O-3720-12-19 ORDINANCE NO.3720-12-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 14 "UTILITIES," ARTICLE II "SEWERS GENERALLY," SECTION 14-
56"MANAGEMENT OF FAT,OIL,AND GREASE"BY AMENDING SECTION 14-56
REGULATING THE MANAGEMENT OF FAT, OIL AND GREASE; PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The City of Allen Code of Ordinances Chapter 14 "Utilities," Article II "Sewers Generally,"
Section 14.56"Management of fat,oil,and grease."is amended as follows:
"Sec. 14-56.-Management of fat,oil, and grease.
(a) Applicability and prohibitions.
(1) This section shall apply to all non-domestic users of the Publicly Owned Treatment Works
(POTW),as defined in section 14-21 of this chapter.
(2) Grease traps or grease interceptors shall not be required for residential users.
(3) Facilities generating fats, oils, or greases as a result of food manufacturing, processing,
preparation, or food service shall install, use, and maintain appropriate grease traps or
interceptors as required by this code.These facilities include but are not limited to restaurants,
food manufacturers, food processors, hospitals, schools, day cares, hotels and motels,prisons,
nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff
available for consumption.
(4) No user may intentionally or unintentionally allow the direct or indirect discharge of any
petroleum oil,non-biodegradable cutting oil,mineral oil,or any fats,oils,or greases of animal
or vegetable origin into the POTW system in such amounts as to cause interference,
obstruction,or blockage in the collection and treatment system,or as to cause pollutants to pass
through the treatment works into the environment.
(b) Installation of grease traps.
(1) Installations. Food processing or food service facilities shall be required to design, install,
operate and maintain a grease trap/interceptor in accordance with this code, locally adopted
plumbing codes and other applicable ordinances.
a. New Facilities. Food processing or food service facilities which are newly proposed
or constructed, shall be required to design, install, operate and maintain a grease
trap/interceptor in accordance with locally adopted plumbing codes, environmental
health regulations, and other applicable ordinances and guidelines as required by the
City. Grease traps/interceptors shall be installed and inspected prior to issuance of a
certificate of occupancy and a health permit.
b. Expansion or Renovation of Existing Facilities or Operations.Existing food processing
or service facilities which will be expanded or renovated for a new or existing business,
or where existing businesses will change their food processing or service operations,
and where there is an inadequately sized grease trap/interceptor, shall be required to
design,install,and operate a grease trap/interceptor in accordance with locally adopted
plumbing codes,environmental health regulations,and other applicable ordinances and
guidelines as required by the City. Grease traps/interceptors shall be installed and
inspected prior to the issuance of a certificate of occupancy and a health permit.
(2) All grease trap/interceptor designs must be sealed by a State of Texas MEP Engineer in
accordance with the latest adopted edition of the International Plumbing Code.
(3) All grease trap/interceptor designs shall include a sample port of adequate size to facilitate
effluent sampling.
(c) Operation and cleaning.
(1) Operation.
a. Grease traps/interceptors shall always be maintained in an efficient operating and
sanitary condition and shall be operated and maintained in accordance with the
manufacturer's recommendations and in accordance with these model standards,unless
specified in writing and approved by the POTW.
b. All grease trap/interceptor waste shall be properly disposed of by a State licensed
hauler/transporter at a facility that is licensed to receive such wastes in accordance with
federal, state,or local regulations.
c. Each grease trap pumped shall be fully evacuated unless the trap volume is greater than
the tank capacity on the vacuum truck in which case the transporter shall arrange for
additional transportation capacity so that the trap is fully evacuated within a twenty-
four-hour period, in accordance with 30 Texas Administrative Code §312.143.
