrator authorizing the discharge of wastewater to the public sanitary sewer system from an FPE.
A. 
Food preparation establishments are:
(1) 
Facilities that are regulated by the West Haven Health Department and are classified as a Class 3 or Class 4 food service establishment as defined by the Health Code of the State of Connecticut;
(2) 
Other facilities that engage in similar cooking methods that have the potential to produce fats, oils, and grease.
B. 
A Class 3 food service establishment shall be exempt from this article if it does not employ frying, sauteing, baking or roasting of meats, use of rotisseries, grills, smokers, or other methods that have the potential to generate fats, oils, or grease.
GREASE DISPOSAL FACILITY (GDF)
A regional collection/transfer/disposal site approved in accordance with the law for the disposal of FOG. This means a Department of Energy and Environmental Protection (DEEP) approved publicly/privately owned treatment works that is for the separation and disposal of FOG by incineration or other methods. Pursuant to § 22a-174-33 of the Regulations of Connecticut State Agencies related to Title V, Sources, an in-state regional incinerator must have an operating permit that lists FOG as a source of fuel.
GREASE TRAP
The term "grease trap" is used collectively to mean AGRUs and outdoor grease traps.
HAULER
Any person who collects the contents of a grease trap and transports it to a grease disposal facility. A hauler may also provide other services to food preparation establishments related to trap maintenance.
NONRENDERABLE GREASE
Fats, oils, and grease generated from food preparation or serving that has come into contact with water or other contaminants that prevent this FOG from being rendered. See "renderable grease."
OUTDOOR GREASE TRAP
A structure or device designed for the purpose of removing and preventing FOG from entering the public sanitary sewer system. These devices are often below-ground units built as two- or three-chamber baffled tanks. Traps shall have at least one inspection hatch at grade per chamber to facilitate inspection, cleaning, and maintenance by a hauler. See the definition of "grease trap."
PERMITTEE
The permittee represents the FPE and is authorized by the issuance of a FOG discharge permit to initiate, create, originate, or maintain a wastewater discharge from the FPE. The permittee shall be the owner or his local designee.
PERSON
Any individual, firm, association, society, corporation, or group.
PROGRAM ADMINISTRATOR (PA)
The WPCC, or person authorized by the WPCC, to conduct activities related to this article, including, but not limited to, approving discharge permits, approving variances, conducting facility inspections, and conducing enforcement procedures.
PUBLIC SANITARY SEWER SYSTEM
A sewer in which all owners of abutting properties have equal rights and which is controlled by a public authority. Includes the main pipe, manholes, other structures and equipment appurtenant thereto controlled and maintained by the WPCC for the conveyance of sanitary sewage.
RENDERABLE GREASE
The uncontaminated FOG from the food preparation process that is free of impurities and has not come in contact with water and can be recycled into products such as, but not limited to, animal feed or cosmetics.
Permitting program. All FPEs discharging wastewater to the public sanitary sewer system are subject to the following requirements:
A. 
Permitting. All FPEs shall be required to apply for and obtain a FOG discharge permit from the PA. The PA shall approve or deny all applications for the FOG discharge permits in accordance to the policies and regulations established in this article. The FOG discharge permit shall be in addition to any other permits, registrations, or occupational licenses, which may be required by federal, state or local law. It shall be a violation of this article for any FPE identified by the PA to discharge wastewater containing fats, oils, and grease to the public sanitary sewer system without a current FOG discharge permit. Following the initial enactment of this FOG article, any modification to this FOG article shall become effective immediately and be complied with within seven months of the modification. Upon modification to this article, existing FPEs may be required to reapply and submit the required fee.
B. 
Application form. The PA shall provide an application form for a FOG discharge permit to all FPEs. All existing FPEs shall submit a completed application form within 30 days of receipt of the application, or prior to the expiration of their valid FOG discharge permit. New FPEs shall obtain a FOG discharge permit prior to issuance of a food service license. Each application form submitted shall include, but not be limited to, the following information:
(1) 
Conceptual approval form.
(2) 
The FPE's engineer's design report for outdoor grease traps or AGRUs, including unit specifications, cut sheet, and sizing calculation.
