HomeMy WebLinkAboutPO 6698: PROPOSED FASTS, OILS, AND GREASE CAPTURE, TRANSPORT AND DISPOSAL City of
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INTEROFFICE MEMORAN D U M
Date: April 24, 2018
To: Harvey Robinson, Interim City Manager
From: Latrice Gallow, Compliance Engineer Manager
Through: Donald Stanton, Assistant Director of Utilities
RE: Proposed Fats, Oils, and Grease Capture, Transport and Disposal Ordinance
Introduction:
The City of Port Arthur is required by state and federal regulations to prevent sewer system
overflows,and to regulate and control the discharge of industrial wastes into the system in order
to protect the system, increase operational efficiency, comply with pollutant minimization
requirements, and facilitate compliance with wastewater discharge limits.
The City has been experiencing more sanitary sewer backups in the recent years involving
grease. The City does not have an active program for monitoring commercial facilities to ensure
compliance. Regulatory Service has begun inspections of commercial businesses but have found
without the legal backing of the ordinance it is difficult to encourage businesses to comply with
the need to be more diligent with maintaining their grease traps. We believe this ordinance will
provide the legal backing to encourage businesses to properly clean their grease traps and to
properly manage their maintenance records.
Budget Impact:
The costs of equipment installation and maintenance are the responsibility of the building owner
or lease holder. The City of Port Arthur would incur administrative and enforcement costs.
Recommendation:
"Remember,we are here to serve the Citizens of Port Arthur"
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It is recommended that the proposed ordinance be introduced into City Council so that Utility
Operations will continue providing proper maintenance of the collection system in such a
manner to provide customers with the highest quality of service available.
"Remember,we are here to serve the Citizens of Port Arthur"
PO 6698
5/16/2018 LG
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS, AMENDING CHAPTER
110 (UTILITIES), ARTICLE III (SEWER) , BY ADDING A NEW DIVISION (V) TITLED
"FATS, OILS, AND GREASE CAPTURE, DISPOSAL AND TRANSPORTATION",
PROHIBITING THE DISCHARGE OF CONTAMINATED MATERIALS, DIRECTLY
OR INDIRECTLY,INTO THE WATERS OF THE UNITED STATES"AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF; REGULATING THE CAPTURE,
TRANSPORT AND DISPOSAL OF FAtS, OILS, AND GREASES, AS IT PERTAINS TO
COMMERCIAL AND INDUSTRIAL USERS OF THE COLLECTION SYSTEM, AND
PROVIDING FOR PUBLICATION
WHEREAS, the City of Port Arthur has experienced a substantial number of dry weather
sanitary sewer overflows over the past several years; and
WHEREAS, sanitary overflows are a violation of the City of Port Arthur's wastewater
permits, State and Federal Rules and Law; and
WHEREAS,the primary cause of sanitary sewer overflows within the City of Port
Arthur appears to be fats, oils, and grease released by non-residential customers into the sanitary
sewer collection system; and
WHEREAS,this Ordinance sets forth uniform requirements for users of the wastewater
collection and publicly owned treatment works (POTW) for the City of Port Arthur, Texas and
enables the city to comply with all applicable state and federal laws including the Clean Water
Act(33 U.S.C. 1251 et seq.), and the General Pretreatment Regulations (40 CFR Part 403); and
WHEREAS,this Ordinance is established to prevent the discharge of grease, fats, and oil
into the sewer systems and the waters of the United States by requiring users to provide a device
to intercept and treat these wastes, to set forth uniform requirements for the installation and
maintenance of grease traps and holding tanks in the City of Port Arthur, Texas; and
WHEREAS, the City of Port Arthur City Council deems it necessary to set forth uniform
requirements for users of the POTW as identified herein in order to comply with all applicable
State and Federal laws and prevent sanitary sewer and combined sewer overflows; and
WHEREAS,to ensure the proper handling, disposal transport and tracking of trap waste
and other liquid waste; and
WHEREAS,the City Council deems it in the public interest of the City to amend
Chapter 110 (Utilities), Article III (Sewer), and adding a new Division(V) as it pertains to the
"Fats, oils, and grease capture, disposal and transportation"prohibiting the discharge of
contaminated materials, indirectly or directly into the waters of the United States, as it pertains to
commercial and industrial users of the collection system.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That Chapter 110 (Utilities), Article III (Sewer), adding Division 5 (Fats,
Oils, and Grease Capture, Disposal and Transportation) of the Code of Ordinances of City of
Port Arthur, Texas is hereby amended as delineated in Exhibit"A".
Section 3. All Ordinances and parts of Ordinances in conflicts with this Ordinance
are hereby repealed to the extent of the conflict.
Section 4. That this being an Ordinance which requires publication, its caption shall
be published at least one (1)time within ten(10) days after final passage hereof in the official
newspaper of the City of Port Arthur, and this Ordinance shall take effect immediately after the
date of publication.
Section 5. That a copy of the caption of the Ordinance be spread upon the Minutes of
the City Council.
Section 6. This Ordinance adds a new Division 5 (V)"FATS, OILS AND GREASE
CAPTURE, DISPOSAL, AND TRANSPORTATION", Chapter 110 (Utilities), Article III
(Sewer)to read as follows:
READ,ADOPTED AND APPROVED on this the day of ,A.D.,
2018, at a regular meeting of the City Council of the City of Port Arthur, by the following vote:
AYES: Mayor
Councilmembers:
NOES:
Derrick Freeman, Mayor
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ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
j1/16Ad UtZtL 07Je,411
Valecia Tizeno. City Attorney
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manager
Andrew Vasquez, Director of Finance
Donald Stanton,Assistant Director of Water Utilities
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Exhibit A
ARTICLE - FATS, OILS AND GREASE CAPTURE, TRANSPORT AND DISPOSAL
Sec. 110-226.—General Provisions
Purpose and policy.
This sets forth uniform requirements for users of the publicly owned treatment works(POTW)
to capture and dispose of fats, oils and greases (F.O.G.) and enables the city to comply with all
applicable state and federal laws, including the Clean Water Act, 33 U.S.C., § 1251, et seq.; and
the General Pretreatment Regulations, Title 40 C.F.R. Part 403. The objectives of this article are:
(1) To prevent the introduction of wastewaters containing oil and grease and/or solids in
amounts which may cause stoppages or obstruction of flow, or in any other way prevent
inhibit operation of POTW;
(2) To prevent the introduction of F.O.G. into the POTW that could pass through the POTW,
inadequately treated,into receiving waters,or otherwise be incompatible with the POTW;
(3) To prevent sanitary sewer overflow (SSO), where sewer water flows out of a manhole
cover or-public cleanout and along the ground. These overflows can then contaminate the
ground, local waterbodies and any property that the sewerage comes into contact with;
(4) To promote the proper maintenance of grease traps and grit traps and;
(5) To enable the city to comply with federal, state and local pollutant discharge limits.