(2) Cleaning schedules.
a. Grease traps and grease interceptors shall be cleaned as often as necessary to ensure
that sediment and floating materials do not accumulate to impair the efficiency of the
grease trap/interceptor; to ensure the discharge is in compliance with local discharge
limits; and to ensure no visible grease is observed in discharge.
b. Grease traps and grease interceptors subject to these standards shall be completely
evacuated a minimum of every ninety (90) days, unless an alternative schedule is
determined in accordance with this section.
c. The City may require a more frequent cleaning schedule when:
1. Twenty-five (25) percent or more of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert of
the outlet pipe, contains floating materials, sediment, oils or greases; or
2. The discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels
established by the POTW; or
Ordinance No.3720-12-19,Page 2
3. There is a history of non-compliance, generating illicit discharges, sewer
backups, or sanitary sewer overflows due to grease deposition in the grease
trap, floor drains, or in their servicing city sewer lateral, sewer blockages in
the grease trap or downstream of the grease trap in the entities'servicing sewer
lateral/sewer main; or
4. If there is evidence of grease pass through and detrimental accumulation in the
entities'servicing sewer lateral/sewer main as visualized and recorded by a city
still or motion sewer camera.
d. The City may, upon written notice to the generator, require a more frequent cleaning
schedule because of non-compliance.The alternate cleaning schedule shall be followed
until such time as the City provides written notice to the generator that such alternate
cleaning schedule is no longer required. City shall conduct inspections as needed to
ensure compliance with the alternate cleaning schedule and the necessity to continue
the alternate cleaning schedule.It shall be unlawful for any generator to fail to comply
with a required alternate cleaning schedule.
e. Any person who owns or operates a grease trap/interceptor may submit to the POTW
a request in writing for an exception to the ninety(90)day pumping frequency of their
grease trap/interceptor. The POTW may grant an extension for required cleaning
frequency on a case-by-case basis when:
1. The grease trap/interceptor owner/operator has demonstrated the specific
trap/interceptor will produce an effluent,based on defensible analytical results,
in consistent compliance with established local discharge limits such as BOD,
TSS, FOG, or other parameters as determined by the POTW and the
trap/interceptor meets the twenty-five(25)percent rule set forth in this Code;
or
2. The facility that the grease trap serves operates intermittently and does not
generate grease from cooking activities at least twenty-five(25)percent of the
days in a year; and the trap/interceptor meets the twenty-five(25)percent rule
set forth in this Code; or
3. Less than twenty-five (25) percent of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert of
the outlet pipe,contains floating materials, sediment,oils or greases at a point
in time equal to the desired/established cleaning period.
f. A grease trap and grease interceptor shall be fully evacuated, cleaned, and inspected not
less than once every one hundred eighty(180)days unless it is operated intermittently
per(e)above,then it shall be fully evacuated,cleaned,and inspected not less than once
every three hundred sixty-five(365)days.
(3) Self-cleaning.
a. Grease trap self-cleaning operators must receive approval from the POTW annually
prior to removing grease from their own grease trap(s) located inside a building,
provided:
1. The grease trap is no more than fifty(50)gallons in liquid/operating capacity;
Ordinance No.3720-12-19,Page 3
2. Proper on-site material disposal methods are implemented(e.g.,absorb liquids
into solid form and dispose into trash);
3. The local solid waste authority allows such practices;
4. Grease trap waste is placed in a leak proof,sealable container(s)located on the
premises and in an area for the transporter to pump-out; and
5. Detailed records on these activities are maintained in accordance with manifest
requirements below.
b. Grease trap self-cleaning operators must submit a completed self-cleaning request to the
POTW for approval. The written request shall include the following information:
1. Business name and street address;
2. Grease trap/interceptor operator name,title,and phone number;
3. Description of maintenance frequency,method of disposal,method of cleaning
and size(in gallons) of the grease trap/interceptor; and
4. Signed statement that the operator will maintain records of waste disposal and
produce them in response to compliance inspections by city, state and federal
authorities.
c. Self-cleaners must adhere to all the requirements; procedures and detailed record
keeping outlined in their approved application,to ensure compliance with this article.
A maintenance log shall be kept by self-cleaning operators that indicates, at a
minimum,the following information:
1. Date the grease trap/interceptor was serviced;
2. Name of the person or company servicing the grease trap/interceptor;
3. Waste disposal method used;
4. Gallons of grease removed and disposed of;
5. Waste oil added to grease trap/interceptor waste; and
6. Signature of the operator after each cleaning that certifies that all grease was
removed, disposed of properly, grease trap/interceptor was thoroughly
cleaned,and that all parts were replaced and in operable condition.
d. Violations incurred by grease trap self-cleaners will be subject to enforcement action
including fines and/or removal from the self-cleaner program.
