City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 12-0037
Ordinance to Amend and Reenact
Chapter 30, Article V Fats, Oils and Grease (FOG) of the City Code by Adding
Provisions for Civil Penalties to Comply With State Law and Other Housekeeping
Edits to Implement and Enforce the Citys Plan to Reduce Sanitary Sewer
Chapter 30 SEWERS AND SEWAGE DISPOSAL -- ARTICLE V.
FATS, OILS AND GREASE (FOG)
Sec. 30-76. - Purpose and
(a) Purpose. The
purpose of this article is to aid in preventing the introduction and
accumulation of fats, oils, and grease, into the city's public sewer system
that may contribute to sanitary sewer blockages and obstructions.
The provisions of this article shall apply to all food service establishments
defined herein, within the city that are required under the Virginia Uniform
Statewide Building Code, city code or applicable regulations of the Hampton
Roads Sanitation District (HRSD) to have grease control devices and to all
grease haulers providing service to any such food service establishment.
Sec. 30-77. - Definitions.
The following words and terms used
in this article shall have the following meanings, unless the context clearly
Building code administrator means the city's building code administrator or his
or her authorized designee. The building code administrator is referred to in
the Virginia Uniform Statewide Building Code as the building official.
Director means the city's director of public works or his or
her authorized designee.
Fats, oils, and grease (FOG) means material, either liquid or solid, composed of
fats, oils or grease from animal or vegetable sources. Examples of FOG include,
but are not limited to, kitchen cooking grease, vegetable oil, bacon grease and
organic polar compounds derived from animal or plant sources that contain multiple
carbon triglyceride molecules. These substances are detectable and measurable
using analytical test procedures established in Title 40, Part 135 of the Code
of Federal Regulations (40 CFR 136), as may be amended from time to time.
Food service establishment means any commercial, institutional, or food
processing facility that discharges kitchen or food preparation wastewaters and
that is required to have a grease control device under the Virginia Uniform
Building Code or applicable regulations of HRSD.
Grease control device means a device used to collect, contain, and remove
food waste and grease from the wastewater while allowing the remaining
wastewater to be discharged to the city's wastewater collection system by
gravity. Devices include grease interceptors, grease traps, automatic grease
removal devices or other devices approved by the director.
Grease hauler means a contractor who collects the contents of a
grease interceptor or trap and transports it to a recycling or disposal
facility. A grease hauler may also provide other services related to grease
interceptor maintenance for a food service establishment.
Grease interceptor means a structure or device, usually located
underground and outside of a food service establishment, designed to collect,
contain and remove food waste and grease from the wastewater while allowing the
remaining wastewater to be discharged to the city's wastewater collection
system by gravity.
Grease removal device means an active, automatic device that separates and removes
FOG from effluent discharge and that cleans itself of accumulated FOG at least
once every twenty-four (24) hours utilizing electromechanical apparatus.
Grease trap means a device typically located indoors and under
the sink, designed for separating and retaining grease prior to the wastewater
exiting the trap and entering the wastewater collection system. Such devices
are typically passive (gravity fed) and compact with removable baffles.
Public sewer system includes the pipelines or conduits, pumping stations,
force mains, and all other construction, devices, and appliances appurtenant
thereto, located within the City of Hampton and used for the conveyance of
residential, commercial or industrial sewage or wastewater or other wastes to
Renderable FOG container means a closed, leak-proof container for the
collection and storage of yellow grease.
Virginia Uniform Statewide
Building Code includes the model
codes incorporated by reference therein, including, specifically, the
International Plumbing Code.
Yellow grease means FOG used in food preparation that have not been
in contact or contaminated with other sources such as water, wastewater or
solid waste. An example of yellow grease is fryer oil, which can be recycled
into products such as animal feed, cosmetics and alternative fuel. Yellow
grease is also referred to as renderable FOG.