(3) 
Hours of facility operation.
(4) 
A copy of the FPE's menu.
(5) 
A statement signed by the permittee as follows: "I have personally examined and am familiar with the information submitted in this document and all the attachments thereto, and I certify that, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining information, the submitted information is true, accurate, and complete to the best of my knowledge and belief. I understand that a false statement made in the submitted information may be punishable as a criminal offense, in accordance with § 22a-6 of the Connecticut General Statutes, pursuant to § 53a-157b of the Connecticut General Statutes, and in accordance with any other applicable statute."
C. 
Application procedure. Upon filing a completed FOG discharge permit application form with fee, and variance application if applicable, the PA shall review and approve or deny a FOG discharge permit. No system modification shall be initiated until approval is obtained.
D. 
FOG discharge permit.
(1) 
The FOG discharge permit must be displayed in a prominent position where it can be seen by staff.
(2) 
A FOG discharge permit shall not be transferred or sold to a new owner. A new owner is required to apply to the PA for a new FOG discharge permit.
(3) 
A new FOG discharge permit must be applied for when renovations are completed at an existing FPE, or on making significant changes to the menu.
(4) 
The terms and conditions of the permit are subject to modification by the WPCC during the term of the permit. If, due to changes in this article, modifications to a facility are required in order to remain in compliance, the permittee shall be informed at least six months prior to the compliance date of the new requirement or six months prior to the expiration date of the existing permit.
E. 
Entry. Each FPE shall allow the inspector, bearing proper identification, access at all reasonable times to all parts of the premises for the purpose of inspection, observation, records examination, measurements, sampling, and testing in accordance with the provisions of this article, The refusal of any FPE to allow the inspecting official entry for purposes of inspection or performing such other duties as shall be required shall constitute a violation of this article.
F. 
Inspection. The inspector shall inspect the FPE on an unscheduled basis after a FOG discharge permit has been issued to confirm compliance with the requirements of this article. All FPEs with a current FOG discharge permit shall be inspected. Inspections shall include, but not be limited to, all equipment, food processing, cleanup, and storage areas, and shall include any area that produces wastewater discharge to the grease trap. The inspector shall also inspect the grease trap maintenance logbook and/or file, other pertinent data to the grease trap, and may check the level of the trap contents and/or take samples/measurements as necessary. The inspector shall record all observations in a written report.
G. 
Violation reporting. A permittee shall immediately notify the PA by telephone upon learning or having reason to believe that a discharge may cause a sewer blockage or adversely affect the public sanitary sewer system and initiate corrective action to prevent further violations. The permittee shall report, in writing, such violation and corrective action taken to the PA within five days of the permittee learning of such violations.
A. 
No user shall allow wastewater discharge concentrations from a grease trap, or alternative pretreatment technology, to exceed 100 milligrams per liter. All analysis shall be conducted according to the current method as listed in 40 CFR 136 or as approved, in writing, by the PA. All costs associated with testing are the responsibility of the FPE.
B. 
Where outdoor grease traps are used, separate wastewater lines shall be provided to convey the sanitary and kitchen wastewater outside the facility. Only wastewater from the kitchen and cleanup areas shall be directed to the grease trap. In no case shall sanitary wastewater be allowed to enter the grease trap.
C. 
Wastewater having a temperature in excess of 140° F. shall not be discharged into any AGRU.
D. 
Any use of enzymes, solvents, emulsifiers, biological agents, and similar material for maintaining or cleaning grease traps is prohibited.
E. 
No food grinder or food pulper shall discharge into a grease trap.
F. 
All wastewater flows connected to grease traps shall be screened to prevent solids from entering the grease trap. Screened solids shall be disposed of in accordance with applicable solid waste regulations.
A. 
Requirements. All FPEs are required to have an outdoor grease trap or variance. The requirements in this article are in addition to any applicable requirements of the Connecticut Department of Energy and Environmental Protection (DEEP), General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments, the International Plumbing Code, and the Plumbing and Drainage Institute standards as adopted by the Office of the State Building Inspector.
B. 
