Town of Weymouth, MA Chapter 11 Public Health

[HISTORY: Adopted by the Town of Weymouth. Amendments noted where applicable.]

Article 11-100 Public Health Laws, Ordinances and Regulations

§ 11-101 Violation of Health Department laws, ordinances and regulations.

(a) Provisions subject to noncriminal enforcement. Violation of the following subsections may be enforced in the manner provided in MGL c. 40, § 21D, and, at the discretion of the enforcing person, by either a warning or a citation upon the first offense. Each day on which a violation exists shall be deemed to be a separate offense. For the purpose of this section, the specific penalty which is to apply for violation of each such subsection shall be as listed below, and the municipal officers or employees whose titles are listed under each subsection shall be deemed to be the enforcing officer for each such subsection:

	Health Department Regulation No. 1: Renting a Dwelling Unit Without Certification. Penalty: $20. Enforcement personnel: Health Department inspectors as designated by the Director of Health.
	State Sanitary Code, Chapter II, 105 CMR 410.602: Maintenance of Areas Free from Garbage and Rubbish. Penalty: $20. Enforcement personnel: Health Department inspectors as designated by the Director of Health.
	Massachusetts General Laws c. 111, §§ 122 and 123: Nuisances and Failure to Abate a Nuisance. Penalty: $20. Enforcement personnel: Health Department inspectors as designated by the Director of Health.
	State Sanitary Code, Chapter II, 105 CMR 410.910: Failure to Comply with an Order Issued Pursuant to the Provisions of 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, i.e., failure to correct a housing code violation. Penalty: $20. Each day's failure to comply with an order shall constitute a separate violation. Enforcement personnel: Health Department inspectors as designated by the Director of Health.
	State Sanitary Code, Chapter X, Minimum Sanitation Standards for Food Establishments, 105 CMR 590.000: Failure to Correct any Condition Cited as a Violation Under the Above Sanitary Code within the Time Allowed by the Inspector and/or the Code. Penalty: $20. Each day's failure to comply with an order shall constitute a separate violation. Enforcement personnel: Health Department inspectors as designated by the Director of Health.
	Hazardous Materials: Failure to Comply with any Order to Correct a Violation of § 7-401 of these Ordinances. Penalty: not more than $200. Enforcement personnel: Health Department inspectors as designated by the Director of Health.

(b) Enumeration of nuisances. The following list shall serve to enumerate those conditions which will be considered a nuisance and which are to be enforced either by ticketing or criminal prosecution:

1. Overflowing sewage.

2. Accumulated manure, dung or feces from any animal.

3. Release of any harmful chemical substance.

4. Noise over 10 dB over ambient background.

5. Sickening and/or obnoxious odors.

6. Existence of accident/injury hazard.

7. Pumping or leading clear water into the municipal sewer.

§ 11-102 Fats, Oils, and Grease (FOG) Ordinance.

(a) Purpose. The purpose of this section is to protect residents, businesses and the environment within the Town of Weymouth from blockages of the Town's sanitary sewer caused by fats, oils, and grease (FOG) discharged from food service establishments located in Town. All new and existing facilities that generate and discharge FOG in the wastewater flow shall install, operate, and maintain a FOG pretreatment system, as further defined herein. The requirements of this section shall supplement and be in addition to the requirements of the Town of Weymouth Board of Health regulations and the Town of Weymouth's Sewer Use Rules and Regulations.

(b) Definitions. As used in this section, the following terms shall have the meanings indicated:

AGENT

Any duly authorized agent of the Weymouth Health Department as specified under MGL c. 111, § 30.

DIRECTOR

The Mayoral-appointed Director of the Weymouth Health Department.

DISCHARGE LIMIT

One hundred milligrams of fats, oils, and grease per liter of wastewater, or a concentration which will cause blockage to the municipal sewer system.

FOG

Fats, oils, and grease.

FOG PRETREATMENT SYSTEM

One of the following grease removal systems:

1. Indoor passive grease traps.

2. Indoor automatic grease traps.

3. Outdoor/Underground grease interceptors.

FOOD ESTABLISHMENT

Any establishment issued a permit to operate a food establishment by the Weymouth Health Department under FC 1-201.10(B)(31); any facility that prepares or sells food and as a by-product discharges fat, oil, or grease into the municipal sewer system.

