2261ORDINANCE NO. 2261
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 3, ARTICLE 10 THE MUNICIPAL CODEOF THE
CITY OF BLAIR, NEBRASKA, BY AMENDING SECTION 3 -1034 AND ADDING SECTIONS
3- 1034.01 THROUGH 3- 1034.07 PROVIDING FOR THE CONTROL OF GREASE, OIL AND
SAND INTERCEPTORS WITHIN THE MUNICIPALITY; ESTABLISHING PENALTIES FOR
THE VIOLATION THEREOF; PROVIDING FOR AN EFFECTIVE DATE OF SAID
ORDINANCE; AND ALL OTHER ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT THEREWITH; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN
PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA AS FOLLOWS:
SECTION 1. Section 3, Article 10 of the Blair Municipal Code shall hereafter provide as
follows:
Article 10. Sewer System
Sec. 3 -1034 GREASE, OIL AND INTERCEPTORS, STATEMENT OF INTENT
The intention of the City Council in passing this ordinance is:
1. To prevent the introduction of excessive amounts of fats, oil, grease, and sand into the City's
sewer system.
2. To prevent clogging or blocking of the City's sewer system due to the accumulation of fats,
oil, grease, and sand.
3. To eliminate the City's liabilities due to possible damage to residences and commercial
buildings.
4. To protect human health and the environment.
5. To facilitate the City's compliance with applicable state and federal laws.
Sec. 3- 1034.01. DEFINITIONS
The Defined words and phrases in this section shall have the meanings there ascribed to them for the
purpose of this article unless the context in which they appear clearly indicates otherwise.
1. "City Administrator" means the City Administrator of the City of Blair, Nebraska, or any
other City employee designated by the City Administrator to enforce the provisions of this
Article.
2. "Facility" in the singular or plural, refers both to food service facilities and transportation
service establishments, unless a modifying word or words indicate that a different meaning is
intended.
3. "FOG" means fats, oil, and grease, a term which generally refers to animal and vegetable
glycerides discharged from food processing and serving industries. These substances are
detectable and can be measured using standard analytical techniques. They are generally
referred to as grease or greases.
4. "Food Courts" means designated areas, generally found at shopping malls, shopping centers,
and amusement parks that contain several food service facilities with different owners that
share seating space and plumbing facilities.
5. "Food Service Facility" means a facility that prepares and /or packages food for sale or
consumption. These include but are not limited to restaurants, food processing facilities,
food manufacturers, seafood packing plants, bakeries, lounges, hospitals, hotels, nursing
homes, churches, schools, dairies, slaughter houses, meat packers, food courts, caterers and
theme parks.
6. "Gray Water" means all of the liquid and particles suspended in the liquid in a trap after
lighter- than -water materials have risen to the top and heavier -than -water materials have sunk
to the bottom.
7. "Grease" means animal and vegetable glycerides discharged from food processing and
serving industries.
8. "Grease Trap" means a device to which grease and food wastes are directed from the food
service facility operations. It functions to separate and retain waterborne greases and solid
food particles prior to the wastewater exiting the trap and entering the sanitary sewer system.
It also collects solids and grease from kitchen floor drains.
9. "Owner" means the owner, and, if the owner does not operate the facility, the operator of a
food service facility or transportation service establishment.
10. "Sand and Oil Trap" means a device to which sand and oil wastes are directed from the
transportation service establishment operations. It functions to separate and retain
waterborne sand and oil particles prior to the wastewater exiting the trap or interceptor and
entering the sanitary sewer system.
11. "Sanitary Sewer Overflow" means the backing up and overflowing of the sewer system as a
result of clogging or the obstruction of flow in the City's sewer system due to the discharge
of wastewater with excessive fats, oil, greases and sand.
12. "Sampling Port" means an opening allowing access to a location where samples can be
collected and analyzed. The sampling port shall be between the trap and the point of
discharge to the City sewer system.
13. "Sewage system" means the publicly owned wastewater treatment plants or sewer systems of
the City of Blair, including but not limited to all the collector system piping, lines, manholes,
lift stations and treatment plants.
14. "Transportation Service Establishments" means an automotive, truck, or heavy machinery
repair and /or maintenance shop, car or truck wash, truck terminal, commercial or industrial
transportation equipment manufacturing or maintenance facilities that have tanks, wash racks
or any other sand and oily liquid waste discharges indirectly or directly to the City's public
sanitary sewer system.
15. "Trap" in the singular or plural, refers to both a grease trap, sand trap and oil trap, unless a
modifying word or words indicate that a different meaning is intended.
