§ 82-251. Commercial wastewater pretreatment.
(a)
General provisions; non applicability to residential users.
(1)
This section pertains to fat, oil and grease (FOG), grit, and any other wastes of commercial origin which may be discharged to the POTW and sanitary sewer. This section of the article shall regulate commercial waste generators only and not residential users.
(2)
For the purposes of this section, wastes of commercial origin are those generated by restaurants, institution kitchens, and other food service establishments, as well as car maintenance, automobile dealerships and car/truck wash facilities. All commercial waste generators involved in the preparation of food for commercial purposes shall provide an approved fat, oil, grease (FOG) pretreatment system such as a grease trap, provided that the excess FOG is floatable and can be effectively removed. All commercial facilities with vehicle servicing or car washing will be required to provide a pretreatment system such as an oil separator and/or sand trap to remove oil waste prior to discharging to the sanitary sewer.
(b)
Pretreatment equipment installation, maintenance, and grease disposal requirements.
(1)
All users involved in the preparation of food for commercial purposes shall provide approved fat, oil, grease (FOG) removal equipment such as separators or traps, if:
a.
The user generates a wastewater which contains greater than the quantity of FOG permitted in these regulations, and/or,
b.
The excess FOG is floatable and can be effectively removed in an oil/grease separator or trap, then said user shall be required to install an oil/grease separator.
(2)
Oil/grease traps shall be required for commercial and industrial establishments where it has been determined by the director that they are necessary to prevent discharge to the sewer system in quantities that may adversely affect the operation of the system.
(3)
Alternative pretreatment systems include automatic waste removal equipment and shall be used only after evaluation and authorization by the director.
(4)
Commercial car and truck washing facilities which discharge to the county sewer shall provide grit and oil removal as d elsewhere in these regulations.
(5)
All oil/grease separators shall be designed and installed in accordance with county standards. The user shall submit plans to the county for review and comment. The installation shall be subject to the county's inspection prior to placing in service.
(6)
Grit and oil/grease separators shall be installed in accordance to the current official plumbing code used by the county.
(7)
When required by the county, the user shall install a suitable manhole on the discharge to the sewer to allow for observation, sampling and measurement of wastewaters. This manhole shall be installed at the user's expense and shall be maintained to be safe and accessible to the county at all times.
(8)
It shall be a violation of these regulations when a person:
a.
Allows commercial waste that emits noxious or offensive odors or is unsanitary or injurious to public health or property to spill, overflow or be discharged onto public or private property.
b.
Allows commercial waste to be removed from a facility under his/her control except by a transporter holding a valid and current license/permit for pumping in the State of Georgia.
c.
Allows commercial waste generated at a facility under his/her control to be disposed of at a site not permitted by a LGA or the division.
d.
Allows commercial waste generated at a facility under his/her control to enter the county sewerage system which exceeds the limitations set forth in section 82-237(a)(1).
(c)
Operation and maintenance of pretreatment system.
(1)
All oil/grease, and grit separators shall be maintained by the user, at the user's expense, in continually efficient operation at all times. The user shall service each separator frequently and repair as necessary, to ensure that the effluent discharge does not exceed the limits set forth in section 82-237(a)(2) of this article. The user shall maintain records of said service and make available to the director upon request.
(2)
It shall constitute a violation of this article to introduce chemicals, acidic or caustic substances which emulsify or otherwise temporarily dissolve fats, oils and grease to the extent that it later solidifies in the county sewer line, pump station or treatment plant. Use of any other substances, including enzymes and special bacteria is solely at the discretion of the user. Prior to the use of any biological products, the user shall inform the county in writing their intent to add such products to their pretreatment system.
(3)
The county shall have the authority to prohibit the addition of any substance, including enzymes and bacteria used for maintenance of a grease trap if it is discovered that said substance causes damage to or interferes with the operation or maintenance of the POTW, creates a public nuisance or odor, or presents a potential hazard to personnel.