GREASE TRAP

Also referred to as a "grease interceptor" by the State Plumbing Code; a device designed to remove undissolved and/or suspended waste grease and oil from wastewater.

INDOOR AUTOMATIC GREASE TRAP

An active automatic grease trap which separates and removes fats, oils, and grease from effluent discharge, and cleans itself of accumulated grease, fats and oils at least once every 24 hours, utilizing electromechanical apparatus to accomplish removal.

INDOOR PASSIVE GREASE TRAP

A passive grease trap installed inside a building and designed to remove fats, oils and grease from flowing wastewater while allowing wastewater to flow through it; also known as an "indoor grease trap."

OUTDOOR/UNDERGROUND GREASE INTERCEPTOR

A passive grease trap installed outside a building (having a capacity of 1,500 gallons or more) and designed to remove fats, oils and grease from flowing wastewater while allowing wastewater to flow through it; also known as an "outside grease trap."

PERMITTED OFFAL/SEPTAGE HAULER

Any offal/septage hauler who is issued a permit to haul FOG and/or septage by the Weymouth Health Department.

SEWER PIPE

Any building or Town sanitary sewer piping, including but not limited to interior and exterior building sanitary sewer piping, any main, or lateral sanitary sewer piping, regardless of whether it is located on private or municipal land.

SUBSTANTIAL RENOVATION

Any renovation to a food service establishment that would increase the number of existing permitted seats or would alter in any way the kitchen facility.

WASTE GREASE OR OIL

Waste grease or oil generated by a food service establishment during the cooking process.

WEYMOUTH OFFICIALS

Any representative from the Weymouth Health Department, Building Department or the Water and Sewer Division.

(c) General provisions.

1. In every case where a food establishment is preparing or selling food or other business in which FOG is a by-product, a suitable FOG pretreatment system that conforms to the Massachusetts State Plumbing Code, 248 CMR 10.09(2), must be installed according to this section.

2. The Weymouth Health Department may at any time require the installation, upgrade and/or relocation of a FOG pretreatment system, as it may deem necessary to maintain any particular building sewer pipe, any lateral sewer pipe, or sewer main pipe free from obstructions caused by waste grease or oil emanating from a food establishment. Each establishment must pay all costs for installing and maintaining the systems.

3. New or substantially remodeled food establishments must install an outdoor/underground grease interceptor, with a minimum capacity of 1,500 gallons, or an indoor automatic grease trap. Both must be sized according to the manufacturer and in compliance with 248 CMR.

NOTE — Passive indoor grease traps will not be permitted.

4. Internal automatic and passive grease traps must be cleaned monthly (unless a variance is given by the Director) by a professional drain cleaner, licensed plumber, or permitted offal/septage hauler.

5. Outdoor/Underground grease interceptors must be pumped and inspected by a permitted offal/septage hauler every three months or more frequently so as to prevent any grease blockage.

6. A copy of the Health Department grease trap maintenance log must be completed and kept on-site for any operation/maintenance to FOG pretreatment systems. The log must be readily accessible for agents and Weymouth officials to review.

7. All pumping and hauling records must be maintained on a monthly basis and be readily accessible to Weymouth officials.

8. Waste grease and oil shall not be disposed of by way of the sanitary sewer. All waste grease and oil must be collected in an appropriate container provided by an approved vendor and stored in an approved location on the premises. The container must be stored on an impervious surface such as concrete or pavement. Containers must be capable of being sealed or be stored in a sheltered area to prevent entry of precipitation and vermin. All waste grease and oil shall be removed by a permitted offal/septage hauler; said material should be removed from the premises as needed. While being stored, all grease containers and surrounding areas must be kept in sanitary conditions at all times.

9. All automatic electrical/mechanical grease removal units shall be sized in accordance with the manufacturer's written recommendations and be in compliance with 248 CMR.

10. A separate suitable sampling location as approved by the Director or his/her designee shall be provided for sampling the discharge from any indoor passive or automatic system. The sampling valve must be installed on the discharge piping with a minimum clearance of eight inches to allow samples to be taken by an agent and Weymouth officials.