Sec. 30-78. - Grease control
(a) Requirements. All
food service establishments shall have a grease control device or devices which
have been approved by the director, and which meet all applicable requirements
of the Virginia Uniform Statewide Building Code, as determined by the building
code administrator. Notwithstanding the foregoing, any grease control device
sized in accordance with the "Hampton Roads Regional Technical Standards,
Sizing of Grease Control Devices" shall be deemed to meet the requirements
of the section.
(1) New establishments.
Except as provided in subsection (a)(2), new food service establishments,
including those operated by a new owner or for a different use, shall be
required to install, operate, and maintain a grease control device in
compliance with the requirements of the Virginia Uniform Statewide Building
Code. Grease control devices shall be installed and registered in accordance
with section 30-78 prior to the issuance of a certificate of occupancy.
establishments. Food services establishments in operation as of the
effective date of this article may continue to operate and maintain their
existing grease control devices, provided such grease control devices are in
proper operating condition and are not found to be contributing FOG in
quantities sufficient to cause line stoppages or to necessitate increased
maintenance of the sanitary sewer system. An existing food service
establishment shall install a new grease control device that complies with the
requirements of the Virginia Uniform Statewide Building Code if its grease
control device is determined by the director not to be in proper operating
condition or if the food service establishment is found to be contributing FOG
in quantities sufficient to cause line stoppages or to necessitate increased
maintenance of the sanitary sewer system.
(3) Renovations or
expansions. Food service establishments that are renovated or expanded
shall, if required by the Virginia Uniform Statewide Building Code, install new
grease control devices meeting the requirements of such Code.
Existing food service establishments lacking approved grease control devices by
reason of having been grandfathered from such requirement under the Virginia
Uniform Statewide Building Code shall, if required by HRSD, install grease
control devices in accordance with HRSDs regulations. Such grease control
devices shall be registered within thirty (30) days of their installation.
Grease control devices shall be installed by a plumber licensed in the Commonwealth of Virginia. Every grease control device shall be installed and connected so
that it may be readily accessible for inspection, cleaning, and removal of the
intercepted food waste and grease at any time.
Grease control devices shall be maintained as follows:
(1) Grease control devices
shall be properly maintained at all times. Maintenance shall include the
complete removal of all contents, including floating material, wastewater and
settled solids. Decanting or discharging of removed waste back into the grease
interceptor or private sewer line or into any portion of the city's or HRSDs
wastewater collection system is prohibited.
(2) Grease interceptors
shall be pumped out completely when the total accumulation of surface FOG, including
floating solids and settled solids, reaches twenty-five (25) percent of the
overall liquid volume. At no time shall a grease control device be cleaned less
frequently than once every three (3) months unless allowed by the director for
good cause shown. Such approval will be granted on a case-by-case basis upon
submittal of a request by the food service establishment documenting reasons
for the proposed frequency variance. The director shall not approve any request
unless the applicant demonstrates that the frequency variance will not result
in the introduction of any greater quantities of FOG into the public sewer
system than would otherwise be introduced.
(3) Grease traps and grease
removal devices shall be opened, inspected and completely cleaned of food
solids and fats, oils and grease a minimum of once per week, unless allowed by
the director for good cause shown. Such approval will be granted on a
case-by-case basis upon submittal of a request by the food service
establishment documenting reasons for the proposed frequency variance. The
director shall not approve any request unless the applicant demonstrates that
the frequency variance will not result in the introduction of any greater
quantities of FOG into the public sewer system than would otherwise be
introduced, and in no event shall the content of food solids and FOG exceed
twenty-five (25) percent of the overall liquid depth of the device.