Sec 110-227. — General Requirements
1) This section shall apply to all facilities whose waste discharge contains or may contain grease,
oil,or other harmful pollutant that originating from processes including but not limited to food
preparation and serving, and water extraction. The Director of Water Utilities or his/her
designee shall be authorized to issue a Grease Trap/Grit Trap Permit to any person who
operates or wishes to operate a facility who discharges wastewater to the POTW collection
system. A fee shall be charged for each Grease Trap Permit.
2) Any person currently operating within the City of Port Arthur who is required to obtain a
Grease Trap/Grit Trap Permit shall not operate more than six (6) months after the effective
date of this Ordinance without a permit. Where except where the appropriate and complete
application was filed on or before sixty (60) days of the effective date of this ordinance and
the permit was not issued through no fault of the applicant.
3) Failure to obtain the required permit within the specific time limit shall subject the generator
to the enforcement provision set forth by the City of Port Arthur.
4) Any person wishing to operate within the City of Port Arthur, who is required to obtain a
Grease Trap/Grit Trap permit shall apply to the Director of Water Utilities or his/her designee
on an approved form not less than sixty (60) days prior to the anticipated date of beginning
operation. Operation of the restaurant shall not commence prior to the issuance of the
appropriate permit.
a) A separate permit shall be issued for each restaurant.
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b)The permit shall specify the type of waste authorized for the discharge and design
criteria for the grease trap/grit trap.
Sec 110-228. -Request for exemption
A) The following types of establishment may be granted exemption from the requirements of
this ordinance;
1) Operate for a maximum duration of ten (10) days in connection with an annual
event such as fairs, carnivals, circus, public exhibitions, or other public gathering;
2) Bars and clubs serving drinks only and where no food is prepared;
3) Snow cone and shaved ice stands, provided no other type of food is prepared;
4) Day care centers who primarily serve microwaved dishes, using single service
items;
5) Mobile food establishments in a vehicle or trailer designed to be easily moveable
and not discharging to the sanitary sewer;
B) If a generator believes that quarterly pumping of their grease or grit trap is not justified, that
generator must request in writing an exemption to the requirement. [To qualify for the
exemption. For a request to be granted establishments must be operable with a grease trap/grit
trap permit a minimum of one (1) year].
a) The generator must have an independent laboratory sample and analyze semi-annually
a grab wastewater discharge sample for oil and grease at the owner expense.
b) The samples shall be collected from the sample port.
c) When analyzed the oil and grease must be less than 200 mg/l.
C) If a generator believes that they do not need a grease or grit trap and do not fall into any of the
exempted categories, they must submit to the Director of Water Utilities or his/her designee
following information to prove their exemption:
1) The name, address, and telephone number to the business;
2) The name of the manager or other contact at the business;
3) A description of the business;
4) The type, size, and maintenance schedule of any wastewater pretreatment devices;
5) The name of all haulers of any waste and recycled products who have hauled from the
business in previous years;
6) A statement of whether employees are trained in waste disposal practices.
7) A plan showing the location of all water and sewer connections, fixtures, sample port,
backflow prevention devices, and any other treatment devices;
8) A copy of all printed menus for food establishments;
9) Any planned significant changes to the user's operation or system which might alter
the nature, quality, or volume of its wastewater;
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10) A statement as to why the generator believes it qualifies for an exemption;
11) Any other information as may be deemed necessary by the Director of Water Utilities
to evaluate the wastewater discharge.
D) The Director of Water Utilities shall make a decision in regard to all requests. Should the
generator disagree with the decision,the generator may appeal such decision in writing within
five (5)days after the written decision of the Director of Water Utilities. [ The decision of the
Director Water Utility Operation shall be final].
Sec. 110-229. -Applicability and prohibitions.
This article shall apply to all non-residential users of the POTW, unless otherwise stated herein
where the user discharges to the POTW directly through a sanitary sewer collection system to the
POTW.
Applicability
a) Facilities generating fats, oils, or greases as a result of food manufacturing, processing,
preparation, car wash facilities,mechanical processes, or laundries shall install, use, and
maintain appropriate grease traps, interceptors and grit trap as required in this article. Also,
facilities include, but are not limited to,restaurants, hospitals, hotels and motels, schools,
prisons, nursing homes, and any other facility preparing, serving,or otherwise making any
foodstuff available for consumption.
b) Grease traps/grit traps or holding tanks shall be provided for the proper handling of wastes
containing oil and grease, which may be harmful to the building collection system, the public
sewer, or the POTW.
c) Any establishment not specifically exempted by this ordinance, which prepares food for on-
site or off-site consumption, shall be equipped with an adequately sized interceptor.
d) Such pretreatment facilities shall be protected from rainwater and runoff. Drainage from areas
exposed to rainwater or runoff shall not be connected to such pretreatment facilities.
e) Where pretreatment or flow equalization facilities are provided for any waters or waste, these
facilities shall be maintained in satisfactory and effective operation by the owner or operator
at his/her expense.
Prohibitions
a) A person commits and offense if he/she allows liquid waste to accumulate upon property under
his/her control that emits noxious or offensive odors, is unsanitary, injurious to the public
health or deleterious to the environment.
b) A person commits an offense if he/she unloads or offers for sale or exchange liquid waste,
except at a place approved by the City and permitted by the state or federal government.
c) A person commits an offense if he/she deposits or discharge liquid waste onto a street or into
a storm or sanitary sewer or an area that drains into a storm sewer system.
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d) No person may falsify, tamper with or knowingly render inaccurate any monitoring device or
method required to be maintained under this article.
e) It shall be unlawful for a generator to introduce, or cause to be introduced into a grease or
grit trap or public sewer the following:
1) No user may intentionally or unintentionally allow the direct or indirect discharge of
any petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or
greases of animal or vegetable origin into the POTW system in such amounts as to
cause interference with the collection and treatment system,or as to cause pollutants to
pass through the treatment works into the environment.
2) It shall be unlawful for a generator to divert wastewater around a collection point into
the sanitary sewer or to a storm drainage system.
3) The use of separator trucks to pump grease traps and return the liquid portion to the
grease trap is prohibited.
4) Any wastewaters with an oil and grease level in excess of 200 mg/1.
5) No person shall discharge or cause to be discharged at the POTW any wastewater
having a pH less than 5.0 or no more than 10.0, or otherwise causing corrosive
structural damage to the POTW or equipment.
Sec. 110-230. -Definitions
Act means Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251 et seq.
Approved means accepted as satisfactory under the terms and intent of this or related
provisions and given formal and official sanction by the City Manager.
BOD means the value of the five-day test for biochemical oxygen demand, as described in the
latest edition of"Standard Methods for the Examination of Water and Wastewater."
