Article 3 — Fats, Oils and Grease

For purposes of this article, the following terms shall be defined as follows:

"Fats, oils and grease or FOG" shall mean nonpetroleum organic polar compounds derived from animal, plant, or both animal and plant sources, that contain multiple carbon chain triglyceride molecules and that are detectable and measurable using analytical procedures established in Part 136 of Title 40 of the United States Code of Federal Regulations, as may be amended.

"FOG disposal system" shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept fats, oils and grease from wastewater discharge, including a gravity grease interceptor or hydromechanical grease interceptor.

"Food service establishment or FSE" shall mean an operation within the boundaries of the City that stores, prepares, packages, serves, vends or otherwise provides food for human consumption at the retail level and operates in a permanently constructed structure such as a room, building, or place, or portion thereof, and which has any process or device that uses or produces significant amounts fats, oils, or grease. An operation is not considered an FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing significant amounts of fats, oils or grease.

"Gravity grease interceptor" shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept fats, oils and grease from wastewater discharge and is identified by volume, thirty-minute retention time, baffle(s), a minimum of two compartments, a minimum total volume of 750 gallons, and gravity separation.

"Health officer" shall mean the County Health Officer.

"Hydromechanical grease interceptor" shall mean a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept fats, oils and grease from a wastewater discharge and is identified by flow rate and separation and retention efficiency. The design incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or separately, and one of the following:

• (1)

  • External flow control, with air intake (vent): directly connected;

• (2) External flow control, without air intake (vent): directly connected;

• (3)

  • Without external flow control, directly connected;

• (4)

• Without external flow control, indirectly connected;

"Sanitary sewer overflow" shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. Discharges into temporary storage and conveyance facilities of sanitary sewer systems are not considered to be sanitary sewer overflows. Sanitary sewer overflows include:

• (1) Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;

• (2) Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States;

• (3) Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.

"Sanitary sewer system" shall mean any system of pipes, pump stations, sewer lines, or other conveyances, upstream of a wastewater treatment plant headworks used to collect and convey wastewater to the publicly owned treatment facility. Temporary storage and conveyance facilities (such as vaults, temporary piping, construction trenches, we well, impoundments, tanks, etc.) are considered to be a part of the sanitary sewer system.

"Sewer lateral" shall mean the wastewater connection between a building's wastewater facilities and a public sewer system.

(Ord. 09-744U, § 4)

No person shall discharge or cause to be discharged into any sanitary sewer system, any water or sewage, or liquid waste of any kind containing fats, oils and grease that exceeds a concentration level adopted by a regulatory agency, that clog, obstruct or fill the same, that may in any way damage or interfere with or prevent the effective use thereof, that may cause sanitary sewer overflows, or that may necessitate or require frequent repair, cleaning out or flushing of such sewer system to render the same operative.

(Ord. 09-744U, § 4)

• (a) New FSEs or Existing FSEs Undergoing Remodeling, Retrofitting or Change in Operations. Wastewater discharge originating from fixtures and equipment which may contain fats, oils and grease, including, but not limited to, scullery sinks, pot and pan sinks, soup kettles, automatic vent cleaning devices, and floor drains located in areas where FOGcontaining materials may exist, shall be drained into the sanitary sewer system only through a FOG disposal system. Multiple FOG disposal systems may be required to satisfy the requirements of this section. The Health Officer may waive the requirements of this section upon determination that compliance may create a health hazard and/or be impeded by a physical constraint that is impractical to overcome when retrofitting an existing FSE.

• (b) Existing FSEs . Wastewater discharge originating from fixtures and equipment which may contain fats, oils and grease, including, but not limited to, scullery sinks, pot and pan sinks, soup kettles, automatic vent cleaning devices, and floor drains located in areas where FOGcontaining materials may exist, and which causes sewer lateral and/or sanitary sewer systems failures, blockages, overflows, or other interferences, shall be drained into the sanitary sewer system only through a FOG disposal system.

• (Ord. 09-744U, § 4)

• (a) FOG disposal systems shall be installed in areas that are at all times easily accessible for inspection, cleaning, maintenance, servicing and removal of the recovered fats, oils and grease in a manner that does not require entry into a food or utensil handling area as follows:

  • (1) Hydromechanical grease interceptors shall not be installed in a food or utensil handling area unless specifically approved by the Health Officer. Plumbing fixtures and equipment connected to such hydromechanical grease interceptor shall be provided with an approved type of flow control so that the total flow through the device or devices shall not be greater than the rated flow of the FOG disposal system.

  • (2) Hydromechanical grease interceptors shall be installed as provided for in Subsection (1) with the additional provision that the storage of removed fats, oils and grease also be outside of food and utensil handling areas in a secure location that protects against the accidental spill of fats, oils and grease onto floor drains, parking lots, catch basins, storm drains, sidewalks, streets, or gutters and is protected from inundation by stormwater flows.