(4) The director may
establish a more frequent cleaning schedule if the food service establishment
is found to be contributing FOG in quantities sufficient to cause line
stoppages or to necessitate increased maintenance of the wastewater collection
(5) Unless authorized by the
director, the use of additives including, but not limited to, products that
contain solvents, emulsifiers, surfactants, caustics, acids, enzymes or
bacteria are prohibited for use as grease management control; provided,
however, that additives may be used to clean the food service establishment
drain lines so long as the usage of such additives will not cause FOG to be
discharged from the grease control device to the sanitary sewer system. The use
of additives shall not be substituted for the maintenance procedures required
by this section. The director shall not approve the use of any additives unless
he is satisfied that such use will have no adverse effects upon the public
(d) Waste disposal.
Waste material from grease control devices shall be disposed of as follows:
(1) Waste removed from a
grease trap shall be disposed of in the solid waste disposal system or by a
grease hauler certified by the Hampton Roads Planning District Commission.
(2) Waste removed from a
grease interceptor shall be disposed of at a facility permitted to receive such
wastes. No materials removed from interceptors shall be returned to any grease
interceptor, private sewer line or into any portion of the city's or HRSDs
wastewater collection system.
(3) Yellow grease shall be
disposed of in a renderable FOG container in which contents will not be
discharged to the environment. Yellow grease shall not be poured or discharged
into the city's or HRDSs wastewater collection system.
modification and repair. The director shall have the authority to make such
inspections as are authorized by law during reasonable hours for the purpose of
inspecting, observing, taking measurement, sampling, testing or reviewing the
records of the wastewater collection system and grease control devices
installed in a food service establishment to ensure that such food service
establishment is in compliance with this article. Operational changes,
maintenance and repairs required by the director shall be implemented as noted
in the written notice issued to the food service establishment by the director.
The owner or occupant of such food service establishment, or his or her
designee, shall be entitled to accompany the director during such inspection.
The director may require existing food service establishments to modify or
repair any noncompliant grease control device and appurtenances within thirty
(30) calendar days of written notification by the director. The director may
grant extensions for good cause shown.
Food service establishments shall maintain records meeting the following
(1) Food service
establishments shall retain and make available for inspection and copying
records of all cleaning and maintenance for the previous three (3) years for
all grease control devices. Cleaning and maintenance records shall include, at
a minimum, the dates of cleaning/maintenance, the names and business addresses
of the company or person performing each cleaning/maintenance and the volume of
waste, including the percentage of grease and settled solids, removed in each
cleaning. Such records shall be kept on site and shall be made available to the
director upon request.
(2) Food service
establishments shall retain and make available for inspection and copying
records of yellow grease disposal for the previous three (3) years. Yellow
grease disposal logs shall include, at a minimum, the dates of disposal, name
and business address of the company or person performing the disposal and the
volume of yellow grease removed in each cleaning. Such records shall be kept on
site and shall be made available to the director upon request.
(3) Food service
establishments shall retain and make available for inspection and copying
records of weekly inspections and cleaning pursuant to (c)(3) of this section
for the previous three (3) years.
Sec. 30-79. - Registration
All food service establishments
shall be required to register their grease control devices. Registrations shall
be on forms provided by the director to ensure that such devices are properly
sized and maintained and to facilitate inspection in accordance with the
requirements established by the director.
(a) Food service establishments existing on October
10, 2012 shall register all grease control devices on or before January 9,
2013. New establishments shall register such devices when requesting their
water and sewer service, applying for a business license, or prior to obtaining
a certificate of occupancy, whichever is later.
(b) All grease haulers servicing grease control
devices for food service establishments within the city on October 10, 2012
shall be required to obtain a certification to service grease control devices
from the city or the Hampton Roads Planning District Commission no later than
January 9, 2013 and shall comply with all applicable provisions of this
(c) All grease haulers, including any person
collecting, pumping, or hauling waste from grease control devices within the
city, shall obtain the required permits, certifications or approvals from the
facility in which waste will be disposed. Grease haulers discharging to a HRSD
treatment plant shall be approved through a HRSD Indirect Wastewater Discharge
(d) At least one (1) current employee of a food
service establishment existing on October 10, 2012 shall have successfully completed
a training program concerning the operation and maintenance of grease control
devices, provided by the city, no later than January 9, 2013.