COD means the value of the test for chemical oxygen demand,as described in the latest edition
of"Standard Methods for the Examination of Water and Wastewater."
Control Authority means the City of Port Arthur.
Disposal means the discharge,deposit,release,injection,dumping,spilling,leaking or placing
of any liquid waste into or on any land or water so that such waste or any constitute thereof may
enter the environment, be emitted into the air or discharged to any sewers or waters, including
ground waters.
Disposal site means a permitted site or part of a site at which liquid waste is processed,treated
and/or intentionally placed into or on any land and at which the waste will remain after site closure.
Disposer means a person who receives, stores, retains,processes or disposes of liquid waste.
EPA means the United States Environmental Protection Agency.
Fats, oils, and greases (FOG) means organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These substances are
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detectable and measurable using analytical test procedures established in 40 CFR 136, as may be
amended from time to time. All are sometimes referred to herein as "grease" or "greases."
Food any substance,whether solid or liquid,and whether of animals,vegetable,or fruit origin,
intended to be used or commonly used as a food for human consumption.
Generator means any person who owns or operates a grease trap/grease interceptor, or whose
act or process produces grease as a waste or byproduct.
Grease trap or interceptor means a device designed to use differences in specific gravities to
separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater
entering the sanitary sewer system. These devices also serve to collect settleable solids, generated
by and from food preparation activities,prior to the water exiting the trap and entering the sanitary
sewer system. Grease traps and interceptors are also referred to herein as "grease
traps/interceptors".
Grease trap waste means material collected in and from a grease trap/interceptor in the
sanitary sewer service line of a commercial, institutional, or industrial food service, as defined as
schools,churches, retirement homes,day care facilities or processing establishment, including the
solids resulting from dewatering processes. -
Grit trap/Oil Separator means a water-tight receptacle designed and constructed to intercept
and prevent the passage of solids and/or petroleum bases products, such as oil,grease or fuels,into
the sanitary sewer system to which the receptacle is directly or indirectly connected.
Grit Trap waste means material collected in and from a grit trap, such as, but not limited to
those traps at commercial automotive or heavy machinery repair and/or washing facilities.
Hazardous waste means any liquid, semi-liquid or solid (or combination thereof), which
because of its quantity, concentration, physical, chemical or infectious characteristics may
a) Have any of the following characteristics: toxic, corrosive, and irritant, a strong
sensitizer, flammable or combustible, explosive or otherwise capable of causing
personal injury, illness or damage or sewer systems;
b) Pose a hazard to human health or the environment when improperly treated, stored,
transported or disposed of, or otherwise improperly managed; or
c) Is identified or listed as a hazardous waste as defined by the Texas Solid Waste
Disposal Act or the Administrator, the U.S. Environmental Protection Agency (EPA),
the Federal "Solid Waste Disposal Act" as amended by the "Resource Conservation
and Recovery Act of 1976" and as may be amended in the future.
Indirect discharge or discharge means the introduction of pollutants into a POTW from any
nondomestic source.
Interference means a discharge which alone or in conjunction with a discharge or discharges
from other sources inhibits or disrupts the POTW, its treatment processes or operations or its
sludge processes, use or disposal, or is a cause of a "pass through" of grease or violation of the
city's TPDES permit.
Liquid waste means water-borne solids, liquids, gaseous substances derived from sources,
such as, but not limited to grease traps, grit traps, chemical/portable toilets, septic tanks and or
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washwater operations and is described as a grease trap waste, grit trap waste, septage, washwater
or other liquid waste.
Manifest means the tracking forms required to be completed by generators and transporters
when cleaning grease interceptors and transporting waste for disposal in accordance with 30 Texas
Admin. Code § 312.145.
Non-Food Service Establishments mean those establishments primarily engaged in the
preparation of precooked foodstuffs that do not include any form of cooking. These include but
not limited to cold dairy and frozen foodstuffs preparation and serving establishments.
Other liquid waste means non-hazardous liquid, liquid-borne solids, gaseous substances and
other residue and debris resulting from any municipal or industrial wastewater,process water,
contaminated storm water, contaminated groundwater, liquid chemical waste, slurry and/or
sludge, which is not permitted to be discharged to the storm sewer and may require pretreatment
before discharge to a sanitary sewer.
Owner means the person who owns the facility or part of a facility.
Permittee mean the formal written document issued by the Control Authority to a person
authorizing the collection of liquid waste.
Person mean an individual, corporation(including a government corporation), organization,
government governmental subdivision or agency, federal or state agency, political subdivision of
a state, interstate agency or body, business or business trust, partnership, association, firm,
company,joint stock company, commission or any other legal entity.
pH means the measure of the relative acidity or alkalinity of water and is defined as the
negative logarithm (base 10) of the hydrogen ion concentration.
POTW or publicly owned treatment works means a treatment works which is owned by a
state or municipality as defined by Section 502(4)of the Clean Water Act. This definition includes
any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and other
conveyances that convey wastewater to a POTW treatment plant. The term also means the
municipality as defined in Section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works. For purposes of this article, the
terms "sanitary sewer system" and "POTW" may be used interchangeably.
Sanitary means a condition of good order and cleanliness that precludes the probability of
disease transmission, or characterizes by or readily kept in cleanliness or free from contamination,
unhealthy conditions or public health nuisances.
Sanitary Sewer means the system of pipes, conduits and other conveyances which carry
industrial waste and domestic sewage, or a combination of both, from residential dwelling,
commercial buildings, industrial and manufacturing facilities and institutions, whether treated or
untreated, to the sewage treatment plant utilized by the City and to which, storm, surface and
ground water are not normally admitted.
Septage means domestic waste removed from holding tanks such as vessels,
chemical/portable toilets, campers, trailers or septic tanks.
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Storm sewer means a drainage system that carries storm water and surface waters and into
which domestic and industrial sewage or washwater is not permitted.
Tank means a receptacle constructed of a durable material,which is an integral portion of the
waste hauling vehicle and is designed to contain an accumulation or liquid waste.
TCEQ means the Texas Commission on Environmental Quality, and its predecessor and
successor agencies.
TPDES means the Texas Pollutant Discharge Elimination System permit issued by TCEQ for
effluent disposal from the city's POTW(s).
Transporter means a person who is registered with and authorized by the TCEQ to transport
sewage sludge, water treatment sludge,domestic septage, chemical toilet waste,grit trap waste, or
grease trap waste in accordance with 30 Texas Admin. Code § 312.142. A transporter shall be
permitted with the City and comply with the City's rules and regulations for transporters.
Trap means a water-tight receptacle, collection device, interceptor or clarifier designed and
installed so as to separate and retain deleterious or undesirable matter from normal discharge to
the sanitary sewer.
Trip ticket mean the shipping document originated by the transporter which contains the
information required by the Control Authority to ensure proper handling, disposal. Transport and
tracking of trap waste and other liquid waste.
