[Adopted 6-16-1999]
A. 
The Town of Middlefield (the "Town"):
(1) 
Is the owner and operator of a public sewer; and
(2) 
Does not own, operate or have located within the territorial limits of the Town any arrangements or devices for the treatment of sewage and sludge; and
(3) 
Has entered into a written contract with the City of Middletown and the City of Meriden (the "City" will be used to reference the City of Middletown and/or the City of Meriden, depending on the context of the use) whereby and wherein each City has agreed to accept, treat and discharge the flow of sewage from certain parts of the Town's public sewer into and out of the water pollution control facility owned, operated and maintained by each City within the City, upon terms and conditions set forth in each contract.
B. 
This article establishes the procedures for making connections to the public sewer in the Town's sanitary sewer system. It also establishes specific limits for pollutant discharges which by their nature or by their interaction with sewage will be detrimental to the public health, cause damage to the public sewer or the water pollution control facility, pollute the waters of the state, or otherwise create a public nuisance.
C. 
This article is intended to:
(1) 
Inform the public as to the technical and administrative procedures to be followed in obtaining connections to the Town's sanitary sewer system;
(2) 
Prevent the introduction of pollutants into the sanitary sewer system which will interfere with the collection and/or treatment of sewage;
(3) 
Prevent the introduction of pollutants into the treatment system which will pass through the system, inadequately treated, into the waters of the state or the atmosphere, or otherwise be incompatible with the system;
(4) 
Improve the opportunity to recycle and reclaim wastewaters and sludges from the system.
D. 
This article shall apply to the Town. Except as otherwise provided herein, the Water Pollution Control Authority of the Town shall otherwise implement and enforce the provisions of this article.
E. 
Purpose. In addition to those areas previously sewered by using the City of Middletown sewer systems, the Town of Middlefield has been directed by the Connecticut Department of Energy and Environmental Protection, pursuant to a pollution abatement order dated February 14, 1990, to address failures of residential on-site subsurface wastewater disposal systems (septic systems) in the Lake Beseck area of Middlefield.
F. 
Findings and sewer avoidance. The Middlefield Water Pollution Control Authority (hereinafter "MWPCA") has determined that, due to the number of system failures and the difficulty in addressing these failures on site, the affected areas will be sewered and connected to a sewer in Meriden. The Connecticut Department of Energy and Environmental Protection, in its January 1978 "Report to the Joint Standing Committee on the Environment on the Establishment and Administration of a Municipal and Town Sewer Avoidance Program," declared sewer avoidance to be a desirable policy in rural communities where sewers do not exist and are not planned. It further recognized that sewer avoidance is a useful and, indeed, necessary tool to control and plan development consistent with historical or planned development patterns in many municipalities. The Department's recommendations served as the principal basis for the 1978 amendments to § 7-246 of the Connecticut General Statutes, which provided for the preparation of a water pollution control plan by municipal water pollution control authorities. The MWPCA concludes that sewer avoidance is generally appropriate as a policy for the entire Town of Middlefield. The State of Connecticut has continued to reflect these findings in its Conservation and Development Policies Plan for Connecticut 1992-1997. The flow capacity of the Lake Beseck sewer is limited. Therefore, the Town of Middlefield, in concurrence with the MWPCA, has resolved to ensure that all properties within the Lake Beseck Sewer Service Area, and the other two areas described in Subsection G(1)(b) of this section, are provided adequate use of the sewer service area facilities, and that the requirements of the Department of Energy and Environmental Protection shall be met. Accordingly, these ordinances are being adopted to regulate the use of the facilities constructed to serve the Lake Beseck Sewer Service Area and the other areas in Town which have been sewered. One of the purposes of this regulation is to prevent the proliferation of new construction in the Lake Beseck area unless it meets the Public Health Code requirements for an on-site septic system. The construction of the sewer system is to remedy a problem, not to provide for the over-development of structures in an environmentally sensitive area.
G. 
Designation of areas.
(1) 
Designation and delineation of sewer service and nonservice areas. The MWPCA hereby adopts and incorporates by reference the map entitled "Lake Beseck Sewer System Sewer Service Area 3/5/98 Middlefield, Connecticut," which designates the following:
(a) 
The Lake Beseck Sewer Service Area;
(b) 
All geographical area located within the Town of Middlefield but not depicted on the above-referenced map, and all areas, lots and parcels depicted on the map but not specifically included in Subsection G(1)(a) above are hereby established as areas where sewers are to be avoided and prohibited, except for that area currently serviced by the Middletown sewer line as shown in a map entitled "Route 66 and Zygo Area - 2 pages," attached hereto.[1]
[1]
Editor's Note: The maps referenced are on file in the Town offices.
(2) 
Designation of additional areas. The MWPCA may designate additional areas to be added to the sewer service area by changing the boundary line of the area, after approval by the Connecticut Department of Energy and Environmental Protection pursuant to § 22a-416 of the Connecticut General Statutes, in accordance with the following requirements:
(a) 
Prior to designating an area to be added to the sewer service area, the MWPCA shall hold a public hearing. Notice of the public hearing shall be published twice in a newspaper of general circulation in the Town, the first not more than 15 days nor less than 10 days before the hearing and the second at least two days before the public hearing. In addition, notice shall be given, by certified mail, return receipt requested, to each owner of record of land located in the area to be designated.
(b) 
The MWPCA may designate an additional area only upon a finding that:
[1] 
The lots to be served in the proposed area are building lots which contain existing buildings with on-site septic systems at the time of the designation.
[2] 
The area has experienced a high rate of septic system failure.
[3] 
Site conditions make on-site repairs impracticable.
[4] 
Other feasible alternatives do not exist.
[5] 
The utilization of the facilities constructed to serve the sewer service area by the additional area will not interfere with or preclude those lots within the existing sewer service area from utilization of the sewer service area facilities or otherwise diminish reserve capacity to a point that interferes with utilization of the facilities by lots lying within the service area.
[6] 
The requirements of the interlocal agreement with the City are met.
[7] 
Adequate capacity exists in the sewer system.
