Title
Consider adopting Ordinance No. 3847 amending the City’s Code of Ordinances, Chapter 86, Utilities, that govern public sewers and the disposal of fats, oils, and grease; and take appropriate action.
Body
BACKGROUND:
Food establishments typically generate fats, oils, and grease (FOG) in their daily operations. If these operational byproducts are not captured, they will build up in the City’s sewer system and eventually block or reduce the sewage flow rate to a point that results in overflowing the pipes. The buildup of Fat, Oil, and Grease (abbreviated “FOG”) causes 20% of all sewer overflows, exposing the environment to untreated wastewater. Food establishments typically install and maintain grease traps to capture fat deposits before they drain into the sewer system. These devices are installed per the adopted plumbing code. However, these devices can overflow and impact the business and the city’s sewer and stormwater systems if not maintained properly.
To prevent FOG build-up in the sewer systems and grease overflows, the Texas Commission on Environmental Quality (TCEQ) developed Model Standards for the Grease Ordinance as directed by the State of Texas House Bill 1979, which became law in the 78th Legislative Session on September 1, 2003. While many larger cities adopted a city-specific version of the TCEQ Model Standards, the Farmers Branch Health Division, in 2022, incorporated a program to monitor grease traps for restaurants as part of their Food Inspections Program. This program, however, does not suffice and is being augmented by newly proposed amendments to the city ordinance that will help eliminate build-up in our sewer system.
DISCUSSION:
The Public Works Department proposes to amend the existing Code of Ordinances, Chapter 86 “Utilities,” to grant Public Works the authority to regulate the use of grease traps to maintain the upkeep of the City’s Sanitary Sewer System, as well as allow for the Health Division to require and issue permits for grease traps.
Starting in the Spring of 2024, Farmers Branch will implement a new FOG control program to ensure that grease traps are maintained and cleaned as necessary. Regular inspections by the City or its contractor will determine the volume of FOG material in each establishment’s grease trap using standard industry methods and analysis. Food establishments with grease traps that exceed ordinance thresholds for grease buildup will be required to perform more frequent cleanings and inspections. As with all City ordinances, staff can cite generators not complying with cleaning schedules.
This ordinance would also call for specific inspection and fee schedules to be met by commercial buildings. The ordinance would also set enforcement actions, such as penalties for those who fail to comply. The overwhelming majority of facilities that have installed grease traps are food establishments. Therefore, the City already has a database of these businesses. City staff wants to align the grease trap permitting process with the health permit, so each facility only has one permitting data to track. Food establishment health permit start and renewal dates vary from business to business. Staff would like to give the businesses time to prepare for the new permit fee so the City will not assess a permitting fee the first year. However, staff plans to have businesses complete the permit application and have the contractor perform inspections. City staff will proceed with any necessary enforcement actions after the education and rollout of the program. Annual permit fees will be assessed in the second year of the program. Attached to this item is a chart outlining the operational and enforcement responsibilities of the program.
Staff will notify food establishments of the new program via email and hard copy. The Health division has contact information for all food establishments. In addition, City staff will develop a handout that the health inspection contractor will distribute during routine food establishment inspections.
FISCAL IMPACT:
No revenue in the first year of the program. Revenue will commence in the 2024-2025 budget year. Any contracted costs in the current fiscal year will be absorbed within budget.
DISTRICT:
Citywide
ATTACHMENT(S):
1. Ordinance No. 3847
2. FOG Presentation
3. Chart: Operation and Enforcement Responsible Party