TSS means the value of the test for total suspended solids, as described in the latest edition of
"Standard Methods for the Examination of Water and Wastewater".
Washwater means water-borne solids, liquid gaseous substances or other residue and debris
resulting from a washing or cleaning process. Washwater shall not be discharged to the storm
sewer, and may require pretreatment before being discharged to the sanitary sewer.
Washwater operation means any cleaning process generally conducted outdoors, such as
washing vehicles, equipment, structures or paved surfaces for maintenance, safety, aesthetic or
stormwater pollution prevention purposes, and which generates washwater. Examples would
include cleaning of petroleum equipment/vehicle washing, which does not drain to a grit trap
User means any person, including those located outside the jurisdictional limits of the city,
who contributes causes or permits the contribution or discharge of wastewater into the POTW,
including persons who contribute such wastewater from mobile sources.
LIQUID WASTE GENERATORS
Sec. 110-231.—General Liquid Waste Generators
A) Facilities generating fats, oils, or greases as a results of food manufacturing, processing,
preparation, or food service shall install, use, and maintain appropriate grease traps or
interceptors. These facilities include, but are not limited,to food manufacturers, food
processor, hospital, hotels and motels, prisons, nursing homes, and any other facility
preparing serving, or otherwise making any foodstuff available for consumption.
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B) Facilities generating motor oil, grease, sand,washwater, and other substances harmful or
hazardous as a result of service and manufacturing businesses shall install, use and maintain
appropriate grit traps or interceptors. These facilities include, but are not limited to car
washes, auto repair, fueling stations, laundries and various manufacturing facilities.
C) No user may intentionally or unintentionally allow the direct or indirect discharge of any
petroleum oil,non-biodegradable cutting oil, mineral oil, or any fats oils or greases of
animal or vegetable origin onto the POTW system in such amounts as to cause interferences
with the collection and treatment system, or as to cause pollutants to pass through the
treatment works into the environment.
Sec. 110-232. -Installations
A)New Facilities.
1) New facilities. Food processing or food service facilities which are newly proposed or
constructed, or existing facilities which will be expanded or renovated to include a food
service facility, where such facility did not previously exist, shall be required to design,
install, operate and maintain a grease trap/interceptor in accordance with the current city
adopted plumbing code or other applicable ordinances. Grease traps/interceptors shall be
installed, evacuated and inspected prior to issuance of a certificate of occupancy.
2) Auto repair shops which are newly proposed or constructed with floor drain in areas of
operation, shall be required to design, install, operate and maintain a grit/oil separator in
accordance with current city adopted plumbing codes or other applicable ordinances shall
be installed, evacuated and inspected prior to issuance of a certificate of occupancy.
B) Existing Facilities
1) Existing food processing or service facilities that change in ownership, or existing
facilities which will be expanded or renovated to include a food service facility, where
such facility did not previously exist or where there is an inadequately sized grease
trap/interceptor, shall be required to design, install, and operate a grease trap/interceptor
in accordance with current adopted plumbing codes, or other applicable ordinances.
Grease traps/inceptors shall be installed, evacuated and inspected prior to issuance of a
certificate of occupancy.
2) Existing auto repair shops with floor drains in the areas of operation that change in
ownership,or existing facilities,or expanded or renovated to include floor drains in areas
of operation shall be required to design, install, and operate a grit trap/oil separator in
accordance with current city adopted plumbing codes or other applicable ordinances.Grit
trap/oil separators shall be installed and inspected prior to the issuances of a certificate of
occupancy.
Sec. 110-233.—Responsibility
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A) A generator of liquid waste shall have all liquid waste material picked up from his/her premises
by a liquid waste transporter who holds a valid permit from the Control Authority and the
liquid waste shall be transported to an approved site for disposal.
B) Cleaning and maintenance
1) A generator of liquid waste shall have all liquid waste material picked up from his
premises by a liquid waste transporter who holds a valid permit from the City and the
liquid waste shall be transported to an approved site for disposal.
2) Each grease trap/interceptor pumped shall be fully evacuated unless the trap volume is
greater than the tank capacity on the vacuum truck in which case the transporter shall
arrange for additional transportation capacity so that the trap is fully evacuated within a
twenty-four-hour period, in accordance with 30 Texas Admin. Code § 312.143.
C) Self-cleaning
1) Grease trap self-cleaning operators must receive approval from the City annually prior to
removing grease from their own grease trap(s) located inside a building,provided:
a. The grease trap is.no more than fifty(50) gallons in liquid/operating capacity;
b. Proper on-site material disposal methods are implemented (e.g., absorb liquids into
solid form and dispose into trash);
c. Grease trap waste is placed in a leak-proof, sealable container(s) located on the
premises and in an area for the transporter to pump-out or remove;
d. Detailed records on these activities are maintained.
2) Grease trap self-cleaning operators must submit a completed self-cleaning request to the
city for approval. The written request shall include the following information:
a. Business name and street address;
b. Grease trap/interceptor operator name,title, and phone number;
c. Description of maintenance frequency, method of disposal, method of cleaning and
size(in gallons) of the grease trap/interceptor; and
d. Signed statement that the operator will maintain records of waste disposal and
produce them for compliance inspections.
3) Self-cleaners must maintain a detailed log record to ensure compliance with this article.
A maintenance log shall be kept by self-cleaning operators that indicates, at a minimum,
the following information:
a. Dates the grease trap/interceptor was serviced;
b. Name of the person or company servicing the grease trap/interceptor;
c. Waste disposal method used;
d. Gallons of grease removed and disposed of;
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e. Signature of the operator after each cleaning that certifies that all grease was
removed, disposed of properly, grease trap/interceptor was thoroughly cleaned, and
that all parts were replaced and in operable condition.
4) Log records must be maintained on-site for five (5) years and be readily available for
review by the city.
5) Violations incurred by grease trap self-cleaners will be subject to enforcement action
including fines and/or removal from the self-cleaner program.
D) Cleaning schedules
1) Grease traps and grease interceptors shall be cleaned as often as necessary to ensure that
sediment and floating materials do not accumulate to impair the efficiency of the grease
trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and
to ensure no visible grease is observed in discharge.
2) Grease traps and grease interceptors subject to these standards shall be completely
evacuated a minimum of every ninety(90) days, or more frequently when:
a) Twenty-five(25)percent or more of the wetted height of the grease trap or grease
interceptor, as measured from the bottom of the device to the invert of the outlet
pipe, contains floating materials, sediment, oils or greases; or
b) The discharge exceeds BOD, TSS, oil and grease, pH, or other pollutant levels
established by the city; or
c) If there is a history of noncompliance.
3) Grit traps and oil separators shall be completely evacuated at a minimum of every one
hundred and eighty days (180) days, except for a grit trap located at a car wash which shall
be completely evacuated at a minimum of ninety (90) days.
