(a) Code shall mean the Code of the City of Park City, Kansas, as amended from time to time.
(b) Director shall mean the Director of Public Works Department or their designee.
(c) Food Service Facility or Facility shall mean a facility classified as a Risk Level 1 as that term is defined by the Kansas Department of Agricultural Food Safety and Lodging Program.
(d) Food Service Facility Owner shall mean the person or entity that has been issued a Food Safety License by the Kansas Department of Agriculture for the food service facility. Where the food service facility is owned or operated by a partnership, corporation, or other type of business entity, any manager or other individual who is authorized to accept process of service in a district court action may accept notice under this article.
(e) Grease Management Program Inspector shall mean a member of the City staff designated by the Director to enforce the City of Park City’s Grease Management Program.
(f) Gray Water shall mean all liquid contained in an interceptor that lies below the floating grease layer and above the food solids layer.
(g) Grease shall mean waste containing fats, waxes, grease or oils, whether emulsified or not or containing substances which may solidify or become viscous at temperature between 32-120 degrees Fahrenheit (0-49 degrees Celsius).
(h) Grease Control Device (GCD) shall mean a device that is designed to collect, contain, or remove food wastes or grease from the wastewater while allowing the balance of the liquid waste to discharge to the POTW. This could be either in the form of a Grease Interceptor or a Grease Trap.
(i) Grease Control Program (GCP) shall mean an operating permit that is issued to a food service establishment using one of the following classification levels;
(1) Class A permit is issued to a Kansas Department of Agriculture Food Safety and Lodging Risk Level 1 establishment that has one or more grease control devices in operation.
(2) Class B permit is issued to a Kansas Department of Agriculture Food Safety and Lodging Risk Level 1 establishment that does not have any grease control device in operation.
(j) Grease interceptor shall mean an interceptor whose rated flow exceeds 50gpm or has a minimum storage capacity of one thousand (1000) gallons or more and is a device located underground and outside of a food service facility.
(k) Grease Trap shall mean a grease control device whose rated flow is 50gpm or less and is a device located inside a facility. The Grease Trap must be designed to facilitate inspection, cleaning, and maintenance operations.
(l) Notice of Violation (NOV) shall mean a written notice that a violation of the City of Park City Grease Management Program has occurred.
(m) Registered Grease Hauler shall mean a grease hauler operating in accordance with this article who is authorized to perform inspection, cleaning, and grease disposal for food service facilities, having the necessary permits, registrations, or occupational licenses required by federal, state, or city agencies having lawful authority.
(n) Publicly Owned Treatment Works (POTW) shall mean the publicly owned treatment works, including any device and system used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes, and other conveyances, if they convey wastewater to a waste treatment plant.
(Ord. 1171)
The governing body of the City of Park City has determined that waste pre-treatment by the type of enterprises described herein is required to protect the health and safety of the community, and to maintain the integrity and operational efficiency of the City’s wastewater treatment facilities and system.
(Ord. 1171)
(a) Any facility that is required to operate, maintain, install, enlarge, alter, repair, or replace a grease control device is required to obtain a Grease Control Permit (GCP) issued by the Director of Public Works or designee. The application for such permit shall be made on a form furnished by the City. The applicant shall supplement the application with any plans, specification, and other information deemed reasonably necessary by the Director. The Director shall have thirty (30) calendar days to review the permit application. A non-refundable permit application fee shall be paid to the City at the time the application has been submitted.
(b) A Grease Control Permit (GCP) shall become effective after the installation is completed to the reasonable satisfaction of the inspector. The inspector shall be allowed to inspect the work at any stage of construction and, in any event, the applicant for the permit shall notify the inspector when the work is ready for final inspection and before the grease control device or any underground plumbing is covered. Failure to notify the inspector prior to backfilling any plumbing or other apparatus will result in the facility having to uncover the plumbing and apparatus at the owner’s expense. The final inspection will require reasonable notice from the facility to the inspector or their designee.
(c) All facilities connected to the POTW are required to have a grease control permit in accordance with the following:
(1) Facilities which are newly constructed, shall be required to have a Class A permit, install a grease interceptor according to the manufacturer’s design requirements, and maintain the grease interceptor according to the requirements contained in this Article unless they do not meet the standards for requiring a GCP.
(2) Renovated facilities or an existing facility which will be expanded to include a food service facility where such a food service facility did not previously exist, shall be required to have a Class A permit and install a Grease Control Device unless they do not meet the standards for requiring a GCP.
(3) Existing food service facilities with and without an existing GCD - Food service facilities operating prior to the date of this Article shall be required to come into compliance with these standards. The Director of Public Works shall work with the existing food service facility to determine the feasibility and deadline for compliance.
(d) Maintenance Records – Each facility shall maintain a bound logbook or electronic file in which a record of all GCD maintenance is entered. Each facility shall submit an annual report to the City in an approved format. This report may be submitted electronically or on paper, on or before February 1 for the previous calendar year. Each report shall include but not be limited to, records of the number of times the GCD has been cleaned since last report, the volume of liquids and solids removed on each occasion, as well as the grease hauler name and address. The report shall note repairs that have been made to the GCD including dates the repairs were completed and the individual contractor that made the repairs. Reports shall be deemed late and subject to all applicable fees if they are received by the City after February 1st.