(c) 
Designation of an additional area shall require the affirmative vote of a majority of the Water Pollution Control Authority. "Majority" in these regulations means a majority of the whole MWPCA and would require a minimum of four affirmative votes.
The following words and phrases used in this article shall have the following meanings, unless the context requires otherwise:
ACT or THE ACT
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.
BIOCHEMICAL OXYGEN DEMAND (BOD)
The amount of oxygen required by bacteria while stabilizing decomposable organic matter under aerobic conditions for five days. The determination of BOD shall be performed in accordance with the procedures prescribed in the latest edition of Standard Methods for the Examination of Water and Wastewater.
BUILDING
A structure having a roof supported by walls, poles, columns, etc., and intended to afford shelter to persons, animals or chattels. It shall not include structures accessory to the principal structure(s) on the lot and within or from whose confines no discharge of sewage, pollutants or wastewater occurs.
BUILDING DRAIN
That part of the lowest horizontal piping of a building's plumbing which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet (1.5 meters) outside the inner face of the building wall.
BUILDING LOT
A property which has been or may be developed on the basis of an on-site septic system in compliance with the requirements of the Connecticut Public Health Code and in accordance with the Middlefield Zoning and Subdivision Regulations.
BUILDING SEWER
The extension from the building drain to the public sewer or other place of disposal, it may also be called a "house connection."
CATEGORICAL STANDARDS
The National Categorical Pretreatment Standards or "pretreatment standards."
COMBINED SEWER
A sewer intended to receive both sewage and stormwater or surface water.
COMMISSIONER
The Commissioner of Energy and Environmental Protection for the State of Connecticut.
COMPATIBLE POLLUTANT
Biochemical oxygen demand, suspended solids, pH and fecal coliform bacteria; plus any additional pollutants identified in the water pollution control facilities NPDES permit, where the water pollution control facility is designed to treat such pollutants and, in fact, does treat such pollutants to the degree required by the NPDES permit.
COMPOSITE SAMPLE
A mixture of aliquot samples obtained at regular intervals over a time period. The volume of each aliquot is proportional to the discharge flow rate for the sampling interval. The minimum time period for composite sampling shall be four hours.
COOLING WATER
Process water in general used for cooling purposes to which the only pollutant added is heat and which has such characteristics that it may be discharged to a natural outlet in accordance with federal and state laws and regulations.
DOMESTIC SEWAGE
Sewage that consists of water and human excretions or other waterborne wastes incidental to the occupancy of a residential building or nonresidential building but not wastewater from water-softening equipment, commercial laundry wastewater, and blow down from heating and cooling equipment.
FLOATABLE OIL
Oil, fat or grease in a physical state such that it will separate by gravity from sewage by treatment in an approved pretreatment facility.
GARBAGE
The animal or vegetable waste resulting from the handling, preparation, cooking or serving of foods and the handling, storage and sale of produce.
GRAB SAMPLE
A sample which is taken from a waste stream on a onetime basis with no regard to the flow in the waste stream and without consideration of time.
HOLDING TANK WASTE
Any waste from holding tanks such as vessels, chemical toilets, campers, trailers and septage-hauling trucks.
INCOMPATIBLE POLLUTANT
All pollutants other than compatible pollutants as defined above.
INDUSTRIAL WASTEWATER
All wastewater from industrial processes, trade or business and is distinct from domestic sewage.
LAKE BESECK SEWER SERVICE AREA FACILITIES
All interceptor sewers, lateral sewers, force mains and pump stations located in the Lake Beseck area which serve the areas designated in § 370-6F(1) set forth herein.
MAY
Is permissive (see "shall").
NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT (NPDES PERMIT)
A permit issued to the municipality pursuant to Section 402 of the Act (33 U.S.C. § 1342).
pH
The logarithm of the reciprocal of the hydrogen-ion concentrations. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
PERSON
Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural, where indicated by the context.
PROPERLY SHREDDED GARBAGE
The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than 1/2 inch (1.27 centimeters) in any dimension.
PRETREATMENT or TREATMENT
The reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to or in lieu of discharging or otherwise introducing such pollutants into a water pollution control facility. The reduction or alteration can be obtained by physical, chemical or biological processes, except as prohibited by Title 40, Code of Federal Regulations, section 403.6(d).
PUBLIC SEWER
A common sanitary sewer controlled by the Town of Middlefield.
SANITARY SEWER
A sewer which collects and conveys domestic sewage from residences, public buildings, commercial establishments, industries and institutions. A sanitary sewer may also collect and convey permitted industrial wastewater and unintentionally admitted groundwater, stormwater and surface waters.
SEPTAGE
The liquids and solids which are removed from a tank used to treat domestic sewage.
SEWAGE
Human and animal excretions and all domestic and such manufacturing wastes as may tend to be detrimental to the public health.
SEWAGE COLLECTION SYSTEM
The structures and equipment required to collect and convey sewage from the Town to the Water Pollution Control Facility.
SEWER SERVICE AREA
An area specifically designated by the MWPCA in which existing structures will be sewered and may be connected to the Lake Beseck interceptor sewer upon construction of that sewer as provided herein or that area specifically designated by the MWCPA to be serviced by the Middletown sewer service as provided herein.
SHALL
Is mandatory (see "may").
SLUG
Any sudden or excessive discharge which exceeds permitted levels either in terms of pollutant concentration or instantaneous flow rate in such a manner as to adversely affect the sewage collection system and/or the Water Pollution Control Facility.
SOLUBLE OIL
Oil which is of either mineral or vegetable origin and disperses in water or sewage at temperatures between 0º C. and 65º C. For the purposes of this article, emulsified oil shall be considered as soluble oil.
STORM SEWER
A sewer which collects and conveys stormwater or groundwater.
SUSPENDED SOLIDS
The solids matter, measured in milligrams per liter, which may be in suspension, floatable or settleable, and is removable by laboratory filtering as prescribed in the latest edition of "Standard Methods for Examination of Water and Wastewater."
TOXIC POLLUTANT
Any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency under the provisions of Section 307(a) of the Act or other acts.