Equipment requirements. On or after the effective date of this article, all FPEs discharging or proposing to discharge into the City of West Haven's public sanitary sewer system shall submit an application and obtain a permit to operate and maintain an outdoor grease trap, a variance for an AGRU, or a variance from the requirements of this article. All outdoor grease traps and AGRUs shall meet the requirements of this article.
C. 
On or after the effective date of this article, the PA shall require an existing FPE to install, operate, and maintain a new grease trap that complies with the requirements of this article, or to modify any noncompliant plumbing or existing grease trap within 60 days of written notification by the PA when any of the following conditions exist:
(1) 
The establishment is found to be contributing grease in quantities to cause pipe blockages or increase maintenance on the public sanitary sewer system.
(2) 
The establishment does not have a grease trap.
(3) 
The establishment has an undersized, irreparable, or defective grease trap.
(4) 
The existing establishment is sold or undergoes a change of ownership.
(5) 
Remodeling of a kitchen, which requires a plumbing permit to be issued by the City of West Haven.
(6) 
The menu of an establishment changes so that it meets the requirements of a FPE.
D. 
Variance from outdoor grease trap requirements. An AGRU may only be installed after authorization by the PA. The FPE shall request a variance, in writing, which shall consist of a completed program application and variance application.
E. 
Outdoor grease trap. Outdoor grease traps shall be installed in all FPEs. All outdoor grease traps shall meet the following criteria:
(1) 
Trap design and location. Outdoor grease traps shall have a minimum of two compartments and shall be capable of separation and retention of grease and storage of settled solids. Access manholes with a minimum diameter of 17 inches shall be provided over each trap chamber and sanitary tee. The manhole shall also have readily removable covers to facilitate inspections, grease removal, and wastewater sampling activities. The invert elevation of the inlet shall be between three inches and six inches above the invert elevation of the outlet.
(2) 
The trap shall be designed, constructed, and installed for adequate load-bearing capacity.
(3) 
Trap capacity. The minimum capacity of any one unit shall be 1,000 gallons. Where sufficient capacity cannot be achieved with a single unit, installation of grease traps in series is required.
(4) 
Trap sizing. At a minimum, the trap shall hold kitchen discharges equivalent to the maximum flows over a twenty-four-hour period. The maximum flow over a twenty-four-hour period shall be calculated by the method published by the Connecticut State Health Department.
(5) 
Pumping and maintenance. Each FPE shall be responsible for the cost of installing, inspecting, pumping, cleaning, and maintaining its outdoor grease traps. Outdoor grease trap cleaning shall include complete removal of all contents, including scraping of excessive solids from the walls, floors, baffles, and all pipe work. It shall be the responsibility of each FPE to inspect its outdoor grease trap during the pumping operation to ensure proper cleaning and that all fittings and fixtures are functioning properly.
(6) 
Outdoor trap pumping frequency. Each FPE shall have its outdoor grease trap(s) pumped whenever 25% of the operating depth of the outdoor grease trap is occupied by grease and settled solids, or a minimum of once every three months, whichever is more frequent.
(7) 
Inspections. The inspector shall inspect grease traps as necessary to ensure compliance with this article.
(8) 
Disposal. Renderable grease shall not be disposed of in any sewer, septic tank or grease trap. All renderable grease shall be stored in a separate, covered, leakproof, labeled, renderable grease container, stored out of reach of vermin and collected by a renderer.
(9) 
Grease removed from outdoor grease traps shall be disposed of at a grease disposal facility permitted by the DEEP.
(10) 
Recordkeeping. Each FPE shall maintain a logbook in which a record of all grease trap maintenance is entered, including the date and time of the maintenance, repairs, records of inspection, log of pumping activities, and grease disposal facility. The file shall be available at all times for inspections and review by the inspector.
F. 
Variance procedure. Two types of variances may be granted, program variances and equipment/BMP variances, as follows:
(1) 
Program variances. The PA may, at his sole discretion, exempt from this FOG program facilities that meet the definition of FPE, but whose wastewater discharge contributes negligible FOG to the sanitary sewer. This may include:
(a) 
FPEs which are itinerant vendors, either truck or cart, with no fixed sewer connection.
(b) 
Facilities generating a low volume of wastewater that meets the requirements of a de minimus discharge.
