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HomeMy WebLinkAbout1990-23SmeadSoft Reprint Date: Monday, August 12, 2013 - I • i�g• INDIAN RIVER COUNTY ORDINANCE NO.90-23 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR PURPOSE, PROVIDING FOR DEFINITIONS, PROVIDING FOR REQUIREMENTS FOR THE INSTALLATION OF FOR EXEMPTIONS, PROVIDING FOR VARIANCES, PROVIDING FOR STANDARDS FOR POLLUTANT INTERCEPTOR AND GREASE TRAP CONSTRUCTION, PROVIDING FOR REQUIREMENTS FOR SCHEDULED MAINTENANCE OF POLLUTANT INTERCEPTORS AND GREASE TRAPS, PROVIDING FOR PERMITTING AND INSPECTIONS, PROVIDING FOR PROHIBITION AGAINST THE USE OF SOLVENTS, PROVIDING FOR FEES, PROVIDING FOR ENFORCEMENT, PROVIDING FOR PENALTIES, PROVIDING FOR REPEAL OF CONFLICTING DING F6R- f , PROVIDING FOR APPLICABILITY, PROVIDING FOR SEVERABILITY PROVT^T"sa=NG-FDR-EFFEC-ME-DATE- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION I PURPOSE The Board of County Commissioners of Indian River County, Florida, find that it is in the interest of public health and safety and the environment to require the installation, maintenance, and permitting of pollutant interceptors and grease traps for certain establishments. The Board of County Commissioners further find that current regulations and laws applicable to the inbt -and use of pollutant -interceptors-and-greas2 traps are inadequate. As a result, grease and oil deposits in plumbing lines cause plumbing back-ups and sanitary nuisances inordinate amounts of grease and pollutants in sewage treatment plants inhibit proper treatment of sewage, and the use of solvents as a method of grease control by establishments inhibits sewage treatment at sewage treatment plants and causes pollution of the environment. 15:24:33 = OfficialDocume :673, Attachment Id 0, Page 1 SECTION II DEFINITIONS (1) All definitions contained in Chapter if ---9-9B-51, Florida Administrative Code, are hereby adopted by reference. (2) When used in this Ordinance, the following terms shall have the following meanings: (A) "Cleaned" or "cleaning" shall mean the removal of all accumulated solids and floatables. ' management person of the Division of Environmental Health, Indian River County Public Health Unit. (C) "Establishment" shall mean any property or business location which generates waste which is predicted to contain or does in fact contain in excess of 75 mg/l of oils, fats, or pollutants, typically this would include restaurants, other Food Service, Food Outlets, and processors, automobile service and sales establishments, car and truck washes, fuel purveyor's, and other similar,operations. (D) "Grease" means any fats, oils, or waxes as found in butter, lard, margarine, vegetable fats and oils, -1-411al aLoa V1 VClUa'1b, b=Ub, LLul.6 aLLu certain fruits; fuel oils, lubricating and road oils as derived from petroleum and coal tar. (E) "Grease Control" shall mean the limitation of or to avoid clogging and plumbing malfunction. (F) "Pollutant" means any deleterious, hazardous, toxic, flammable matter or any matter subject to special regulation as a hazardous or toxic substance or waste. (G) "Pollutant interceptor" means a device designed and installed to separate and retain pollutants,. including but not limited to petroleum products of or (2) SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:24:33 - Officiaftcumery s:673, Attachment Id 0, Page 2 SmeadSoft Reprint Date: Monday, August 12, 2013 - c (H) "Solvents" shall mean chemicals which dissolve greases and oils. (I) "Utility Director" means the chief management person of any publicly owned or investor owned sewage system or his designated representative. SECTION ITT REQUIREMENTS FOR THE INSTALLATION OF POLLUTANT INTERCEPTORS AND GREASE TRAPS Except as otherwise provided herein, all new establishments including change of ownership and/or use which are not solely single family or multi -family residences shall have installed a pollutant interceptor or grease trap which complies with the requirements of this ordinance. Establishments which are in existence or permitted for construction prior to the effective date of this ordinance shall e given a one hundred eighty day ay grace period in which to comply with this ordinance. ECTION IV TI N The following shall be exempt from requirements of Section III above: 1. Establishments for which it is demonstrated to the satisfaction of the Utility Director, where applicable, and the Environmental Health Director that the establishment will not be producing grease or pollutants in quantities which would be anticipated to cause pollution or disposal system7i�ge or mmm�funetion. Applications or exemp ion shall be made Oil forms provided by the HRS-Indidn River County Public Health Unit, Environmental Health Section. 