§ 17-44. Discharge of fats, oils, and grease.

(a)

Intent.

(1)

In an effort to curb sanitary sewer overflows (SSOs) from grease accumulation in its public sanitary sewer system, the SWPCA adopted, at its public meeting on July 8, 2010, a fats, oils, and grease (FOG) program. Any food preparation establishment connected to the public sanitary sewer system involved in preparing or serving food will be subject to the conditions of this section and must come into compliance by July 1, 2011. The review of this section shall be completed by the Shelton Board of Alderman and the Shelton WPCA a minimum of once every ten (10) years from the date of adoption.

(2)

The purpose of this section (also referred to herein as the "FOG Ordinance") is to protect the environment by preventing raw sewage overflows and backups into basements caused by grease hardening in sewer lines causing blockages. The objectives of this section are:

a.

To prevent the introduction of excessive amounts of grease into the City of Shelton's public sanitary sewer system.

b.

To prevent clogging or blockage of the City of Shelton's public sanitary sewer system due to grease buildup causing sewage to backup and flood streets, residences, and commercial buildings, resulting in potential liability to the city.

c.

To implement a procedure to recover the cost incurred from cleaning and maintaining sewer lines due to improper grease removal.

d.

To implement a procedure to recover costs for any liability incurred by the city for damage caused by grease blockages resulting in the sewage flooding streets, residences, or commercial buildings.

e.

To issue discharge permits to food preparation establishments (FPEs). All requirements contained herein shall be met prior to issuance of a discharge permit.

f.

To establish administrative procedures and reporting requirements.

g.

To establish permit fees for the recovery of costs resulting from this FOG Ordinance.

h.

To establish enforcement procedures for violations of any part or requirement of this section.

(3)

Applicability. The provisions of this section shall apply to all existing FPEs and future FPEs located within the City of Shelton as defined in this section.

(b)

Definitions. The following definitions shall apply to this section:

Automatic grease recovery unit (AGRU) shall mean an indoor grease trap (a trap may also be referred to as an interceptor) that separates grease from wastewater by active mechanical or electrical means. Such traps are typically compact under-the-sink units. See definition of Grease trap .

Best management practice (BMP) shall mean the practices and procedures of a facility designed to prevent or minimize environmental damage. BMPs include, but are not limited to, treatment requirements, operating procedures, practices to control spillage or leaks, grease disposal, or provide drainage from material storage.

Discharge permit shall mean a permit issued by the SWPCA authorizing the discharge of wastewater to the public sanitary sewer system from an FPE.

Fats, oils, and grease (FOG) shall mean any fats, oils, and grease generated from the food preparation or serving. All are sometimes referred to as "grease".

Food preparation establishments (FPE) shall mean establishments that engage in cooking methods that have the potential to produce fats, oils, and grease including: facilities that are regulated by the local health district and are classified as a Class III or Class IV food service establishment (FSE), as defined by the state health code; or are regulated by the Connecticut Department of Consumer Protection. These facilities include, but are not limited to, restaurants, hotel kitchens, hospitals, school kitchens, bars, factory cafeterias, clubs, prisons, butchers, and commercial bakeries. Residences and industrial food processing facilities shall not be regulated by this section.

Grease trap shall mean both AGRUs and outdoor grease traps. It shall not include indoor passive grease traps.

Grease disposal facility (GDF) shall mean a regional collection/transfer/disposal site approved in accordance with state regulations for the disposal of FOG. This means a Department of Environmental Protection (DEP) approved publicly/privately owned treatment works that is for the thickening and disposal of FOG by incineration or other methods. Pursuant to Section 22a-174-33 of the Regulations of Connecticut State Agencies related to Title V source, an in-state regional incinerator must have an operating permit that lists FOG as a source of fuel.

Hauler shall mean any person that collects the contents of a grease trap and transports it to a grease disposal facility. A hauler may also provide other services to food preparation establishments related to trap maintenance.

Indoor trap shall mean an AGRU. See definition of Grease trap.

Minimum design capability shall mean the design features of a grease trap and its ability or capacity as described in this section to effectively intercept and retain grease from grease-laden wastewaters discharged into the public sanitary sewer system.

Nonrenderable shall mean fats, oils, and grease generated from the food preparation or serving that have come in contact with water and other materials that prevent this FOG from being rendered.

