Colfax Municipal Code Art. X Fats, Oils and Grease

A. All food service establishments ("FSE's") and all nonresidential sewer users shall be required to install and maintain a grease, oil, grit and sand interceptor, trap or similar system (collectively a "FOG System") when the city manager or his/her designee finds that a FOG System is necessary for the proper collection, handling and disposal of (i) fats, oil or grease, (ii) flammable substances, (iii) grit, sand or dirt or (iv) other harmful constituents (collectively, "FOG") and will prevent or minimize the discharge of FOG into the city's sewer system. A FOG System shall be installed when the wastewater flow from an FSE or any nonresidential user is anticipated to contain FOG in amounts or concentrations which the city determines, in its discretion, present the possibility of causing or contributing to the fouling of, blockage of or other damage to the city's sewer system.

B. All FSEs connected to the city's sewer system that use grease traps prior to the effective date of this article shall upgrade to grease interceptors if after an inspection the city determines that the FSE is not complying with the city's operation, repair and maintenance requirements or if the city determines, in the city's discretion, that a grease trap alone is or is likely to be ineffective at preventing the discharge of FOG into the city's sewer system.

C. The type of FOG System to be installed shall be at the discretion of the city. Installation, maintenance and repair of the FOG System shall be the responsibility of (1) the owner of the property upon which the FOG System is installed, and (2) the person/entity that applies for connection to or use of the city's sewer system, and (3) the person/entity connecting to or using the city's sewer system, even if the property is leased, rented or otherwise occupied by a person or entity that is not the property owner. It shall be the responsibility of the owner of the property upon which a FOG System is installed to assure compliance by tenants or occupants of such property with the requirements of this article. The city shall establish a FOG System permitting process.

(Ord. No. 501, § II, 12-16-09)

A. Initial Inspection of Food Service Establishments.

The city shall make a diligent effort to conduct FOG compliance inspections of all existing FSEs in its jurisdiction within ninety (90) days of the effective date of this article using the criteria in Subsection 13.08.610D. If after making such inspection the city determines that a FOG System needs to be installed or upgraded on the inspected property, the city shall require the installation of an appropriate new or upgraded FOG System. The new or upgraded FOG System shall be installed to the city's satisfaction within a reasonable time, not to exceed one hundred eighty (180) days or such additional time as the city in its discretion may approve in writing upon a showing of good cause.

B. New FSE's and Commercial and Industrial Users. Prior to issuance of a building permit or other entitlement, all new FSE's and other new nonresidential users of the city's sewer system shall be evaluated to ascertain whether they warrant installation of a FOG System. If the city in its discretion determines that a FSE or other nonresidential user of the city's sewer system warrants installation of a FOG System, the FOG System shall be installed and must pass inspection prior to issuance of a certificate of occupancy.

C. Other Inspections. The city may inspect any FSE or nonresidential user of the city's sewer system and require the installation or upgrade of a FOG System at anytime. If the city in its discretion determines that a FOG System should be installed or upgraded, the responsible parties shall complete the installation within such time as the city shall allow which shall in no case exceed one hundred eighty (180) days except upon the written consent of the city for good cause shown.

D. Criteria for Determining Need for Installation or Upgrading of a FOG System. The city shall determine whether a FOG System is required to be installed or upgraded on a case-by-case basis based on an evaluation of objective criteria including, but not limited to, the following factors:

1. The type of facility (for example: a restaurant, bakery, ice cream shop, gas station, etc.);

2. The volume of the user's business or operation (such as number of meals served, number of seats, hours of operation);

3. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used;

4. The type of service provided or operation undertaken (such as dine-in meal service versus carry-out meal service);

5. The type of foods or other materials used in the cooking, processing, or manufacturing operations carried on within the user's facility;

6. The overall potential for FOG-laden discharges;

7. The existence of devices, procedures, or processes which are designed to minimize the amount of FOG from entering the sewer system; and

8. Such other factors as the city may establish from time to time.

(Ord. No. 501, § II, 12-16-09)

A. The design, size, location and procedures for operating a FOG System shall be approved by the city and shall meet at least the minimum requirements of the latest edition of the Uniform Plumbing Code and this article, as well as satisfying all requirements established by the city engineer. The minimum interceptor size shall be determined by the city engineer, shall have a retention time of not less than fifteen (15) minutes and shall be located to be easily accessible for cleaning and inspection.

B. All FOG Systems shall be constructed of impervious materials capable of withstanding abrupt and extreme changes of temperature and conditions. They shall be of substantial construction and equipped with easily removable covers.

C. Dishwashers and food grinders shall not discharge through a FOG System as prohibited by the California Plumbing Code.

(Ord. No. 501, § II, 12-16-09)

A. A FOG System maintenance and management program ("FOG Program") shall be prepared and submitted to the city for approval prior to construction or upgrade of a FOG System. The FOG Program shall provide:

1. All FOG Systems shall be operated, maintained, repaired in continuous and good working order at all times.

2. FOG Systems shall be cleaned by a licensed and permitted waste hauler on a periodic basis so the FOG System will operate as designed at all times.

