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Sanitary Sewer City Code RevisionsMemorandum Public Works Department To: Honorable Mayor and Members of the City Council From: Steven J. Stadler, Public Works Director G� Copy: Mike Mornson, City Manager Date: June 7, 2012 Subject: Sanitary Sewer City Code Revisions At the May 15 meeting City Council adopted for first reading an ordinance to amend City Code sections 705, Sanitary Sewer System and 615, Nuisance Abatement. The amendments have to do with ensuring that food service establishments maintain their separator equipment for fats, oils and greases (FOG). From the city's perspective this is important because FOG laden discharge plugs the city's sanitary sewer pipes. Basically, the code revisions would allow the city to cite a business that is discharging excessive concentrations of FOG into the sanitary sewer system, as evidenced by the FOG build-up in the sewer pipe, and charge them to clear the pipe or manhole + a $200 surcharge. The City would contact a business owner and seek restitution only in the event of the city's need to clear a FOG -plugged sewer pipe. At the May 15 City Council meeting there was some concern on the specifics of this proposed City Code change and its impact. Attachment 2 is the May 24 letter that was sent to the city's 47 food service establishments describing the proposed City Code change and mentioning the June 12 worksession to discuss it. To -date staff has not been contacted by any business owner in response to the letter. At the worksession staff hopes to clarify the issue, answer questions and gain City Council support for the Code revision. The second reading is currently scheduled for the June 19 Council meeting. Atchs: 1. Ordinance 2012-1048 2. May 24 letter to businesses 3. Grease interceptor diagrams CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2012-1048 AN ORDINANCE AMENDING SECTIONS 705 AND 615 OF THE HOPKINS CITY CODE THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section 705, Sanitary Sewer System be amended as follows: 705.09 Connection to Sanitary Sewer. Subdivision 1. Prohibited Discharges. No person shal l discharge or cause to be discharged any stormwater, groundwater, roof runoff, yard drainage, yard fountain, pond overflow, or any substance other than sanitary sewage into the sanitary collection system. Use of a sump pump discharge for these purposes is illegal. a) No roof runoff, sump pump, subsurface or surface water drainage shall be connected to the sanitary sewer system and no building shall hereafter be constructed nor shall any existing buildings be hereafter altered in such a manner that the roof drainage or any other source of discharge or drainage other than sanitary sewer shall connect with the sanitary sewer system inside or outside the building. b) The discharge of more than a de minimis amount of fats, oils and greases, food waste, or similar material into the sanitary sewer is prohibited. The discharge any amount of such material that causes or exacerbates the formation or deposit of an. obstruction in the sanitary sewer is presumed to be the discharge of more than a de minimis amount. Any business or or property owner that discharges fats, oils and greases, food waste, or similar material into the sanitary sewer system shall utilize a grease trap, separator or similar device to prevent discharge of a prohibited amount or concentration of fats, oils and greases, food waste, or similar material.. The business or property owner shall install, maintain, and replace equipment zent as necessary to prevent an unlawful discharge and to prevent the formation of deposits or obstructions. and shall educate" its tenants or enjoloyees as to proper handling of fats, oils and greases. food waste, or similar materials. All business or property owner must maintain documentation detailing maintenance of equipment installed pursuant to this Section and shall submit it to the Director of Public Works or other authorized agent•on demand. An authorized agent of the Director of Public Works may inspect the buildinzs and property to confirm installation and condition ofzrease separator eguipment. The building or properowner shall allow access during for such inspections during reasonable business hours. Such City inspections may be conducted annuallv or more fi^eauently upon u_ suspected violation of this Section. The business or property owner shall immediately take action to come into compliance with this Section on written notice by the City. In the event of an unlawful discharge the