Article II — Regulations

No person shall discharge, or cause to be discharged, any wastewater from FSEs directly or indirectly into the public sewer without first obtaining a FOG WDP pursuant to this chapter.

(Ord. No. 493, § 2, 11-5-2013)

No FSE/Permittee shall discharge FOG, or cause FOG to be discharged into the public sewer that causes an SSO, exceeds a concentration level of one hundred parts per million by weight of fats, oil or grease, or that may accumulate and/or cause or contribute to blockages in the public sewer.

(Ord. No. 493, § 2, 11-5-2013)

Any FSE/permittee determined by the city manager to have contributed to a sewer blockage, SSO or any public sewer obstruction resulting from the discharge of wastewater or waste containing FOG, shall subject the property owner to an order to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance created by sewer line failures and blockages, SSOs or any other public sewer obstruction. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances.

Furthermore, SSOs caused by FSEs alone or collectively, are the responsibility of the property owner, FSE/Permittee, and individuals who are responsible officers or owners of the FSE. If the city manager determines that the public health and safety require the city to act immediately to contain and clean up any SSO caused by blockage of a private or public sewer lateral or system serving an FSE, or if the city so acts at the request of the property owner and/or the operator of the FSE, or because of the failure of the

property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the city's costs for such abatement shall be entirely borne jointly and severally by the property owner, FSE/permittee, and individuals who are responsible officers or owners of the FSE and may constitute a debt to the city, due and payable upon the city's demand for reimbursement of such costs.

(Ord. No. 493, § 2, 11-5-2013)

Every FSE/permittee shall implement BMPs in its operations, in accordance with the requirements and guidelines established by the city, to minimize the discharge of FOG to the grease control device and/or the public sewer. Detailed requirements for BMPs shall be specified in the FOG WDP and all FSE/permittee as required, at a minimum, to comply with the BMPs set forth therein as well as any additional BMPs established by the city manager. BMPs may include, but are not limited to, kitchen practices and employee training procedures that are essential in minimizing FOG discharge to the public sewer.

(Ord. No. 493, § 2, 11-5-2013)

FSEs/permittees are prohibited from doing any of the following.

A.

Installing food grinders in the plumbing system of new construction. All FSEs that undergo a change in operations or remodeling shall remove any existing food grinders concurrent with such change or remodeling, except as otherwise expressly allowed by the city manager.

B.

Introducing any additives into an FSE's plumbing system, grease trap and/or grease interceptor for the purpose of emulsifying FOG, biologically and/or chemically treating FOG for grease remediation and/or as a supplement to grease interceptor maintenance, unless a specific written authorization from the city is first obtained.

C.

Disposing waste cooking oil into the public sewer.

D.

Discharging wastewater with temperatures in excess of one hundred forty degrees Fahrenheit into any grease control device, including grease traps and grease interceptors.

E.

Discharging wastes containing fecal materials from toilets, urinals, washbasins or other fixtures to waste lines directed to grease interceptors and/or other grease control devices, or vice versa.

F.

Discharging a FOG and solid materials removed from a grease control device to the public sewer.

G.

Operating grease interceptors with FOG and solids accumulation exceeding twenty-five percent of the design hydraulic depth of the grease interceptor.

H.

Discharging FOG and other pollutants above the local discharge limits set forth in the City of Colusa Municipal Code.

(Ord. No. 493, § 2, 11-5-2013)

Every FSE/permittee shall, at the time of construction, remodel, and/or change in operations, install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter, subject to the variance and waiver provisions of Section 15A-17. The grease interceptor shall separate and remove FOG contained in wastewater from FSEs prior to discharge to the public sewer. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of any FSEs that are a source, or potential source, of FOG discharges shall be connected to the grease interceptor. The outlet discharge line from the grease interceptor shall be independently connected to the public sewer unless otherwise waived by the city manager.

Compliance shall be established as follows:

A.

New construction of FSEs.

New construction of any FSE shall include complete installation of an approved type and adequately sized grease interceptor, with a minimum size of one thousand gallons, prior to commencing discharges of wastewater to the public sewer.

B.

Existing FSEs.