Office of the sewer authority (OSA) shall mean the SWPCA or persons authorized by the SWPCA to conduct activities related to this section including, but not limited to: approve discharge permits, approve variances, conduct facility inspections, and collect fees and fines.

Outdoor grease trap shall mean a structure or device designed to capture FOG and prevent FOG from entering the public sanitary sewer system. These devices are typically belowground units built as two (2) or three (3) chamber-baffled tanks. Traps shall have at least one (1) inspection hatch at grade per chamber to facilitate inspection, cleaning, and maintenance by a hauler. See definition of Grease trap.

Permittee shall mean the individual representing the FPE who is authorized by the issuance of a discharge permit to initiate, create, originate, or maintain a wastewater discharge from the FPE. The permittee shall be the same individual who holds the food service license for the facility.

Person shall mean any individual, firm, association, society, corporation, or group.

Public sanitary sewer system shall mean a sewer in which all owners of abutting properties have equal rights and which is controlled by a public authority. Includes the main pipe, manholes, and other structures and equipment appurtenant thereto controlled and maintained by the SWPCA for the conveyance of sanitary sewage.

Renderable grease shall mean the fats, oils, and grease from food preparation or serving that has not come in contact with water that would prevent its use as source material for products such as animal feed, cosmetics, lubricants, and other products.

Shelton Water Pollution Control Authority (SWPCA) shall mean the SWPCA of the City of Shelton with all the powers, purposes and objectives as set forth in Connecticut General Statutes Chapter 103, Revision of 1958, and amendments thereto.

User shall mean any person, including those located outside the jurisdictional limits of the City of Shelton, who causes or permits the contribution or discharge of wastewater into sanitary sewers within the city's boundaries, including entities that contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.

(c)

Food preparation establishment permitting program. All FPEs discharging wastewater to the public sanitary sewer system are subject to the following requirements.

(1)

Permitting: All FPE's permittees shall be required to apply for and obtain a discharge permit from the SWPCA. The SWPCA shall approve or deny all applications for discharge permits in accordance with the policies and regulations established in this section. The discharge permit shall be in addition to any other permits, registrations, or occupational licenses, which may be required by federal, state or local law. It shall be a violation of this section for any FPE identified by the SWPCA to discharge wastewater containing fats, oils, and grease to the public sanitary sewer system without a current discharge permit.

(2)

[Complying with modifications:] Following the initial enactment of this FOG Ordinance, any modification to this FOG Ordinance shall become effective immediately and be complied with by January 1 of the year following enactment of such modification, but in no case shall a modification of the FOG Ordinance require compliance in less than sixty (60) days from adoption of such modification.

(3)

Application form: The SWPCA shall provide an application form for a discharge permit to all FPEs. All existing FPEs shall submit a completed application form within thirty (30) days of (1) receipt of the form, or (2) prior to the expiration of their valid discharge permit. New FPEs shall obtain a discharge permit prior to issuance of a food service license. Each application form submitted shall include the following information.

a.

Contact information.

b.

A drawing in sufficient detail to show the location of all kitchen equipment, that produces or discharges wastewater including sinks, dishwashers, floor drains, grease traps, sanitary sewer connections and appurtenances in the user's premises.

c.

Hours of facility operation.

d.

For existing FPEs, documentation of all grease trap maintenance within the past year.

e.

A signed statement by the permittee or by the duly authorized representative of the permittee as follows:

I have personally examined and am familiar with the information submitted in this document and all attachments thereto, and I certify that, based on reasonable investigation, including my inquiry of those individuals responsible for obtaining the information, the submitted information is true, accurate, and complete to the best of my knowledge and belief. I understand that a false statement made in the submitted information may be punishable as a criminal offense, in accordance with Connecticut General Statutes Section 22a-6, pursuant to Connecticut General Statutes Section 53a-157b, and in accordance with any other applicable statute.