11. Dishwasher wastewater must discharge into the grease trap per 248 CMR 10.09(2)(c)(5).

12. Food waste grinders must comply with the requirements of 248 CMR 10.09(2)(f)(3).

13. All connections to the grease removal unit shall be equipped with a flow control device. Flow control devices must conform with 248 CMR 10.09(2)(i).

(d) Enforcement and inspection.

1. It shall be the responsibility of agents to review cleaning and maintenance records for all grease removal systems as part of regular food service inspections.

2. All records pertaining to storage and removal of grease-related waste shall be retained by the owner or operator on premises for no less than two years. Upon request by a Weymouth official, an owner or operator shall furnish all records required to enforce and monitor compliance with this regulation.

3. Weymouth officials may use oil-soluble dyes to identify (by color) the FOG of any given establishment in order to determine if said establishment is a cause of failure or obstruction in a sewer lateral or main.

4. Agents may order the suspension of a permit to operate a food establishment or the termination of one or more particular operations for:

a. Serious or repeated violations of this section;

b. Interference with the any Weymouth official in the performance of his/her duty;

c. Failure to maintain required records or keeping or submitting any misleading or false records or documents required by this section.

The effective date and length of a suspension will be determined by the Director.

5. Two or more suspensions at an individual food establishment may result in the revocation of the permit to operate.

6. Weymouth officials may inspect a facility if, in their judgment, they feel that there has been an infraction of the discharge limits to the wastewater.

(e) Violation. Written notice of any violation of this section shall be given to the owner and operator by an agent, specifying the nature, time and date of the violation and any preventative measure required to avoid future violations, and a correction time frame.

(f) Variances. The Director may issue variances from the requirements of this section for the following items:

1. Operation and maintenance (O&M) frequencies (Applications for variances for O&M must be accompanied by a written letter from the food establishment's O&M contractor.);

2. The type of FOG pretreatment system required;

3. Time lines for connection.

	Any requests for a variance must be applied for by completing the Health Department variance application form and returning it to the Health Department. The reasons for the request must be clear and specific. Financial hardship will not be grounds for a variance.
	Any request for a variance for a food establishment to use an alternative method, system or product that does not comply with 248 CMR 3.00 through 10.00 must apply for the variance in writing to the State Board for Plumbers and Gas Fitters per 248 CMR 3.04(2).

(g) Hearing. The person or persons to whom any order or notice is issued pursuant to this section may request a hearing before the Director. Such request shall be in writing and shall be filed in the office of the Health Department within seven days after receipt.

(h) Penalty. Any person who violates any provision of this section may be punished, under MGL c. 111, § 31, as a criminal offense or MGL c. 40, § 21D, as a noncriminal offense, by fines of:

1. First offense: warning.

2. Second offense: $100.

3. Third offense: $250.

4. Fourth offense: $1,000.

or by criminal complaint at the appropriate venue. Each day or portion thereof during which a violation continues shall constitute a separate offense. Failure to correct violations of any provision of this section may result in the suspension or revocation of a permit to operate a food establishment as provided in 105 CMR 590.012 or 105 CMR 590.014. Any person violating the provisions of this section shall be liable to the Town of Weymouth for any loss, expense or damage, including consequential damage, caused by such violation. The Town of Weymouth may enforce the provisions of this section by any and all civil and equitable procedures.

(i) Severability. If any word, clause, phrase, sentence, paragraph, or section of this regulation shall be declared invalid for any reason whatsoever, that portion shall be severed and all other provisions of this section shall remain in full force and effect.

(j) Time line for connection.

1. If a food establishment is found to be causing blockage to the municipal sewer system, the Health Department may order the installation of either an indoor automatic grease trap or an underground passive interceptor.

2. Newly built food establishments or those undergoing substantial renovations must install the appropriate FOG pretreatment system according to this section as part of the building project. Locations of grease traps and interceptors must comply with 248 CMR 10.09(2)(a), (b) and (c).

3. All other food establishments must install either an indoor automatic grease trap or an outdoor/underground grease interceptor within one year of adoption of this section unless a variance is granted by the Director.

(k) Weymouth Board of Health regulations. The Weymouth Health Department may from time to time promulgate and amend regulations pertaining to the maintenance of grease traps and removal of grease from food establishments. In addition to this section, food establishments are required to adhere to all requirements as set forth in the Health Department regulations. In the event the regulations conflict with any section or subsection of this section, it is this section which shall take precedence.