(2) 
Equipment/BMP variances. At the request of the permittee, the PA, at his sole discretion, may grant a variance from the equipment or BMP requirements of this article. Any change to the conditions of the variance must be reported to the PA for review within 30 days.
(3) 
A FPE that has been granted a variance shall have 30 days to report to the PA and West Haven Health Department any changes that cause a violation to the terms of the variance. Changes that may cause a violation to the terms of the variance may include, but are not limited to, hours of operation, food preparation techniques, or changes to the menu.
G. 
Alternative grease removal devices. The PA, at his sole discretion, may approve these types of devices depending on manufacturers' specifications and verified operations on a case-by-case basis. Alternative devices shall be subject to written approval based on a demonstration prior to installation.
(1) 
AGRU. AGRUs shall be prohibited at new FPEs, except as granted by a variance at the discretion of the WPCC.
(2) 
AGRU size. The AGRU design flow shall be sized by a licensed engineer according to the WPCC's guidelines, including all connected fixtures and drains.
(3) 
Traps shall have a removable lid on the top surface to facilitate inspection, cleaning, and maintenance.
(4) 
Flow control device. AGRUs shall be equipped with a device to control the rate of flow through the unit and shall not exceed design flow capacity.
(5) 
Cleaning and maintenance. Each FPE shall be solely responsible for the cost of the AGRU installation, cleaning, and maintenance. The AGRU shall include a skimming device, automatic drawoff, or other mechanical means to automatically separate fats and oils from the wastewater, using a timer or level controller. The AGRU shall be connected to the electrical circuit by either hardwire or cord-and-plug. The AGRU shall operate no less than once per day.
H. 
Other approved unit. If the permittee requests the use of a unit other than an outdoor grease trap or an AGRU, the permittee must demonstrate to the PA that the proposed unit can reliably meet the effluent limitations established in this article. Only after receiving approval from the PA will the permittee be authorized to install the proposed unit.
I. 
De minimis discharge. At the request of the permittee, the PA may grant a program variance from the treatment requirements of this article if it is determined that the FOG discharge is de minimus and insignificant. Any change to the conditions of the variance must be reported to the PA and the West Haven Health Department for review within 30 days.
A. 
The fees provided for in this article are separate and distinct from all other fees chargeable by the WPCC. All invoiced fees, pursuant to this article, shall become immediately due and owed upon receipt of invoice, and shall become delinquent if not fully paid within 30 days after receipt. All delinquent amounts shall be subject to the late fee.
B. 
Fines shall fall into two classifications: BMP violation and equipment installation violation.
C. 
A copy of the WPCC's current fees, applicable to all applications, permits, and notice of violation fines pursuant to this article, are on file at the WPCF.
D. 
Food preparation establishments shall be responsible for any processing fees on payments made through third parties. Processing fees include, but are not limited to, credit card fees, online payment fees, and collection fees.
A. 
Violations. If the PA records any deficiencies during an inspection, he or she will provide written or electronic notice to the FPE with instructions to correct the deficiency within 30 days of such notice for BMP violations or 60 days for equipment violations. A notice of violation (NOV) shall be issued to a FPE for any one or more of the following violations:
(1) 
Failure to properly maintain the grease trap in accordance with the provisions of the FOG article.
(2) 
Failure to maintain grease records, including documentation of pumping activities, grease disposal facility, or receipts, on site at all times.
(3) 
Failure to provide access for trap cleaning, inspections, or monitoring activities.
(4) 
Failure to obtain or renew FOG discharge permit in a timely manner.
(5) 
Failure to store grease in a proper container or dispose of grease at an approved facility.
(6) 
Any other failure to comply with the requirement of this article or condition of any permit issued pursuant to this article.
B. 
Enforcement actions. Enforcement actions against FPEs in violation of this article shall be according to the following provisions:
(1) 
Initial violation penalties. The PA may take enforcement actions against FPEs, including consent agreements, compliance agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with any user, or other person responsible for noncompliance. Such documents will include specific actions to be taken to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable, including but not limited to:
(a) 
Payment of the notice of violation fine as on file with the PA.
