City officials concerned grease ordinance could force some restaurants out of business

Published 12:00 am Tuesday, December 1, 2009

By Mark Wineka
mwineka@salisburypost
Members of Salisbury City Council expressed concerns Tuesday that the city’s implementation of a Fats, Oils and Grease ordinance could put some restaurants out of business.
The FOG ordinance, required by the state and almost ready for adoption, would affect any business preparing food on a commercial basis.
It will require restaurants, for example, to install the right-sized grease traps or grease interceptors. Many restaurants already have the devices, but for those establishments which will have to install new equipment to meet the ordinance’s requirements, the costs could be formidable.
Traps for smaller-sized businesses could cost in the $2,000 to $4,000 range, according to estimates by Aaron Otten, FOG program coordinator for Salisbury-Rowan Utilities. But grease interceptors for larger food service operations might cost upwards of $30,000, he said.
Councilman Bill Burgin, an architect, predicted a majority of restaurants will be required to use the larger grease interceptors. Councilman Mark Lewis said he can think of five or six restaurants which, if they faced a $15,000 to $30,000 expense, would probably have to close.
Lewis said the council had to recognize that it could be closing restaurants with the ordinance, including several in the downtown.
In addition, he said, the ordinance could affect the Salisbury-Rowan Utilities customers who do business in Granite Quarry, Rockwell, Spencer and East Spencer.
“I want to make sure we have all this out for public consumption,” Lewis said.
The Environmental Protection Agency and N.C. Division of Water Quality have new permit requirements for cities, meaning Salisbury must have a FOG prevention enforcement program (the ordinance) and an education program.
Improperly managed fats, oils and grease often block sewer pipes and treatment systems.
City officials say blockages harm public health, the environment and lead to increased operating costs for the utility.
In 2007, about 500 sewer overflows in the state were attributed to blockages caused by fats, oils and grease.
Under the ordinance, all food service establishments will be required to operate and maintain a properly sized grease trap or interceptor. Plumbers, developers, grease waste haulers and engineers all will be affected by the changes.
Up to 350 food service establishments served by Salisbury-Rowan Utilities could fall under the ordinance’s requirements.
City Manager David Treme said Salisbury is late to the game when compared to other cities in North Carolina in adopting a FOG ordinance.
“We are not a leader in implementing this policy,” he said. “We’re one of the last.”
Under the current Salisbury-Rowan Utilities proposal, a restaurant would have one year to install a grease trap (if it didn’t have a trap, or a right-sized one). The clock would start ticking when a utility representative made a visit to the establishment.
The visit would be the same as a notification.
For restaurants having to install a grease interceptor, the compliance time would be two years.
Burgin said he was worried that if the city didn’t set a specific date for compliance, it would be accused of favoring some businesses over others. The establishments visited by the city first would complain that other places were getting a break and being given more time.
“I think it’s better to have a date,” Burgin said.
The compliance date also should be adjusted based on how much the cost is, Burgin suggested. The higher the cost, the more time an establishment should receive.
Overall, Burgin expressed concern about the actual physical installment and location of the traps or interceptors at some restaurants. “I don’t know how we’re going to do it downtown at all,” he said.
Mayor Pro Tem Paul Woodson said he can foresee problems occurring when one restaurant goes to the expense of installing a new trap or interceptor but another restaurant refuses to abide by the ordinance.
“Are you really going to shut someone down?” Woodson asked.
Treme said he was concerned about the permit repercussions Salisbury would face with the state if it didn’t enforce a FOG ordinance.
Councilman William “Pete” Kennedy asked whether the city could establish an incentive grant program to help restaurants with the costs, much like it has incentive grants for drainage problems, building facade improvements and repairs to historic homes.
During a public hearing on the ordinance, developer Joe Mathis said he was concerned about the amount of time a restaurant would be given to fix the problem and the costs that could be involved, especially for small, older, independent businesses.
A lot of the grease problems for sewer systems come from private residences, not businesses, Mathis added.
Council tabled action on the ordinance, and Treme said he will take their comments connected to the things such as time frames and incentives and possibly present another proposal.
Lewis said the FOG ordinance is another example of an unfunded mandate coming from the state, but he recognized that it’s a price for cleaning up what’s been done to the environment.
“I think we have no choice,” Burgin said.
Otten said Salisbury’s future FOG education program will feature a character named “Greasy” in the “No Grease Blockin’!” show.
For more information on the FOG ordinance, contact Otten at 704-216-2729.