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A greasy situation ...

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Mayor breaks tie to make new grease trap policy law

By Marty Finley

Mayor Tim Walker kept a campaign promise when faced with a tie Tuesday night.

Facing a gridlock over authorization of a new grease trap/interceptor policy, Walker broke a 3-3 tie to make the proposal law. Councilmen Larry Ashlock, Marty Fulkerson and Kenny Lewis opposed the measure.

The policy places guidelines on installation and upgrade of grease traps for new and existing establishments that cook and prepare food to curb grease clogging city sewer lines. But opponents said the proposal may kill small businesses if they are forced to spend thousands of dollars to install grease traps.

New businesses that prepare food for “retail/wholesale, commercial or institutional” purposes will be required to install a grease trap as outlined in the Elizabethtown Sewer Use Ordinance No. 11, according to the policy. Establishments that only warm food can request a variance for under-sink traps. Most grease traps in the city are installed underground and are larger than under-sink traps.

The policy also requires any business issued a variance for an under-sink trap to install a grease interceptor if it changes its business model to cook and prepare food.

Established restaurants with nonconforming traps could be required to install a compliant grease trap if grease-related problems are reported that are harmful downstream, an upgrade or expansion of the restaurant’s kitchen or the restaurant is planned, or the business changes owners, according to the policy.

However, business owners can ask for a variance from an upgrade if they can provide technical documentation outlining reasons why the upgrade is not feasible, which the city would review.

Fulkerson said the policy still is flawed because it does not offer any alternatives beyond the potential variance.

Fulkerson said larger businesses can afford to pay thousands of dollars to install  grease traps, but smaller businesses will struggle to come up with $20,000 for an interceptor. Instead, he would like to see the option of a fine to recoup costs for city workers to unclog lines affected by a nonconforming trap.

But Walker said fines would not address problems clogs could cause to other businesses downstream.

Councilman Ron Thomas said the city could always tweak the ordinance in the future and would look for ways to be fair to business owners. Both Thomas and Walker said the city wants to be business friendly but also has to address the grease issue.

“It’s not perfect, but it’s all we’ve got,” Thomas said.

Lewis, meanwhile, said the council has been informed other facilities, such as apartments, produce grease problems and businesses should not be singled out.

In response, Executive Assistant Charlie Bryant said he believes the city has the authority to address grease-related problems at apartments or other facilities if they are causing a disturbance.

The policy also offers provisions for downtown restaurants to have city-installed grease interceptors.

“Interested businesses shall contact the city regarding the requirements and availability of such interceptors before determining the feasibility of access to this service,” the policy states.

The ordinance allows a business to appeal any decision made by the staff of the wastewater department regarding traps, which would be heard by a review committee consisting of the mayor, executive assistant, a city council member, the water/wastewater director and the city engineer.

In other action:

  • Elizabethtown City Council heard the first reading of an ordinance prohibiting parking on Evergreen Garden, Evergreen Trail, Cedar Branch Road, Keystone Court, Rippling Brook Court, Tallyho Way, Nicholas Street (U.S. 62 intersection to 951 Nicholas St.), Northcrest Drive, Robinbrooke Boulevard, Grapevine Court, Ivy Pointe Drive (intersection of Stoneybrook Drive to cul-de-sac) and West Park Road. City Engineer Scott Reynolds said some of the roads do not meet standards for on-street parking while others are major collector roads where parking is not recommended.
  • The council also approved a memorandum of understanding with Flex Films (USA) to authorize a bond issue of up to $80 million for Flex Film’s manufacturing facility. As part of the agreement, Flex Films will deed the property to the city for the lifetime of the bonds, which are issued by the city and purchased by the company to cover the costs of the project, said Finance Director Steve Park. The city in turn leases the property to the company as part of the agreement, Park said.  Elizabethtown has entered similar agreements with other companies. No liability is incurred by the city, Park added.

Marty Finley can be reached at (270) 505-1762 or mfinley@thenewsenterprise.com.