Any existing FSE, which, in the city manager's determination, has caused or contributed to grease-related blockage in the public sewer, has one or more sewer laterals connected to hot spots and/or has contributed significant FOG to the public sewer, shall be deemed to have reasonable potential to adversely impact the public sewer and shall be required to install grease interceptor(s) within ninety days upon issuance of written notification by the City Manager.

Any existing FSE or FSE that changes ownership or that undergoes remodeling and/or a change in operations, as defined in this chapter, shall be required to install a grease interceptor or to obtain a variance or waiver in accordance with Section 15A-17.

(Ord. No. 493, § 2, 11-5-2013)

Any property owner, or his duly authorized designee, of a commercial property where multiple FSEs are located shall be responsible for the installation and maintenance of a grease interceptor or grease interceptors serving the FSEs that are located on a single parcel.

(Ord. No. 493, § 2, 11-5-2013)

A.

Any FSE/permittee required by this chapter to provide FOG pretreatment shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter.

B.

Grease interceptor sizing shall conform to the then current edition of the Uniform Plumbing Code, but not be less than one thousand gallons in size unless otherwise waived by the city manager. Grease interceptors shall be constructed in accordance with the city's Standard Specifications and Improvement Standards for Sanitary Sewers and shall have a minimum of two compartments with fittings designed for grease retention.

C.

The grease interceptor shall be installed at a location where it shall be at all times readily accessible for inspection, cleaning, and removal of accumulated grease.

D.

An access manhole, with a minimum diameter of twenty-four inches, shall be provided over each grease interceptor chamber and each sanitary tee.

(Ord. No. 493, § 2, 11-5-2013)

A.

No new construction, change in operation or remodel of an FSE shall include installation of a grease trap without prior express written permission from the city.

B.

Existing grease traps shall be maintained in efficient operating condition by daily removal of the accumulated grease.

C.

Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process.

D.

Grease traps shall be inspected periodically by the FSE/permittee to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device. Grease traps and their baffles shall be maintained free of all caked-on FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process.

E.

Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

(Ord. No. 493, § 2, 11-5-2013)

A.

FSEs/permittees shall maintain grease interceptors in efficient operating condition by periodic removal of the full content of the interceptor, which includes, but is not limited to, wastewater, accumulated FOG, floating materials, and solids.

B.

The city may require any FSE with a grease interceptor to submit data and information necessary to establish the required maintenance frequency of the grease interceptor.

C.

The required maintenance frequency for every FSE with a grease interceptor shall be determined in one of the following methods:

Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation in the grease interceptor does not exceed twenty-five percent of the total designed hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from being discharged to the public sewer.

Every FSE with a grease interceptor shall fully pump out and clean its grease interceptor not less than once every twelve months.

Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in Section 15A-16(C)(1) has not been established. The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in Section 15A-16(C)(1) and guidelines adopted by the district pursuant to the FOG control program. The city may change the required maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual generation of FOG from the FSE, the required maintenance frequency may increase or decrease.

The owner, operator or FOG WDP permittee of an FSE may submit a request to the city for a change in the required maintenance frequency at any time. The FSE has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements described in Section 15A-16(C)(1), and that it is in full compliance with the conditions of its FOG WDP and this chapter. Upon determination by the city that the requested revision is justified, the FOG WDP shall be revised accordingly to reflect the change in required maintenance frequency.

If the grease interceptor, at any time, contains FOG and solids accumulation exceeding the requirements described in Section 15A-16(C)(1), the FSE shall be required to have the grease interceptor serviced immediately such that all FOG and other materials are completely removed from the grease interceptor. If deemed necessary, the city may also increase the required maintenance frequency of the grease interceptor.

D.

All grease interceptors shall be maintained in a manner consistent with the maintenance frequency approved by the city manager.

E.

All grease interceptors are required to have grease retention fittings as designed for proper function. Any interceptor that does not have the grease retention fittings shall be repaired and/or retro fitted with appropriate grease retention fittings.

F.

No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral or public sewer.

G.

Wastewater, accumulated FOG, floating materials, solids, and other materials removed from the grease interceptor shall be disposed of by waste haulers at an approved disposal site in accordance with all applicable federal, state, and/or local laws.

