ORDINANCE NO NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, AS FOLLOWS

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF OVIEDO, FLORIDA, RELATING TO FATS, OILS AND GREASE REGULATION AND MANAGEMENT; PROVIDING FOR DEFINITIONS; REQUIRING ACTIONS BY SEWER SYSTEM USERS RELATING TO THE CONTROL AND ELIMINATION OF FATS, OILS AND GREASE DISCHARGES INTO PUBLIC SANITARY AND STORM SEWER SYSTEMS; PROVIDING FOR LEGISLATIVE FINDINGS, INTENT AND PURPOSES; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR CODIFICATION AND CORRECTION OF SCRIVENER'S ERRORS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the introduction and disposal of fats, oils and grease from non-residential facilities to the City of Oviedo s sanitary and storm sewer systems has a detrimental and damaging effect resulting in costly repairs to public facilities and impedes the protection of the water quality, the safety of public health and welfare and the preservation of significant and valuable habitats; and WHEREAS, the City of Oviedo City Council desires to enact a method of regulating and enforcement for the storage, removal and discharge of fats, oils and grease being generated from non-residential facilities; and WHEREAS, the City of Oviedo City Council has the obligation to uphold the best management practices in order to maintain fair and just fees associated with the maintenance of all public sewer facilities and systems; and WHEREAS, the City of Oviedo City Council has determined to adopt a fats, oils and grease prevention program as set forth in this Ordinance. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF OVIEDO, FLORIDA, AS FOLLOWS SECTION 1. LEGISLATIVE FINDINGS INTENT AND PURPOSES. (a). The foregoing recitals (whereas clauses) are hereby adopted as the legislative findings of the City Council of the City of Oviedo as well as the City staff report and City Council agenda memorandum relating to this matter as if fully set forth herein. (b). The City of Oviedo has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. SECTION 2. CHAPTER 54, OF THE CODE OF ORDINANCES OF THE CITY OF OVIEDO IS AMENDED AS FOLLOWS: A new Article IX is created in Chapter 54, Code of Ordinances of the City of Oviedo, Florida, to read as follows:

2 ARTICLE IX: MAINTENANCE BY COMMERCIAL/NON RESIDENTIAL USERS Section FATS, OILS & GREASE PROGRAM. (a). The provisions of this Ordinance outline and streamline the maintenance, monitoring, storage and disposal requirements of all food service facilities, categorical industrial users and users that connect directly or indirectly to a public sewer system or have the potential to be a nuisance or pollutant by means of run-off affecting such a public sewer system. (b). Additionally, it is the purposes of this Ordinance as follows: (1). To eliminate large amounts of fats, oils and grease to the City s Sewer Systems. (2). To reduce preventable blockages and failures of water and sewer lines attributed to heavy accumulation of fats, oils and grease, discharged by commercial and industrial properties within the City. (3). To protect the health, safety and welfare of the residents and visitors to the City and protect the integrity of the City s environmental surroundings and the surface waters of the United States. (4). For the City to uphold and utilize best management practices, resulting in the highest accountability and regards of taxpayers funds. (5). To have the ability to inspect facilities for regulatory standards and ensure the fats, oils and grease prevention program is understood and followed by those entities affected. (6). To establish enforcement procedures and if necessary impose such fines and costs in accordance with the City s fee schedule associated with pollutant loadings, damage to infrastructure and the cleaning of utility lines when deemed necessary. Definitions. (a). The definitions provided in the United States Code, the Code of Federal Regulations, the Florida Statutes, the Florida Administrative Code and other controlling provisions of law shall be applicable to the subject matter of this Ordinance. In accordance with Section 1-14 of the Code of Ordinances of the City of Oviedo, Florida and the City s ongoing codification program; the City Clerk, in conjunction with the City Attorney, may add definitions to the Code of Ordinances of the City of Oviedo, Florida. The use of the term Florida Building Code shall mean the most recently adopted version of such document which is controlling under the pertinent provisions of State law. (b). Additionally, the following definitions of the following terms shall be added to the provisions of the Code of Ordinances of the City of Oviedo, Florida: (1). Best Management Practices means techniques used that have proven to be effective Page No. 2