E) Any person who owns or operates a grease trap/interceptor may submit to the Control
Authority a request in writing for an exception to the ninety-day pumping frequency of their
grease trap/interceptor. The City may grant an extension for required cleaning frequency on a
case-by-case basis when:
a) The grease trap/interceptor owner/operator has demonstrated the specific
trap/interceptor will produce an effluent,based on defensible analytical results, in
consistent compliance with established local discharge limits such as BOD, TSS,
oil and grease, or other parameters as determined by the City.
b) Less than twenty-five(25)percent of the wetted height of the grease trap or grease
interceptor, as measured from the bottom of the device to the invert of the outlet
pipe, contains floating materials, sediment, oils or greases.
F) In any event, a grease trap and grease interceptor shall be fully evacuated, cleaned, and
inspected at least once every one hundred eighty(180) days.
G) In the event that the establishment cease operations,the establishment is required to pump the
trap before abandoning the property. If the owner of the business fails to empty the trap, it
shall become the responsibility of the property owner.
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H) A generator of liquid waste shall not have hazardous waste or liquid waste in combination
with hazardous waste removed from his premises by a liquid waste hauler operating under a
City permit.
I) A generator shall verify the accuracy of the trip ticket from the transporter and then legibly
complete and sign the trip ticket, to certify the statement on the trip ticket, when a load is
picked up by the transporter. The generator shall keep a copy of all trip tickets for a period
of five(5)years at the site of generation,unless otherwise approved by the City.The Control
Authority may inspect and copy these records at any time.
J) A generator of grease or grit trap waste shall:
a) Install or provide a trap of a size and type specified or approved by the Control
Authority;
b) Maintain the trap in effective operating and sanitary conditions;
c) Not install or utilize any system, process or pretreatment involving the use of
enzymes,bacteria or other additives,nor alter the design of the trap without specific
written approval of the City. Any cost to the City associated with a demonstration,
such as, but not limited t6 sampling and analysis, shall be reimbursed to the City
with applicable inspection and sampling fee and;
d) Supervise proper cleaning and completed removal of the contents of the trap.
K) A generator shall maintain the grease trap/interceptor and its surrounding areas in sanitary
conditions, free of litter and odors.
L) A generator shall immediately report spills and accidents involving liquid waste to the Control
Authority.
M) A generator shall clean up all spills and abate all unsanitary conditions immediately,and have
materials used for abatement, such as absorbent materials, disposed of by approved means
and in a timely manner.
N) A generator of washwater or other liquids waste shall:
1) Contain, collect and dispose of a liquid waste by approved means;
2) Protect the storm sewer system and the environment from discharges of liquid waste or
other contaminates.
3) Use approved methods for on-site or mobile treatment of liquid water,and;
4) Accurately measure, by approved means, the volume of liquid waste collected and
disposed of by the transporter.
Sec. 110-234.—Sampling ports
A) The Control Authority may require any user to install a suitable sampling port or facilitate
observation, sampling, and measurement of the waste flows. Sampling port shall be readily
accessible to the Control Authority at all times.
1) Sampling ports shall be easily accessible and safely located and shall be
constructed in accordance to the specifications obtained from Utility Operation
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Department. It shall be installed perpendicular to the effluent flow to allow visual
observation and sampling;
2) Sampling ports shall be installed and maintained by the owner or operator at
his/her expense.
3) New facilities being constructed shall have the sample port installed before
opening for businesses. Established generator must install a sample port within six
(6)months of approval of this ordinance.
4) Exempt establishment may be required to install a sample port for inspections
purposes.
Sec. 110-235. -General Specifications
A) Grease Trap/Interceptor Specifications
a) All liquid waste lines in food preparation and dishwashing areas, except lines from rest
room facilities and cooling unit condensate, ice maker, and soft drink dispenser drain
lines shall discharge through the grease trap.
b) The minimum size of grease interceptors shall be determined according to the type of
the operating facility, but shall, in no case, have a total liquid capacity of less than two
hundred and fifty (250) gallons.
c) The following sizing method shall be used to determine the size of the grease
interceptor, as update with current International Plumbing Code, Chapter 10;
For Restaurants minimum size of grease trap in gallons = (D) x (MF) x (GL)x (RT) x (ST)
Where;
D—Total Number of Seats
MF- Meal Factor,based on type of establishment and average mealtime;
1.33 for fast food/cafeteria(45 minutes)
1.0 for restaurant (60 minutes)
0.67 for leisure dining(90 minutes)
0.50 for dinner clubs (120 minutes)
GL—Gallons of wastewater per meal
6 with dishwashing machine
5 without dishwashing machine
2 for single serve kitchen
1 for food waste disposal
RT—Retention time:
2.5 for commercial kitchen waste
1.5 for single service kitchen
ST—Storage factor based on hours of operation:
1.0 operation of 8 hours
1.5 operation of 12 hours
2.0 operation of 16 hours
3.0 operation of 24 hours
1.5 single service kitchen
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d) The primary chamber shall contain three-fourths(3/4) of the total liquid capacity of the
trap (shall extend top to bottom) except where the specification design of the trap
provides for underflow, in which case, the wall shall not be greater than twelve (12)
inches from the bottom, between the chambers rather than the flow traveling through a
pipe.
B) The effluent leaving the grease trap shall not have a total oil and grease concentration, as
determined by proper laboratory analytical methods, in excess of the discharge limit specified
in the City's Local Limits for industrial waste discharge.
a) Grease traps shall be equipped with double cleanouts on the outside of the trap in both
the influent(prior to the trap)and effluent(after the trap) pipes.
C) The influent shall enter each chamber below the static water level in accordance with the
specification outlined in this paragraph. The effluent shall discharge from below the static
water level of the chamber in accordance with the specifications outline in the paragraph.
a) The influent line into all chambers shall-terminate no greater than eighteen(18) inches
from the bottom of the chamber.
b) The effluent from all chambers shall discharge from the lower twelve (12) inches of
the chamber.
c) The shall be no opening in any influent or effluent pipe that will allow liquid to enter
or exit the chamber at any point other than the intake or discharge point of the pipe.
d) The static water level shall be maintained throughout the entire trap.
Sec 110-236. -Right of Entry, Inspection and Sampling
A) It shall be unlawful for a generator to refuse to allow the Control Authority or authorize
representative to enter their premises during business/operating hours to determine whether the
generator is complying with all the requirements of this division. A generator shall allow the
Control Authority or their authorized representative access to all parts of the premises for the
purpose of inspection, sampling, records examination, copying, and the performance of all
other duties.
B) If the Control Authority or their authorize representative has been refused access to a building,
structure, or property, or an part thereof, and is able to demonstrate probable cause to believe
there may be a violation of this division, or that there is a need to inspect and/or sample as part
of a routine inspection and sampling program of the City designed to verify compliance with
this division, to protect the overall public health, safety, and welfare of the community, or to
protect the wastewater collection system or POTW, then the Control Authority may seek
issuance of a search warrant from any court or competent jurisdiction.