USER
Any person who contributes, causes or permits the contribution of sewage into the Town's sewer system.
WATERCOURSE
A natural or artificial channel for the passage of water either continuously or intermittently, as defined in Connecticut General Statutes § 22a-38, as amended.
WATER POLLUTION CONTROL AUTHORITY (MWPCA)
The Middlefield Water Pollution Control Authority.
WATER POLLUTION CONTROL FACILITY (WPCF)
The arrangement of devices for the treatment of sewage and sludge owned, operated and maintained by the City, which accepts, treats and discharges sewage flow from the Town's public sewer.
A. 
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town may, at the option of the Town and at the owners' expense, be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this article within 90 days after the date of official notice to do so. Such order shall be issued only after public hearing and notice in accordance with Connecticut General Statutes § 7-257, as amended.
B. 
It shall be unlawful for any person to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended for the disposal of sewage if public sewers are available.
A. 
Orders to connect.
(1) 
In accordance with § 7-257 of the Connecticut General Statutes, the owner(s) of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Town of Middlefield and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary or combined sewer of the Town of Middlefield may, at the option of the MWPCA and at the owners' expense, be required to install a building sewer to connect their building drain to the public sewer in accordance with the provisions of this article within 90 days after date of official notice to do so.
(2) 
It shall be unlawful for any person to construct or repair any privy, privy vault, septic tank, cesspool or other facility intended for the disposal of sewage if public sewers are available.
(3) 
No unauthorized persons shall uncover, make any connections with or opening to, discharge any waste into, use, alter, repair or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Sanitarian of the Town of Middlefield or other duly qualified and licensed MWPCA agent (hereinafter referred to as "Inspector") and the MWPCA.
(4) 
No certificate of occupancy for a building with a connection to a public sewer shall be signed by the Inspector until the building sewer and its connections are accepted by the MWCPA.
B. 
New or changed discharge. Any person proposing a new discharge into the public sewer system or a substantial change in the volume or character of pollutants (also see § 370-12D) that are being discharged into the public sewer system shall notify the Inspector and the MWPCA at least 45 days prior to the proposed change or connection.
C. 
Application to permit connection to public sewer.
(1) 
A person intending to connect a building drain from his property to the public sewer shall first obtain a permit to connect from the Inspector and the MWPCA. The application shall be made on forms provided by the Inspector and the MWPCA, and it shall be accompanied by a sketch or plan showing the proposed installation in sufficient detail to enable the Inspector to determine that the proposed installation meets the requirements of this article, the Town's ordinances and other applicable specifications, codes and laws. The application shall also include the proposed type and manner of connection, the authority to connect to the public sewer, the type and or change in use for the property, and the amount of estimated discharge. The MWCPA can approve the application if it meets the requirements as set forth within these regulations or deny the application if it does not meet these requirements. The application shall be signed by the owner of the premises to be served or his authorized agent and/or by the qualified contractor (see Subsection L) who has been chosen to perform the work of installing and connecting the building drain to the public sewer. Upon approval of the application and plan, a permit shall be issued to have the work performed by the stated contractor. In the event the premises changes ownership before the work is completed, or if another contractor is chosen to perform or finish the work, the original permit becomes void, and a new permit must be obtained by the new parties in interest.
(2) 
A connection to the public sewer will be made only after the building's plumbing has been approved by the Inspector or in order to insure that minimum standards are met for the installation. A fresh air vent shall be required for the building and all plumbing shall be in good working order. No trench containing a building drain or connection to the sanitary sewer shall be backfilled until the Inspector has completed an inspection of and approved the work. The water level in the trench shall be maintained at a level below the sewer connection before the cap is removed and while the connection is being made and until such time as it has been inspected, approved and backfilled. The contractor shall notify the Inspector 24 hours before starting any work authorized under this permit.
(3) 
Permits to connect to the public sewer may be revoked and annulled by the Inspector or MWPCA for such cause and at such time as he may deem sufficient and the Town held harmless as a consequence of said revocation or the cause thereof. All other parties in interest shall be held to have waived the right to claim damages from the Town or its agents on account of such revocation.
(4) 
The MWCPA shall own all sewer pipe, grinder pumps and connections to grinder pumps from the sewer pipe, and those appurtenances within any existing or planned right-of-way. Persons who connect to the public sewer shall be responsible for repairs from their structure to any tee or wye. If the MWCPA authorizes any extension of its sewer pipe to a private party and enters into a developer's agreement, then that sewer pipe extension shall become the property of the MWCPA upon acceptance.
D. 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owners. The owners shall agree in writing to indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
E. 
A separate and independent building sewer shall be provided for every building; except where a building (the "rear building") stands on an interior lot and no public sewer is available or can be constructed to the rear building through an adjoining alley, courtyard or driveway, the building sewer that provides service for the building which fronts on the public sewer may be extended to the rear building and the whole considered as one building sewer; but the Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any such aforementioned connection.
F. 
Existing building sewers may be used in connection with new buildings only when they are found, on examination and test by the Inspector, to meet all requirements of this article.
G. 
The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling, and trench and connection of the building sewer to the public sewer shall all conform to the requirements of the Building and Plumbing Code or other applicable rules and regulations of the Town and State of Connecticut. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the ASTM (American Society of Testing Materials) and WPCF (Water Pollution Control Federation) Manual of Practice No. 9 shall apply.
H. 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by means approved by the Town Inspector and the City and discharged to the building sewer. Duplex lift systems shall be provided for commercial and industrial buildings.
I. 
No persons shall make connection of roof downspouts, foundation drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sewer.
J. 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town.
K. 
No building sewer shall be constructed within 25 feet of a water supply well. If a building sewer is constructed within 25 to 75 feet of a water supply well, it shall be constructed in accordance with all applicable guidelines promulgated by the Commissioner.
L. 
All building sewers shall be installed by a qualified individual who possesses a valid license issued under Chapter 393 of the Connecticut General Statutes, as amended, or any property owner exempted under the law.
M. 
