ORDINANCE NO. 09-05

AN ORDINANCE TO ENACT REQUIREMENTS FOR THE INSTALLATION AND USE OF EQUIPMENT IN CERTAIN NON-DOMESTIC FACILITIES TO PREVENT OR REDUCE THE INTRODUCTION OF FOREIGN SUBSTANCES INTO THE EMMITSBURG WASTEWATER TREATMENT SYSTEM; TO SET FORTH THE POLICY OF THE TOWN FOR THE NEED FOR SUCH EQUIPMENT; TO REQUIRE THAT CERTAIN FACILITIES INSTALL OIL AND GRIT SEPARATORS OR GREASE TRAPS AND GREASE INTERCEPTORS; TO REQUIRE THAT CERTAIN RECORDS BE MAINTAINED IN THE USE OF SUCH EQUIPMENT; TO REQUIRE THAT PERMITS BE ISSUED FOR THE INSTALLATION AND USE OF SUCH EQUIPMENT; TO PROVIDE FOR PENALTIES FOR NON-COMPLIANCE WITH THE REQUIREMENTS OF THE ORDINANCE.

SECTION I: BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Board of Commissioners of the Town of Emmitsburg, Maryland that the following is hereby enacted and to be included as Title 15, Chapter 15.36 of the Emmitsburg Municipal Code:

TITLE 15

Chapter 15.36
NON-DOMESTIC PRE-TREATMENT OF WASTEWATER
15.36.010 Policy
It is the declared policy of the Town of Emmitsburg to limit and/or eliminate the introduction of oil, grease, wax, fats, grit and solids and semi-solids into the wastewater collection and treatment system of the Town of Emmitsburg which may create or result in obstructions to the flow of wastewater to or within the wastewater treatment facility or which may inhibit or interfere with that facility's equipment or the treatment process itself. The intent of this ordinance is to further that policy.

15.36.020 Definitions
“Food Service Facility” means a non-domestic facility which functions and operates, either in whole or in part, as a facility which serves food or beverages for human consumption either on or off of the premises of the facility. Such facilities shall include, but not be limited to, restaurants, commercial kitchens, bars, cafeterias, clubs, schools, daycare facilities, churches, grocery and convenience stores, meat processing facilities and non-domestic food preparation facilities of any kind.
“Non-domestic facility” means any building, structure, or facility which has pipes, drains, or other plumbing fixtures which are connected to the Emmitsburg wastewater collection and treatment system, and which is not used as a private residence or which is not part of, used or associated solely with normal household activities.
“Grease” shall include oil, grease, wax, fats, salt, grit and solids and semi-solids which, if introduced into the Emmitsburg waste water treatment system may create or result in obstructions to the flow of wastewater to or within the wastewater treatment facility or which may inhibit or interfere with that facility's equipment or with the treatment process itself.

15.36.030. Motor Vehicle Facilities
All non-domestic facilities having floor drains and which are used for the storage, parking, repair, maintenance, or washing of any motor vehicle shall install and utilize an oil and grit separator in that facility's plumbing and/or drainage system. The oil and grit separator shall be installed in that facilities’ plumbing and/or drainage system at a location between the floor drain or other entry location and the point at which that system connects to the Emmitsburg wastewater collection and treatment system. The oil and grit separator shall conform to the standards and specifications for such equipment as may be established by the Town of Emmitsburg. The Town of Emmitsburg shall inspect and approve any such oil and grit separator, its location and its installation prior to placing the separator into operation.
15.36.040. Food Service Facilities
All Food Service Facilities shall install and utilize a grease trap and/or grease interceptor system to prevent the introduction of grease into the Town’s wastewater treatment system. The grease trap and/or grease interceptor system shall be installed in the facilities’ plumbing and/or drainage system at a location between the drains or other entry locations and the point at which that system connects to the Emmitsburg wastewater collection and treatment system. The design, installation and sizing of these grease traps and/or grease interceptors must comply to the standards and specifications of the 2006 International Plumbing Code, as well as the requirements and standards of the Frederick County Plumbing Code and the Town of Emmitsburg.

