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HomeMy WebLinkAboutA001 - Council Action Form dated October 28, 2014 S ITEM # 38 DATE: 10-28-14 COUNCIL ACTION FORM SUBJECT: FATS, OILS, AND GREASE CONTROL ORDINANCE BACKGROUND: Fats, Oils, and Grease (FOG) is a wastewater pollutant that contributes to sewer blockages, environmental and health concerns, and economic losses. FOG can be introduced into wastewater from a variety of sources, although restaurants can be major contributors. The City's Plumbing Code has requirements for installation of grease interceptors or traps in new restaurants and upon certain upgrades to existing restaurants. However, the Plumbing Code does not address ongoing cleaning and maintenance of that equipment, nor does it address other practices that should be used to reduce the introduction of FOG into the public sewer system. Since 2010, City staff has been working on the development of a FOG Control Program that addresses the problems that FOG causes in the collection system and at the Water Pollution Control Facility. During this time there have been multiple rounds of stakeholder engagement, with each round resulting in improvements and refinements to craft a program that meets the unique needs of the City of Ames and its customers. The process began in October 2010 with the first public meetings on the topic. In September 2011, a City Council Workshop was held in which City staff gave background on FOG, options that are available for FOG control, and proposed next steps. Research and additional stakeholder engagement continued through 2012 and 2013. In October 2013, a survey was sent to all local Food Service Establishments (FSEs) to learn about current FOG practices, as well as thoughts and preferences for development of a local FOG Control Program. In January 2014 two public meetings were held on the development of the FOG Control Program. All stakeholder input was then taken into account by the team of City staff working to develop the FOG Control Program. In April 2014, City staff presented the City Council with a concept for a FOG Control Program. Following that presentation, the City Council directed staff to draft a FOG Control Ordinance. Staff prepared an ordinance and presented it to the FSEs in two meetings held on October 15, 2014. Fourteen individuals were in attendance at those meetings representing different FSEs. It should be noted that, during the multiple rounds of stakeholder engagement, very little opposition to the purpose or intent of the ordinance was expressed to City staff by area Food Services Establishments. Understandably, there were 1 questions about how best to comply without becoming burdensome either in cost or paperwork. Several existing restaurants have expressed strong support for the program, and have been complimentary of the flexible approach being taken by the City. City staff has prepared the attached ordinance designed to ensure that FOG discharge into the sanitary sewer system is reduced. The proposed ordinance includes the following key elements: 1. All state-licensed food service establishments would be subject to a new wastewater surcharge rate, called a Restaurant Surcharge. However, FSEs could receive an exemption from the Restaurant Surcharge (and therefore pay the normal wastewater rate) through any one of three methods outlined in the FOG Control Ordinance. Exemptions would apply for a six month period based on verification provided by the FSE in the preceding six month period. The three methods to qualify for an exemption are as follows: a. Cleanout Exemption. The FSE provides records from a grease hauler indicating that the grease interceptor has been cleaned out, that it was in good repair, and that the interceptor averaged less than 25% full at the time of the cleaning (with no single instance of an interceptor being more than 35% full). b. FOG Strength Exemption. The FSE has been plumbed with a grab sample port, and has conducted a laboratory test for Oil and Grease during its busy hours. The test result must indicate an Oil and Grease concentration of less than 300 mg/L. c. Best Practices Exemption. The FSE maintains a logbook of its activities related to FOG control. The logbook includes activities such as training, installation of warning signage, and interceptor cleanout and maintenance. This logbook would be spot-checked for compliance by City staff. 2. Add FOG as a measured pollutant in the existing High-Strength Wastewater Surcharge Program. This program is in place for the few customers whose wastewater discharge exceeds normal domestic strength. The customers' wastewater is sampled at intervals to determine the content, and the customers pay surcharges based on the cost to treat those pollutants. Under this revision, any customer with a surcharge rate calculated through the High-Strength Wastewater Surcharge Program, that also has a licensed food service establishment, would have a surcharge rate calculated on wastewater exceeding normal domestic strength for Oil and Grease. 3. The City would be authorized to inspect the plumbing or observe the FOG practices of an FSE on rare occasions when evidence is found of FOG 2 accumulation in the sewer system that may reasonably be believed to have come from that FSE. 4. Increase the penalty for causing a sewer blockage from a fine of $1,000 to the fine plus the cost of cleanup. If the blockage can be attributed to several customers, the cost of cleanup can be pro-rated among the utility customers responsible for the blockage. 5. The Restaurant Surcharge would be initially set at $0.00/100 cubic feet during the implementation period. This provides a `trial period' where restaurants can learn how best to achieve compliance with the ordinance without becoming subject to the surcharge. However, all customers would immediately be subject to the changes in the penalty for actually causing a sewer blockage. IMPLEMENTATION TIMELINE: The implementation of this ordinance change is unique due to the way it provides FSE's a year-long window to learn how best to comply with the program requirements before any surcharge fee would be implemented. City staff is proposing the following timeline. October 28, 2014 First reading of ordinance November 10, 2014 Second reading of ordinance November 25, 2014 Final reading and adoption of ordinance January 1, 2015 Ordinance becomes effective, but with no surcharge rate. January 1, 2016 Surcharge rate becomes effective. July 1, 2016 FSE's who failed to comply with the ordinance during the first half of 2016 would receive their first bill with a surcharge added. During this period, FSE's will receive reminder letters from the City informing them that a deadline is approaching to provide verification/certification of compliance during the prior six months. Surveys will also be sent to FSEs during this period to continue to gage the ease and cost of compliance. Periodic written updates will also be provided to the City Council during the first year. Staff plans to return to Council in late 2015 to insert the Restaurant Surcharge into the Municipal Code, and to potentially make other modifications to the ordinance based on the feedback gathered during the implementation period. 3 While reviewing the proposed ordinance, two minor errors in the existing ordinance were discovered that are not related to FOG. The proposed ordinance also corrects those errors. ALTERNATIVES: 1. Approve the attached ordinance implementing a Fats, Oils and Grease Control Program. 2. Direct City staff to modify the attached ordinance. 3. Do not approve the ordinance implementing a Fats, Oils and Grease Control Program. MANAGER'S RECOMMENDED ACTION: An effective fats, oils and grease control program will improve the operation of the City's sanitary sewer collection system and Water Pollution Control Facility, will decrease the likelihood of environmental damage, and will reduce hazards to human health. Over the last several years, staff has evaluated programs from several other communities. City staff has also worked extensively with local restaurants and grease haulers to receive feedback and suggestions, many of which have been incorporated into the proposed ordinance. The overall response from local FSE's has ranged from neutral to very supportive. The proposed program implements a Restaurant Surcharge of $0.00/100 cubic feet during the 2015 implementation period, allowing time for restaurant operators to understand the process and develop internal procedures for compliance. This period also allows City staff the opportunity to gather information about the program implementation and to receive feedback on how the program is working before requesting approval from City Council to adopt the actual Restaurant Surcharge rate a year from now. 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