The following construction practices and materials shall be used to install building sewer connections:
(1) 
The building sewer connection must be minimum four-inch PVC plastic sewer pipe and carried to within five feet (1.5 meters) of cellar wall; from this point five feet (1.5 meters) of four-inch (10.16 cm) extra-heavy soil pipe is to be used through cellar wall. The pipe must have a true grade no less than 1/4 inch to one foot. All joints to be made with braided jute and compound, or suitable rubber gasket or "O" ring. All pipes must be bedded with sand one foot under the pipe, with six inches of sand on the top and sides of the pipe.
(2) 
Connection of the building sewer to the main sewer line should be made to existing wyes wherever possible. Where a wye does not exist, the main sewer line shall be cut and a wye inserted with suitable leakproof connections. The building sewer to wye connection shall be made watertight and gastight and proved by a pipe test.
(3) 
All cleanouts must be carried above the cellar floor to prevent surface water from entering the sewer. No surface water shall be allowed to enter the sewer. All work in connection with main house drain must be performed by a licensed plumber and in accordance with local, state and national building and plumbing codes or by someone with an exemption thereunder.
(4) 
All four-inch (15.24 cm) building sewers shall be leakage tested and demonstrated to have a maximum infiltration amount not to exceed 0.22 gallon per foot per 24 hours.
A. 
No person shall discharge or cause to be discharged any unpolluted waters such as stormwater, surface water, groundwater, roof runoff, subsurface drainage, or cooling water to any sanitary sewer.
B. 
Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers and discharged to a watercourse in accordance with all applicable state and federal laws and regulations.
C. 
No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or wastewater which will interfere with the operation or performance of the WPCF. These general prohibitions apply to all such users of the WPCF, whether or not the user is subject to National Categorical Pretreatment Standards or any other federal or state pretreatment standards or requirements. A user shall not contribute the following substances to the WPCF:
(1) 
Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the WPCF or to the operation of the WPCF. At no time shall two successive readings on an explosion hazard meter, at the point of discharge into the sewage collection system (or at any point in the system), be more than 5% nor any single reading over 10% of the lower explosive limit (LEL) of the meter.
(2) 
Solids or viscous substances which may cause obstruction to the flow in a sewer or other interference with the operation of the WPCF, including substances such as, but not limited to, grease, garbage with particles greater than 1/2 inch in any dimension, animal guts or tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags, spent grains, spent hops, waste paper, wood plastics, gas, tar, asphalt residues, residues from refining or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(3) 
Any sewage having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the WPCF. The upper limit of pH for any industrial wastewater discharge shall be established under the discharger's state discharge permit.
(4) 
Any sewage containing toxic pollutants in sufficient quantity, either singly or by interaction with other pollutants, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals or plant life, create a toxic effect in the receiving waters of the WPCF, or to exceed the limitation set forth in a categorical pretreatment standard. A toxic pollutant shall include, but not be limited to, any pollutant identified pursuant to Section 307(a) of the Act.
(5) 
Any noxious or malodorous sewage, gases or solids which either singly or by interaction with other sewage are sufficient to prevent entry into the public sewers for their maintenance and repair.
(6) 
Any sewage which, by interaction with other sewage in the public sewer releases obnoxious gases, forms suspended solids which interfere with the collection system, or creates a condition which may be deleterious to structures and treatment processes or which may cause the effluent limitations of the WPCF's NPDES permit to be exceeded.
(7) 
Any substance which may cause the WPCF's effluent or any other produce of the WPCF, such as residues, sludges or scums, to be unsuitable for reclamation process where the WPCF is pursuing a reuse and reclamation program. In no case shall a substance discharged to the WPCF cause the facility to be in noncompliance with sludge use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; any criteria, guidelines or regulations affecting sludge use or disposal developed pursuant to the Resource Conservation and Recovery Act, Clean Air Act, the Toxic Substances Control Act, or state criteria applicable to the sludge management method being used.
(8) 
Any substance which will cause a WPCF to violate its NPDES permit or the receiving water quality standards.
(9) 
Sewage containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed by the WPCF or are amenable to treatment only to such degree that the WPCF effluent cannot meet the limits stipulated in the City's NPDES permit.
D. 
The following described substances, materials, waters or waste shall be limited in discharges to public sewers to concentrations or quantities which will not harm either the sewers, WPCF, will not have an adverse effect on the receiving watercourse, or will not otherwise endanger public property or constitute a nuisance. The Commissioner may set lower limitations if more severe limitations are necessary to meet the water quality standards of the receiving watercourse or if the state regulations are changed. The limitations or restrictions on materials or characteristics of sewage discharged to the public sewer are as follows:
(1) 
Sewage having a temperature higher than 150º Fahrenheit (65º C.).
(2) 
Sewage containing fat, wax, grease, petroleum or mineral oil, whether emulsified or not, in excess of 100 milligrams per liter with floatable oil not to exceed 20 mg/l or containing substances which may solidify or become viscous at temperatures between 32º and 150º F. (0º and 65º C.).
(3) 
Any garbage that has not been properly shredded (see definition of "properly shredded garbage" in § 370-7). Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments, or similar places where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers.
(4) 
Any sewage containing odor-producing substances exceeding limits which may be established by the Commissioner.
(5) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Commissioner in compliance with all applicable state and federal regulations.
(6) 
Materials which exert or cause:
(a) 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime, slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
(b) 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
(c) 
Unusual BOD, chemical oxygen demand, or chlorine demand in such quantities as to constitute a significant load on the WPCF.
(d) 
Unusual volume of flow or concentrations of wastes constituting a "slug" as defined in § 370-7.
(7) 
Overflow from holding tanks or other receptacles storing organic wastes.
(8) 
Any waters or waste containing dissolved or suspended metals, including, but not limited to, chrome, cyanide, copper, iron, nickel, zinc and similar objectionable or toxic substances to such a degree as may be established by the Commissioner or the City. Such waters or wastes shall include, without being limited to, sewage with a concentration of pollutants in excess of the following limits:
Pollutant
Concentration
[parts/million (mg/l)]
Arsenic as As
0.05
Barium as Ba
5.0
Boron as B
5.0
Cyanides as CN (amenable)
0.1
Fluoride as F
20
Chromium (Total)
1.0
Chromium (Cr +6)
0.1
Magnesium as Mg
100
Manganese as Mn
5.0
Copper as Cu
1.0
Zinc as Zn
1.0
Cadmium
0.07
Lead
0.1
Tin
2.0
Silver
0.1
Mercury
0.01
Nickel
1.0
Note: All metals are to be measured as total metals.