(4)
If upon inspection, it is determined that a grease trap is in need of cleaning, the only acceptable means shall be to pump out the grease for disposal as provided elsewhere in this document. Applying heavy doses of chemicals, enzymes or bacteria to the grease trap will not be allowed as a substitute for pumping and removing the material from the trap.
(5)
Installation of a mechanical system to continuously or intermittently apply solutions of enzymes, special bacteria or other agents to the sewer shall not be allowed in lieu of an acceptable grease trap.
(d)
Permits.
(1)
Construction permit. No portion of a pretreatment system shall be installed, repaired, altered, modified or replaced until a pretreatment construction permit has been issued by the county. A fee will be required for review of plans. Permits issued for new construction shall become void 18 months after the date of issuance if the system has not been installed. However, if building construction has commenced, the system construction permit shall be valid for an additional 90 calendar days beyond the 18-month expiration date. Permits for system repairs shall become void after 90 calendar days from the date of issuance. A construction or repair permit for a pretreatment system shall be transferred to another person if the transferee files an amended application providing all corrected information and proof of ownership of the property or tenant occupancy within 60 calendar days after the transfer of ownership, and all information pertaining to the sitting, location, and installation conditions or repair of a pretreatment system remains the same. There is no fee associated with the processing to the transfer. The date of the construction or repair permit shall not be amended, but shall run from the date of original issuance prior to the transfer.
(2)
Construction revision permit. The applicant shall be the permit holder and shall be held responsible for all information supplied to the county. The signed application, site evaluation, and system design plans when required, serve as the basis by which the county determines the issuance of a construction permit. In the event of a change in any information given in the application which served as basis for issuing a construction permit, the permit holder will immediately file an amended application detailing such changed conditions. If the new conditions are determined to be in compliance with county engineering standards, the construction permit shall be amended. If the new conditions are determined to be in non-compliance with the county engineering standards, the permit shall no longer be valid.
(3)
Commercial waste permit. A commercial waste permit shall be required by any commercial waste generator discharging to the county sanitary sewer and POTW. The permit will be valid for one year from the date of issuance and is not transferable. The permit must be placed in a location visible to inspections. If the owner of a pretreatment system remains the same but the ownership of the building changes, a site tenant is still operating within the permit guidelines. No new building tenant shall open for business until the county has approved the change of tenancy, and inspected the pretreatment system to see if it is still within the guidelines of the original operating permit (see section "commercial waste permits issuance").
(4)
Voiding a permit. If the system is improperly modified or damaged, the county shall undertake administrative action to revoke the permit. The county shall prohibit the further or continued use of a system when the permit has become void. The contractor, engineer or licensed plumber will be responsible to do a permit revision and present corrected plans for review. If a larger system is required based on project modifications another final inspection will be required once the system installation has been completed.
(e)
Pretreatment inspections.
(1)
New construction. Before covering with earth and before placing a pretreatment system into service, a person/company installing or constructing any portion of a pretreatment system shall notify the county prior to completion of the construction activities and shall have the system inspected by the county for compliance with the requirements of this article. A final inspection fee will be required. The county shall make every reasonable effort to make a complete inspection of system construction, modification, replacement or alteration within two (2) working days after notification to the county that the system is ready for inspection. A repair shall be inspected by the county to determine compliance with construction permit standards prior to final covering of the system. If the system constructed is approved by the county, an "inspection approval" notice will be given to the installer. If the system installation does not pas the construction inspection, then the installer shall make all required corrections and notify the county within seven (7) calendar days for a re-inspection of the system. A re-inspection fee shall be charged to the installer for additional inspection(s) if the contractor has failed to correct the items an inspector has required at the preliminary inspection. Final installation approval shall not be granted until the county has confirmed that the installation is in compliance with plans and specifications submitted with the permit application. If no final construction inspection can be documented of the commercial waste generators pretreatment system, then the certificate of occupancy on the project will not be released.