  • (3) Gravity grease interceptors shall be installed outside of the structure containing the kitchen, food or utensil handling area(s) in a location affording ease of inspection, cleaning, maintenance and servicing without entry to the structure unless otherwise approved by the Health Officer. Such device shall be designed and sized to retain fats, oils and grease until accumulations can be removed by pumping the gravity grease interceptor. When so required by the Health Officer, gravity grease interceptors shall be equipped with an approved sample box.

• (b) FOG disposal systems shall be maintained in efficient operating condition.

• (c) FOG disposal systems shall be cleaned and fats, oils and grease removed at regular intervals.

• (d) Fats, oils and grease removed shall be waste hauled periodically as part of the operation and maintenance requirements for FOG disposal systems and disposed of in a proper manner and at regular intervals.

• (Ord. 09-744U, § 4)

Existing FOG disposal systems may remain in service provided such systems are properly maintained to effectively reduce the discharge of fats, oils and grease, are operating within original design parameters, and have not been altered in a manner not approved by the Health Officer. Such authorization does not preclude the Health Officer from establishing discharge limitations which may require the modification, enlargement, addition or replacement of a FOG disposal system to protect the sanitary sewer system from blockages or overflows. (Ord. 09-744U, § 4)

• (a) The Health Officer may grant a variance from the FOG disposal system requirements of Sections 6-4.303, 6-4.304, and 6-4.305 of this article to allow alternative technology that is, at least, equally effective in controlling the discharge of fats, oils and grease in lieu of a FOG disposal system, where an FSE demonstrates to the Health Officer's satisfaction that it is impossible to install, operate or maintain a FOG disposal system, or where an FSE demonstrates to the Health Officer's satisfaction that any discharge of fats, oils and grease from the FSE is negligible and will not have a significant impact on the sanitary sewer system.

• (b) An FSE may submit an application for variance from the FOG disposal system requirements to the Health Officer. The Health Officer shall determine the terms and conditions for issuance of a variance. The Health Officer may revoke a variance at any time when any one of the terms and conditions for its issuance is not satisfied.

• (c) Any decision of the Health Officer to grant or deny a variance may be appealed to the City Manager by any person within 10 days after notice of the Health Officer's decision has been provided to the applicant. An applicant for a variance shall file an application and pay an application fee in the amount set forth by resolution of the City Council. Any decision on appeal of the City Manager's decision to grant or deny a variance may be appealed to the City Council by any person within 10 days after notice of the City Manager's decision has been provided to the applicant. The decision of the City Council upon an appeal from an action of the City Manager shall be final and conclusive.

• (Ord. 09-744U, § 4)

The City Council finds and determines that sanitary sewer overflows may cause threat and injury to the public's health, safety and general welfare and are declared to be public nuisances and shall be punishable as such. Further, the discharge of wastewater in any manner in violation of this article or of any order issued by the Health Officer, as authorized by this article, is hereby declared a public nuisance and shall be punishable as such. (Ord. 09-744U, § 4)

Notwithstanding any waiver or variance of FOG disposal system requirements under this article, FSEs determined by the Health Officer to contribute to a sanitary sewer system blockage, overflow, or interference resulting from the discharge of wastewater containing fats, oils, and grease, may be ordered by the Health Officer to immediately install and maintain a FOG disposal system, and may be subject to a plan determined by the Health Officer to abate the nuisance and prevent any future health hazards created by sanitary sewer line failures, blockages, overflows, or other interferences. Sewer lateral failures and sanitary sewer overflows cause by FSEs alone or collectively shall be the responsibility of the private property owner or the FSE, and individual(s) as a responsible officer or owner of the FSE. If the City must act immediately to contain and clean up a sanitary sewer overflow caused by blockage of a private or public sewer lateral or serving an FSE, or at the request of the property owner or operator of the FSE, or because of failure of the property owner or FSE to abate the condition causing immediate threat to the public's health, safety or general welfare, the City's costs for such abatement and damages for any injuries to the City's sanitary sewer system shall be entirely borne by the property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE(s) and shall constitute a debt to the City and become due and immediately payable upon the City's request for reimbursement of such costs.

(Ord. 09-744U, § 4)

Persons or occupants of premises where wastewater is created or discharged shall allow the Health Officer, or City representatives, reasonable access to all parts of the FSE for the purpose of inspection and sampling during all times the FSE is open or operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to the Health Officer or City representatives attempting to inspect any FSE involved directly or indirectly with the discharge of wastewater into the City's sanitary sewer system. (Ord. 09-744U, § 4)