(4) Alternative treatment.
a. Offense. A person commits an offense if the person introduces, or causes, permits, or
suffers the introduction of any surfactant, solvent or emulsifier into a grease trap.
Surfactants,solvents,and emulsifiers are materials which allow the grease to pass from
Ordinance No.3720-12-19,Page 4
the trap into the collection system, and include but are not limited to enzymes, soap,
diesel,kerosene,terpene, and other solvents.
b. Defense. It is an affirmative defense to the enforcement of (a) when the use of
surfactants or soaps is incidental to normal kitchen hygiene operations.
c. Bioremediation media may be used with the POTW's approval if the generator has
proved to the satisfaction of the POTW that laboratory testing which is appropriate for
the type of grease trap to be used has verified that:
1. The media is a pure live bacterial product which is not inactivated by the use
of domestic or commercial disinfectants and detergents, strong alkalis, acids,
and/or water temperatures of one hundred sixty (160) degrees Fahrenheit
(seventy-one(71)degrees Centigrade).
2. The use of the media does not reduce the buoyancy of the grease layer in the
grease trap and does not increase the potential for oil and grease to be
discharged to the sanitary sewer.
3. The use of the bioremediation media does not cause foaming in the sanitary
sewer.
4. The BOD, COD, and TSS discharged to the sanitary sewer after use of the
media does not exceed the BOD, COD, and TSS which would be discharged
if the product were not being used and the grease trap was being properly
maintained. pH levels must be between 5 and 11.
d. Testing. All testing designed to satisfy the criteria set forth in this section shall be
scientifically sound and statistically valid. All tests to determine oil and grease, TSS,
BOD,COD,pH,and other pollutant levels shall use appropriate tests which have been
approved by the Environmental Protection Agency and the Texas Commission on
Environmental Quality and which are defined in Title 40,Code of Federal Regulations,
Part 136 or Title 30, Texas Administrative Code §319.11, as amended. Testing shall
be open to inspection by the POT and shall meet the POTW's approval.
(5) Manifest requirements.
a. Each pump-out of a grease trap or interceptor must be accompanied by manifests to be
used for record keeping purposes. Generators may only use collection,transportation,
and disposal firms that are currently licensed by the State of Texas to perform these
functions; and that provide for the disposition of correctly and completely prepared
manifest copies as required in paragraphs b. and c.below.
b. Persons who generate, collect and transport grease waste shall maintain a record of
each individual collection and deposit. Such records shall be in the form of a manifest.
The manifest shall include:
1. Name, address,telephone, and commission registration number of transporters;
111 2. Name, signature, address, and phone number of the person who generated the
waste and the date collected;
3. Type and amount(s)of waste collected or transported;
Ordinance No.3720-12-19,Page 5
4. Name and signature(s) of responsible person(s) collecting, transporting, and
depositing the waste;
5. Date and place where the waste was deposited;
6. Identification(permit or site registration number,location,and operator)of the
facility where the waste was deposited;
7. Name and signature of facility on-site representative acknowledging receipt of
the waste and the amount of waste received;
8. The volume of the grease waste received; and
9. A consecutive numerical tracking number to assist transporters, waste
generators, and regulating authorities in tracking the volume of grease
transported.
c. Manifests shall be divided into five (5) parts and records shall be maintained as
follows.
1. One (1) part of the manifest shall have the generator and transporter
information completed and be given to the generator at the time of waste
pickup.
2. The remaining four(4)parts of the manifest shall have all required information
completely filled out and signed by the appropriate party before distribution of
the manifest.
3. One(1)part of the manifest shall go to the receiving facility.
4. One(1)part shall go to the transporter,who shall retain a copy of all manifests
showing the collection and disposition of waste.
5. One(1)copy of the manifest shall be returned by the transporter to the person
who generated the wastes within fifteen(15) days after the waste is received
at the disposal or processing facility. The generator must maintain and make
available the original pick-up copy and the final disposition copy for
inspection by all city, state,and federal authorities.