15.36.050. Standards.
A grease trap and/or grease interceptor system required hereunder shall consist of a 1,600 gallon or larger exterior sub-surface structure designed to hold grease and to prevent its introduction into the Town wastewater treatment system. The Town shall authorize smaller systems or interior systems, for all non-domestic facility uses existing as of May 1, 2009 and for all future non-domestic facility uses installed in building existing as of May 1, 2009
15.36.060. Records
The owner and/or operator of the non-domestic facility which is required to have a grease trap and/or grease interceptor shall maintain complete and accurate records of any system maintenance, cleaning, and removal of grease, including the name and address of any person or entity removing the grease and the dates and amounts thereof. Such records shall be provided to the Town by the tenth day of the month in the months of January, March, May, July, September and November and/or as requested by the Town.

15.36.070. Inspection and Cleaning
All 1,600 gallon or larger exterior subsurface grease traps and grease interceptors shall be inspected and cleaned at least once every 180 calendar days. All smaller interior such units shall be inspected and cleaned at least once every 60 calendar days.

15.36.080. Permit Required
No grease trap and/or grease interceptor may be installed without first applying for and obtaining a permit from the Town of Emmitsburg. Application for a permit shall be submitted on forms provided by the Town, and an application fee of $100.00 shall be paid at the time of submitting the application. The application for a permit for an exterior 1,600 gallon grease trap and/or grease interceptor shall be accompanied by a plan for the grease trap and/or grease interceptor system prepared by a surveyor or engineer licensed in the State of Maryland. The plan shall conform to standards established by the Town and shall be submitted with the permit application for review and approval by the Town.

15.36.090. Authority to Enter and Inspect Premises
Authorized town employees and agents shall have the right to enter any non-domestic facility at any reasonable time to ascertain whether that facility is in compliance with the requirements of this Ordinance. By applying for and accepting the permit required under this Ordinance, each owner or operator of a non-domestic facility authorizes the Town and its authorized employees and agents to enter the non-domestic facility at any reasonable time for purposes of allowing inspection, sampling, examination and/or copying of records, and to take such actions as may be required to ensure compliance with this Ordinance.

15.36.100 Enforcement

A. All non-domestic facilities subject to the provisions of this Ordinance and commencing operations after the effective date of this Ordinance shall be subject to the provisions of this Ordinance and the enforcement provisions of sub-section C of this section.

B. Except as otherwise provided in sub-section A. of this section, this ordinance shall not be enforced, and the provisions of sub-section C of this section shall not be applicable, until July 1, 2010 after which date all owners and operators of non-domestic facilities subject to this Ordinance shall be subject to the enforcement provisions hereof.

C. Subject to the provisions of sub-section B. of this section, any violation or failure to comply with the requirements of this Ordinance shall be a municipal infraction and may be enforced as such. Each infraction shall subject the owner and operator of the non-domestic facility to a fine of up to $250.00 per day. Each day a violation continues or exists shall be considered a separate infraction. In addition, the Town shall be entitled to enforce this Ordinance through any legal or equitable means available, including but not limited to an action for damages, injunctive relief, the revocation of use and occupancy permits, and the termination of water and/or sewer service to the subject facility. Any fines levied for such violations shall constitute a lien on the real property where the non-domestic facility is located and may be collected in the same manner as real estate taxes on the property.


SECTION II. BE IT FURTHER RESOLVED, ENACTED AND ORDAINED that this Ordinance shall take effect on the date on which the Mayor approves the Ordinance after passing by the Board of Commissioners or on the date on which the Board of Commissioners pass the Ordinance over the veto of the Mayor.
PASSED this _______ day of ______________________, 2009 by a vote of ________for, ________against, ________ absent, and _______ abstain.

ATTEST: EMMITSBURG BOARD OF COMMISSIONERS


By:________________________________ __________________________________
Donna Des Pres, Town Clerk Christopher Staiger, President


* * * * * * * * * *


___________APPROVED ___________VETOED


this _______ day of ______________________, 2009.


MAYOR

_______________________________
James Hoover, Mayor


I hereby certify that the foregoing Ordinance has been posted as required by Chapter 2.04 of the Emmitsburg Municipal Code.

Date: _________________ ___________________________________
Donna Des Pres, Town Clerk