(2)
Existing pretreatment systems. The county will perform an annual inspection of all pretreatment systems permitted to operate in the county. The inspections will be conducted to make sure the commercial waste generator is following the maintenance criteria set forth in this article and the waste generator is operating under the conditions of the permit. Those facilities found in non-compliance will be required to correct all violations within seven calendar days of notification. However, if the violation requires a repair, replacement or installation of a pretreatment system, then the commercial waste generator will have 45 calendar days to comply. All repairs, replacement and installations will require approval by the county.
(f)
Location and installation.
(1)
Pretreatment systems will be located and installed closest to the discharge source of the commercial waste. A subsurface pretreatment system must be located or installed no more than 50 feet from the discharge source. A subsurface pretreatment system installed beyond 50 feet must have approval by the county.
(2)
Pretreatment systems will be located and installed so that proper maintenance of the system does not create sanitary nuisances or health hazards and does not impact the environment.
(3)
Pretreatment systems must be located and installed so that they are accessible for maintenance. No heavy kitchen equipment, canisters, dumpster or trash compactor can block access to the pretreatment system.
(4)
Interior grease traps will be installed at the point source such as a three- to four-compartment sink, dishwasher, or any kitchen equipment where grease must be collected prior to discharge to building waste line. Interior grease traps will be located above the floor. Recessed grease traps must have prior approval for installation. All interior grease traps must have a flow control valve and a vent. The flow control valve shall be placed on the inlet side of the grease trap. The vent line will take all odors out of the building.
(5)
Pretreatment systems installed and located that experience a rusting of parts (e.g. pretreatment system located under a kitchen sink) which may impair the opening of the system for inspection, will require the commercial waste generator to provide access to the system. If the commercial waste generator cannot provide access, then they will be in violation. Inspector can require the unit replaced if it has deteriorated from corrosion.
(6)
Pretreatment systems installed and located to the outside of a building will discharge to the sanitary sewer line. The test manhole is the last discharge point of the pretreatment system before the sanitary sewer. The sanitary sewer connection from the pretreatment system will not be allowed to connect to the site sanitary sewer line by going under or through the building. The connection to the sanitary sewer line must be kept to the exterior of the building structure. The connection from the building to the pretreatment system will be a direct straight line. One 90- or 45-degree angle will be allowed with a clean out if a straight line is not obtainable. The test manhole will be located a maximum of four feet from the last tank in the pretreatment system and must have an invert in the test manhole. Prefab concrete or brick construction is allowed.
(7)
All pretreatment systems installed subsurface in multi-level parking decks must be located on the ground level of the structure and must be located so they are accessible for maintenance and inspection.
(8)
Installation of alternative interior pretreatment system will be allowed for commercial waste generators where an upgrade, repair, or installation of a pretreatment system is required and a subsurface system is not possible. However, the commercial waste generator must meet the following criteria for an alternative pretreatment system to be installed:
a.
The facility must be located in an existing building structure 15 years or older, where written documentation is submitted by a licensed engineer, contractor or master plumber to verify a subsurface pretreatment system is impossible to install due to existing under ground utilities,
b.
The facility is not located in new commercial development,
c.
The facility provides written documentation by a licensed engineer, contractor or master plumber that the sanitary sewer tie in of a subsurface pretreatment cannot be reached by the installer,
d.
The facility's pretreatment system is found to be inadequate and an alternative system will upgrade the current pretreatment system to bring the facility into compliance.
(9)
Any subsurface pretreatment system requiring installation of more than one single tank will lace the tanks in tandem; one single line. The multiple tanks must be installed so the commercial waste from the building will flow from tank to tank. The distance from tank to tank will not be greater than 12 inches (refer to Fulton County standard detail 671).