E. 
Any person planning to initiate a discharge of water, substance or material into the public sewer shall acquire from the Commissioner or his duly designated agent any permit required under § 22a-430 of the Connecticut General Statutes, as amended, and under any regulation adopted thereunder.
(1) 
As set forth in Connecticut General Statutes § 22a-430 and the regulations adopted thereunder, a permit from the Commissioner of Energy and Environmental Protection is required prior to the initiation of a discharge of any of the following wastewaters to a public sewer:
(a) 
Industrial wastewater of any quantity.
(b) 
Domestic sewage in excess of 5,000 gallons per day through any individual building sewer to a public sewer.
(2) 
A potential discharger must submit a permit application to the Department of Energy and Environmental Protection not later than 90 days prior to the anticipated date of initiation of the proposed discharge.
(3) 
Any person proposing to discharge into the public sewer a discharge that does not require a permit from the Commissioner shall nevertheless be responsible for obtaining, prior to initiating such discharge, any permit for the discharge that may be required by statute, regulation or this article.
(4) 
A potential discharger must submit a permit application to the State of Connecticut Department of Energy and Environmental Protection not later than 90 days prior to the anticipated date of initiation of the proposed discharge.
F. 
Treatment of hazardous substances.
(1) 
If any sewage is discharged or is proposed to be discharged to the public sewers which contains the substances or possesses the characteristics enumerated in Subsection D of this section, and which in the judgment of the Inspector may have a deleterious effect upon the wastewater facilities, processes, equipment or receiving waters, or which otherwise may create a hazard to life or constitute a public nuisance, the MWPCA may:
(a) 
Reject the wastes.
(b) 
Require pretreatment to an acceptable condition for discharge to the public sewers.
(c) 
Require control over the quantities and rates of discharge.
(d) 
Require additional payment to cover the added cost of processing the wastes.
(2) 
If the MWPCA permits the pretreatment or equalization of waste flows, the design and installation of the equipment shall be subject to the review and approval of the MWPCA and subject to the requirements of all applicable codes, ordinances and laws.
G. 
The MWPCA shall have the right to reject the discharge of any wastes or require more stringent effluent limitations than required by the user's § 22a-430 permit, the decisions of the Commissioner notwithstanding.
H. 
Grease, oil and gross particle separators shall be provided when, in the opinion of the MWPCA, they are necessary for the proper handling of sewage containing floatable grease in excess amounts, as specified in Subsection D(2), or any flammable wastes, sand or other harmful substances; except that such separators shall not be required for private living quarters or dwelling units. All separators shall be of a type and capacity approved by the MWPCA and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these separators, the owners shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates and means of disposal, which are subject to review by the MWPCA. Any removal and hauling of the collected materials shall be performed by a waste disposal firm which possesses a valid permit from the Commissioner under § 22a-429 of the Connecticut General Statutes, as amended.[1]
[1]
Editor's Note: Section 22a-429 of the Connecticut General Statutes was repealed by P.A. 87-261, § 13.
I. 
Where pretreatment or flow-equalizing facilities are provided or required for any sewage, they shall be maintained continuously in satisfactory and effective operation by the owners at their expense.
J. 
When required by the MWPCA, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure, together with such necessary meters and other appurtenances, in the building sewer to facilitate observations, sampling and measurement of the wastes. Such structure, when required, shall be accessible and safely located and shall be constructed in accordance with plans approved by the MWPCA. The sampling structure shall be located at a point along the industrial waste stream where a representative sample of the industrial wastewater may be obtained prior to its being diluted by domestic sewage in the building sewer. The structure shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times.
K. 
All industries discharging into a public sewer shall perform such monitoring of their discharge as required by the Commissioner in any state discharge permit issued pursuant to § 22a-430 of the Connecticut General Statutes, as amended, including, but not limited to, installation, use and maintenance of monitoring equipment, keeping records and reporting the results to the Commissioner and the Chairman of the MWPCA. Such records shall be made available upon request of the Commissioner or the Inspector.
L. 
All measurements, tests and analyses of the characteristics of sewage to which reference is made in this article shall be determined in accordance with the latest edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis, subject to the stipulations and general conditions of the discharger's state discharge permit.
M. 
No statement contained in this article shall be construed as preventing any special agreement or arrangement between the Town and the MWCPA and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town and the MWCPA and City for treatment, provided that such agreements do not contravene any requirements of existing state or federal regulations and are compatible with any user charge and industrial cost recovery system in effect.
N. 
Upon the promulgation of the Federal Categorical Pretreatment Standard for a particular industrial subcategory, the federal standard, if more stringent than limitations imposed under this article for sources in that subcategory, shall supersede the limitations imposed under this article.
O. 
No user shall increase the use of process water in an attempt to dilute a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the limitations contained in the Federal Categorical Pretreatment Standards or in any specific pollutant limitations which may be developed by the Commissioner.
P. 
Each user shall provide protection from accidental discharge of prohibited materials or other substances regulated by this article. Facilities to prevent accidental discharge of prohibited materials shall be provided and maintained at the owner's or user's own cost and expense. The MWPCA may require that plans showing facilities and operating procedures be submitted for review and approval prior to construction of the facilities.
(1) 
Within five days following an accidental discharge, the user shall submit to the Inspector a detailed written report describing the cause of the discharge and the measures to be taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of any expense, loss, damage or other liability which may be incurred as a result of damage to the WPCF, fish kills, aquatic plants, or any other damage to persons or property; nor shall such notification relieve the user of any fines, civil penalties or other liability which may be imposed by this article or other applicable law.
