ENB-4.26 - Fats, Oils, and Grease Removal Program Administrative Rules

The following rules describe the regulatory activities of BES for this program. See the staff report in Appendix A for applicable justification and other informational details relating to the rules that follow.

1. Applicability

Any facility with a permanently-plumbed connection to the City sewer system that has the potential to generate discharges of fats, oils, or grease (FOG) must comply with these rules.

2. Purpose

These rules help protect public health and safety through:

A. Reducing the potential for blockages of and sewage releases from the City’s sewer systems due to accumulation of fats, oils, or grease;

B. Reducing the City’s costs of operating the sewer system;

C. Promoting proper handling and disposal of fats, oils, and grease through educational and regulatory programs; and

D. Creating consistency with other local jurisdictions that require jurisdiction-wide grease interceptor installation.

3. Definitions

These rules use terms defined in Portland City Code 17.34 and the following:

A. “Blockage” means a stoppage, restriction, or reduction in flow capacity of the sewer system caused or exacerbated by the accumulation of FOG.

B. “Excessive Buildup” means FOG accumulation that exceeds 15% of the capacity of a pipe.

C. “Fats, Oils, and Grease (FOG)” means polar oil and grease analyzed using the methods and procedures outlined in 40 C.F.R. 136.3 Table 1B.

D. “Food Service Establishment (FSE)” means any business that prepares, packages, serves, stores, vends or otherwise provides food or beverages for public consumption.

E. “Grease Interceptor” means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to capture FOG from a wastewater discharge. Includes GGIs and HGIs.

F. “Gravity Grease Interceptor (GGI)” means a plumbing device designed to collect, contain and store non-petroleum FOG from wastewater discharges. These devices can store at least 1,000 gallons of materials for up to 30 minutes through a system of at least two compartments filled with baffles and gravity separation devices. These units are usually located underground outside a building.

G. “Hydromechanical Grease Interceptor” (HGI)” means a plumbing device designed to collect, contain or store FOG from wastewater discharges. These devices use a combination of gravitational, fluid motion, and other materials-separation techniques; air entrainment; interior baffling; and other barriers to remove grease. These devices are usually located inside the facility.

H. “Plumbing Code” means the Oregon Plumbing Specialty Code, as may be amended from time to time, adopted by the Building Codes Division of the Oregon Department of Consumer and Business Services under OAR 918-750-0100 (2011).

I. “Preferred Pumper Program” means the regional program that certifies a group of haulers who provide grease interceptor cleaning, FOG-disposal services, and pump-out reports.

J. “Sewer Basin” means the pipe drainage area where sanitary discharges from homes and businesses are conveyed to a common downstream point.

K. “Single-Service Kitchen” means an establishment that prepares no food on-site, uses only paper service items, and does not serve FOG-containing liquids (e.g., coffee and dairy-based products).

4. Regulatory Authority

FOG-removal plumbing systems and devices are regulated by the Plumbing Code, Portland City Code (PCC) and administrative rules. Discharges to the city combined and sanitary sewer systems are regulated under the following sections of PCC Chapter 17.34:

A. Section 17.34.030 prohibits a number of discharges relevant to FOG:

17.34.030.A.1. Wastewater containing substances in such concentrations that they inhibit or interfere with the operation or performance of the sewer system;

17.34.030.A.3. Any solid or viscous substances capable of obstructing wastewater which will or may cause obstruction to the flow of wastewater or other interference with the operation of the sewer system;

17.34.030.A.9. Any substance which may solidify or become discernibly viscous at temperatures above 0 degrees Celsius or 32 degrees Fahrenheit; and

17.34.030.A.20. Any substance that causes the City to violate the terms of its NPDES permit.

B. Section 17.34.050 allows the Bureau of Environmental Services (BES) to require pretreatment facilities to reduce the pollutant load from private discharges to the sanitary sewer system.

C. Section 17.34.075 allows BES to limit discharges that violate section 17.34.030 and to require adherence to best management practices.

D. Section 17.34.080 authorizes City staff to enter property for the purposes of determining compliance and inspecting grease interceptors.