C) All testing designed to satisfy the criteria set forth in this section shall be scientifically sound
and statistically valid. All tests to determine oil and grease, TSS, BOD, COD, pH, and other
pollutant levels shall use appropriate tests which have been approved by the Environmental
Protection Agency and the Texas Commission on Environmental Quality and which are
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defined in Title 40,Code of Federal Regulations,Part 136 or 30 Texas Admin. Code § 319.11.
Testing shall be open to inspection by the Control Authority, and shall be maintained and
scheduled through the City's contracted laboratory.
Sec 110-237. -Alternative treatment
A) A person commits an offense if the person introduces, or causes, permits, or suffers the
introduction of any surfactant, solvent or emulsifier into a grease trap. Surfactants, solvents,
and emulsifiers are materials which allow the grease to pass from the trap into the collection
system, and include, but are not limited to,enzymes,soap,diesel,kerosene,terpene, and other
solvents.
B) Bioremediation media may be used with prior approval of the city if the waste generator has
proved to the satisfaction of the city that laboratory testing which is appropriate for the type of
grease trap to be used has verified that:
1) The media is a pure live bacterial product which is not inactivated by the use of
domestic or commercial disinfectants and detergents,strong alkalis,acids,and/or water
temperatures of 160 degrees F (71 degrees C).
2) The use of the media does not reduce the buoyancy of the grease layer in the grease
trap and does not increase the potential for oil and grease to be discharged to the
sanitary sewer.
3) The use of the bioremediation media does not cause foaming in the sanitary sewer.
4) The BOD, COD, and TSS discharged to the sanitary sewer after use of the media does
not exceed the BOD, COD, and TSS which would be discharged if the product were
not being used and the grease trap was being properly maintained. The pH levels must
be between 5.0 and 10.0.
Sec. 110-238. -Manifest requirements.
A) The User shall maintain records of inspections,pumping and cleaning,and other maintenance
activities of grease traps or holding tanks for a minimum of five (5)years. These records shall
be made available to the Director of Water Utilities Operation upon request for inspection and
copying
a) Each pump-out of a grease trap or interceptor must be accompanied by a City of Port
Arthur manifest to be used for record keeping purposes.
b) Inspections records shall minimally contain the date the facility was inspected, who
inspected the facility, the specific condition of the piping and other structures of the
facility,and a description of a repairs recommended by the inspector and subsequently
made to the facility
c) Pumping, cleaning, and disposal records shall minimally include the date the facility
was cleaned, who cleaned the facility,the type and amount of material removed, who
disposed the removed materials, the disposal site for the removed materials, and
approved completed waste manifest which includes generations, transport and
disposal information, and any other information as required by federal, state, or local
regulations governing such operations.
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d) Repair and maintenance records shall include a description of the maintenance or
repair, the date of the maintenance or repair, and who performed the maintenance or
repair.All repairs shall be made by a licensed plumber with all the proper City permits.
e) Holding tank disposal permit/records shall minimally contain the date the facility was
serviced,the specific type of waste disposed,the amount of waste removed, the name
of the person or firm who serviced the facility and the method of final disposal.
B) Persons who generate, collect and transport grease waste shall maintain a record of each
individual collection and deposit. Such records shall be in the form of a City of Port
Arthur manifest as stated in Section 110-242(E) of responsibilities of liquid waste
transporter.
LIQUID WASTE TRANSPORTERS: PERMIT REQUIREMENS
Sec. 110-239. -Permit Requirements
A) A person commits an offense if he/she operates or causes to be operated a vehicle for the
purpose of transporting liquid waste without an applicable permit for the City. A permit shall
be issued for transportation of liquid waste and the Control Authority shall designate on the
permit the liquid waste authorized for transportation in the vehicle operated. A separate
vehicle permit number shall be issued for each vehicle operated. Exclude from this
requirement are vehicles which transverse through the City solely for the purpose of
transporting liquid waste through the City and where no liquid waste is received, unloaded,
stored, parked within the City are; and,vehicles owned or operated by the City or vehicles
operated for the City with the permission of the Control Authority.
B) A person who desires to obtain a permit must make application by legibly completing a form
provided by the Control Authority
C) A person who desires to obtain a permit must submit to the Control Authority at the time of
application a photocopy of the manager's driver's license. The Control Authority shall be
notified of manager employment changes during the permit period and shall be provided a
copy of the new manager's driver's license.
D) The Control Authority shall not issue a permit unless the applicant submits for inspection by
the Control Authority the vehicle the applicant proposes to use to transport liquid waste and
the vehicle is found by the Control Authority to be constructed, equipped and maintained in
accordance with the provisions of this chapter.
E) A permit is not transferable.
F) Each applicant must specify the disposal site to be used for the authorized disposal of liquid
waste. The Control Authority shall be immediately notified of additional disposal sites used
during the permit period.
G) A permit issued by the City excludes the hauling of incompatible waste, hazardous waste
material and prohibits the commingling of hazardous and non-hazardous waste.
H) Transporters of hazardous waste in or through the City must have the applicable Texas
Environmental Quality Commission and U.S. Environmental Protection Agency(EPA)
registration numbers and use the appropriate EPA/TCEQ uniform hazardous waste manifest
system. In order to determine compliance with its requirement the Control Authority may
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review and copy records, inspect facilities and vehicles, and sample or require sampling of
the material being transported.
I) Waste material to be recycled for other commercial uses, such as, but not limited to waste
motor oil and waste cooking oil, are not required to be manifested or permitted under this
chapter, but shall be stored collected and transported in a through the City in conditions that
are sanitary, free from odors and which will not adversely affect the environment.
J) Prior to the issuance of a permit,the applicant must provide to the Control Authority,
evidence of a policy of general and automobile liability insurance and thereafter keep the
same in full force and effect with an insurance company authorized to do business in the
state. The policy shall insure the public against any loss or damage that may result to any
person or property from the operation of a defective vehicle or negligence of the owner, or
any person in control of the transporter vehicle. The policy shall provide a minimum amount
of coverage as to each and every transporter vehicle to be not less than one million dollars
($1,000,000.00) for bodily injury or death of any person, for bodily injury or death of any
one accident. Coverage is to include the pollution liability endorsement with limits not less
than one million dollars ($1,000,000.00). Such coverage shall be endorsed to cover the upset,
overturn, and remediation of the load in transport. The policy shall be of the occurrence type
and name the City as an additional insured. No deductible shall apply to the City. The
certificate of insurance required by this subsection shall contain a provision requiring the
Control Authority be provided with thirty (30) days advances notice, in writing, of
cancellation or material change in the policy. In event of cancellation or material change in
the transporter's policy,the permit shall be suspended until such time as the transporter can
again secure appropriate coverage.