(e) A grease interceptor shall be of sufficient size to provide a minimum 30- minute detention of the peak waste water flow. The minimum size allowed is 1,000 gallons. The maximum size allowed is 2,000 gallons. The grease interceptor shall be located as to be easily accessible for pumping and inspection. Indoor grease interceptors are prohibited in new facilities or a material remodeling of an existing facility, unless approved by the Director of Public Works. Grease interceptors shall be designed in accordance all applicable City code and shall be operated and maintained as follows:
(1) Each facility shall be responsible for the costs of pumping, cleaning, and maintaining its grease interceptor. All facilities that have a grease interceptor shall utilize a registered grease hauler. Pumping services shall include the complete removal of all contents, including floating materials, gray water, bottom sludge, and solids from the grease interceptor. Grease interceptor cleaning shall include scraping excessive solids from the walls, floors, baffles, and all piping.
(2) It shall be the responsibility of the facility to have a licensed plumber, or registered hauler, or professional inspector from a licensed company to inspect a grease interceptor during, or immediately after servicing to ensure that the grease interceptor is clean and that all fittings and fixtures inside the grease interceptor are in working condition and functioning properly. If the grease interceptor is not functioning properly, the servicing provider shall notify the facility and City in writing. The notice shall include a description of the malfunction.
(3) Unless otherwise approved by the Director, each facility shall have its grease interceptor(s) pumped at least once every ninety (90) days or when any of the following criteria apply:
(A) When the settled solids layer exceeds the invert of the outlet pipe; or
(B) When the total volume of captured grease and solid material displaces more than twenty-five percent (25%) of the capacity of the interceptor; or
(C) When the interceptor is not retaining or capturing oils and grease
(4) Any facility which holds a current GCP may apply for a variance from the pumping frequency requirement. If the Director determines the proposed variance maintains compliance with sections (e) (3) (a), (b), and (c) above, the Director may grant a variance or modified schedule. Any variance or modified pumping schedule shall thereafter become a requirement under this Code, applicable to that permit holder, and shall be subject to further revision or revocation as necessary for the public health and the proper maintenance of the POTW.
(5) Wastes removed from each interceptor shall be disposed of in accordance with all applicable federal, state, and local laws. Grease, solid materials, and gray water removed from interceptors shall not be returned to the POTW except for food service facilities that use a two compartment pump truck where the compartments are fully separate with their own valve system so there is no cross contamination between the gray water and the grease/solids material. Subsequently, gray water may be re-introduced to the POTW provided the wastewater grease concentration does not exceed 100 mg/L.
(f) Alternative devices and technologies such as automatic grease removal systems shall be subject to written permission by the Director prior to installation. Permission to use the device shall be based on demonstrated and proven removal efficiencies and reliability of operation. The City may permit these types of devices on a case-by-case basis. The facility may be required to furnish analytical data demonstrating grease removal effectiveness. Permission to use alternative devices and technologies may be withdrawn by the City of the device fails to meet the performance criteria set forth in this Article, or interferes with, or potentially harms the POTW.
(Ord. 1171)
(a) Each facility shall allow the Director or their designee (“GMP Inspector”) the right of entry upon real property for the purpose of inspection, observation, records examination, measurement, and sampling in accordance with the provisions of this article.
(b) The inspector may inspect the facility at all reasonable times without delay to verify compliance with the requirements of the Article. The inspector may inspect all interceptor, plumbing connections, logbooks, associated file, and collect samples as necessary. The inspector shall record relevant observations including any repairs, replacements or other deficiencies. If deficiencies exist that do not result in non-compliance but require a response or corrective action, the inspector will provide a written report to the facility detailing the findings of the inspection. A copy of the inspection report will be provided to the facility.
(c) For inspections that require a response or corrective actions, the facility will have thirty (30) calendar days from receipt of the report to address and/or correct the items. At the discretion of the inspector a re-inspection may be required. For inspections that do result in a determination of non-compliance, the facility will be subject to enforcement procedure.
(Ord. 1171)
Whenever the Director or designee determines that a grease control device requires pumping, repairs, maintenance, replacement, or any other violation resulting in noncompliance, enforcement shall be as follows:
(a) The inspector conducting the inspection shall issue a letter sent by first class mail or hand-delivered to the address listed on the permit notifying the facility owner that a non-compliance violation exists. The owner has ten (10) business days from the date on the letter to respond to the NOV. The owner shall submit in writing, a plan to develop a compliance schedule for correcting the violation(s). The plan and compliance schedule shall have a proposed completion date not to exceed ninety (90) days, absent a written extension granted by the inspector for good cause shown.
(b) If a GCD requires re-inspection because of non-compliance found during a prior inspection, and all corrections were completed, there shall be no charge for this re-inspection. If all deficiencies were not corrected, a re-inspection fee shall be applied to this re-inspection and each additional re-inspection.
