[Added 7-12-2022 by L.L. No. 3-2022]
The purpose of this article is to reduce the amount of fats,
oils and grease (FOG) entering the Town of Stony Point wastewater
collection system in order to comply with the Clean Water Act of 1977
and general pretreatment regulations (40 CFR, Part 403). This article
provides for the regulation of FOG contributors to publicly owned
treatment works (POTW) through the issuance of permits, inspections,
sampling and enforcement. The requirements within this article shall
be applied to, but not be limited to, all food processing facilities
within the Town that discharge wastewater to be treated by the POTW.
The requirements within this article shall also be applied to residential
users within the Town that discharge wastewater to the POTW and that
contribute FOG to the Town's sewage collection system.
The following terms and phrases shall have the designated meanings
in the context of this article.
Shall be considered as calendar days unless otherwise specified.
Fats, oils and grease created as a by-product of cooking.
Town Code Enforcement Officer or a duly authorized agent
responsible for the enforcement of this article.
A report supplied to FOG Administrator by the producer within
five days of a FOG overflow explaining the cause of the overflow,
steps taken to contain and clean up the overflow, and measures taken
to prevent the overflow from occurring again.
An apparatus located inside the structure that collects and
contains the fats, oils and grease, and removes a significant portion
of it from the wastewater to be discharged.
Notice of violation. A written notice specifically citing
the nature of the violation and a specified time frame for correction.
An apparatus located outside the structure that collects
and contains the fats, oils and grease, and removes a significant
portion of it from the wastewater to be discharged.
A discharge of FOG from a grease trap or interceptor into
the POTW in a concentration greater than 100 mg/L or in the form of
visible masses detrimental to the POTW.
Publicly owned treatment works, including the Town of Stony
Point wastewater collection and conveyance system.
Any commercial or public facility or private residential
property that is connected to the Town POTW and that produces, directly
or indirectly, wastewater containing FOG in a concentration greater
than that defined in the General Regulations of this article.[1] Commercial facilities include, but are not limited to,
restaurants, schools, private clubs, delis, churches and day-care
centers. Producers shall be classified as follows:
CLASS 1 PRODUCERAny producer who has an oil and grease interceptor on the sewer line.
CLASS 2 PRODUCERAny producer who has a grease trap.
CLASS 3 PRODUCERAny residential producer.
The following regulations apply to all producers contributing
to the Town POTW:
A.
All Class 1 and 2 producers must have a FOG permit in order to discharge
to the POTW. The FOG Administrator shall receive all FOG permit applications.
All Class 1 and 2 producers are required to renew their permit annually.
B.
At no time shall a producer discharge, or cause to be discharged,
any quantity of FOG to the POTW that exceeds the discharge limitation
of 100 mg/l. At the discretion of the FOG Administrator, sampling
by the Town of the producer's discharge may occur when the FOG
Administrator has evidence that indicates the producer may not be
complying with the requirements of this article. All Class 1 producers
shall be responsible for providing an adequate sampling port on their
grease interceptors.
C.
The producer is responsible for cleaning and/or having the oil and
grease interceptor or grease trap cleaned on a regular basis so as
not to discharge fats, oils and grease to the POTW that exceed the
discharge limitation of 100 mg/l. The frequency of cleaning, at a
minimum, shall be in accordance with the "25% Rule," as determined
by the FOG Administrator and directed in the FOG permit. The 25% Rule
requires that the depth of oil and grease (floating and settled) in
an interceptor or trap shall not be equal to or greater than 25% of
the total operating depth of the interceptor or trap. The operating
depth of an interceptor or trap is determined by measuring the internal
depth from the outlet water elevation to the bottom of the interceptor
or trap. In application of this rule, the cleaning frequency shall
also be determined by the size of the interceptor and inspection of
the sewer lines. The Class 1 producer shall empty and clean the grease
interceptor as often as is necessary to prevent overflowing of FOG
into the POTW.
D.
Existing producers which currently have an internal grease trap shall
be required to clean and maintain that trap in an efficient manner.