5. FOG Control Requirements for FSEs

A. Applicability. The following facilities must install one or more grease interceptors as required by these rules:

1. All new or redeveloping FSEs.

2. All FSEs with tenant improvements that physically modify a kitchen area where cooking, food preparation or washing of FOG-bearing items occurs or will occur.

3. All animal slaughterhouses; meat-packing and meat-curing establishments; soap factories; and tallow-rendering, fat-rendering, and hide-curing establishments must install a GGI.

4. Single-Service Kitchens are exempt from grease interceptor installation requirements but must comply with operation and maintenance requirements.

B. Change of Use or Operation. All FSE and other facilities identified in Section 5.A. must notify BES and may be required to install a grease interceptor when any of the following changes occur or are planned:

1. Facility or operational modifications;

2. Changes to the type of food service;

3. Change of operator of the facility; or

4. Installation of a new grease interceptor or transfer of responsibility for a grease interceptor.

C. Grease Interceptor Installation and Operation Requirements. Facilities shall:

1. Install all grease interceptors per the Plumbing Code in a location that is easily accessible for inspection, cleaning, and removal of intercepted FOG. The location of the grease interceptors shall be approved by the City and installed prior to final City permit inspections.

2. Permanently connect all lines leading from sinks and drains that are capable of conveying FOG discharges to a GGI, HGI, or engineered system per Plumbing Code Section 1014.1.

3. Provide a sampling access downstream of all GGIs to allow for periodic sampling by BES or the facility operator.

4. Prevent FOG discharge concentrations from exceeding 100 milligrams per liter of water (the 100 mg/L standard).

5. Ensure that wastes collected by grease interceptors are disposed of at a facility permitted to receive such wastes. FOG wastes shall not be allowed to discharge to any private or public portion of the sanitary or stormwater collection systems or the BES-managed treatment plants.

6. Not use additives, emulsifiers, or enzymes to break down FOG for discharge to the sewer system. Use of such products is considered a violation.

D. Variance Requests. A facility operator may request a variance for alternative compliance periods, site procedures, or devices or appeal the FOG requirements through the variance process described in Section 10 of these rules

6. FOG Control Retrofit Requirements

A. Facilities may be required to install new grease interceptors or improve maintenance of existing grease interceptors or other grease-removal facilities per Section 5.C for any of the following:

1. Grease interceptors are improperly cleaned or maintained, as determined by the City;

2. The facility causes or contributes to a FOG-related blockage or the need for increased maintenance of a City sewer; or

3. FOG discharges exceed the 100 mg/L standard.

B. A facility operator may request a variance for alternative compliance periods, site procedures, or devices or appeal the FOG requirements through the variance process described in Section 10 of these rules.

C. Facility operators that are required to retrofit may request authorization from the City to temporarily discharge FOG above the 100 mg/L standard while installing grease interceptors. Authorizations will be limited to 90 days for GGIs and 180 for HGIs. Facilities that cause or contribute to a sewer blockage during this temporary authorization period are subject to enforcement.

7. Approved Grease Interceptors

Grease interceptors must meet the requirements of the Plumbing Code. Sizing of GGIs and HGIs must conform to Tables 10-2 and 10-3 of the Plumbing Code. The use of other devices, alternative device sizing, operational practices, or systems without a written variance from the City will be considered a violation of these rules.

8. Maintenance Reporting Requirements for Grease Interceptors

Facility operators must maintain grease interceptors in “efficient operating condition” and ensure that “periodic removal” of FOG occurs per Section 1014.1.2 of the Plumbing Code. Facility operators must provide the following information to the City to assure adequate maintenance of grease interceptors is occurring:

A. Maintenance Reporting. Facility operators must provide grease interceptor maintenance reports to BES within 14 days after each cleaning. Reports shall include:

1. The date of cleaning;

2. The estimated depth of FOG and solids in each grease interceptor prior to cleaning;

3. Any defects in the grease interceptor;

4. The name and signature of the hauler or other person maintaining the interceptor; and

5. The name and location of the FOG waste disposal site.

Reports shall be sent to:

FOG Program Manager

City of Portland Environmental Services

6543 N Burlington Ave.

Portland,OR 97203-5452.