3. Generally, the minimum cleaning frequency of any outdoor grease interceptor shall be once every six months, or as otherwise directed by the city, or whenever the combined layer of settled solids and the layer of floating solids in the interceptor reaches twenty-five (25) percent of the depth of the interceptor, whichever occurs earlier. Grease traps may require more frequent maintenance to stay below the twenty-five (25) percent limit.

4. Best management practices (BMP's) for FOG System operation, maintenance and repair shall be established and enforced by the city and shall include, where appropriate, adoption of kitchen practices to minimize the FOG-laden waste which ultimately enters the FOG System and/or other such procedures as may be required for the proper operation of the FOG System. Decanting or discharging removed waste back into a FOG System for the purpose of reducing the volume to be hauled shall be prohibited.

5. The use of chemicals, enzymes, grease solvents or emulsifiers to temporarily dissolve FOG in lieu of physical cleaning is not acceptable interceptor or trap maintenance and is prohibited.

6. The use of biological additives as a supplement to FOG System maintenance, including the addition of micro-organisms, may be authorized in writing by the city prior to the use of such additives.

7. Maintenance records indicating date and type of service, volume pumped, name of waste hauler and waste disposal location for each pumping of a FOG System shall be kept for by the property owner for a minimum of three years. The records shall be provided to the city upon request.

8. All waste removed from a FOG System must be disposed at a duly permitted facility authorized to receive such waste. The waste shall not be returned to the public sewer system or manhole, any private wastewater system or any storm drain.

9. Such other information as the city may require.

10. The FOG Program shall contain the following statement signed by the responsible parties:

I (We) the undersigned property owners/tenants/business operators agree to comply with the terms of this FOG Program and will reimburse all city costs of inspection and enforcement of this FOG Program and any damages arising out of violation of this FOG Program or any applicable ordinance.

B. The FOG System shall be inspected at least once each year by the city. City personnel shall have the right to enter the premises to be inspected at all reasonable times for the purpose of FOG System inspection, sampling, records examination and copying, or other performance of their duties.

C. If significant grease accumulation (e.g. a partial blockage) is found downstream or if significant grease wicking is found upstream of FOG System, a special inspection of the premises may occur. The inspection will include a review of the FOG System, the FOG Program, waste storage area, drains not flowing to the FOG System and such other investigation as the city deems necessary.

D. If an FSE or other nonresidential user of the city's sewer system causes, or is a substantial factor in causing, a FOG-related sanitary sewer overflow, the operator of the FSE or other nonresidential user, and the owner of the property will be responsible for all related costs, fines, penalties and other expenses.

(Ord. No. 501, § II, 12-16-09)

A. Failure of any user of the city's sewer system to comply with the requirements of this chapter shall be subject to each of the enforcement provisions set forth in Section 13.08.470. In addition, any violation of this chapter shall constitute a public nuisance, abatable pursuant to Chapter 8.16, by civil action or other remedy allowed by law and an infraction enforceable as permitted by this Code and by applicable California law.

B. In addition to the foregoing, any user of the city's sewer system subject to the provisions of this chapter who is subject to any enforcement action for violating any provision of this chapter shall pay all related city fees, costs and expenses including, but not limited to, staff costs, attorneys fees, consultant costs and out-of-pocket expenses established pursuant to the procedures set forth in Title 8, Chapter 8.16, Article III as amended from time to time.

(Ord. No. 501, § II, 12-16-09)

All users of the city's sewer system subject to the provisions of this chapter shall pay a fee established by city resolution, as amended from time to time, for all approvals, inspections and appeals allowed by this chapter.

(Ord. No. 501, § II, 12-16-09)

Notwithstanding any other provision of this Code, all determinations regarding FOG Systems shall initially be made by the city engineer or his/her designee. Any person adversely and directly affected by a determination made by the city engineer or his/her designee under the provisions of this article may appeal such determination to the city manager. A notice of appeal shall be filed in writing with the city clerk not later than fifteen (15) days after the date of such determination or not later than fifteen (15) days after the receipt by the appellant of a notice of such determination, whichever shall last occur. The notice shall include the name and address of the appellant(s), the decision that is being appealed, a detailed description of the factual, legal and other basis for the appeal and all applicable filing and other fees. The city manager or his/her designee shall decide all appeals. Any determination not appealed within the allowed fifteen (15) days shall be final and binding. The city manager's decision of the appeal shall be final and conclusive and shall be the final step in the administrative process. There shall be no right to appeal a decision of the city manager under this article to the city council.

(Ord. No. 501, § II, 12-16-09)