The following is prohibited to be discharged to an internal grease
trap:
(1)
Wastewater with a temperature greater than 140° F.
(2)
Acid or caustic trap cleaners: this may include enzymes and/or
degreasers which liquefy the fats, oils and grease and allow them
to pass from the grease trap and deposit in the POTW lines. Therefore,
all enzymes and degreasers must be approved by the FOG Administrator
or duly authorized representatives.
E.
On or after the effective date of this article, existing food service
or automotive-related facilities shall be required to install an approved,
properly operated and maintained oil and grease interceptor or oil/water
separator by a compliance date determined by the FOG Administrator.
Existing facilities shall not be grandfathered from this article.
F.
Newly built Class 1 producers or renovated existing Class 1 producers
shall install a properly sized oil and grease interceptor on the sewer
line from the facility. The oil and grease interceptor shall be approved
by the FOG Administrator. The oil and grease interceptor shall have
the following design features (as a minimum): a tee inlet in which
one tee branch extends a minimum of one foot below the liquid level,
an outlet tee with a minimum submergence of 2/3 of the liquid depth,
a baffle to separate the trap into two compartments, and two manhole
access ways for inspection of the inlet and outlet tees. The interceptor
shall have cleanouts and shall be located with easy access for pump
out and inspection. The producer may present alternative designs to
the FOG Administrator. The FOG Administrator reserves the right to
approve or reject the alternative design.
G.
All producers may be inspected by the FOG Administrator at his discretion.
The FOG Administrator has the authority to access and inspect any
oil and grease interceptor or grease trap. The FOG Administrator shall
give adequate notice to all Class 3 producers prior to inspection
on their property.
H.
Overflowing an oil and grease interceptor on the sewer line or on
the sink discharge line is strictly prohibited. In such case, the
producer shall be responsible for the subsequent containment, cleanup
and disposal of the overflow material as well as its expense. It is
the responsibility of the producer to immediately notify the Town
FOG Administrator of the incident. The notification shall include
the location of the overflow, the type of material, the volume and
corrective actions. Within five days of the overflow, the producer
shall submit to the Town a detailed written report describing the
cause of the overflow, steps taken to contain the overflow, steps
taken to prevent it from occurring again and the cleanup of the overflow.
I.
Class 1 and Class 2 producers must keep on site a current grease
interceptor and grease trap cleaning log. Included on the cleaning
log shall be the following information: date, time, who did the cleaning,
volume of waste disposed of, location of disposal, and manifest if
done by an outside hauler. Permit renewals shall require submission
of the prior year's cleaning log.
J.
The Town reserves the right to inspect a connected residential user(s)
of the POTW if evidence within the POTW indicates that a significant
buildup of FOG is occurring within proximity of the residential user(s)
and that such evidence cannot be attributed to Class 1 or 2 producers.
Sampling will occur at the residential lateral cleanouts whenever
possible.
Shall be as established in Chapter A221.
B.
All permit fees are the responsibility of the producer and must be
paid within 30 days. Bills remaining unpaid after the due date will
be charged additional interest at the rate of 6% per annum. Producers
with unpaid permit fees shall be prohibited from obtaining any further
annual permit renewals.
C.
Any change in the rate and/or fees charged shall be made by a resolution
adopted by the Town of Stony Point Town Board.
A.
The Town shall suspend any FOG permit held by a producer if the producer
does not adhere to the requirements of this article. Once the permit
is suspended, the producer shall not discharge to the POTW until the
permit is reinstated. The permit shall remain suspended until the
producer demonstrates proof that the noncompliance was eliminated.
B.
The methods of enforcement shall include the issuance of a NOV and/or
the assessment of a monetary penalty as defined in this article.
C.
Should the FOG inspectors need to sample any producer, the producer
shall be responsible for the costs required for the analytical laboratory
to perform the analysis of the sample. Payment must be paid within
30 days of the date on which the FOG Administrator mails a bill to
the producer. Bills remaining unpaid after such thirty-day period
will be charged interest at the rate of 6% per annum.