(2) 
A notice shall be permanently posted on the user's bulletin board or other prominent place advising employees whom to call in the event of a dangerous discharge. Employers shall ensure that all employees are advised of the emergency notification procedure.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance or equipment which is a part of the sewage collection system or the WPCF.
A. 
The Inspector and other duly authorized agents and/or employees/agents of the Town bearing proper credentials and identification shall be permitted to enter all properties within the Town for the purposes of inspection, observation, measurement, sampling and testing necessary to implement and enforce the provisions of this article.
B. 
While performing the necessary work in private properties referred to in Subsection A above, the Inspector or duly authorized employees/agents of the Town shall observe all safety rules applicable to the premises established by the user. The user shall be held harmless for injury or death to the Town's employees/agents and the Town shall indemnify the user against loss or damage to his property by Town employees/agents and against liability claims and demands for personal injury or property damage asserted against the user and growing out of the gauging and sampling operations; except as such injury, death, loss or damage may be caused by negligence or failure of the user to maintain safe conditions as required in § 370-10J.
C. 
The Inspector and other duly authorized employees or agents of the Town bearing proper credentials and identification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement or agreement for the purposes of repair and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property.
D. 
Change of use. In order that the MWPCA may properly monitor wastewater flows from properties connected to the Middlefield sewerage system, it is necessary that information regarding any significant changes to the uses of those properties be reported to the MWPCA. Therefore, any owner of property connected to the sewerage system shall, prior to the construction of any additional buildings or structures on the property or any alteration of an existing building or structure that would increase the bulk volume of such building or structure or add any toilets, sinks or water fixtures, file with the MWPCA a written notice of intention to undertake such construction or alteration, together with sufficient plans to enable the MWPCA to understand and review the nature and potential effects on use of such construction or alteration, and a written statement as to the extent to which such construction or alteration and the uses to which such new or altered buildings or structures may be put would be expected to increase the average daily wastewater flows from the property. The MWPCA may refuse to allow such additional wastewater flow if it determines that such flow would either: 1) exceed the capacity of the sewerage system, as permitted under the intermunicipal agreement; or 2) adversely affect any part or any process of the sewerage system. The Building Inspector, Inspector or Zoning Enforcement Officer shall also notify the MWPCA of any proposed or unauthorized work as described in this subsection.
A. 
Any person found to be in violation of any provisions of this article shall be served by the MWPCA or the Inspector with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. If the MWPCA finds that any connection has been made to the sewerage system or that any flows to the sewerage system have been increased in violation of any provision of this article, the MWPCA may order the disconnection of the noncomplying property from the sewerage system or may issue such other orders or take such other actions as may be allowed by law to bring such properties into compliance with this article. The Inspector, in addition to the MWPCA, also has the authority to enforce this article. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who continues any violation beyond the time limit provided for in Subsection A shall be guilty of a violation and, on conviction thereof, shall be fined in an amount not exceeding $100 for each separate offense. Each day in which any such violation shall continue beyond the time limit provided for in Subsection A shall be deemed a separate offense. In addition, the MWPCA or the Inspector may assess civil penalties in the amount of $100 per day pursuant to Connecticut General Statutes § 7-148(c)(10)(A).
C. 
Any person who is found to be in violation of any of the provisions of this article shall become liable to the Town, the City, or both, for any expense, loss or damage occasioned the Town or the City by reason of such violation.
D. 
The MWPCA or the Inspector may petition Superior Court to enforce any of the orders issued herein and to enforce any of its ordinances. Any enforcement action may also seek other appropriate legal and/or equitable relief, including environmental remediation. Any action brought by the MWPCA or the Inspector may recover reasonable attorneys' fees, court costs, and other expenses, including, but not limited to, sampling and monetary expenses, in addition to actual damages incurred by the Town of Middlefield.
E. 
The remedies provided for in this article are not exclusive. The MWPCA or the Inspector may take any, all or any combination of these actions against a noncompliant user.
The MWPCA is hereby authorized to levy benefit assessments upon the lands and buildings especially benefitted by the acquisition, construction or extension of the sewerage system facilities, pursuant to the powers vested in the MWPCA under § 7-249 of the Connecticut General States, as amended, and subject to the right of appeal provided therein. In addition, the MWPCA may establish and revise fair and reasonable charges for connection with and for the use of the sewerage system in accordance with the provisions of § 7-235 of the Connecticut General Statutes, as amended, and subject to the right of appeal set forth therein.
A. 
Any lot which is not a building lot, as defined in § 370-7 of this article, or any structure or lot lying outside of the Lake Beseck Sewer Service Area is prohibited from connecting to or otherwise utilizing the Lake Beseck Sewer Service Area facilities. Any structure or lot lying outside of the area as shown in a map entitled "Route 66 and Zygo Area - 2 pages" is prohibited from connecting to the public sewer.
B. 
No person shall discharge wastewater into any collection line, lateral line, lateral sewer, interceptor sewer or any other means of conveying wastewater to facilities constructed to serve the Lake Beseck Sewer Service Area, if:
(1) 
Such wastewater originates from any building, facility or other manner of construction which is hereafter erected, in whole or in part, upon land which is defined as a floodplain or flood hazard area within the meaning of § 25-68b(5), or defined as a wetland area within the meaning of §§ 22a-29 and 22a-38, or defined as beaches and dunes within the meaning of § 22a-93(7)(C) of the Connecticut General Statutes; and
(2) 
The conditions of the land within the affected property boundaries render it incapable of supporting an on-site septic system in compliance with the requirements of the Connecticut Public Health Code.
C. 
No person shall discharge wastewater other than domestic sewage into any collection line, lateral line, lateral sewer, interceptor sewer or any other means of conveying wastewater to facilities constructed to serve the Lake Beseck Sewer Service Area.
[Added 8-16-2011]
A. 
Purpose. The purpose of this section is to outline the wastewater pretreatment requirements for food preparation establishments and other commercial facilities that discharge fats, oils and grease in their wastewater flow. All new and existing facilities that generate and discharge fats, oils and grease in their wastewater flow shall install, operate and maintain FOG management equipment. They must also obtain a Connecticut Department of Energy and Environmental Protection's General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments. The requirements of this section shall supplement and be in addition to the requirements of the existing ordinance.