(g)
Design of pretreatment system. Oil water separators grease traps, and sand traps will be required for commercial and industrial establishments as a pretreatment system where it is determined by the county that they are necessary to prevent oil and grease waste discharge to the sanitary sewer system in quantities that may adversely affect the operation of the sewer system and the county POTW. The user shall submit plans to the county for review and comment. The installation shall be subject to the county's inspection prior to placing in service.
(1)
Subsurface pretreatment systems shall comply with the structural requirements as indicated on the Fulton County standard 671 or 671A and this article. All subsurface pretreatment systems must comply with the engineering standards indicated on the standard detail, as well the current plumbing code used by the county.
(2)
For the sizing of pretreatment systems by specific generators source, refer to generator source charts, tables I and II. Systems currently installed will not change unless the pretreatment system is found to be:
a.
Inadequate for the facility's current operation.
b.
In violation due to a commercial waste generator failing to provide documentation for maintenance of the current system and an inspection reveals an upgrade or repair is required.
c.
Located in a spill area and the commercial waste generator has failed to maintain the pretreatment system, which results in a fine from the county or clean up is required and an inspection reveals the current system is inadequate or in need of repair.
d.
Installed incorrectly and not per plumbing code used by the county or engineering standards. The existing system shall be corrected where possible. If unable to correct, then the system must be replaced.
(3)
Subsurface pretreatment systems will have manhole covers over the inlet and outlet of the system (refer to standard detail 671). The concrete lid of tank will have circular openings for the placement of manhole covers. The manhole covers must be at least two feet in diameter. All openings on the pretreatment system will be core drilled.
(4)
Any 3,000-gallon pretreatment system can be installed in two sections provided the center section has been sealed properly where no leakage can occur. The maximum size for any single tank installation will be 3,000 gallons on commercial sites where a greater system is not required for spill containment. All 3,000-gallon tanks shall have a minimum of two manhole openings for access to the tanks for cleaning and inspection. The subsurface pretreatment system will be made of prefab concrete tanks or its equivalent and will be a solid continuous structure where no sealing or binding of the middle section of the tank is allowed. The tank cannot be fabricated in two sections on tanks less than 1,500 gallons. A baffle wall is required in the tanks and the baffle wall must be fabricated as a permanent fixture. A slide structure will not be allowed as a baffle wall. A three- to five-inch diameter hole in the baffle wall must have a PVC elbow pipe turned down a maximum two feet from the bottom of the tank (refer to standard detail 671).
(5)
A subsurface pretreatment system will have a standard manhole suitable for observation, sampling, and measurement of wastewater. This manhole shall be installed at the user's expense and shall be maintained to be safe and accessible to the county at all times. This manhole is called the test manhole and is considered part of the overall pretreatment system (see Fulton County standard 650).
(6)
Subsurface pretreatment systems installed must be certified as a grease trap or an oil water separator. A septic system will not be allowed in lieu of the required pretreatment system. Interior pretreatment systems must have PDI certification and the gallon (GPM) capacity must be labeled on the unit. To verify type and size of tank purchased, an inspector can request a copy of the invoice for the pretreatment system installed.
(7)
All pretreatment systems that are subsurface will be brought to finished grade using pre-cast concrete cones. Brick work will also be allowed if the depth is no more than four feet to reach grade. The depth of the pretreatment system will determine how the brick work should be built. The standard core hole in the top of a pre-cast pretreatment system lid is two feet. The brick work will be three feet in diameter around the core opening. The three-foot base will allow entry to the pretreatment system for maintenance. When using bricks, once 80 percent of the height has been achieved to the two-foot manhole opening, you must corbel in the brickwork in small increments (see Fulton County standard 650).
(8)
An alternative interior pretreatment system shall be used only after evaluation and authorization by the county. Any alternative pretreatment system unit authorized by the county for use must have product support for maintenance and operation of the system. The equipment must be available for sale and the supply must be readily available for installation. The use of an alternative system will require established procedures for routine maintenance, operational surveillance, and environmental monitoring to assure the system continues to function properly. Any fees incurred for quality assurance of this unit will be the total responsibility of the commercial, waste generator. The sizing of the grease trap will be based on the manufacturer's recommendations, but it must be equivalent to a subsurface pretreatment system gallon capacity where required.