D.
Any costs incurred by the Town for cleaning the producer's FOG
from the POTW and/or penalties, fines or other costs incurred by the
Town for the Producer's FOG shall be the responsibility of the
producer. Payment must be paid within 30 days of the date on which
the FOG Administrator mails a bill to the producer. Bills remaining
unpaid after such thirty-day period will be charged interest at the
rate of 6% per annum.
In addition to all other remedies available to it, the Town
shall have the right to issue a NOV(s) and/or impose a monetary penalty(ies),
as hereinafter set forth, for a violation of any requirements of this
article. The following factors shall be considered in imposing any
and all monetary penalties:
A.
Damage to the air, water and land of the Town and surrounding the
Town.
B.
Damage and/or harm to the POTW and/or its personnel.
C.
Past violations and compliance history.
D.
Producer's willingness and efficiency to comply; response to
the NOV in a timely manner; notification to the Town; and quick, effective
corrective action to eliminate the noncompliance.
E.
Magnitude of the violation.
The following is a schedule of violations and maximum penalties
to be assessed. Payment must be paid within 30 days of the date on
which the FOG Administrator mails a bill to the producer. Bills remaining
unpaid after such thirty-day period will be charged interest at the
rate of 6% per annum.
A.
Failure to clean oil and grease interceptor/grease trap (first offense):
NOV.
B.
Failure to clean oil and grease interceptor/grease trap (second offense)
according to schedule: NOV plus up to a $250 penalty.
C.
Failure to clean oil and grease interceptor/grease trap (third offense
and thereafter) according to schedule: NOV plus up to a $500 penalty
for every day the cleaning is not completed.
D.
Failure to clean oil and grease interceptor/grease trap four or more
times within a twelve-month time period: NOV plus up to a $1,000 penalty
and the revocation of the producer's permit.
E.
Failure to keep and maintain cleaning log with necessary hauling
manifests (first offense): NOV plus up to a $100 penalty.
F.
Failure to keep and maintain cleaning log with necessary hauling
manifests (second offense): NOV plus up to a $200 penalty.
G.
Failure to keep and maintain cleaning log with necessary hauling
manifests (third offense and thereafter): NOV plus up to a $300 penalty.
H.
Failure to keep and maintain cleaning log with necessary hauling
manifests four or more times within a twelve-month time period: NOV
plus up to a $500 penalty and the revocation of the producer's
permit.
I.
Overflow of oil and grease interceptor/grease trap: NOV plus a penalty
to be assessed by factors set forth in this article, plus the violator
will be liable for the entire cost of cleanup of site.
J.
Failure to notify FOG Administrator of overflow immediately: NOV
plus up to a $1,000 penalty. Within five days, an overflow report
must be submitted to the FOG Administrator.
K.
Failure to submit FOG overflow report within five days to FOG Administrator:
NOV plus up to a $250 penalty.
L.
Deliberately pouring FOG into the sewer system, including pouring
anything that will wash out the oil and grease interceptor/grease
trap: NOV plus up to a $5,000 penalty.
M.
Discharging more than 100 mg/l of fats, oil and grease: NOV plus
up to a $100 penalty.
The FOG Administrator shall have the power to establish additional
appropriate rules and regulations for the administration and enforcement
of the provisions of the FOG Program.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of this article, it being the intent of the Town Board that
such remainder shall be and shall remain in full force and effect.
Any producer which refuses or fails to comply with any of the
provisions of this article, in addition to the enforcement proceedings,
fines, and penalties set forth in this article may suffer discontinuance
of water service and/or shall be subject to all other remedies available
to the Town at law, or in equity, or both. Each owner of a regulated
facility shall be deemed to have joint and severable liability and
responsibility under the provisions of this article.
The invalidity of any word, section, clause, paragraph, part
or provision of this article shall not affect the validity of any
other part of this article which can be given effect without such
invalid part of parts.
This article shall take effect immediately upon filing with
the Secretary of State.