(4)

Application procedure: Filing of a completed application form with fee will initiate the review process that consists of confirming the information supplied on the application and inspection of the facility to ensure compliance with this section. Prepermit inspections shall occur not more than forty-five (45) days from the date of original application or the date of the last inspection that the facility was found to be in noncompliance. A written report shall be supplied to the FPE detailing the compliance status and any required action. If more than two (2) inspections are required to bring a facility into compliance, an additional fee as provided for in subsection (f) and as on file in the office of the sewer administrator shall be charged for each additional inspection. A FOG discharge permit shall be issued to the permittee within fourteen (14) days of verification of compliance with this section.

(5)

Discharge permit: Each discharge permit shall be effective for a two-year period and shall state the period for which it is valid.

(6)

[Permit display:] The discharge permit must be displayed in a prominent location where staff can see it.

(7)

[Permit transfer:] A discharge permit shall not be transferred or sold to a new owner of the FPE. A new owner of an FPE is required to apply to the OSA for a new FOG permit.

(8)

[Permit renewal:] An application for renewal of a discharge permit and the fees as provided for in subsection (c) shall be submitted at least thirty (30) days prior to expiration of an existing discharge permit. Failure to maintain a valid discharge permit shall be a violation of this section.

(9)

[Terms and conditions of permit:] The terms and conditions of the permit are subject to modification by the SWPCA during the term of the permit. If due to changes in this section, modifications to a facility are required in order to remain in compliance, the permittee shall be informed at least sixty (60) days prior to the compliance date of the new requirement or sixty (60) days prior to the expiration date of the existing permit.

(10)

Entry: Each FPE shall allow the OSA, bearing proper identification, access at all reasonable times to all parts of the premises for the purpose of inspection, observation, records examination, measurements, sampling, or testing in accordance with the provisions of this section. The refusal of any FPE to allow the OSA official entry for purposes of inspection or performing such other duties as shall be required shall constitute a violation of this section. The SWPCA may pursue legal action as provided for in subsection (g) as may be advisable and reasonably necessary for the OSA to carry out his duties.

(11)

Inspection: All FPEs shall be inspected as follows:

a.

Prepermit inspections: Shall be conducted by the OSA to establish the current compliance status of an FPE and to determine any modifications that may be required to bring the FPE into compliance with this section.

b.

Routine inspections: The OSA shall inspect the FPE on an unscheduled basis after a discharge permit has been issued to confirm compliance with the requirements of this section. All FPEs with a current discharge permit shall be inspected. Inspections shall include all equipment, food processing, cleanup and storage areas, and shall include any area that produces wastewater discharge to the grease trap. The OSA shall also inspect the grease trap maintenance logbook and file, other pertinent data to the grease trap and may check the level of the trap contents and/or take samples/measurements as necessary. The OSA shall record all observations in a written report. Any deficiencies as provided in subsection (g) of this section shall be noted.

c.

Reinspections: The OSA will reinspect the FPE, which received a deficiency notice, a minimum of thirty (30) days after original inspection and will provide written notice of compliance or noncompliance as the case may be. In the event of continuing noncompliance, successive reinspections shall be scheduled and appropriate fees as on file in the office of the sewer administrator shall be charged to the noncomplying FPE.

(12)

Violation reporting: A permittee shall immediately notify the OSA by telephone upon learning or having reason to believe that a discharge may cause a sewer blockage or adversely affect the public sanitary sewers and initiate corrective action to prevent further violations.

(13)

[Report of violation:] The permittee shall report, in writing, such violation and corrective actions taken to the OSA within five (5) days of the permittee learning of such violation. Failure to report may result in a fine pursuant to subsection (f) as on file in the office of the sewer administrator.

(d)

Wastewater discharge limitations.

(1)

No user shall allow wastewater discharge concentration from a grease trap, or alternative pretreatment technology to exceed one hundred (100) milligrams per liter. All analyses shall be conducted according to the current method as listed in Title 40 CFR 136 or as approved in writing by the SWPCA. All costs associated with testing are the responsibility of the FPE.

(2)

Where outdoor grease traps are used, separate wastewater lines shall be provided to convey the sanitary and kitchen wastewater outside the facility. Only wastewater from the kitchen and cleanup areas shall be directed to the grease trap. In no case shall sanitary wastewater be allowed to enter a grease trap.

(3)

Wastewater having a temperature in excess one hundred forty (140) degrees Farenheit shall not be discharged into any AGRU.

(4)

Any use of enzymes, solvents, emulsifiers, biological agents and similar material for maintaining or cleaning grease traps is prohibited.