discharging business or property owner shall reimburse the-C� for the cost of maintenance necessary to restore proger operation of the sanitarysewer ewer system, plus a $200 surcharge. Recovery of such costs may be through a special assessment against the property._Upon a second or subseguent violationIs within one year of a previous violation, such violation as evidenced by an additional City response requiring non -routine pipe or lift station maintenance to restore proper sewer function business or property owner shall be subject to the costs of such City maintenance plus an additional $100 surcharge (ex. 2nd violation = City costs + $300 surcharge 3rd violation = City costs + $400 surcharge etc.). Recovery of such costs may be through a special assessment against the property. c) Any person, firm, or corporation having a roof, sump pump, cistern overflow pipe, subsurface or surface in violation of Subdivision 1 drain now connected or discharging into the sanitary sewer system shall disconnect and remove it within 30 days after written notice from the City Manager and install the necessary pipes, plumbing fixtures, and appliances and otherwise connect said drainage with and into the storm sewer system in compliance with this Ordinance which shall be verified by City inspection. All disconnects or openings in the sanitary sewer shall be closed or repaired in an effective, workmanlike manner in accordance with City codes and policies. d) Every person owning improved real estate that discharges in the fashion above described into the city sanitary sewer system shall allow a representative of the city to inspect the buildings and property to confirm the absence or correction of such prohibited discharge to the sanitary sewer system. Any person refusing to allow such property to be inspected shall promptly become subject to the penalties and remedies of the City as provided in its policy and codes including, but not limited to, assessments, charges, attorney fees and court costs in achieving compliance and in addition shall be subject to the surcharge hereinafter provided for, until the inspection is allowed and/or Code Compliance is met. e) A surcharge of $100.00 per month is imposed and shall be added to every utility billing mailed to properties refusing or failing compliance or inspection as herein provided. The surcharge shall be added to every monthly billing until the property is in compliance or inspection has been permitted. In addition to such surcharge, the City retains all rights and remedies available to it including, but not limited to, obtaining a Court Order directing compliance allowing inspection or permitting the City to correct the violation and certify such costs as a special assessment against the property. All properties found during annual re - inspections by the City or its agents to have violated this Ordinance will be subject to the $100/nionth penalty for all months between the two most recent sump pump inspections: Subivision 2 The provisions of Subdivision 1(b) above do not g M.1y to sin lee- amily dwelling, as defined in Section 407 of the Hopkins Code, that are actually occupied as residential dwellings Section 2. That Section 615, Nuisance Abatement be amended as follows: 615.02. Nuisance. A nuisance shall mean any substance, matter, emission, or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety, or sanitary condition of the City or which is offensive or has a blighting influence on the community and which is found upon, in, being discharged or flowing from any street, alley, highway, railroad right of way, vehicle, railroad car, water, excavation, building, erection, lot, grounds, or other property located within the City of Hopkins. Nuisances shall include but not be limited to those set forth in this Section. Subd. 1. Refuse Material noxious substances, hazardous wastes. Refuse material, noxious substances, or hazardous wastes laying, pooled, accumulated, piled, left, deposited, buried, or discharged upon, in, being discharged or flowing from any property, structure, or vehicle; except for: a) refuse deposited at places designated and provided for that purpose by the Hopkins City Code; b) refuse stored in accordance with provisions of the Hopkins City Code or vehicle parts stored in an enclosed structure; c) compost piles established and maintained in accordance with the regulations of the Department of Inspections; Subd. 2. Weeds. Grass or Weeds which have grown upon any property to a height of ten or more inches or which have gone or are about to go to seed. Subd. 3. Vermin harborage. Conditions which in the opinion of the Enforcement Officer are conducive to the harborage or breeding of vermin including materials stored less than 12 inches off the ground. Subd. 4. Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, grackles, starlings, pigeons, bees, wasps, cockroaches, or flies. Subd. 5. Sanitary structures. Structures for sanitation such as privies, vaults, sewers, private drains,'septic tanks, cesspools, drain fields which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cesspools, or cisterns which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not meet the following criteria: a) the bottom and sides are cemented to make impervious to water, b) the bottom is at least six feet below grade, c) proper ventilating pipes and covers are provided, d) it is located at least 20 feet from any house, residence, building, or public street, e) it is cleaned at least once a year, and f) the property served is located such that connection to the public sewer is impractical. Subd. 6. Unsecured unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings which are unsecured. Subd. 7. Hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer may contribute to injury of any person present on the property. Hazards which shall include" but riot be limited to dangerous structures abandoned buildings open holes, open foundations; -- -- open wells, dangerous trees or limbs, abandoned refrigerators, or trapping devices. Subd. 8. Fire hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer creates a fire hazard or which is a violation of the Fire Code. Subd. 9. Health hazards. Any thing or condition on the property which in the opinion of the Enforcement Officer creates a health hazard or which is a violation of any health or sanitation law. Subd. 10. Graffiti. Any writing, printing, markings, signs, symbols, figures, designs, inscriptions, or .other drawings which are scratched, painted, drawn or otherwise placed on any exterior surface of a building, wall, fence, sidewalk, curb or others structure or equipment on public or private property and which have the effect of defacing the property. (Added by Ord. #94-741) Subd. 11. Statute and Common Law Nuisances. Any thing or condition on property which is known to the common law of the land as a nuisance, or which is defined or declared to be a nuisance by the Statutes of Minnesota or the Hopkins Code of Ordinances. Subd 12 The discharge of more than a de minimis amount of fats, oils or greases, food waste or similar material into the sanitary sewer, as prohibited by Section 705.09 Subd. I (b). Section 3. The effective date of this ordinance shall be the date of publication. First Reading: May 15, 2012 Second Reading: June 19, 2012 Date of Publication: June 28, 2012 Date Ordinance Takes Effect: June 28, 2012 Eugene J. Maxwell, Mayor ATTEST: Kristine Luedke, City Clerk 4 May 24, 2012 FORM;* 11100 EXce(sior Blvd: • Nopr(ms, MN 55343-3435 O Phone: 952-939-1382 e Fax. -.952-939-1381 We6 address: www.kopf<yumn.eom Dear Food Service Business Owner: The City is in the process of revising its City Code in regards to the sanitary sewer systema Specifically, the revision adds a requirement for food service establishments to maintain their separator equipment for fats, oils and greases — see attached code revision. On May 15, the City Council took the first step in passing this code revision by approving the first reading. A City Council work session to further discuss the proposed revision is scheduled for June 12 at 6:30 p.m. at Hopkins City Kaji;"i010 Is" St Souih. The final approval is preliminarily set for the June 19 City Council meeting. The attached proposed code revision requires that restaurant owners maintain their grease interceptors. When this equipment isn't regularly cleaned -out it no longer separates the fats, oils and greases from the waste water. This means the grease separates -out in the city's sanitary sewer pipes, building -up on the pipe walls and eventually causing a blockage. Often this leads to city crews having to respond to an emergency call to unplug the sewer. This past year the city has had to respond seven times to clear sewers plugged with grease. It is important to note that the proposed code revision is not a new city-wide inspection program or a mandate that you install grease separator equipment. We intend to check condition -and maintenance of a business's fat, ail and grease-separator--off-in the----- - event that we have a related city sanitary sewer pipe grease problem. In that event, we would