3 when implemented properly and consistently and which are in accord with sound and generally accepted practices and principles, as determined by the City, applicable to the solid waste and related regulatory agencies. (2). Categorical Industrial User means an industrial user subject to categorical pretreatment standards under Rule , Florida Administrative Code, including 40 Code of Federal Regulations, Chapter 1, Subchapter N, Parts 405 through 471, as of July 1, 2009, (including those facilities that discharge on average twenty-five thousand (25,000) gallons per day or more of waste water to a public WWF) all of which provisions are hereby adopted and incorporated by reference. (3). Food Service Facility means any business or food service that prepares, processes or packages food for sale or consumption either on or off-site with the exception of private residences. Food Service Facilities shall include but not limited to restaurants, fast food establishments, bars, food courts, school cafeterias, grocery stores, retail and wholesale meat markets, churches, hospitals and all other establishments where food is prepared or sold or served. (4). Grease means a material either liquid or solid comprised primarily of fat, oil and grease of animal or vegetable sources. (5). Grease Waste Interceptor means a containment tank designed to collect, contain or remove food wastes and grease or oil particles from wastewater prior to discharge into a wastewater collection system. A Grease Waste Interceptor can be either a large tank installed underground outside of a food service establishment or a smaller containment box located within a facility commonly referred to as undersink grease waste interceptor as allowed by the Florida Building Code. (6). Sewer System means, for the purpose of the protections afforded to public systems in this Ordinance, either wastewater sewer lines or stormwater sewer lines that lead to a public treatment facility or discharges to a municipal system, wetland or surface water of the State of Florida. (7). Used Grease/Oil Storage Container means an appropriately sized and sealed storage unit or container that is regularly emptied by a licensed grease hauler. Written logs must be kept for a minimum of three (3) years showing the signature of the individual performing the disposal and the name of the collection business. Administration. (a). The fats, oils and grease prevention program of the City shall involve the departments assigned by the City Manager for reviewing new food establishments, ensuring grease traps, grease interceptors or storage tanks are planned and marked in the design stage prior to the issuance of a building permit and inspections shall be conducted by the Stormwater Department during regulatory inspections for the National Pollutant and Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) reporting. (b). The department assigned by the City Manager shall maintain responsibility to inspect Page No. 3

4 commercial facilities on a reasonable schedule and ensure records are kept in accordance with controlling State law. (c). The department assigned by the City Manager shall administer any notices of noncompliance in accordance with the program following field inspections, and inform the City s code enforcement officers of the non-conformance should further enforcement prove necessary. Implementation Requirements. (a). All new facilities, facilities undergoing expansion or that attain a change of use permit or modification or any other permit to become a food service facility shall either have in place, or, install a grease trap or grease interceptor, the design shall be submitted for approval with the permit application and the design criteria shall conform to the most recently adopted Florida Building Code. For those facilities deemed to be a Significant Industrial User the facility will be further subject to controlling Federal and State law. (b). A receptacle for storing used oil shall also be part of the design plan and be placed at a suitable location for means of appropriate disposal by a licensed professional grease hauler. Existing facilities prior to the effective date of this Ordinance shall be permitted to use existing grease interceptors and grease traps provided that they are demonstrated to be in good working order and effectively contain generated quantities. Existing facilities shall have a suitable storage area and container for used oil and documentation of appropriate disposal methods by a licensed professional grease hauler. (c). The City may require an existing facility to install a new grease interceptor or trap that complies with the requirements of the most recently adopted Florida Building Code or to modify or repair any non-compliant plumbing or existing grease interceptor or trap when any one or more of the following conditions exist: 1. The facility is found to be contributing grease in quantities that cause sewer blockages or evidence a maintenance burden. 2. The facility does not have any type of grease interceptor or trap. 3. The facility s existing grease interceptor or trap is determined to be in disrepair or defective by the City. 4. The facility is undergoing kitchen remodeling and requires a plumbing permit issued by the City. 5. The facility is sold or otherwise changes ownership. Grease Interceptor Maintenance. (a). Each food service facility shall be responsible for all costs associated with the maintenance, cleaning, pumping and disposal required for the operation of grease interceptors. Page No. 4