B. Use of Preferred Pumpers. Facility operators shall bear the ultimate responsibility for providing maintenance records, but may use a Preferred Pumper Program hauler to conduct maintenance of grease interceptors and provide maintenance reporting to the City.

9. BES Inspections

City representatives may enter upon a facility’s premises to determine compliance with these rules. Inspections may occur at any time without warning during and after normal working hours to verify appropriate grease interceptor cleaning or during an emergency response or blockage investigation. Inspections will include all parts of a facility that discharge or have the potential to discharge to the sanitary sewer system. Inspections may include system sampling. City representatives shall comply with all reasonable facility safety requirements as provided by the facility operator at the time of entry. Denial of access may require the City to seek an administrative warrant to obtain entry for facility inspection and sampling.

10. Variance Requests

A facility operator unable to meet the applicable requirements of these rules may request a variance. Alternative methods, devices, or schedules may only be adopted with the approval of either BES or the Bureau of Development Services (BDS) Plumbing Division, depending on the type of request. All variance requests are subject to a $250 processing fee. Facility operators who violate the terms of an approved variance shall be in violation and subject to enforcement per Section 11.

A. Variance Request Items. Facility operators may request and be granted a variance to:

1. Avoid the requirement to install grease interceptors.

2. Use alternative FOG-removal methods or devices.

3. Exempt certain fixtures from the requirement to be plumbed to a grease interceptor.

B. Variance Request Submittals. Facility operators shall provide the following to the City:

1. An explanation of why the facility should not be required to meet the standards of these rules.

2. A description of the proposed engineered alternative to meeting the requirements of these rules. Documentation must be provided to demonstrate how the alternative will limit FOG discharges to less than the 100 mg/L standard. Facility operators requesting such alternatives may be required to present information to the City’s alternative methods boards and the BDS Plumbing Division.

3. The proposed timeline for complying with requirements or implementing the proposed alternative.

4. Variance requests shall identify which of the evaluation criteria in Section 10.C apply to the facility.

5. Requests shall be sent to:

FOG Program Manager

City of Portland Environmental Services

6543 N Burlington Ave.

Portland,OR 97203-5452.

6. The facility operator shall receive a City approval or denial of the variance request within 30 days from the receipt of request, unless an extension is agreed by both parties.

C. Evaluation of Variance Requests. Facility operator requests shall demonstrate that any or all of the following City variance approval criteria apply to their facility:

1. Minimal or No FOG Discharges. Any existing operations generate minimal FOG discharges or existing FOG-removal devices are sufficient to meet the 100 mg/L standard. The operator must describe the existing devices, the fixtures plumbed to the devices, and the maintenance schedule for the devices. Monitoring data may be required.

2. Installation of a GGI is not practicable. Facility operators may request alternative use of individual HGIs or exempt certain fixture connections if one of the following site limitations exists:

a. Slope. There is inadequate slope for gravity flow between kitchen plumbing fixtures and available locations for a GGI installation; or

b. Inadequate space. There is insufficient space to place and construct a GGI. Likely reasons include:

i. All possible locations for a GGI are occupied by public or private utilities; or

ii. The building’s footprint extends the entire width of the lot.

11. Enforcement

Facilities that fail to meet the requirements of these rules shall be considered to be in non-compliance. The City may take enforcement action against persons responsible for a violation including, but not limited to, employees, contractors working on the site, and facility operators. Each day a violation occurs or continues without remedy shall be considered a separate violation of these rules. Any or all of the enforcement actions in this section may be taken against a violator:

A. Written Notice of Violation (NOV). An NOV will identify the violation, outline options to bring the facility into compliance, and set a time frame for the facility operator to respond to the City.

1. Recipient. The entity responsible for the violation, if know, shall receive the initial violation. The following parties may receive violation notices:

a. Facility operators;

b. Lessees;

c. Lessors, such as a business park management company; or

d. Property owners.