check your grease separator equipment to make sure that it is functioning and being regularly cleaned out. If it's determined, that a food service business is discharging excessive grease and causing a sanitary sewer problem, the city can charge the business owner for the cost of our sanitary sewer maintenance. work + a $200 surcharge. ask that you read over the proposed code revision and contact me if you have any questions or comments. .1 can be reached at 952-548-6350 or email at sstadierCcDhopkinsmn.com. Sincerely, Steven J. Stadler Director Partnering =th the Community to 2n&wz tree Quaaty of Life +Inspire +Educate +Involve +Communicate 4 Arby's Big 10 Restaurant & Bar Blake Grocery 140 Blake Rd N 1106 Mainstreet 108 Blake Rd N Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Boston Garden Restaurant Aji Japanese Restaurant Caribou Coffee 1019 Mainstreet 712 Mainstreet 1601 State Hwy 7 Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Chalet Pizza China Palace Restaurant Chipoltle Mexican Grill 4316 Shady Oak Rd 72411th Ave S 786 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Cold Stone Creamery Crumley's Lunchbox Dairy Queen 768 Mainstreet 8400 Excelsior Blvd 1800 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Wild Boar Deli Double 1022 Mainstreet 138 Jackson Ave N Hopkins, MN 55343 Hopkins, MN 55343 Domino's Pizza 1430 Mainstreet Hopkins, MN 55343 Driscoll's Food Market El Sarape Supermercado Erbert & Gerbert's Subs & Clubs 25 11th Ave N 1002 Mainstreet 740 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 EZ Foods Deli and Grocery Samba: Taste of Brazil Hoagies Restaurant 716 11th Ave S 922 Mainstreet 824 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Hopkins Tavern on Main Hopkins Thrift Bakery Occupant 819 Mainstreet 1812 Mainstreet 1016 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Hopkins, MN 55343 Jasmine Garden Chinese Cuisine KFC 1601 Mainstreet Hopkins, MN 55343 Mainstreet Bar & Grill 814 Mainstreet Hopkins, MN 55343 1728 Mainstreet Hopkins, MN, 55343 Midnite Market 5 6th Ave S Hopkins, MN 55343 Lindee's Saloon & Eatery 919 Cambridge St Hopkins, MN 55343 Munka Beans & Sunshine Cafd 1206 Mainstreet Hopkins, MN 55343 Nelson's Meats Bakery & Deli 116 Shady Oak Rd Hopkins, MN 55343 New King's Wok 8480 Excelsior Blvd Hopkins, MN 55343 Oasis Market Papa John's Pizza 530 Blake Rd N 1114 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Pizza Luce Star Wok 210 Blake Rd N 1428 Mainstreet Hopkins, MN 55343 Hopkins, MN 55343 Super Valu, Inc. - Taco Bell 101 Jefferson Ave S 819 Cambridge St Hopkins, MN 55343 Hopkins, MN 55343 Curry N' Noodles Tuttle's Bowling, Bar & Grill 802 Mainstreet 107 Shady Oak Rd Hopkins, MN 55343 Hopkins, MN 55343 Wendy's White Castle 502 Blake Rd N 1111 Cambridge St Hopkins, MN 55343 Hopkins, MN 55343 Oasis Market 1120 7th St S Hopkins, MN 55343 Pizza Hut 7 10th Ave S Hopkins, MN 55343 Starbucks 1507 State Hwy 7 Hopkins, MN 55343 The Depot Coffee House 9451 Excelsior Blvd Hopkins, MN 55343 Wendy's 303 11th Ave S Hopkins, MN 55343 Passive Seaaration Devices Small Point -of -Use Interceptors Small interceptors are designed to be installed under the counter or in the floor adjacent to the source of the wastewater, such as a sink or dishwasher. Such devices are typically small (less than 50 gallons capacity, about the size of a 2 -drawer file cabinet), are usually constructed of fabricated steel, and are equipped with a vented flow control device and internal flow -diffusing baffle (see Figure 2). They are classified in terms of rated flow and grease storage capacity. Sizes range from 4 gallons per minute with 8 pounds of grease storage capacity up;.to 50 gallons per minute with 100 pounds of grease storage capacity. New installation costs range from $1,000 to $1,500. Figure 2: Example Grease Interceptor RAP: �", OUTLET STATIC WATER LINE A grease interceptor is a passive control device that is designed to help reduce fats, oils, greases, and solids from entering the sanitary sewer collection and treatment system. Grease interceptors hold the fats, oils, greases, and solids until they can; be removed and disposed of by recycling, rendering, or land application. Illustration by: Donald Smith • Grease interceptors allow wastewater flows to slow down Town of Cary • With sufficient time fats, oils, greases, and solids separate from wastewater • Fats, oils, and greases are less dense than water and float • Solids are denser than water and sink • Grease interceptors are designed in a variety of sizes, shapes, and constructed of various materials