(9)
A grease trap is used for the collection of kitchen waste discharge only. No can wash areas, no dumpster, no mop sinks, no food grinders and no floor drains in mechanical rooms, bathrooms, or discharge from food coolers. Commercial waste generators that have micro-brewery facilities may be subject to additional discharge requirements (see appendix B3, food service piping layout).
(10)
Installation of a mechanical system to continuously or intermittently apply solutions of enzymes, special bacteria or other agents to the sewer shall not be allowed in lieu of an acceptable pretreatment system.
(11)
It shall constitute a violation of this article to introduce chemicals, acidic or caustic substances which emulsify or otherwise temporarily dissolve fats, oils and grease to the extent that it later solidifies in the county sewer lines, pump stations, or POTW. If a commercial waste generator uses enzymes and bacteria for pretreatment maintenance and it is discovered that said substance causes damage to or interferes with the operation or maintenance of POTW, creates a public nuisance or odor, or presents a potential health hazard, then these additives will be prohibited. Use of any other substances, including special enzymes and bacteria is solely at the discretion of the commercial waste generator.
(12)
Grit, sand traps and oil water separators shall be installed in accordance to the current official plumbing code used by the county engineering standards (refer to the commercial waste generator source Table II in this article),
(13)
Any strip retail shopping center or office building showing subsurface pretreatment systems at designated buildings or structures will only be allowed discharge by a single tenant or food service to that system. No multiple users will be allowed. The only exception to this condition is a shopping mall with a food court where pretreatment systems are installed and maintained by the mail corporation or management leasing.
(h)
Maintenance of pretreatment systems.
(1)
Pretreatment systems shall be maintained by the commercial waste generator at their expense, to assure continually efficient operation at all times. The commercial waste generator shall. maintain records of said service and make available all records to the county upon request (refer to the manifest section of this article). The commercial waste generator must service their pretreatment system frequently or repair their system to maintain the following:
a.
A 25 percent tank retention capacity rule (see explanation below).*
b.
A top sludge cap less than two inches in tank.
c.
A suspended solids content of less than two inches on the bottom of tank.
d.
A pretreatment system able to maintain a daily discharge limit of 250 mg/l to sanitary sewer.
e.
A pretreatment system where no sludge deposits of grease or oil waste accumulate in a test manhole or create a grease/oil waste stream to the sanitary sewer.
f.
A pretreatment system that does not create any obnoxious odors and poses no threat to public health and welfare.
g.
A pretreatment system that does not cause back-ups to kitchen sinks or any interior kitchen or building plumbing.
h.
A pretreatment system that causes no manhole overflows no accumulation of oil/grease in the county sanitary sewer system, or affects the water quality of the county's POTW facilities.
* The 25 percent rule requires that the depth of oil and grease (floating and settled) in a trap shall not be equal to or greater than 25 percent of the total operating depth of the trap. The operating depth of the trap is determined by measuring the internal depth of the tank. If the tank is measured with more than two feet of floating top solids or more than two feet of settled solids, the tank is in violation.
Commercial pretreatment inspectors shall have the authority to adjust any facility's maintenance schedule if upon inspection it is determined the maintenance schedule of the pretreatment system is not controlling the discharge of grease/oil waste to the sanitary sewer.
(2)
The following maintenance schedule shall be required for pretreatment systems operating in the county:
a.
Subsurface systems (grease trap, oil water separator, sand trap):
Gallon Capacity Maintenance Required Time Period 1 × 50—200 Total pump-out Every 3 months 1 × 1000—1500 Total pump-out Every 3 months 2—4 × 1500 Total pump-out Every 6 months 1 × 3000 Total pump-out Every 6 months b.