2. Establishments for which a variance is obtained pursuant to Section V below. (3) L5:24:33 - OfficialDocume :673, Attachment Id 0, Page 3 SECTION V VARIANCES Variances from the requirements of this Ordinance may be applied for on torms proviaea oy the lnaian xiver uountiy Public Health Unit and shall be granted by the Environmental Health Director where the following has been demonstrated to his satisfaction and to the satisfaction of the Utilities 1. That a variance is required due to a hardship which has not been caused by actions of the applicant, and 2 That it is financially unfeasable to install a pollutant interceptor or grease trap due to physical limitations of or on the subject property, and 3. That adequate alternative methods have been provided for the disposal of grease and pollutants. STANDARDS FOR GREASE TRAP AND POLLUTANT INTERCEPTOR CONSTRUCTION 1. The standards contained in Chapters 1OD-6 and 1OD-9, adopted by reference, except to the extent that they conflict with specific provisions of this ordinance. 2. Where the establishment is served by a septic tank, the sizing of pollutant interceptors and grease traps shall comply with Chapter 1OD-6, Florida Administrative Code. 3. Except for food establishments provided for in paragraph #4 below, the pollutant interceptor and/or grease trap utilized for establishments which are not connected to a eighteen (18) cubic feet of capacity per twenty (20) gallons per minute of flow based upon peak hour calculations. (4) SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:24:34 - Officiaftcumeh s:673, Attachment Id 0, Page 4 SmeadSoft Reprint Date: Monday, August 12, 2013 - 4. For food establishments which are not connected to a septic tank, sizing shall be based on anticipated flows culated according to Exhibits "B" and `"O"- attaclied - hereto and made a part hereof. 5. The size of pollutant interceptors and grease traps shall be of either 750 or 1250 gallons capacity for each pollutant interceptor or grease trap. Where flows and sizing limitations and good engineering practices create a need for more than one pollutant interceptor or grease trap, install- allation in a series shall occur. SECTION VII REQUIREMENTS FOR SCHEDULED MAINTENANCE OF POLLUTANT INTERCEPTORS AND GREASE TRAPS 1. Except as is otherwise provided herein, all pollutant interceptors and traps Lequ red -by -this ordinance be least (6) shall cleaned at every six months. 2. If the Director of Environmental Health determines that flows and grease generated by an establishment as calculated in accordance with Exhibits "B" and "C" hereof, indicate that more frequent cleaning is necessary to prevent possible malfunction, the Environmental Health Director may require that any pollutant interceptor or grease trap regulated by this ordinance be cleaned more frequently than every six months. Cleaning shall be required often enough to preclude the reduction of capacity of grease traps and pollutant interceptors below 225 gallons. Such requirements shall be provided in writing to the owner or operator of the stablishment.-he-utility servicing the -establishment shal- hava thn right to require the PstablishmAnt to clean �hp unit as frequently as necessary if it is determined that grease generated from that establishment is being detrimental to the utility's sewer system and/or treatment system. (5) .5:24:34 - Offciaftcume :673, Attachment Id 0, Page 5 3. If the Environmental Health Director determines that maintenance records kept pertaining to an establishment over a two year period demonstrate that cleaning of a pollutant intercepter or grease trap less frequently than every six months would be sufficient, the Environmental Health Director may allow less frequent cleaning. 