(5)

No food grinder or food pulper shall discharge into a grease trap.

(6)

All wastewater flows connected to grease traps shall be screened to prevent solids from entering the grease trap. Screened solids shall be disposed of in accordance with applicable solid waste regulations.

(e)

Outdoor grease trap requirements.

(1)

Requirements: All FPEs are required to have an outdoor grease trap or variance. The requirements in this section are in addition to any applicable requirements of the Department of Environmental Protection (DEP) general permit for the discharge of wastewater associated with food preparation establishments, International Plumbing Code and the Plumbing and Drainage Institute (PDI) as adopted by the office of the state building inspector.

(2)

New establishments: On or after the effective date of this section, FPEs, which are newly proposed or constructed, or existing facilities, which will be expanded or renovated to include an FPE, shall be required to install, operate and maintain an outdoor grease trap according to the requirements established in subsection (e). Establishments who receive a variance from the requirement for an outdoor grease trap shall comply with all the requirements of the variance. All variances shall be granted or revoked at the SWPCA's sole discretion.

(3)

Existing establishments: All FPEs existing within the City of Shelton prior to the effective date of this section shall submit an application and obtain a permit to operate and maintain existing outdoor grease traps provided they meet the requirements of this section. Indoor passive grease traps shall be replaced with an outdoor grease trap. The requirements for outdoor grease traps shall meet the requirements as established in subsection (e)(5).

(4)

[Notification of installation/modification:] On or after the effective date of this section, the OSA may require an existing FPE to obtain, within thirty (30) days of written notification by the SWPCA, an agreement for the installation of a new grease trap that complies with the requirements of this section or to modify any noncompliant plumbing or existing trap. The installation or modification of any equipment shall be completed within ninety (90) days of initial notification by the SWPCA when any of the following conditions exist:

a.

The establishment is found to be contributing grease, in quantities to cause line stoppages, or increasing maintenance on the public sanitary sewer system.

b.

The establishment does not have a grease trap.

c.

The establishment has an undersized, irreparable, noncomplying, or defective grease trap.

d.

Remodeling of a kitchen, which requires a plumbing permit to be issued by the City of Shelton Building Department.

(5)

Outdoor grease trap: Outdoor grease traps shall be installed in all FPEs except where the SWPCA has approved a variance as described in subsection (e)(6). All new and existing outdoor grease traps shall meet the following criteria:

a.

Trap design and location. Outdoor grease traps shall have a minimum of two (2) compartments and shall be capable of separation and retention of grease and storage of settled solids. Access manholes with a minimum diameter of twenty-four (24) inches shall be provided over each trap chamber and sanitary tee. The manhole shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. The invert elevation of the inlet shall be between three (3) and six (6) inches above the invert elevation of the outlet.

b.

The trap shall be designed, constructed and installed for adequate load-bearing capacity.

c.

Flow control devices shall be installed where flow through the trap may exceed the manufacturer's flow ratings.

d.

Trap capacity. Minimum capacity of any one (1) unit shall be one thousand (1,000) gallons.

e.

Trap sizing. All traps shall hold discharges equivalent to maximum flow over a twenty-four-hour period. Where sufficient capacity cannot be achieved with a single unit, installation of grease traps in series is required. The SWPCA shall approve the grease trap based on manufacturer's maximum flow capacity. The trap volume shall be based on one (1) of the following methods:

1.

Fixed number of meals served.

Facility	Volume
Schools, per pupil	3 gallons per day
Residential camps , per person	15 gallons per day
Hospital, nursing home, per bed	15 gallons per day

 

Adopted from the Connecticut Health Code.

Residential camps: Semipermanent, overnight accommodations.

IV = MS x GM

Where:	IV	= Interceptor volume (outdoor grease trap)
	MS	= Number of meals served (maximum occupancy)
	GM	= Gallons used per meal from table above

 

2.

Varied number of meals served.

Facility	Volume
Churches, per person	5 gallons per meal
Restaurants and bars	5 gallons per meal

 

Adopted from the Connecticut Health Code.