B. 
Additional definitions. Terms defined in this section are an addition to those listed in § 370-7.
AUTOMATIC GREASE RECOVERY UNIT (AGRU)
All active indoor mechanical systems designed to remove fats, oils and grease by physical separation from flowing wastewater, as further defined herein.
AUTHORIZED REPRESENTATIVE
The WPCA's Engineer or other representative, as designated by the WPCA.
CONTACT PERSON
The individual responsible for overseeing daily operation of the food preparation establishment and who is responsible for overseeing the food preparation establishment's compliance with the FOG Pretreatment Program as established herein.
DRAIN LAYER or LICENSED DRAIN LAYER
Either an individual, partnership or corporation to whom the State of Connecticut shall have issued a license to install and repair sewers, sewer connections, house connections, subsurface disposal fields and septic tank systems, during the period when such license is valid, and the proper authorized representatives of such drain layer.
ENGINEER
The Water Pollution Control Authority's Engineer or his duly authorized representative.
FATS, OILS AND GREASE (FOG)
Any fats, oils and grease generated from the food preparation process as identified per the most current EPA method as listed in 40 CFR 136.3.
FOG INTERCEPTOR
A passive tank installed outside a building and designed to remove fats, oils and grease from flowing wastewater while allowing wastewater to flow through it, and as further defined herein.
FOG MANAGEMENT EQUIPMENT
Properly installed and operated FOG interceptors and alternate FOG management equipment as reviewed by the Water Pollution Control Authority and approved by the Water Pollution Control Authority or other authorized representative.
FOOD PREPARATION ESTABLISHMENTS
Include establishments that use food preparation processes and that are regulated by the local health department or health district and classified as a Class III or Class IV facility or are regulated by the Connecticut Department of Consumer Protection. These facilities include but are not limited to restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias and clubs. Industrial food processing facilities are not permitted by these regulations.
NOTIFICATION OF APPROVED ALTERNATE FOG MANAGEMENT EQUIPMENT
A written notification from the authorized representative for authorization to install and/or operate alternate FOG management equipment.
PLANS
Any documents, which may include layout, topography, construction specifications, site testing information, and seepage analysis, which have been prepared by a registered professional engineer.
PROPERTY OWNER
Includes both the owner of fee in any real estate or those having any interest therein, and their authorized representative or representatives, as the interest, duties, powers or liabilities of each may be.
RENDERABLE FATS, OILS AND GREASE
Uncontaminated fats, oils and grease from a food preparation process that can be used as a source of material and can be recycled into products such as animal feed and cosmetics.
RENDERABLE FATS, OILS AND GREASE CONTAINER
A closed leakproof container for the collection and storage of food-grade fats, oils and grease.
REGIONAL FOG DISPOSAL FACILITY
A publicly owned treatment works or privately owned treatment works that is permitted by the Connecticut Department of Energy and Environmental Protection for the separation and disposal of FOG.
SEPTIC TANK
A watertight receptacle designed and constructed so as to permit settling of solids, the digestion of organic matter, and the discharge of settled sewage.
SEWER
Includes the main pipe or conduit, manholes and other structures and equipment appurtenant thereto provided to carry sewage, industrial wastes, stormwater, cooling water or similar wastes, subject, in each particular case, to the purposes and limitations imposed upon the particular pipe or conduit or sewer.
SUPERINTENDENT
Chairman of the Water Pollution Control Authority or other authorized representative.
TOWN
The Town of Middlefield, Connecticut, unless specified otherwise.
C. 
Application to install FOG management equipment.
(1) 
FOG pretreatment systems shall be provided for all new and existing food preparation establishments. FOG pretreatment systems shall not be required for private living quarters or dwelling units.
(2) 
All new food preparation establishments shall include the design and specifications for the FOG management equipment as part of the sewer connection application.
(3) 
All existing food preparation establishments which require new FOG management equipment, as determined by the Water Pollution Control Authority or authorized representative shall submit an application for the installation of new FOG management equipment not later than June 15, 2011. The application shall be in accordance with the Water Pollution Control Authority permit application. The approved FOG management equipment shall be installed not later than July 1, 2011.
(4) 
All existing food preparation establishments which have existing FOG management equipment may, as determined by the Water Pollution Control Authority or authorized representative, keep the existing FOG management equipment in operation. Such facilities shall submit an application for alternate FOG management equipment as described in Subsection F for approval of continued use. Such application shall be submitted not later than June 15, 2011.
(5) 
All costs and related expenses associated with the installation and connection of the FOG interceptors) or AGRU(s) shall be borne by the food preparation establishment. The food preparation establishment shall indemnify the Town of Middlefield and its authorized representative for any loss or damage that may, directly or indirectly, occur due to the installation of the FOG management equipment.
D. 
Discharge limits. No facility shall discharge or cause to be discharged any wastewater with a FOG concentration in excess of 100 milligrams per liter, as determined by the currently approved test for total recoverable fats and grease listed in 40 CFR 136.3, or in concentrations or in quantities which will harm either the sewers or the Water Pollution Control Facility, as determined by the Water Pollution Control Authority or authorized representative.
E. 
Management equipment requirements.
(1) 
An application for the design and installation of FOG management equipment shall be subject to review and approval by the Water Pollution Control Authority or authorized representative and subject to the requirements of all other applicable codes, regulations and laws.
(2) 
Except as provided by Subsection F, the wastewater generated from food preparation establishments shall be treated to remove FOG using a FOG interceptor or AGRU meeting the requirements of the Connecticut Department of Energy and Environmental Protection's General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments.
(3) 
Every structure at the subject facility shall be constructed, operated and maintained in a manner to ensure that the discharge of food preparation wastewater is directed solely to the FOG interceptor or alternate FOG management equipment. No valve or piping bypass equipment that could prevent the discharge of food preparation wastewater from entering appropriate treatment equipment shall be present.
(4) 
The contact person at each food preparation establishment shall notify the Water Pollution Control Authority or authorized representative when the FOG management equipment is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Plumbing Inspector and/or authorized representative.