4. The owner or operator of each establishment regulated by which complies with the above requirements. This schedule shall be available for review on the establishment premises at all times. The schedule shall be verified any time a pollutant interceptor or grease trap is serviced by keeping a copy of the invoice for the provisions of those services on site with the schedule. The copy shall contain as a minimum the following: a. The name of the originator b. Disposal destination c. Amount of grease or pollutant removed d. Hauler's name, address, and telephone number e. Amount charged for the cleaning. approved haulers and disposed of at a location authorized by Indian River County and the Health Department. SECTION VIII PERMITTING AND INSPECTIONS 1. No pollutant interceptor or grease trap shall be installed without first obtaining a permit for installation from the Indian River County Public Health Unit. Permits may be appiied Tor on corms to be provided by the Indian Rive County Public Health Unit. The Health Unit shall grant a permit for the installation of a pollutant interceptor or grease trap upon finding that all requirements of this ordinance and--other_applicabLe—laws_and rules have—been_m (6) SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:24:34 - Officiaftcumel ts:673, Attachment Id 0, Page 6 SmeadSoft Reprint Date: Monday, August 12, 2013 - 2. The owner or operator of any establishment required to have a pollutant interceptor or grease trap shall obtain a permit for maintenance of the grease trap or pollutant in erce or £rom the -Indian River-County-Public-Hea1tb--Unit prior to issuance of the Certificate(s.) of Occupancy. All pollutant interceptors or grease traps required by this ordinance shall be maintained in accordance with provisions of such maintenance permit. Applications for maintenance permit shall be made on forms provided by the Indian River County Public Health Unit and shall include a maintenance schedule for maintenance of the pollutant interceptor or grease trap which complies with this ordinance. Compliance with the maintenance schedule shall be included as a condition of the maintenance permit. The Indian River County Public Health Unit shall issue a permit for maintenance of the grease trap or pollutant interceptor upon £indirig-that all -requirement of-tf is Ordinance and other applicable laws and rules have been met. 3. It shall be included as a condition of each installation or maintenance permit issued pursuant to this ordinance that a representative of the Indian River County Public Health Unit shall be admitted onto the subject premises at reasonable times to inspect the premises and review the records to verify compliance with this ordinance. 4. Permits issued pursuant to this ordinance shall not be transferable. Any change of ownership of the subject establishment shall necessitate the filing of a new application for permit and the issuance of a new permit. 5. All maintenance permits issued pursuant to this ordinance Shal1--expiTe-on- aeptember- 3-of--eaetr yearannually. T Indian River County Public Health Unit may establish procedures for automatic renewal of permits, which when complied with may result in the renewal of a permit. (7) .5:24:34 - OfficialDocume s:673, Attachment Id 0, Page 7 SmeadSoft Reprint Date: Monday, August 12, 2013 - SECTION IX PROHIBITION AGAINST THE USE OF SOLVENTS Solvents shall not be used as a method of grease control in the plumbing of any establishment which is required by this Ordinance to have a pollutant interceptor or grease trap. SECTION X FEES The Indian River County Public Health Unit may establish a permit application fee schedule and charge fees for the submittal-of--appi-ications- for-instarYation and maintenan - teaseraps and pollutant interceptors. Such fee schedule shall be subject to approval of the Indian River County Board of County Commissioners. Fees collected shall be used to defray the Indian River County Public Health Unit's costs of administering this Ordinance. SECTION XI ENFORCEMENT AND APPEAL This Ordinance may be enforced by the Indian River County Public Health Department and Indian River County Environmental Control Officer in the manner set out in Chapter 85-427, Special Acts, Laws of Florida, or may be nf-orrced- as- any -County- Ordinance. -ordinance, -but --not timite to i i enforcement by the Board of County Co eking injunctive relief. The appeal procedures provided in Chapter 100 of the Code of Indian River County shall apply. (8) L5:24:35 - Officiaftcume :673, Attachment Id 0, Page 8 SmeadSoft Reprint Date: Monday, August 