§ 25-238. General provisions

(a)

Objectives. This division sets forth requirements and prohibitions limiting the discharge of fats, oils and grease ("FOG") into the Fort Smith Wastewater Collection and Treatment System ("WCTS"). The objectives of division 4 provisions are:

(1)

To prevent the introduction of FOG into the WCTS thus preventing blockages and overflows of the WCTS resulting from discharges of FOG that will damage or interfere with the operation of the sewage treatment plants or cause damage to or obstruction of the sewage collection system;

(2)

To prevent the introduction of FOG into the WCTS that will pass through the WCTS, inadequately treated, into receiving waters or otherwise be incompatible with the WCTS;

(3)

To protect both WCTS personnel and the general public;

(4)

To prevent unreasonable maintenance, attention and expense to the WCTS;

(5)

To enable the city to comply with any federal or state laws to which the WCTS is subject.

(b)

Applicability. This ordinance shall apply to food service establishments (FSEs) and food processing establishments (FPEs) that discharge FOG into the WCTS, except users of the WCTS maintaining a wastewater contribution permit under the city's pretreatment program codified as division 2 of article VI of chapter 25 of this Code.

(c)

Administration. Except as otherwise provided herein, the city administrator shall administer, implement, and enforce the provisions of this division. Any powers granted to or duties imposed upon the city administrator may be delegated by the city administrator to a duly authorized city employee. The city administrator and designated city employee are sometimes referred to as the "control authority" in this division.

(d)

Abbreviations. The following abbreviations, when used in this division, shall have the designated meanings:

WCTS	Fort Smith Wastewater Collection and Treatment System
FOG	Fats, Oils, and Greases
FPE	Food Processing Establishment
FSE	Food Service Establishment

 

(e)

Definitions. Unless a provision explicitly states otherwise, the following terms and phrases when used in this Division, shall have the meanings hereinafter designated:

(1)

Architectural or historical restrictions. Physical or legal restrictions limiting an owner's ability to renovate location of a FOG control device in a building or structure in the city that is one hundred (100) years or older and has special historical or esthetic interest or value.

(2)

Extreme economic hardship. A cost to comply with the requirements of this division that exceeds twenty thousand dollars ($20,000.00).

(3)

FOG or fats, oils, and grease. Fats, oil and grease, whether petroleum-based, mineral-oil-based, animal-based or vegetable-based.

(4)

FOG control device. Any grease interceptor, grease trap, or other mechanism, device, or process which meets or exceeds the requirements of Section 1003.3 of the 2006 Arkansas Plumbing Code (or subsequent modifications thereof) and that attaches to or is applied to the user's wastewater plumbing fixtures and/or private service line to collect, contain, or remove FOG from the wastewater stream of a FOG Generator prior to discharge into the WCTS.

(5)

FOG generator. Any food service establishment or food-processing establishment that discharges FOG into the WCTS, provided, however, that those establishments covered by the city's industrial user program shall not be considered a FOG generator for the purpose of this division.

(6)

FOG hauler. A licensed and permitted company that empties, cleans, and transports waste from FOG control devices and is responsible for the proper disposal of the waste.

(7)

FOG manifest. A document that the FOG hauler must provide to the FOG generator as proof of services rendered. An identical copy must be maintained by the FOG generator and FOG hauler.

(8)

FOG wastewater discharge permit. A permit issued by the city, authorizing a FOG generator to discharge wastewater into city's WCTS.

(9)

Food processing establishment (FPE). Any non-residential user of the WCTS which manufacturers, processes or packages food for human consumption.

(10)

Food service establishment (FSE). Any non-residential user of the WCTS which prepares food for sale or consumption on or off site. Food service establishments include, but are not limited to, food courts; restaurants; catering services; bars/taverns; cafeterias; soda fountains; institutions, both public and private; diners; grocery stores; bakeries; coffee shops; ice cream shops; lounges; hospitals; hotels; nursing homes; churches; schools; daycare center; and all other food service users of the WCTS. A user that is engaged only in reheating or serving of ready-to- eat food products is not considered a FSE.

(11)

Oil. Any petroleum-based product.

(12)

Grease recycling container. A container, with a lid, located outside a food service facility for the specific purpose of collecting liquid cooking grease from deep fryers, woks and other cooking containers, and from the cleaning of griddles and other cooking fixtures. Grease collected in oil/grease dumpsters can be recycled and/or re-processed.

(13)

Remodeling or remodeled. A physical change or operational change in a structure that requires an issuance of or revision to a business license or a building permit.

(14)

Twenty-five percent rule. The requirement for a FOG control device to be maintained such that the combined FOG solids accumulation does not exceed twenty-five (25) percent of the design hydraulic capacity of the FOG control device.

(15)

User. Any person or entity which contributes, or causes or permits the contribution, of wastewater into the city's WCTS.

(Ord. No. 89-16, 12-20-16)