(c) The facility owner shall be responsible for the cost and scheduling of all repairs to or replacement of its GCD(s). Repairs and replacements required by the Director shall be completed within ninety (90) days of issuance of the NOV absent a written request for a time extension for good cause shown.
(d) If the facility owner continues to violate the provisions set forth in this Article, or fails to initiate or complete corrective action in response to a NOV, or a City approved plan to rectify a violation, the Director may pursue one or more of the following options at the Director’s discretion:
(1) Service the GCD and assess the costs to the facility owner or the property owner as provided for the assessment of costs when abating a nuisance under the Code; or
(2) Terminate sanitary sewer service from the facility.
(e) Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation, including such fines, penalties and other costs which may be assessed to the city for violation of sewage treatment plant effluent requirements, where such violation was created by a user of the sewage works who, in turn, is in violation of city, state or federal regulations.
(f) Any user that is found to have violated an order of the governing body or who failed to comply with any provision of this article, and the orders, rules, regulations and permits issued under this article, shall be fined not less than $100.00, nor more than $1,000.00 for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.
(g) Any user that is found to have willfully or negligently failed to comply with any provision of this article, and the orders, rules, regulations and permits issued under this article, shall be fined not less than $100.00, nor more than $1,000.00 for each offense or by imprisonment for not more than six months, or both such fine and imprisonment. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided in this subsection, the city may recover reasonable attorneys’ fees, court costs, court reporters’ fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued under this Article.
(h) Any NOV may be appealed. The body designated to hear these matters shall be the City of Park City governing body. The facility shall have ten (10) business days from the date on the letter of written notice of the NOV to file an appeal. Failure of the facility to file an appeal within the ten (10) business day time limit shall be a waiver of the right to appeal the Notice of Violation.
(Ord. 1171)
(a) Any person, firm, or business collecting, pumping, or hauling grease interceptor or grease trap wastes from businesses connected to the POTW must be a registered grease hauler. Prior to any work performed in the City, the City shall issue a license to the hauler. The hauler shall provide copies of permits, registrations, or occupational licenses required by federal and/or state agencies having lawful jurisdiction. The hauler shall pay a licensing fee, set by Resolution of the governing body from time to time each year at the time the license is issued.
(b) The hauler shall comply with all procedures and reporting requirements contained in federal, state and local regulations. The hauler shall be responsible for all clean-up procedures and costs. Any accident, spill, discharge of grease, solids, or gray water, which occurs within the City shall be reported to the Public Works Department by the hauler as soon as possible but no later than the next business day. For incidents resulting in immediate danger to health or environment the hauler must contact emergency services (911) without delay.
(c) Grease haulers shall retain and make available for inspection, all records related to grease interceptor or grease trap pumping performed within the City within the last three (3) years. A grease hauler manifest or approved form shall be required to be signed by the hauler certifying the accuracy of the information on the manifest. The manifest shall include, but not be limited to, name, location, date and time of the facility serviced, estimated gallons removed from interceptor or trap, disposal times, dates, and locations.
(d) Enforcement actions against haulers in violation of this Article shall be as follows:
(1) A NOV will be issued to any hauler who is found to be in non-compliance with this Article. The hauler must respond in writing to the NOV within ten (10) working days of the date of the NOV.
(2) Grease Haulers may be suspended or revoked from hauling in the City for cause shown including, but not limited to any one of the following:
(A) Falsification of any information; or
(B) Discharging any grease, liquid, or solid waste into a non-authorized location; or
(C) Materially failing to comply with this Article after an opportunity to correct; or
(D) Loss or suspension of registered grease hauler status.
(Ord. 1171)
Fees and costs associated with this Article will be established pursuant to Resolution of the governing body adopted from time to time. The fees for any grease permit required by this Article shall be included as part of the monthly bill for utility services of the City, but shall be identified separately on said billing. Said fees shall be due at the same time as utility services of the City charges are due and the failure to pay said fees shall be considered a failure to pay utility services of the City charges and enforceable pursuant to the Code of the City of Park City, Kansas. In addition, any time utility services of the City are established, or re-established to a property requiring a permit, all fees hereunder shall be paid current, as of the date such service is established or re-established. The fee is intended to be exempt from or not subject to the retailers’ sales tax and should be interpreted accordingly. In the event that it is determined that retailers’ sales tax applies to the grease permit fee or state law is amended, sales tax and any arrearages owed by the City shall be added to the fee after adoption of a resolution of the governing body authorizing the same.
(Ord. 1171)
(a) Any violation of this Article shall, upon conviction therefore, be punishable by a fine of not to exceed Five Hundred Dollars ($500.00) or up to six (6) months in jail, or both. Each day that a violation continues shall be considered a separate violation.
(b) Any person who knowingly makes any false statements, representations, or certifications in any application, record, report, plan or other document filed or required to be maintained pursuant to this Article, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required under this Article, shall, upon conviction for such actions, be subject to a penalty in an amount not to exceed Five Hundred Dollars ($500.00), or up to sixty (60) days in jail, or both.
(Ord. 1171)