Interior systems (grease trap, oil separator, sand trap):
40 lb. Total pump-out
Monthly
70 lb.—100 lb. Total pump-out Every 3 months c.
Automatic grease recovery systems (grease trap):
25—35 gpm Daily maintenance of solids container
Total pump out of unit to remove solids
Check system weekly Every 3 months to make sure system is operating correctly (3)
New commercial waste generators that are permitted for new pretreatment installation shall be required to provide the county with a notarized statement for the maintenance of their pretreatment system based on the maintenance schedule stated in this article.
(4)
Commercial waste generators located in an area that have experienced a spill where a county sanitary sewer system has been impacted or a manhole has overflowed due to grease/oil accumulation must provide the county with a maintenance schedule to prevent this from occurring again. If the maintenance schedule is found to be inadequate or does not adhere to the maintenance schedule required by the county for that specific pretreatment system, the county shall have the right to amend that commercial waste generators' maintenance schedule to control any further commercial waste discharge that could impact the sanitary sewer system, manhole or pretreatment system.
(5)
Any commercial waste generator(s) found to be in violation for failure to maintain their pretreatment system in a spill area shall be assessed one-half the cost for clean up and/or fined by the county due to commercial waste impacting the environment or sanitary sewer system. Additional fines may be imposed by the state.
(6)
Any commercial waste generator found not adhering to any maintenance standards as established by this article will be in violation.
(7)
Any commercial waste generator requesting a deviation from a pretreatment system maintenance schedule as stated in this article shall submit their request in writing. The written request must include documentation that verifies that the pretreatment system has been operating within the guidelines for a year as stated in section 82-251(h)(1) and the modification of the maintenance schedule will not change the compliance status of the pretreatment system.
(8)
A commercial waste generator who operates a food service in their establishment, but the food service is not considered their main business income will be required to cease their food operation if they violate any parts of this article. Once the generator has come into compliance the food service operation can resume.
(i)
Manifests for commercial waste disposal.
(1)
A commercial waste generator shall not allow a transporter to remove waste from their facility without a current commercial waste hauler permit issued by the state or local governing authority. In addition they:
a.
Shall not permit a transporter to remove commercial waste from his premises until the transporter has presented a non-hazardous manifest to the generator to document pumping activity. This manifest will require signatures from the generator, transporter and disposer in order to maintain and establish accountability. The manifest should be a multi-copy form.
b.
Shall ensure the manifest form used to document the transportation and disposal of commercial waste generated in the county contains the following information as a minimum:
1.
Generator information:
Name and physical address of facility
Volume of waste pumped
Date and time of pumping activity
Signature of authorized representative
Print name
2.
Transporter information:
Name and physical address of company
County or issued commercial waste FOG permit
Driver certification number
Volume of waste pumped
Name and signature of driver
Print name
3.
Disposer information
Name and physical address of facility
State, county, city or federal permit number of site
Volume of waste received
Signature of authorized representative
Print name
c.
Upon receipt of the completed copy of the manifest from the transporter, the generator must mail a copy of the manifest within five days to the following:
d.
Shall accurately complete and sign the generator information section of the manifest to ensure that the transporter has noted on the manifest, the number of gallons of waste removed; and verify the generator information is correct.
e.
Shall keep a copy of all manifests for a period of three years on site and shall make available for inspection by the county.
f.
Shall report any spills to the county upon becoming aware of a spill that could impact any surrounding areas such as storm drains, adjacent streams or ground surface where the transporter has removed waste from the facility's pretreatment system. Failure to notify the county of a spill will constitute a violation and fines will be assessed to the commercial waste generator as well as the transporter.
(j)
Commercial waste permit issuance. An annual permit will be required for all pretreatment systems existing and new. A fee will be charged for this permit. The permit fee will be based on the type of pretreatment system at the site. Failure to apply for a commercial waste permit shall be a violation. The generator's environmental board of health food service permit may be suspended until the permit is obtained.