Sec. 3- 1034.02. TRAPS; REQUIRED
1. General Requirements
A. Grease traps are required at all food service facilities directly or indirectly connected
to the City's Sewage system. All fixtures within such a food service facility,
including but not limited to kitchen sinks, dishwashers, automatic hood wash units,
floor drains in food preparation and storage areas, and any other source deemed by
the City Administrator to be a source of FOG or which may introduce FOG into the
sewer system, must be connected to a grease trap. In no case shall FOG be directly
introduced into the Sewage system. A grease trap shall function to provide a
quiescent, broad surface area that provides sufficient retention time for natural
buoyancy of the FOG particles to separate from effluent and to retain FOG particles
within the structure. Grease traps may be located underground and outside of a food
service facility and shall have at least one (1) inspection hatch on the top surface to
facilitate inspection, cleaning, and maintenance. Grease traps shall be designed to
collect, contain, or remove food wastes and grease from the waste stream while
allowing the balance of the liquid waste to discharge to the Sewage system. All
grease traps shall be designed and installed in accordance with sound engineering
principles and according to the City specifications and shall fulfill all requirements of
the City's codes.
B. Sand and oil traps are required at all transportation service establishments directly or
indirectly connected to the City's Sewage system. All fixtures within such a
transportation service establishment deemed by the City Administrator to be a source
of sand and /or oil that may be introduced into the sewer system shall be connected to
a sand and oil trap. In no case shall sand or oil be directly introduced into the
Sewage system. The sand and oil trap shall function to provide a quiescent, broad
surface are that provides sufficient retention time for natural settling of the sand
particles to separate from effluent and to retain sand and oil particles within the
structure. Sand and oil traps may be located underground and outside of a
transportation service establishment and shall have at least one (1) inspection hatch
on the top surface to facilitate inspection, cleaning and maintenance. Sand and oil
traps shall be designed to collect, contain, or remove sand and oil from the waste
stream while allowing the balance of the liquid waste to discharge to the Sewage
system. All sand and oil traps shall be designed and installed in accordance with
sound engineering principles and according to the City specifications and must fulfill
all requirements of the City's codes.
2. Existing facilities that do not have traps, shall install the required traps on or before
December 31, 2014.
Sec. 3- 1034.03. REQUIREMENTS FOR TRAPS
1. All traps shall be located as to be readily and easily accessible for cleaning by the user and
for inspection by the City Administrator.
2. All traps shall be constructed of impervious materials capable of withstanding abrupt and
extreme changes in temperature. They shall be of substantial construction, watertight, and
equipped with easily removable covers which when bolted in place shall be gastight and
water -tight
3. The owner shall ensure that all traps work properly and effectively.
4. All traps shall fully comply with all applicable provisions of the municipal code and any
other applicable City regulations.
5. The owner shall be solely responsible for the cost and completion of tap cleaning inspection,
and maintenance, and repairs.
6. Pumping of all traps shall be performed when, in the case of a grease trap the total volume of
captured FOG and food sludge in a grease trap or, in the case of a sand and oil trap, the total
volume of captured sand and oil displaces twenty percent (20 %) or more of the volume of the
trap means emptying it and cleaning the side walls, cross pipes, and inlet and outlet pipes.
7. All traps shall be opened, inspected, and maintained a minimum of once per month.
8. Traps may be inspected by the City Administrator as often as deemed necessary to assure
compliance with this article. Such inspections may be unannounced. The City Administrator
may review the facilities' records on proper pumping, cleaning, maintenance and disposal
activities and may order the facility to make such changes or repairs as necessary to comply
with the provisions of this article.
9. The owner shall be solely responsible for the cost and completion of all repairs of traps.
Repairs required by the City Administrator shall be completed within twenty -one (2 1)
calendar days from the date of receipt of written notice of required repairs.
10. The owner shall be responsible for the lawful disposition of all grease, sand, oil and materials
removed from traps.
11. The owner shall maintain records of all trap cleaning, maintenance, disposal, and repair, and
shall make all records available to the City Administrator on demand. Such records shall
include the date and time of the event recorded as well as the date the record was created and
shall include the amount of material pumped, the repair conducted, or similar description of
the recorded event. All records shall be signed by the authorized owner or operator, or a
representative of the owner or operator. If cleaning and maintenance are done by facility
owners, and shall be made available to the City Administrator upon demand. All required
written records shall be maintained for three (3) years from the date the record was created.