2. Corrective actions. Facility operators may eb required to do either or both of the following:

a. Increase cleaning of existing grease interceptors or other devices.

b. Install or upgrade grease interceptors or other devices if current controls are insufficient for FOG-related discharges. New devices shall meet the installation requirements outlined in Section 5.C.

B. Civil Penalties. In addition to enforcement actions, the City may issue a monetary penalty for violations of these rules of up to $2,000 per violation per day based on the nature and frequency of the violation.

C. City Code Compliance Cases. If a facility operator has not installed or properly maintained a grease interceptor, BES may obtain an order and administrative warrant from the City Code Hearings Officer. The order shall authorize the City, its agents, and its employees to enter the facility to install or maintain a grease interceptor. Facility operators have the right to be present during such activities and shall be invoiced for City work. Failure to pay the invoice by the invoice’s due date shall constitute an additional enforcement action. If the facility operator continues to refuse payment of the invoice, the City may place a lien on the property for an amount equal to all costs incurred by the City. The facility operator retains responsibility for any liability or damages caused by FOG blockages from his or her facility regardless of work conducted by the City.

D. Termination of City Services. Facilities may lose water and sewer services for failure to resolve or repeat violations. BES may also withhold permitting approvals until violations are addressed.

E. Circuit Court. If a violator fails to take appropriate corrective action, the City may file a case in any court of competent jurisdiction. The result of such a case may be a judgment against the person or property. Damages may include costs for abatement by the City, administrative costs, permit fees, overhead costs, and penalties.

12. City Administrative Review and Appeals

Facility operators may also seek relief from these rules through BES administrative review and appeal to the City Code Hearings Officer per Title 22 of the City Code.

A. Allowable Review and Appeal Items. Facility operators may appeal BES decisions on the following matters:

1. A requirement to install grease interceptors as a result of an enforcement case due to sewer blockage or for quantities of FOG that require increased maintenance of the sewer line by BES;

2. A requirement to provide grease interceptor maintenance reports or to increase grease interceptor maintenance beyond the requirements of Section 8.A; or

3. A timeline for installation or correction of a violation.

B. Non-Appealable Items. Facility operators may not appeal or request City administrative review of the following:

1. Plumbing Code designation of approved grease interceptors;

2. Denial of variance requests by BDS or BES; or

3. The authority of the City to enter facilities for inspection of grease interceptors.

C. Administrative Review Submittal to BES. Requests for BES administrative review must be submitted to the FOG Program Manager and must include the following items:

1. The name and contact information of the individual filing the request and the date;

2. The address of the facility that is the subject of the review;

3. The specific issue being reviewed; and

4. Documentation to assist BES in evaluating one or more of the review criteria in Section 12.D.

D. BES Administrative Review Request Evaluation. BES FOG and Pollution Prevention managers shall use the following criteria to make a final determination regarding the issues raised in the administrative review request:

1. The type of use triggering the application of these rules.

2. Facility condition and location. Evaluation of the specific sewer basin, local pipe conditions and the system structure.

3. The cumulative impact of FOG from the facility and from other sources within the same sewer basin.

E. BES Final Determination. BES shall make a final determination within 30 days of the receipt of the administrative review request and any additional information requested by BES. Extensions of these timelines may be made with agreement by all applicable parties. All applicable parties shall receive a written notice of final determination after the BES final determination is made. The notice shall provide a detailed description of the final determination and information about the process for filing an appeal to the City Code Hearings Officer.

F. Appeals to the City Code Hearings Officer and the Courts

Appeal requests to the Code Hearings Officer should be sent to BES with a $250 processing fee.

1. Facility Owner Appeals. BES staff shall forward an appeal request to the Office of the Code Hearings Officer within 15 days of the date of receipt of the request.

2. Appeals of the Code Hearings Officer’s Decision. An appeal of a final order of the Code Hearings Officer by any aggrieved party, including the City of Portland, shall be made by writ of review to the Circuit Court of Multnomah County, Oregon, as provided in ORS 34.010‑34.100.

Link to Appendix A - Background Information (PDF Document, 22 kb)

HISTORY

Adopted by Director of Bureau of Environmental Services December 27, 2011.

Filed for inclusion in PPD December 27, 2011.