12, 2013 - SECTION XII PENALTIES Any person who shall violate or fail to comply with the provisions of this Ordinance shall be subject o puny men as is provided by law forviolation of a County Ordinance. Violation of this Ordinanceshall also subject the establishment to disconnection of utility service at_the discretion of the Utility Director. SECTION XIII REPEAL OF CONFLICTING PROVISIONS All previous Ordinances, Resolutions, or action of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. All speciateapplying ons a unincorporate portion o Indian River County which conflict with the provisions o this Ordinance are hereby repealed to the extent of such ECTION XIV INCORPORATION•IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "Ordinance". may be changed to "Section", "Article", or other appropriate word, and the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions. SECTION XV APPLICABILITY The provisions of this Ordinance shall apply in the unincorporated areas of.Indian River County and in those incorporated areas where the governing municipality has not adopted a conflicting Ordinance. (9) 15:24:35 - ()ffcialDocume :673, Attachment Id 0, Page 9 SmeadSoft Reprint Date: Monday, August 12, 2013 - r n SECTION XVI SEVERABILITY If any section, part of a sentence, paragraph, phrase or word of this Ordinance is for any reason held to be unconstitutional+-iaopenative_o-r void-,-----such-holdings-shall not affect the remaining portions hereof, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid, or inoperative part. SECTION XVII EFFECTIVE DATE This ordinance was advertised in the Vero Beach Press Journal on the 19 day of September 1990, for a public hearing to be held on the16 day of VLuu,er' , 1990, at which time it was moved for adoption by Commissioner Scurlock seconded by Commissioner Bowman and adopted -by 1 -he following vote-: Chairman Carolyn K. Eggert Aye Vice Chairman Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner Don C. Scurlock, Jr. Aye Commissioner Gary C. Wheeler Aye BOARD OF COUNTY COMMISSIONE ?. INDIAN RIVER COUNTY, FLORID r x By Caroly C Egge`� ha�rman Attest By j( eft. Ba Clerk Inulk' Acknowledgment by the Department of State of the""Stae'of :' Florida this 26th day of October Effective this date: Acknowledmg ent fromthe Department of State received on this 31st day of October 1990, at 11:00 A.M./P.M. and filed in the Office of the Clerk or the Board of County Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAFICIENq By � i - Charles Vitunac, C u- ty Attorney 10 L524:35 - OfficialDocume :673, Attachment Id 0, Page 10 EXHIBIT "A" wi nuw _rEMME �. LIQUID LEVEL- �F" OUTLE T SWEEP 6" MAXIMUM FROM BOTTOM OF TANK SECTION N.T.S. MET PIPE 14 NOTES: 1. Z PIPING SHALL BE A MINIMUM OF 411 TYPE ASTM D 3430. 2. PIPING SHALL BE INSTALLED USING A CONCRETE MANHOLE ADAPTER. 3. SANITARY IT' OUTLET SHALL BE INSTALLED 411 INSIDE MANHOLE WALL. 4. .TANK SHALL BE A MINIMUM OF 750 GALLONS AND SHALL BE EITHER A 750 OR 1250 GALLON TANK, OR ADDITIONAL COMBINATIONS OF THESE TANKS. 5. TANK AND LID MUST BE TRAFFIC BEARING 6. WALLS & BOTTOM SLABS MINIMUM 411 THICK REINFORCED CONCRETE. 7. TOP SLAB MINIMUM 611 THICK REINFORCED CONCRETE. SECTIONS SHALL BE JOINED AND SEALED WITH MINIMUM 1-3/411 "RAM-NEKII SEALER OR EQUIVALENT TO FORM A WATERTIGHT SEAL. 9. TRAFFIC RING AND COVER BY U.S. FOUNDRY STYLE 33A OR APPROVED EQUAL. STANDARD DETAIL FOR GREASE, OIL, AND SANDINTERCEPTORS SmeadSoft Reprint Date: Monday, August 12, 2013 - 15:24:36 - OfficialDocuments:673, Attachment Id 0, Page 11 EXHIBIT "B" GREASE/POLLUTANT INTERCEPTOR Restaurant Flow Design Criteria S X GS X HR/12 x LF = Effective capacity of grease interceptor in gallons HR = number of hours establishment is open per day LS =.loading factor of 0.80 S = number of seats in dining area GS = gallons of wastewater per seat 0 single service article restaurants) EXHIBIT "C" GREASE\POLLUTANT INTERCEPTOR M X GM X LF = effective capacity of grease interceptor in gallons M = meals prepared per day GM = gallons of wastewater per meal at 5 gallons per meal .IF = loading factor of 1.00 with dishwashing machinery, 0.50 without dishwashing machinery. EXHIBIT "D". -FUEL OIL SEPARATOR - 18 cubic feet of capacity is required per 20 gallons per minute of flow based on peak hour flows from the establishment. 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