(b) 
Required corrective actions, including, but not limited to, submittal of records for trap maintenance, immediate pump-out of the trap, or establishment of an ongoing contract with a hauler or renderer.
(c) 
Requirements for submittal of plans or upgrade of grease traps, including time frames for preparation of plans, acquisitions of necessary equipment, initiation of construction (including time for permit approval, where required), completion of construction, and date of achievement of final compliance with the provisions of the notice of violation and this article.
(2) 
Continued violation penalties. If a FPE violates or continues to violate the provisions set forth in this article or fails to initiate/complete corrective action in response to a NOV, the PA may pursue one or more of the following options:
(a) 
Referral to other appropriate enforcement agencies for further action, i.e., the Health Department and CT DEEP.
(b) 
Refer the NOV to the Health Department, recommending closure of the facility and/or denial of food service license renewal.
(3) 
Discharge permit revocation. Any discharge permit issued under the provisions of this article is subject to be modified, suspended, or revoked, in whole or in part, during its terms for failure to comply with the terms of this article. Any denial or revocation of a permit pursuant to this article may be appealed to the WPCC. The permittee shall have 15 days from the date of notification of the permit denial or revocation to submit a written request for a hearing before the WPCC. Failure to file an appeal constitutes acceptance of the decision to deny or revoke the permit and any conditions thereof. The WPCC shall conduct a public hearing and decide within 60 days from receipt of appeal whether or not to grant the permit. The decision of the WPCC shall be final. Cause for FOG discharge permit modification, suspension, or revocation shall include, but not be limited to, any one of the following:
(a) 
Falsification of any information submitted as part of the application for the discharge permit.
(b) 
Failure to comply with the requirements or regulations concerning discharges to the public sanitary sewer systems.
(c) 
Failure to comply with the requirements or regulations concerning grease traps in this article.
(d) 
Failure to pay required fees or penalties in a timely manner.
(e) 
Failure to attend required BMP training courses, if required by the PA.
(f) 
When necessary to protect the public health, safety, and welfare of the City of West Haven.
(4) 
Recovery of costs. When a discharge causes any obstruction, damage or any other impairment of the public sanitary sewer system, damage to public or private property, or any expenses of whatever character or nature to the WPCC and/or the City of West Haven, the WPCC shall assess the expenses incurred to clear the obstruction, repair damage to the system, and any other expenses or damage of any kind or nature suffered by the City as a result thereof, including reimbursement for damage to private property. The WPCC may file a claim with the user or other person that caused the obstruction, damage, or other impairment for recovery of such costs, including collection costs. If the claim is ignored or denied, the WPCC shall notify the Corporation Counsel to take such measures as shall be appropriate to recover any expenses or to correct other damages suffered by the City.
(5) 
Remedies nonexclusive. The remedies in this article are not exclusive. The WPCC may take any, all, or any combination of these actions against any person violating this FOG article.
(6) 
Search warrant. The WPCC, through the City's Corporation Counsel, may seek to obtain a search warrant from the appropriate authority to gain access to a FPE's facility for the purpose of verification of compliance, inspection, and monitoring, if such lawful entry has previously been denied by the FPE.
(7) 
Citation to Superior Court. Notwithstanding any of the above, the WPCC may cite any user to Superior Court for violation of any provision of this article. A violation of any condition or requirement of a discharge permit, or failure to obtain such a permit, shall be deemed to be a violation of this article.
(8) 
Injunction and other relief. The City, through its Corporation Counsel, may file a petition in the name of the City in Superior Court or such other courts as may have jurisdiction seeking the issuance of an injunction, damages, or other applicable remedy at law. Suit may be brought to recover any and all damages suffered by the City as a result of any action or inaction of any person that causes or suffers damage to occur to the WPCC's public sanitary sewer system.
C. 
Any person found to have violated any provision of this article or any condition of a permit issued pursuant to this article may be liable for a civil fine up to $250 per violation. Each separate violation shall constitute a separate offense, and for violations continuing longer than 60 days, each day's continuance of a violation shall constitute a separate and distinct violation. In addition to the penalties provided herein, the City may recover attorney's fees, court costs, court reporter's fees, and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued hereunder.