12. No chemicals, enzymes, emulsions, live bacteria, or other grease cutters or additives to
grease traps shall be used without the prior written approval of the City Administrator. If the
City Manger's approval to apply such additives is requested, the City Administrator shall be
furnished the discretion of the City Administrator.
13 . No grease, sand, or oil sources shall be connected directly to sewer lines or be allowed in any
other manner to bypass the trap.
14. Sewage shall not be allowed to pass through a trap.
15. Access covers or manholes shall be clearly identifiable and provided over each trap. The
manhole shall have readily removable covers to facilitate inspection, the removal of grease,
sand, oil, and other materials, and gray water sampling activities. The location of the trap
shall be kept free and clear of debris. Blocking or covering the access to manholes is
prohibited. The owners or designated representatives (facility Administrators) of the food
service facilities or transportation service establishments shall open access covers or manhole
covers at the request of the City Administrator.
16. Traps shall be designed and maintained so as to prevent surface water or groundwater from
entering trap through leaks in the plumbing or cracks in the trap itself.
17. Under the sink grease traps shall be cleaned at a minimum of once per week, or more often as
necessary, to prevent pass - through of grease and other solids into the City's Sewage system.
Facilities with under the sink traps are subject to the same record keeping requirements as
indicated above.
18. FOG, sand or oil shall not be discharged directly to the City's Sewage system, storm sewer
system or any other location not designated by the City Administrator for the reception of
such materials.
19. A sampling port shall be installed in a location approved by the City Administrator to allow
sampling by the City Administrator. The sampling port shall be located between the trap and
the discharge point to the sewer system.
20. The owner shall allow the City Administrator ready access at all reasonable times to all parts
of the facility for the purpose of trap inspections, observations, records examination,
measurements, sampling, testing and any other function deemed necessary under this article.
See. 3- 1034.04. INSPECTION AND MONITORING
1. All facilities may be inspected by the City Administrator as often as deemed necessary to
assure compliance with this article. Such inspections may be unannounced. The City
Administrator may review the records required by this article and may order such changes or
repairs as necessary to comply with the provisions of this article. Inspections will not be
limited to traps but shall include all equipment and operations that may result in the
generation of FOG, sand and oil. Other pertinent data and documentation will be subject to
verification at the time of inspection.
2. The City Administrator may:
A. Sample and analyze wastewater discharge from food service facilities and
transportation service establishments at any time to determine compliance with all
provisions of the municipal code.
B. Measure grease /sand gray water level in the traps at any time for pumping violations.
C. Determine the adequacy of all traps, based on review of all pertinent information
regarding grease, sand and oil trap performance and facility operations, and may
order the installation of an appropriate trap.
Sec. 3- 1034.05. PROVISIONS APPLICABLE TO THE TRANSPORTATION OF
MATERIAL REMOVED FROM TRAPS
1. All persons transporting FOG, sand and oil removed from traps shall:
A. Comply with all applicable local, state and federal regulations.
B. Lawfully dispose of all material removed from traps.
C. Accurately maintain for a period of three (3) years the following records:
1) Name and address of business where the grease, sand and oil trap(s) was
pumped out and cleaned.
2) Name of business owner(s), date of pumping and volume of waste.
3) As to each shipment of material removed from traps:
a) Vehicle license number of the vehicle used in the shipment.
b) The driver's name.
c) The date of delivery.
d) A signed manifest. By signing a manifest, the driver certifies to the
accuracy of information on the manifest.
2. The City Administrator may inspect all vehicles used in the transportation of material
removed from traps.
3. Persons transporting material removed from traps shall clean up spills or accidental releases
on streets in the City of Blair.
Sec. 3- 1034.06. VIOLATIONS
The violation of any provision of Section 1034 shall be a Class III Misdemeanor, as defined by the
statutes of the State of Nebraska Section 28 -106, and upon conviction shall be fined accordingly.
Each day a violation continues shall be considered a separate violation.
Sec. 3- 1034.07. SEVERABILITY
It is declared to be the intent of the City of Blair that if any section, subsection, sentence, clause or
provision of this article shall be declared invalid, the remainder of this article shall be construed as
not having contained such section, subsection, sentence, clause or provision and shall not be affected
by such holding.
SECTION 2. This ordinance shall be effective from and after its passage and publication as
provided by law.
SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed.
PASSED AND APPROVED THIS 24th DAY OF June, 2014.
CITY OF BLAIR, NEBRASKA
By I V
M E. REALPH, MAYOR
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 24th day of June, 2014.
Bf&NDA R. WHEELER, CITY CLERK