Sec. 110-240.—Fee; display of permit
A) The Control Authority shall not issue a permit until the appropriate established fee is
paid. Permit fees are established in Sec. 110-245 Schedule of Rate Fees of this ordinance.
Such fee shall be paid prior to issuance of the initial permit and upon renewal of such
license each year thereafter. A transporter operating in the City without a valid permit
shall be required to pay the full annual fee plus any penalties deemed appropriate by the
Control Authority.
B) Each permit holder shall cause to displayed on each side of the vehicle, in a color
contrasting with background that is legible with the business name, TCEQ registration
number and the permit number. The permit holder shall place its business name, TCEQ
registration number vehicle permit number on each permitted vehicle at the owner's
expense before the vehicle is operated in visible letters. The permit holder shall keep the
permit, or a copy, in the vehicle at all times.
Sec. 110-241.—Vehicle Inspection and Maintenance
A) A liquid waste transporter's vehicle shall be inspected by the Control Authority prior to the
issuance of vehicle permit with qualifications as follows:
1) Tank shall be at 50% capacity upon inspection and have a functional volume
measuring or an indicating device accessible during inspection of vehicle;
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2) Use a vehicle with a single tank capacity or not less than 500 gallons, except when
approved for operating a vehicle for the purpose of cleaning chemical/portable toilets.
The tank shall be an integral portion of the liquid waste transport vehicle; portable
tanks or other containers temporarily installed in vehicles are prohibited;
3) Piping, valves, and connectors shall be permanently attached to the tank and/or
vehicle;
4) Tank shall be liquid tight;
5) Tank shall be constructed so that every interior and exterior portion can be easily
cleaned;
6) Piping, valves and connectors shall be accessible and easy to clean;
7) Inlet or opening of tank shall be constructed so that collected waste will not spill
during filing, transfer, or transport;
8) Outlet connections shall be constructed so that no liquid waste will leak, run or spill
out from the vehicle;
9) Outlets shall be of a design and type suitable for the liquid waste handled and capable
of controlling flow or discharge without spillage or undue spray on or flooding of
immediate surroundings while in use;
10) Pumps, valves, cylinders, diaphragm and other appurtenances shall be of a design
and type suitable for the type of waste handled,capable of operation without spillage,
spray or leakage and capable of being easily disassembled for cleaning; and
11)The Control Authority may require marking or labeling of equipment or the addition
of volume measuring or indicating devices.
B) A liquid waste transporter shall:
1) Maintain hoses,tank, valves, pumps, cylinders, diaphragms,pipes, connections and
other appurtenances on vehicle in good repair and free from leaks;
2) Provide a safety plug or cap for each valve of a tank; and,
3) Cause a vehicle exterior to be clean and odor-free at the beginning of each work day.
C) The Control Authority may impound vehicle which is being operated in violation of the
article, and to authorize the holding of the vehicle until the violation is corrected. The
Control Authority may also revoke the permit for an improperly operated vehicle. If a vehicle
is impounded or a permit is revoked. Appeals may be filled by the transporter pursuant to the
of section 110-243.
Sec. 110-242. — Responsibilities of liquid waste transporters
A) Before accepting a load of liquid waste for transportation, a liquid waste transporter shall
determine the nature of the material to be transported and that his/her equipment is sufficient
to properly handle the job without spillage, leaks or release of toxic or harmful gasses, fumes,
liquids, or other substances. Upon delivery of the waste to the disposer,the transporter shall
inform the disposer of the nature of the waste.
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B) Hazardous waste or hazardous waste in conjunction with non-hazardous waste shall not be
transported in any vehicle permitted by this article.
C) At no time shall a transporter commingle incompatible waste in any transport vehicle.
D) A transporter holding a City permit must use a disposal site approved by the City and
permitted by the state or federal government for disposal of non-hazardous liquid waste.
E) A manifest system, of a five-part trip-ticket is used to document the generation,
transportation and disposal of all applicable liquid waste generated in the City shall be used
as follows:
1) Manifests shall be divided into five (5)parts and records shall be maintained as follows:
a) One (1)part of the manifest shall have the generator and transporter information
completed and given to the generator at the time of waste pickup.
b) The remaining four (4) parts of the manifest shall have all required information
completely filled out and signed by the appropriate party before distribution of
the manifest.
c) One(1)'part of the manifest shall go to the receiving facility.
d) One (1) part shall go to the transporter, who shall retain a copy of all manifests
showing the collection and disposition of waste.
e) One (1) copy of the manifest shall be returned by the transporter to the person
who generated the wastes within fifteen (15) days after the waste is received at
the disposal or processing facility.
f) One (1) part of the manifest shall go to the City of Port Arthur, Utility
Administration Department,444 4th St,Annex Bldg. Suite 201,Port Arthur Texas
77640.
g) Copies of manifests returned to the waste generator shall be retained for five (5)
years and be readily available for review by the city.
h) A transporter will legibly complete one trip ticket for each location serviced, with
the exception of chemical/portable toilet companies servicing their own units.
Chemical/portable toilet companies servicing their own units may be exempt from
trip ticket requirements but shall be required to submit a monthly total of volume
disposed and location of disposal to the Control Authority.
i) All voided trip tickets must be returned within of month of voiding to the Control
Authority and missing tickets shall be explained in writing.
j) A legible copy of all trip tickets shall be maintained for a period of five (5) years
shall made available to the Control Authority for inspection and copy during
normal business hours.
F) A transporter or nay person servicing a grease or grit trap shall remove the entire contents of
the collection device unless the trap volume is greater than the truck capacity on the vacuum
truck in which case the transporter shall arrange for additional transportation capacity so that
the trap is fully evacuated within a 24-hour period Skimming the surface layer of waste
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material, partial cleaning of the trap or use of any method which does not remove the entire
contents of the traps is prohibited.
G) Any treatment process or an on-site process used to clean or service grease or grit trap shall be
demonstrated to the satisfaction of the Control Authority. Included with the demonstration
shall be a written explanation of the treatment process. Any cost to the City associated with
the demonstration, such as, but not limited to sampling and analysis, shall be reimbursed with
applicable administrative fees to the City.
H) A transporter shall:
1) Maintain sanitary conditions in area where picking up liquid waste and assure that are
is free of litter and odor free;
2) Report spills of liquid waste to the Control Authority immediately; and,
3) Clean up all spills and abate unsanitary conditions immediately,and have all materials
used to mitigate the spill disposed of by approved means.
I) For compliance and tracking purposes,a transporter shall,upon request provide to the Control
.Authority:
1) Past or current routes or schedules of a vehicle's full daily operation; and,
2) Notice, prior to operation in the City, of the time and location of the vehicle's
operation.