5 (b). Emptying of grease interceptors shall occur on a regular basis according to the following criteria: 1. When the settled solids layer exceeds the invert of the outlet pipe or; 2. When the total volume of captured grease and solid materials displace more than twenty-five percent (25%) of the capacity of the interceptor; or 3. When the interceptor is not retaining or capturing oils and greases. Grease Trap Maintenance. (a). Each food service facility shall be responsible for all costs associated with the maintenance, cleaning, pumping and disposal required for successful operation. (b). Each facility can contract with a licensed registered grease hauler or develop a written protocol and perform its own grease trap cleaning methods provided that: 1. The protocol for cleaning is written in a clear and concise manner and displayed such that during an inspection of the facility it can be observed. 2. A logbook is kept of the date of cleaning and the amount of grease collected and maintained on the premises and available for inspection by the City. 3. Solid grease waste that is discarded from grease traps should be in a sealed bag or securely containerized and placed in the solid waste dumpster and the total amount not exceeding the local solid waste program s allowance. Containment for Used Oil. (a). All containers used by food service facilities for the purposes of holding and storing used oil or fats shall be of adequate size, covered, away from any sewer structure or pond area and free of cracks, erosion and fractures that would enable the contents to leak and of a substantial material to hold the weight of the volume. (b). All containers used by food service facilities for the purposes of holding and storing used oil or fats shall be emptied or pumped on a regular basis and documentation provided at time of inspection reflecting the hauling company responsible for such disposal and the date and time of occurrence. Inspections. All food service facilities will be subject to inspection by a City representative responsible for compliance to the City s fats oil and grease prevention program. Page No. 5

6 SECTION 3. IMPLEMENTING ADMINISTRATIVE ACTIONS. The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Ordinance and to take any and all necessary administrative actions to include, but not be limited to, the adoption of administrative rules which may, among other things, incorporate specific definitions that have been adopted under the provisions of controlling law. SECTION 4. ENFORCEMENT AND PENALTIES. (a). The City may enforce the provisions of this Ordinance by any means available to the City under the Code of Ordinances of the City of Oviedo, Florida or as may be available under the controlling provisions of State law and the City Manager is delegated authority to initiate any and all legal actions found necessary to protect the public health, safety and welfare after consultations with the City Attorney; provided, however, that incarceration shall not be an available penalty. (b). Following a City inspection, if the outcome determines that a grease trap interceptor or grease trap or oil/grease containment system, or any similar facility is in need of repair, pumping, cleaning or repair or that a pollutant issue is noted at the time of inspection, enforcement actions shall be generally as follows: 1. A notice of non-compliance shall be issued. Inspection photographs and completed inspection form copies should accompany the issuance of such notice. The notice shall be provided to both the business on the real property and the property owner clearly stating the deficiencies and applicable code and corrections required. Corrections shall be made within five (5) business days from receipt of the notice. The business owner and property owner shall be informed of a follow up inspection. 2. Upon a re-inspection visit if the City finds the non-compliant item/items have not been brought into compliance, the ongoing deficiencies must be clearly documented and photographed and City s code enforcement officers shall be notified for further administrative action that may result in formal action proceedings before a special magistrate of the City. (c). In the event an environmental pollution issue is a concern during the time of a reinspection and after a citation has occurred, the City may order the cleaning and correction by a City crew and charge the property owner for all expenses incurred by the City in accordance with the provisions of Sections and of this Code. (d). Notwithstanding anything in this Section or this Code to the contrary, the City may choose to terminate utility services and or place liens on a property, after reasonable notification (unless the public health, safety or welfare calls for immediate exigent action), for any and all unpaid fees or citations for non-compliance relating to a violation relative to which the use has been cited. SECTION 5. SAVINGS. The prior actions of the City of Oviedo relating to sewer system regulation and the regulation of fats, oils and grease disposal, as well as all actions and activities of the City relating thereto, are hereby ratified and affirmed. SECTION 6. CONFLICTS. All ordinances or parts of ordinances in conflict with this Page No. 6

7 Ordinance are hereby repealed. SECTION 7. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 8. CODIFICATION; CORRECTION OF SCRIVENER S ERRORS. (a). The provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Oviedo, Florida and the sections of this Ordinance may be renumbered or relettered to accomplish such intention and the word Ordinance, or similar words, may be changed to Section, Article, or other appropriate word; provided, however, that Sections 1, 3, 5, 6, 7, 8 and 9 shall not be codified. (b). In accordance with the provisions of Section 1-14 of the Code of Ordinances of the City of Oviedo, Florida and the City s ongoing codification program; the City Clerk, in conjunction with the City Attorney, may make corrections to the provisions of this Ordinance relative to Scrivener s errors of whatever type or nature. SECTION 9. EFFECTIVE DATE. This Ordinance shall become effective immediately upon enactment. FIRST READING: SECOND READING: April 6, 2015 PASSED AND ADOPTED this day of, ATTEST: DOMINIC PERSAMPIERE MAYOR of the City of Oviedo, Florida BARBARA J. BARBOUR CITY CLERK Page No. 7