IV = MS x GM = (S x LF x H/2) x GM

Where:	IV	= Interceptor volume (outdoor grease trap)
	MS	= Number of meals served
	GM	= Gallons per meal from table above
	S	= Seating capacity
	LF	= Loading factor
		= 1.25 meal/seat hour for interstate highways
		= 1.0 meal/seat hour for freeways, recreation areas and fixed number of meals
		= 0.8 meal/seat hour for main highways
		= 0.5 meal/seat hour for other highways and side streets
	H	= Hours in operation

 

f.

Pumping and maintenance. Each FPE shall be responsible for the cost of installing, inspecting, pumping, cleaning and maintaining its outdoor grease trap. Outdoor grease trap cleaning shall include complete removal of all contents, including scraping of excessive solids from the walls, floors, baffles and all pipe work. It shall be the responsibility of each FPE to inspect its outdoor grease trap during the pumping operation to ensure proper cleaning and that all fittings and fixtures are functioning properly.

g.

Outdoor trap pumping frequency. Each FPE shall have its outdoor grease trap(s) pumped whenever twenty-five (25) percent of the operating depth of the outdoor grease trap is occupied by grease and settled solids or a minimum of once every three (3) months, whichever is more frequent.

h.

Inspections. The OSA shall inspect grease traps as necessary to ensure compliance with this section as established in subsection (c)(11).

i.

Disposal. Renderable grease shall not be disposed of in any sewer, septic tank, or grease trap. All renderable grease shall be stored in a separate container that is labeled, covered, leakproof, and stored out of reach of vermin and collected by a renderer/hauler.

j.

Nonrenderable grease removed from outdoor grease traps shall be disposed of at a grease disposal facility permitted by the Connecticut DEP.

k.

Recordkeeping. Each FPE shall maintain a logbook in which a record of all grease trap maintenance is entered, including the date and time of the maintenance, repairs, records of inspection and log of pumping activities. The file shall be available at all times for inspection and review by the OSA. All records shall be kept for a minimum of five (5) years.

(6)

Variance procedure: Two (2) types of variances may be granted:

a.

Program variances exempt those facilities from this FOG program who meet the definition of "food preparation establishment" but whose wastewater discharge contributes negligible FOG to the sanitary sewer system.

•

The FPE is an itinerant vendor, either truck or cart, with no fixed sewer connection.

•

The FPE does not cook, or wash dishes, pots, pans, or utensils at their facility.

•

The volume of wastewater generated at the facility meets the requirements of a de minimis discharge as provided in subsection (e)(10).

b.

Equipment/BMP variances may be granted to facilities that demonstrate that installation of an outdoor trap is impractical or that adequate grease removal may be accomplished with a reduced frequency of grease trap cleaning.

•

Limited space prevents the installation of an outdoor grease trap.

•

The existing facility does not own the facility and does not have authority to install an outside trap at the rented facility.

•

Existing plumbing conditions combine kitchen and sanitary wastewater and separation of the wastes is not feasible.

•

The FPE can demonstrate sufficient operating depth remains after three-months' usage that a reduced pumping frequency will provide adequate protection for the public sanitary collection system. No less than one-year's pumping records must be submitted with the variance application to demonstrate the average FOG accumulation in the outdoor grease trap.

•

The facility operates seasonally.

c.

Other unusual circumstances in which the FPE can demonstrate to the satisfaction of the OSA that the installation of an outdoor grease trap is not feasible and the proposed alternative will provide adequate protection of the public sanitary collection system from FOG.

(7)

[Application for variance:] An FPE that meets the above criteria for variance may submit an application for variance with the FOG permit application and fee. Variances shall be granted for a period not to exceed two (2) years. Variance may be granted or denied at the sole discretion of the OSA.

a.

The FPE shall request a variance in writing, and submit the application with the permit application. The variance application shall contain the following information: contact information; reason or circumstance that the variance is being requested, and as applicable, a drawing showing lot conditions and dimensions, including location of sewer main, water main, buildings, and lot boundaries demonstrating insufficient space for an outside trap; an existing plumbing drawing demonstrating difficulties separating kitchen and sanitary wastewater lines, a copy of the lease demonstrating insufficient authority of the FPE to install an outdoor trap at a rented facility.

b.

When a variance has been approved, it shall be the responsibility of the FPE to report within thirty (30) days any changes in the operation of the FPE that cause a violation in the terms of the variance.