Sec. 30-80. - Discharge
No person shall discharge or cause
to be discharged from any food service establishment any wastewater with FOG or
other substances harmful or hazardous to the public sewer system, the regional
sanitary sewer system, or sewage treatment plant or processes, as determined by
Section 301(d) of HRSDs Industrial Wastewater Discharge Regulations or any
Sec. 30-81. - Grease haulers.
(a) Any person collecting,
pumping or hauling waste from grease interceptors within the city shall be
certified under the Regional Grease Hauler Program of the Hampton Roads
Planning District Commission and shall be approved through a HRSD Indirect
Wastewater Discharge Permit.
(b) Grease haulers shall
notify the director within twenty-four (24) hours of any incident required to
be reported to the Virginia Department of Environmental Quality.
(c) Grease haulers shall
retain and make available for inspection and copying by the director, for a
period of at least three (3) years, all records related to grease interceptor
pumping and waste disposal from businesses located in the city's wastewater
service area. The director may require additional record keeping and reporting,
as necessary, to ensure compliance with the terms of this article.
Sec. 30-82. Civil
penalties; scheduled violations.
(a) Enforcement will be implemented in accordance with
the citys FOG Enforcement Response Plan, a copy of which will be provided to
all registered food service establishments.
(b) Except for the violations specified in the
Schedule of Civil Penalties set forth in subsection (c), and without otherwise
limiting the remedies which may be obtained under this article, the director
may issue an order assessing a civil penalty or other monetary assessment in
accordance with the following provisions:
(1) No order assessing a civil
penalty for a violation shall be issued until after the alleged violator has
been provided an opportunity for a hearing before the director, except with the
consent of the alleged violator. The notice of hearing shall be served
personally or by registered or certified mail, return receipt requested, on the
alleged violator or his authorized representative at least thirty (30) days
prior to the hearing. The notice shall specify the time and place for the
hearing, facts and legal requirements related to the alleged violation and the
amount of any proposed civil penalty. At the hearing, the alleged violator may
present evidence, including witnesses, regarding the occurrence of the alleged
violation and the amount of the penalty, and may examine any witnesses for the
city. A verbatim record of the hearing shall be made. Within thirty (30) days
after the conclusion of the hearing, the director shall make findings of fact
and conclusions of law and issue the order.
(2) No order issued by the
locality shall assess civil penalties in excess of thirty-two thousand five
hundred dollars ($32,500.00) per violation, not to exceed one hundred thousand
dollars ($100,000.00) per order, or such other amount as may be allowed under Code
of Virginia 62.1-44.15 or any successor statute, except with the consent of
(3) The actual amount of any
civil penalty assessed shall be based upon the severity of the violation, the
extent of any potential or actual environmental harm or facility damage, the
compliance history of the violator, any economic benefit realized from the
noncompliance, and the ability of the violator to pay the penalty. In addition
to civil penalties, the order may include a monetary assessment for actual damages
to sewers, treatment works and appurtenances and for costs, attorney fees and
other expenses resulting from the violation.
(4) Any civil penalty or
other monetary assessment included in any such order shall be payable as set
forth in the order. Any unpaid balance at the time payment of the civil penalty
or other monetary assessment is due may be collected in an action at law
against the violator or included in the violator's bill for sewer services and
collected in accordance with sections 30-50 and 30-51.