6. One(1)part of the manifest shall be provided by the transporter to the City of
Allen Environmental Health Division within fifteen(15) days after the waste
is received at the disposal or processing facility.
d. Copies of manifests provided or returned to the waste generator shall be retained for
three (3) years by the generator and must be made readily available for
review/inspection by the city's environmental health division as well as the city's water
and sewer division during city inspections.
e. While the generator may select the licensed transporter of their choice, the generator
is responsible to select a transporter that can reliably complete and distribute the
required manifest copies to both the generator and City of Allen. Failure of the
generator to select a licensed transporter that reliably provides for disposition of
manifest copies is a violation of this ordinance.
Ordinance No.3720-12-19,Page 6
(d) Maintenance Requirements
(1) The generator shall maintain the trap in effective operating and sanitary conditions. Grease
traps/interceptors shall be structurally sound and maintained free of corrosion or decay and
be watertight. The ring and lid shall be securely fastened to the grease trap/interceptor.
(2) The generator shall maintain the grease trap/interceptor and its surrounding areas in
sanitary conditions.
(3) The generator shall be responsible for the proper cleaning and complete removal of the
contents of the grease trap. The generator shall be responsible for verifying the accuracy of
the trip ticket from the transporter.
(4) The generator shall clean up all spills and abate all unsanitary conditions immediately, and
have material used for abatement, such as absorbent material, disposed of by approved means
and in a timely matter.
(5) In the event that the establishment ceases operation, the establishment is required to pump
the trap before abandoning the property. If the owner of the business fails to empty the trap,
it shall become the responsibility of the property owner.
(e) City inspections.
(1) Manifests. The city's environmental health staff shall perform inspections of required
transporter manifest records as part of their inspection program and will receive and file the
city's manifest copy.
(2) Grease traps. The city community services department's water and sewer division will perform
periodic physical inspections of grease traps.
a. The generator and/or owner shall grant access to traps,allow the City to inspect traps,
and provide information and records related to the operation and maintenance of traps,
during the facility's hours of operation and other reasonable times. In the event of a
discharge or spill,the generator and/or owner shall grant access and allow the City to
inspect all portions of the premises that are reasonably related to the discharge or spill.
b. Inspections will determine at a point in time near the end of the current cleaning
frequency; if twenty-five(25) percent or more of the wetted height of the grease trap
or grease interceptor, as measured from the bottom of the device to the invert of the
outlet pipe, contains floating materials, sediment,oils or greases.This inspection is to
determine if the current cleaning frequency is sufficient or if the cleaning needs to be
performed at a different frequency. This may be either more or less often than the
current cleaning frequency.
c. The individual in charge of the facility being inspected at the time of the grease trap
inspection must provide the inspector a copy of disposal manifest records in order to
verify the most recent service date for the grease trap.
d. A copy of the city grease trap/interceptor inspection report will be discussed with,
provided to,and signed for by the generator's on-duty manager or senior representative
that is present for duty at the time.
Ordinance No. 3720-12-19, Page 7
e. Facilities that exceed the twenty-five(25)percent criteria at the time of City inspection
are required to service their grease trap within ten(10) calendar days after the date of
the inspection. The generator will be given a notice of violation and description of
required actions at the time of inspection."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby,repealed;provided,however,that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence,paragraph, subdivision, clause,phrase or section of this ordinance
or of the Code of Ordinances,as amended hereby,be adjudged or held to be void or unconstitutional,the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances,as amended
hereby,which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed, and the
former law is continued in effect for this purpose.
SECTION 5. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinances of the City of Allen,as previously amended, and upon conviction shall be punished by a fine not to
exceed the sum of Two Thousand Dollars($2,000.00)for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage in accordance with its
provisions of the Charter of the City of Allen,and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 10TH DAY OF DECEMBER 2019.
APP'� ED:
11111:111‘243
A
Step i en errell,MAYOR
APPROVED AAS TO FORM: ATTEST:
C ,>444,1„,k
Peter G. Smith,Cgy ATTORNEY Sh ey .Geor Y ARY
(PGS:11-19-19:TM 112154)
Ordinance No. 3720-12-19,Page 8