(8)

Alternative grease removal devices: The OSA, at its sole discretion, may approve these types of devices depending on manufacturer's specifications and verified operations on a case-by-case basis. Alternative devices such as AGRUs shall be subject to written approval based on a demonstration prior to installation.

a.

Indoor AGRU: AGRUs shall be prohibited for new FPEs, except for those establishments where inadequate space is available for the installation of an outdoor grease trap or at the discretion of the OSA.

b.

AGRU design: All AGRUs shall be designed and installed in accordance with the manufacturer's specifications and sized to properly pretreat the measured or calculated flows for all connected fixtures or drains. Traps shall have a removable lid on the top surface to facilitate inspection, cleaning and maintenance.

c.

Flow control device: AGRUs shall be equipped with a device to control the rate of flow through the unit and shall not exceed the manufacturer's rated capacity.

d.

Cleaning and maintenance: Each FPE shall be solely responsible for the cost of the AGRU installation, cleaning, maintenance, and FOG disposal costs. The AGRU shall include a skimming device, automatic draw-off, or other mechanical means to automatically separate grease from the wastewater, using a timer or level controller. This AGRU shall be hardwired to the electrical circuit. The AGRU shall operate no less than once per day.

(9)

Other approved unit: If the Permittee requests the use of a unit other than an outdoor grease trap or an AGRU, the permittee must demonstrate to the satisfaction of the OSA that the proposed unit can reliably meet the effluent limitations established in this section. Only after receiving approval from the OSA will the permittee be authorized to install the proposed unit.

(10)

De minimis discharges: At the request of the permittee, the OSA may grant a variance of the treatment requirements of this section, if, in the judgment of the SWPCA, there is limited potential for grease in the discharge. This judgment shall be based on: the frequency of operation; the volume of flow; and the potential for grease discharge, based upon the menu; and similar items. Any change to the conditions of the variance must be reported to the SWPCA for review within thirty (30) days.

(f)

Fees and billing.

(1)

The fees provided for in this section are separate and distinct from all other fees chargeable by the SWPCA. All invoiced fees pursuant to this section shall become immediately due and owed upon receipt of invoice, and shall become delinquent if not fully paid within thirty (30) days after receipt. Any delinquent amount shall be subject to the late fee of twenty-five dollars ($25.00) per month.

(2)

Reinspection fines will fall under one (1) of three (3) different classifications: BMP violation, installation violation, and violation for unauthorized treatment equipment modification or operation.

(3)

A copy of the SWPCA's current fees applicable to all applications, permits, reinspections, and notice of violation fines pursuant to this section are on file in the office of the sewer administrator.

(g)

Administrative enforcement and abatement.

(1)

Discharge permit enforcement: Enforcement actions against FPEs in violation of this section shall be according to the following process:

(2)

Notice of violation: A notice of violation (NOV) shall be issued to an FPE for any one (1) or more of the following violations.

a.

Failure to properly maintain the grease trap in accordance with the provisions of the section.

b.

Failure to report changes in operations per subsection (e)(7).

c.

Failure to report an unauthorized grease discharge per subsection (c)(12) and (13).

d.

Failure to maintain grease records including documentation of pumping activities, keep copies of manifest forms or receipts on site at all times.

e.

Failure to provide access for trap cleaning, inspection or monitoring activities.

f.

Failure to obtain or renew a discharge permit in a timely manner.

g.

Failure to store grease in a proper container or dispose of grease at an approved facility.

h.

Any other failure to comply with the requirements of this section or conditions of any permit issued pursuant to this section.

(3)

Notice of violation response: If the OSA records any deficiencies during an inspection, the OSA will provide a written notice to the FPE with instructions to correct the deficiency within thirty (30) days of such notice for BMP violations and ninety (90) days for installation violations and a tentative date for reinspection.

(4)

Notice of violation fine: The SWPCA may enter into consent agreements, compliance agreements, assurances of voluntary compliance, or other similar documents establishing an agreement with any user, or other person responsible for noncompliance. Such documents will include specific actions to be taken to correct the noncompliance within a time period specified by the document. Such documents shall be judicially enforceable, including, but not limited to:

a.

Required corrective actions including, but not limited to, submittal of records for trap maintenance, immediate pump-out of the trap, or establishment of an ongoing contract with a hauler.

b.