(5) 
All applicable local plumbing/building codes shall be followed during the installation of the FOG management equipment.
(6) 
FOG interceptor requirements.
(a) 
The FOG interceptor shall be installed on a separate building sewer servicing only kitchen flows and shall meet all the requirements of the Connecticut Department of Energy and Environmental Protection's General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments.
(b) 
FOG interceptors shall have a minimum of two compartments. The inlet compartment shall contain 2/3 of the interceptor volume and the outlet compartment shall contain 1/3 of the interceptor volume. The two compartments shall be separated by a baffle that extends from the bottom of the FOG interceptor to a minimum of five inches above the static water level. An opening in the baffle shall be located at mid-water level. The size of the opening shall be a minimum of eight inches in diameter but shall not exceed 180 square inches.
(c) 
When it is not practical for the food preparation establishment to install an outdoor in-ground FOG interceptor, an AGRU may be utilized. The installation of the AGRU must meet the requirements as provided in the Connecticut Department of Energy and Environmental Protection's General Permit for the Discharge of Wastewater Associated with Food Preparation Establishments.
F. 
Alternate FOG management equipment. Other alternate FOG management equipment that does not meet the requirements of Subsection E may be considered for approval by the Water Pollution Control Authority or authorized representative on a case-by-case basis. The application shall include:
(1) 
Documented evidence that the proposed alternate FOG management equipment will not discharge FOG concentrations that exceed the discharge limits per Subsection D.
(2) 
Plans and specifications for the proposed system, including plans and profile of system installation, manufacturer's literature, documentation of performance and any other information detailing the proposed alternate system.
(3) 
A written operation and maintenance plan, which shall include the schedule for cleaning and maintenance, copies of maintenance log, a list of spare parts to be maintained at the subject facility, and a list of contacts for the manufacturer and supplier. Following receipt of written notification of approved alternate FOG management equipment from the Water Pollution Control Authority or authorized representative, the operation and maintenance plan shall be maintained on the premises. The plan shall be made available for inspection on demand by the authorized representative.
(4) 
A written FOG minimization plan, which shall include procedures for all food preparation establishment employees to minimize FOG entering the wastewater collection system.
(5) 
A notification of approved alternate FOG management equipment may be granted for a duration not to exceed three years, with extensions, when demonstrated to the satisfaction of the Water Pollution Control Authority or other authorized representative that the alternate FOG management equipment, operation and maintenance plan, FOG minimization plan and FOG pretreatment training program are adequate to maintain FOG concentration in the wastewater discharge below the limits set in Subsection D.
G. 
Pretreatment equipment maintenance.
(1) 
The FOG management equipment shall be maintained continuously in satisfactory and effective operation at the food preparation establishment's expense.
(2) 
The contact person shall be responsible for the proper removal and disposal, by appropriate means, of the collected material removed from the FOG management equipment.
(3) 
A record of all FOG management equipment maintenance activities shall be maintained on the premises for a minimum of five years.
(4) 
Chemical and/or biological additives that could cause the fats, oils and grease fraction to be released from the FOG management equipment are not permitted without the written approval of the Water Pollution Control Authority or other authorized representative.
(5) 
The contact person shall ensure that the FOG interceptor is inspected when pumped to ensure that all fittings and fixtures inside the interceptor are in good condition and functioning properly. The depth of grease inside the tank shall be measured and recorded in the maintenance log during every inspection, along with any deficiencies and the identity of the inspector.
(6) 
The contact person shall determine the frequency at which its FOG interceptor(s) shall be pumped according to the following criteria:
(a) 
The FOG interceptor shall be completely cleaned by a grease trap/interceptor cleaner when 25% of the operating depth of the FOG interceptor is occupied by solids, or a minimum of once every three months, whichever is more frequent.
(b) 
If the contact person can provide data demonstrating that less frequent cleaning of the FOG interceptor will not result in grease and settled solids level in excess of 25% of the operating depth of the FOG interceptor, the Water Pollution Control Authority or authorized representative may allow less frequent cleaning. The contact person shall provide data, including pumping receipts for four consecutive cleanings of the FOG interceptor, complete with a report from the grease trap/interceptor cleaner indicating the grease level at each cleaning, and the FOG interceptor maintenance log.
(c) 
A maintenance log shall be maintained on the premises and shall include the following information: dates of all activities, volume pumped, grease depth, grease trap/interceptor cleaner's name, location of the waste disposal, means of disposal for all material removed from the FOG interceptor, and the name of the individual recording the information. The maintenance log and grease trap/interceptor cleaner's receipts shall be made available to the authorized representative for inspection on demand. Interceptor cleaning and inspection records shall be maintained on file a minimum of five years.
(7) 
All removal and hauling of the collected materials must be performed by a subsurface sewage disposal cleaner. Pumped material may be disposed of at a regional FOG disposal facility. Pumping shall include the complete removal of all contents, including floating materials, wastewater and settled sludge. Decanting back into the FOG interceptor shall not be permitted. FOG interceptor cleaning shall include scraping excessive solids from the wall, floors, baffles and all piping.
(a) 
The contact person shall be responsible for the cost and scheduling of all actions needed to comply with this article. The contact person shall be notified in writing of violations of this article by the WPCA or its authorized representative. Actions to comply with this section shall be completed within the time limits as given below.
Violation
Days from Inspection to Correct Violation
Equipment not registered
30 days
Equipment not properly installed
90 days
Major violations (outdoor and indoor)
30 days
Minor violations
90 days
(b) 
Penalties for violations shall be in accordance with § 370-13 of this article.
H. 
FOG minimization.
(1) 
The contact person shall make every practical effort to reduce the amount of FOG contributed to the sewer system.
(2) 
Renderable FOG shall not be disposed of in any sewer, septic tank or FOG interceptor. All renderable FOG shall be stored in a separate, covered, leakproof, renderable FOG container, stored out of reach of vermin, and collected by a renderer.
(3) 
Small quantities of FOG scraped or removed from pots, pans, dishes and utensils shall be directed to the solid waste stream for disposal.