(1)
All commercial waste permits shall be issued annually from January 1—March 31. Any existing facility obtaining a permit after March 31 will be charged a 25 percent penalty fee. A new facility opening after the annual permit period will not pay a penalty unless it has been determined that the facility has been opened for more than 30 days. The 25 percent penalty fee shall apply. A new facility applying for a commercial waste permit after the permitting period will not pay a prorated fee. The following fee schedule details the cost of an annual permit based on type of pretreatment system.
Annual Permit Fee Schedule per Facility
Pretreatment Size Type Cost $ 1—5 tanks Subsurface system (exterior) 250.00 6—10 tanks Subsurface system (exterior) 500.00 11—15 tanks Subsurface system (exterior) 750.00 10—100 pounds (1—2 units) Manual (interior) 75.00 20—35 GPM (1—2 units) Automatic grease recovery 75.00 Combination of systems Subsurface, manual and automatic grease recovery 150.00 to 900.00 (2)
Permit conditions shall include, but are not limited to the following:
a.
Permit duration;
b.
Permit fee;
c.
Permit transfer;
d.
Frequency of inspections;
e.
Pretreatment requirements;
f.
Maintenance requirements;
g.
Compliance schedules;
h.
Requirements for maintenance records and submission of reports;
i.
Right of entry;
j.
Review of upgrades or repairs of a pretreatment system;
k.
Other conditions deemed necessary to ensure compliance with this article or other applicable ordinance, laws, and regulations.
(k)
Abandonment of systems.
(1)
Wherever the use of a subsurface pretreatment system is discontinued due to a business closing or relocating, and the system is connected to the sanitary sewer, the commercial waste generator shall follow the following procedure:
a.
Contact the commercial pretreatment inspection group (770) 641-6700 (phone number) before vacating the property.
b.
Resolve all outstanding violations.
c.
Clean the pretreatment system before vacating the business and submit a manifest to the county to substantiate the cleaning of the system.
(2)
If the commercial waste generator fails to clean the pretreatment system and/or resolve outstanding violations it shall be considered a violation of this article. Management or property leasing will be notified. No commercial waste generator shall be allowed to occupy the facility until it is brought into compliance. If the existing pretreatment system is not adequate based on the new business operation, then the new commercial waste generator shall upgrade the pretreatment system. If the building or tenant space vacated will not be used for another commercial waste generator, then management leasing or the building owner shall follow the following tank abandonment procedures:
a.
Collapse tank or fill pretreatment system with sand.
b.
Seal over manholes so they are no longer accessible.
c.
Disconnect or reroute the kitchen waste line from the building to the pretreatment system.
d.
Contact the county to inspect the abandoned system prior to a new business opening.
(l)
Construction prohibitions. It shall be the responsibility of persons under this rule to see that work contracted for and performed by them or under their supervision is carried out in conformance with the requirements of the county engineering standards and this article. Persons contracted for installation of pretreatment systems must be a licensed contractor or master plumber in the state and their license must be current. Inspectors shall have the authority to request a copy of the license when approving all pretreatment system installations.
(m)
Construction violations. The following will constitute a construction violation:
(1)
No contractor shall construct, alter, modify, repair, or install a pretreatment system without receiving a permit from the county;
(2)
No contractor shall install, modify or repair a pretreatment system which will violate standards set forth in this article, without evidence that a variance has been granted;
(3)
No contractor shall perform services which will cause or increase the likelihood of pollution to sanitary sewer, storm drains or POTW and pose a threat to the health and safety of the public;
(4)
Each contractor shall be responsible for maintaining records of services as required by this article and provide a copy of those records to the county upon request. Example of this would be an invoice verifying the purchase of the pretreatment system;
(5)
Contractor initiating work to install, upgrade, or repair a system where no permit has been issued by the county. A permit is issued after construction is started but prior to completion of the contracted work. No site inspections performed;
(6)
Contracted work is completed without a permit having been issued, or no permit application was received until contracted work was completed, resulting in missed inspection(s);
(7)
Failure to call for required inspection(s);
(8)
Abandoning, without good cause, a project in which the contractor is engaged or is under contractual obligation to perform. The failure of a contractor to perform work without just cause for 90 consecutive days shall create a presumption that the contractor has abandoned the project;
(9)
Gross negligence, incompetence, or misconduct which: causes monetary or other harm to a customer, or physical harm to any person. Example of such a violation would be the illegal disposal of a generator's waste when repairing a pretreatment system.