Requirements for submittal of plans or upgrade of grease traps, including time frames for preparation of plans, acquisitions of necessary equipment, initiation of construction (including time for permit approval, where required), completion of construction, and date for achievement of final compliance with the provisions of the notice of violation fine and of this section.

c.

Payment of the notice of violation fine.

(5)

[Violation or failure to comply:] If an FPE violates or continues to violate the provisions set forth in this section or fails to initiate/complete corrective action in response to an NOV, the SWPCA may pursue one (1) or more of the following options:

a.

Contract with a hauler to pump the grease trap and bill the charge to the FPE concerned.

b.

Impose a notice of violation fine as per subsection (f) as on file in the office of the sewer administrator.

c.

Refer to other appropriate enforcement agencies for further action, i.e., the heath department and the Connecticut DEP.

d.

Refer the notice of violation to the health district recommending closure of the facility and/or denial of food service license renewal.

(6)

Permit revocation: Any discharge permit issued under the provisions of this section is subject to be modified, suspended or revoked in whole or in part during its term for cause shown including, but not limited to, any one (1) of the following:

a.

Falsification of any information submitted as part of the application for the discharge permit.

b.

Failure to comply with the requirements or regulations concerning discharges to the SWPCA sanitary sewer system.

c.

Failure to comply with the requirements or regulations concerning grease traps in this section.

d.

Failure to pay required fees, or penalties in a timely manner.

e.

Failure to attend required BMP training courses if required by SWPCA.

f.

When necessary to protect the public health, safety and welfare of the City of Shelton.

(7)

[Appeals:] Any denial or revocation of a permit pursuant to this section may be appealed to the SWPCA. The permit applicant or permittee shall have fifteen (15) days from date of notification of the permit denial or revocation to submit a written request for a hearing before the SWPCA. Failure to file an appeal constitutes acceptance of the decision to deny or revoke the permit and any conditions thereof. The SWPCA shall conduct a public hearing and decide within sixty (60) days from receipt of appeal, whether or not to grant the permit. The decision of the SWPCA shall be final.

(8)

Recovery of costs: When a discharge causes any obstruction, damage or any other impairment to the public sanitary sewer system or any expense of whatever character or nature to the SWPCA, the SWPCA shall assess the expenses incurred to clear the obstruction, repair damage to the system, and any other expenses or damage of any kind or nature suffered by the city as a result thereof. The SWPCA may file a claim with the user or other person that caused the obstruction, damage or other impairment for recovery of such cost including any collection costs. If the claim is ignored or denied, the SWPCA shall notify the city attorney to take such measures as shall be appropriate to recover any expense or to correct other damages suffered by the city.

(9)

Remedies nonexclusive: The remedies for this section are not exclusive. The SWPCA may take any, all, or any combination of these actions against any person violating this section.

(10)

Search warrant: The SWPCA, through the city's attorney, may seek to obtain a search warrant from the appropriate authority to gain access to an FPE's facility for the purposes of verification of compliance, inspection and monitoring as provided for under subsection (c)(10) if such lawful entry has previously been denied by the FPE.

(11)

Citation to Superior Court: Notwithstanding any of the above, the SWPCA may cite any user to superior court for violation of any provision of this section. A violation of any condition or requirement of a discharge permit, or failure to obtain such a permit shall be deemed to be in violation of this section.

(12)

Injunction and other relief: The mayor, through the city attorney, may file a petition in the name of the city in superior court or such other courts as may have jurisdiction seeking the issuance of an injunction, damages, or other applicable law or regulation. Suit may be brought to recover any and all damages suffered by the city as a result of any action or inaction of any person that causes or suffers damage to occur to the SWPCA's sanitary sewer system.

(13)

Violations: Any person found to have violated any provision of this section, or any condition of a permit issued pursuant to this section, may be liable for civil fine not to exceed one hundred dollars ($100.00) per violation. Each separate violation shall constitute a separate offense, and for continuing violations, each day's continuance of a violation shall constitute a separate and distinct violation. In addition to the penalties provided herein, the city may recover attorney's fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this section or the orders, rules, regulations, and permits issued hereunder.

(Ord. No. 849, §§ 1—7, 7-8-10)