Sec. 110-243.—Denial, Suspension and revocation of permit
A) The Control Authority may deny a permit if it is determined than an applicant for the liquid
waste hauler's permit is not a qualified under any section of this chapter and may suspend or
revoke a permit if it is determined that a Permittee:
1) Is not qualified under any section of this article;
2) Has violated or failed to comply with a provision of this article; or
3) Has failed to maintain a vehicle in safe working order as evidenced by conviction or
statutory violations.
B) The Control Authority may revoke for a period of one year or less all permits held a liquid
waste transporter, if the transporter of an employee of the transporter violates any of the
provisions of this article, any rule or regulation promulgated by the Control Authority, or
applicable provisions of the City codes or state law.
C) A Permittee who permit is suspended or revoked shall not collect,transport, or dispose of any
waste material within jurisdiction of the Control Authority.
D) After suspension under this section, a Permittee may file a request to the Director of Water
Utilities for reinstatement of the permit. When the Control Authority determines that the
Permittee is again qualified, all violations have been corrected,precautions have been taken to
prevent future violations, and all required fees have been paid,the permit may be reinstated.
E) After denial of a permit application, suspension or revocation of a permit, the applicant or
permit holder shall not be entitled to any refund of fees.
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LIQUID WASTE DISPOSERS
Sec. 110-244.—Responsibilities
A) A liquid waste disposer commits an offense if a person allows accumulation of a liquid waste
on his/her premises so that rainfall could carry the material to storm sewer or adjacent proper
or if the accumulation created a noxious odor, unsanitary condition or health hazard.
B) A liquid waste disposer shall:
1) Obtain and maintain compliance with all licenses and/or permits required by local, state,
or federal law;
2) Accept liquid waste only from a permitted transporter;
3) Legibly complete the disposer's section of the trip ticket, retain a copy and maintain a
copy of the disposer's records for a period of five (5) years.
4) Accept only those classes of waste authorized by license or permit; and,
5) Make available all records-required to be kept for inspection and copying by the Control
Authority during normal business hours.
C) Failure of the disposer to comply with the provisions of this article may result in the disposal
site being dropped form the list of approved disposal sites for the City permitted transporters.
Sec. 110-245.—Schedule of Rate Fees
Fees may be established for items such as permitting, monitoring, conventional pollutant
surcharges, and various other related fees. Fees related solely to the matters covered by this
ordinance and are separated from all other rates or charges for sewer service, provided that the
City shall collect said charges in the same manner as other sewer utility rates are collected,
including but not limited to:
a) Permit Fees:
Should the Director of Water Utilities determine that adequate F.O.G. control activities require
issuance of control mechanism to food establishment and Non-food establishments, the fees shall
be as following in Table 1;
Table 1: FEES SCHEDULE OF CHARGES
Permit type Fee
Grease Trap/Grit Trap Inspection Permit $ 150 annual
Waste Hauler Permit $ 200 annual
Each additional truck Additional $25.00 annual
Disposal Permit $1000 annual
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Disposal of liquid waste at the City of Port $0.03/per gallon
Arthur POTW
Inspection and Sampling Fee $50/per event
Permit modifications $50/per request*
*Permit Modifications fee will only be charged in a case where changes in the user's operation
require the modification, or when the user request a modification.
b) Monitoring Fees:
Any user establishing a pattern of noncompliance, or having a history of noncompliance, or
suspected of being in noncompliance, may require additional monitoring visits as deemed
appropriate by the Director of Water Utilities. Any additional inspections, sampling, surveillance
monitoring activities, and analysis performed which detect noncompliance will be billed directly
to the user through the Utility Operation Contract Lab.
Sec. 110-246. -Schedule of Penalties and Fines
Fines and penalties may be established for any person found violating any of the provisions of
this articles. Fines and penalties related solely to the matters covered by this ordinance and are
separated from all other fines,penalties or charges for sewer service, provided that the City shall
collect said fines and penalties in the same manner as other sewer utility rates are collected.
A) If the city determines that a generator is responsible for a blockage of a collection system line
the generator shall owe a civil penalty of five hundred dollars($500.00)for the first violation,
one thousand dollars($1,000.00)for a second violation,and one thousand five hundred dollars
($1,500). Continuous violations shall result in an increase in penalty by five hundred dollars
($500.00) after the two-year period, and may also result in termination of services. The
determination shall be made by inspecting the grease or grit traps in the area, noting their
condition,and taking wastewater discharge samples for the sample port.Those facilities which
have discharges with an oil and grease above 300 mg/1, or have not had their grease or grit
trap pumped out quarterly (or the documentation to prove the pumping of the grease or grit
trap was not necessary), shall be considered responsible for the blockage
B) Any person violating any of the provisions of this article shall be subject to a written warning
for the first violation. Fines and civil penalties associated with this articles shall be as
following in Table 2;
Table 2: SCHEDULE OF FINES AND PENALTIES
Non-compliance violation Fine
1st non-compliance violation $ 0 — written warning plus applicable
inspection and sampling fees.
2nd non-compliance violation $500 civil penalty
3rd non-compliance violation $1000 civil penalty
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•
4th non-compliance violation within a two- $1500 civil penalty
year period
Consistent non-compliance violations after $500 increment increase per event*
two year period
*Consistent violations will result in a five hundred dollars ($500.00) increment increase in civil
penalty and fines and may result in termination of service.
Sec. 110-247. -Enforcement
A) The City of Port Arthur may suspend water service when such suspension is necessary,in the
opinion of the City, in order to stop an actual or threatened discharge which:
1) Presents or may present an imminent or substantial endangerment to the health or welfare
of persons or the environment; and/or
2) Causes stoppages or excessive maintenance to be performed to prevent stoppages in the
sanitary sewer system.
4 B) Any person notified of a suspension of water service shall immediately stop or eliminate the
discharge. In the event of a failure of the person to comply voluntarily with the suspension
order,the city shall take such steps as deemed necessary, including immediate termination of
water utility services, to prevent or minimize damage to the sanitary sewer collection and/or
treatment system or endangerment of any individuals.
C) The City of Port Arthur shall reinstate utility services when such conditions causing the
suspension have been corrected or eliminated. A detailed written statement submitted by the
user describing the cause(s) of the violation and the measure(s) taken to prevent any future
occurrence shall be submitted to the City of Port Arthur,Utility Operations within fifteen(15)
days of the date of the occurrence.
D) The City shall be reimbursed for any expenses, loss or damage by the responsible persons for
any incident involving liquid wastes, hazardous waste or other water material that require the
City to become involved for the purposes of spill mitigation, protection of the public health
and safety or protection of the environment.
F)Any false or misleading statement,representation or certification made verbally or in writing to
the Control Authority shall be a violation, and may result in the denial, suspension or
revocation of a permit, and/or civil penalties.
Secs. 110-248.—110-251. -Reserved.
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