(10)
Pretreatment system is not installed by a license contractor or master plumber.
(n)
Notification of violation. When the director finds that a user has violated, or continues to violate, any provision of this article, a commercial waste permit or order issued hereunder, or any other pretreatment standard or requirement, the director may serve upon that user a written notice of violation. Within 15 calendar days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the user to the director. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the director to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(o)
Violations and penalties. When the director finds that a user has violated, or continues to violate, any provision of this article, a commercial waste permit or any order issued hereunder, or any other pretreatment standard or requirement, the director may issue a citation to such user in an amount not to exceed $1,000.00 for each violation and each day a violation continues, shall constitutes a separate offense and shall be punished accordingly.
(1)
Unpaid citations shall after 30 calendar days, be assessed an additional penalty of 25 percent. Failure by generator to pay designated citation 30 business days after citation has been issued shall result in the revocation of the generator's commercial waste permit.
(2)
Issuance of a citation shall not be a bar against, or a prerequisite for, taking any other action.
(3)
The following shall be considered violations of this article and the responsible person or company will be assessed fines accordingly:
a.
A licensed contractor, engineer or plumber who installs, modifies, or repairs a pretreatment system without a pretreatment permit, or is working on the installation of a pretreatment system, and obtains a permit after work has commenced. No inspections performed.
b.
Commercial waste generator who has a pretreatment system installed without submitting plans for review; no permit application is received or on file and installation of system is completed. No final inspections of project performed.
c.
Failure to call for required inspection(s) when a renovation or upgrade of a pretreatment system is required.
d.
Commercial waste generator is in violation for failure to maintain their pretreatment system.
e.
Commercial waste generator fails to provide the county with a manifest or maintenance documentation for their pretreatment system.
f.
Commercial waste generator fails to inform the county a spill has occurred during pumping of a pretreat ment system and it impacts the sanitary sewer, storm drain or environment.
g.
Commercial waste generator fails to apply for the required commercial waste permit for a pretreatment system in the county.
(4)
Any violations do not negate their existence. The county shall have the right to use other laws that may be applicable when determining violations.
(p)
Citations and administrative appeal.
(1)
Citations.
a.
Citations shall be issued when the commercial waste generator fails to correct the same violation after a notice of violation has been issued and the commercial waste generator demonstrates willful neglect or non-compliance with this article. Any citations issued will be required to be paid in 30 calendar days from the day of issuance. A citation must be in writing and must describe the particular nature of the violation, including specific references to the provisions of this article violated and the time frame for correction. Refusal of the citation will not negate its issuance.
(2)
Administrative appeal.
a.
Generators desiring to dispute citations must file a written request for the director to reconsider the citation along with full payment of the citation amount within 15 calendar days of citation issuance. Where a request has merit, the director may convene a hearing on the matter. If the citation has been paid and the director rules in favor of the generator, all money shall be returned to the generator. If the recipient fails to execute their right to contest the citation, the county will conclude the recipient has waived their right and they must pay the initial citation fine and/or the maximum fine.
b.
The county may reduce or waive the fine imposed by the citation after consideration of the gravity of the violation, the person's attempts at correcting the violation and the commercial waste generator's history of previous violations. However, violations that occur due to a spill or illegally discharging to the county sanitary sewer system will not be waived or reduced.
(Res. No. 06-1167, 11-15-06; Ord. No. 18-0340, Att. A, 5-16-18)