(5) Any order issued by the
director, regardless of whether such order assesses a civil penalty, shall
inform the alleged violator of his right to judicial review of any final order
by appeal to the circuit court on the record of proceedings before the
director. To commence an appeal, the alleged violator shall file a petition in
circuit court within thirty (30) days of the date of the final order, and
failure to do so shall constitute a waiver of the right to appeal. With respect
to matters of law, the burden shall be on the party seeking review to designate
and demonstrate an error of law subject to review by the court. With respect to
issues of fact, the duty of the court shall be limited to ascertaining whether
there was substantial evidence in the record to reasonably support such
Any violation listed in the following schedule shall subject
the violator to a civil penalty of not more than one hundred dollars ($100.00)
for the initial summons, not more than one hundred fifty dollars ($150.00) for
each additional summons, and not more than a total amount of three thousand
dollars ($3,000.00) for a series of specified violations arising from the same
operative set of facts, as follows:
(1) The city may issue a
civil summons ticket for a scheduled violation. Any person summoned or issued a
ticket for a scheduled violation may make an appearance in person or in writing
by mail to the city treasurer prior to the date fixed for trial in court. Any
person so appearing may enter a waiver of trial, admit liability and pay the
civil penalty established for the violation.
(2) If a person charged with
a scheduled violation does not elect to enter a waiver of trial and admit
liability, the violation shall be tried in the general district court in the
same manner and with the same right of appeal as provided for by law. In any
such trial, the city shall have the burden of proving by a preponderance of the
evidence the liability of the alleged violator.
(3) An admission of liability
or finding of liability under this section shall not be deemed an admission at
a criminal proceeding, and no civil action authorized by this section shall
proceed while a criminal action is pending.
(4) Any civil penalties
imposed pursuant to this subsection shall be applied to the purpose of abating,
preventing or mitigating environmental pollution.
Schedule of civil penalties
Civil penalties will be assessed
pursuant to the following tier system:
Tier 1 Violations Violations not
critical to function of grease control device
Failure to maintain cleaning,
maintenance, and disposal logs ( 30-78(f)(1) and (2))
Failure to maintain certified
employee with completed grease control device training ( 30-79(d))
Failure to register grease
control device ( 30-79)
Tier 2 Violations Violations
critical to proper FOG abatement plan
Grease control device opening
obstructed ( 30-78(c))
Failure to engage a registered
grease hauler ( 30-81)
Failure to repair equipment (
Failure to clean grease control
device as required ( 30-78(c))
Tier 3 Violations Violations posing immediate threat to
sewer system or environment
Failure to ensure grease control
device is not more than 25% full of grease and solids ( 30-78(c)(2))
Failure to contain, clean up,
abate, remove, or dispose of unlawfully discharged substances ( 30-80)
Failure to permit inspection of
grease control device (30-78(e))
Sec. 30-82.1 Other
violations and penalties.
(a) Any intentional or willful act or
omission to act in violation of any of the provisions of this article shall be
punishable by a fine in an amount not to exceed one thousand dollars
($1,000.00) per violation. Each day that a continuing violation exists shall
constitute a separate offense, and any fines imposed under this article shall
be applied to the purpose of abating, preventing or mitigating environmental
(b) Any person who, intentionally or
otherwise, commits any of the acts prohibited by this article or who fails to
perform any of the acts required by this article shall be liable to the city in
an action at law for all costs of containment, cleanup, abatement, removal and
disposal of any substance unlawfully discharged into the wastewater collection
system, as well as the costs of any damages or regulatory fines imposed upon
the city, that are proximately caused by such violations. Such costs shall be
collectible by the city in accordance with the provisions of Section 15.2-2119
of the Code of Virginia.
(c) In addition
to any other remedy for the violation of this Article, the City may bring legal
action to enjoin the continuing violation of this Article, and the existence of
any other remedy, at law or in equity, shall be no defense to any such action.
(d) The remedies
set forth in this section are cumulative, not exclusive, and it shall not be a
defense to any action, civil or criminal, that one or more of the remedies set
forth herein has been sought or granted.
Sec. 30-83. - Severability.
The provisions of
this article shall be severable, it being the intention of the city council
that in the event one (1) or more of the provisions of this article are
adjudged to be invalid or unenforceable, the validity and enforceability of the
remaining provisions shall be unaffected by such adjudication.
the regular meeting of the City Council of the City of Hampton, Virginia held
on October 10, 2012.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council