H.

The city manager may direct city staff to service an FSE's grease interceptor if, in the determination of the city manager, the FSE/permittee has failed to comply with the terms of the FOG WDP or with this chapter. The FSE shall be responsible for any and all expenses of the city in undertaking such work, in addition to being subject to any enforcement action taken by the city as provided for in this chapter.

I.

Pumping records shall be kept and maintained onsite for a minimum of three years and available to city upon request.

(Ord. No. 493, § 2, 11-5-2013)

A.

Variance from grease interceptor or grease trap requirements.

An FSE may request that the city grant a variance from the grease interceptor or grease trap requirement to allow alternative pretreatment technology in lieu of a grease interceptor or grease trap, if the FSE demonstrates that the alternative equals or exceeds the effectiveness of a grease interceptor or grease trap, and that it is impossible or impracticable to install, operate or maintain a grease interceptor or a grease trap. The city's determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions:

a)

There is no adequate space for installation and/or maintenance of a grease interceptor or a grease trap.

b)

There is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor or the grease trap and/or between the grease interceptor or the grease trap and the sewer lateral or the public sewer.

c)

The FSE can prove that the alternative pretreatment technology is equally or more effective than a grease interceptor or a grease trap in controlling its FOG discharge. The FSE must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through visual monitoring of sewer piping downstream from the FSE, for at least three months, at its own expense. A variance may be granted if the results show no visible accumulation of FOG in downstream sewer lines.

Any variance issued pursuant to this section may be revoked at any time at the discretion of the city manager.

B.

Conditional waiver of requirement to install grease interceptor or grease trap.

A conditional waiver of the requirement to install a grease interceptor or a grease trap may be granted for FSEs that the city determines to have negligible FOG discharge and insignificant impact to the public sewer. Although a conditional waiver from installation of a grease interceptor or a grease trap may be granted, the FSE may be required to provide space and plumbing segregation for future installation of a grease interceptor or a grease trap. The city manager's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:

a)

Quantity of FOG discharge as measured or indicated by the size of the FSE based on water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions that may reasonably be shown to contribute to FOG discharges.

b)

Adequacy of implementation of BMPs and compliance history.

c)

Sewer size, grade, condition based on visual and other information, FOG deposition in the sewer by the FSE, and history of maintenance and SSOs caused by FOG from the FSE. Changes in operations that significantly affect FOG discharge.

d)

Any other condition that the city deems reasonably related to the generation of FOG discharges.

C.

Waiver of grease interceptor or grease trap installation requirement with a grease disposal mitigation fee.

Where the installation of a grease interceptor or a grease trap is not feasible and no equivalent alternative pretreatment can be installed, an FSE may be granted a waiver of the grease interceptor or grease trap requirement upon the payment of a grease disposal mitigation fee as described in Section 15A-31. Additional requirements may also be imposed to mitigate the discharge of FOG into the public sewer. The city manager's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon, but not limited to, evaluation of the following conditions:

a)

There is inadequate space for installation and/or maintenance of a grease interceptor or a grease trap.

b)

There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor or the grease trap and/or between the grease interceptor or grease trap and the sewer lateral or the public sewer.

c)

A variance from grease interceptor or grease trap installation to allow alternative pretreatment technology cannot be granted.

D.

Application for variance or waiver of requirement for grease interceptor or grease trap.

An FSE may submit to the city an application for waiver or variance from the grease interceptor or grease trap requirement. The FSE bears the burden of demonstrating that the installation of a grease interceptor or a grease trap is not feasible or otherwise required. Upon determination by the city manager that reasons are sufficient to justify a variance or waiver, the FOG WDP will be issued or revised to include the variance or waiver and relieve the FSE from the requirement to install a grease control device.

E.

Terms and conditions of variance or waiver.

A variance or waiver shall contain the terms and conditions that serve as the basis for its issuance. A variance or waiver may be revoked by the city manager at any time upon determination that any of the terms or conditions for its issuance is not satisfied or if the conditions upon which the variance or waiver was based have changed so that the justification for the variance or waiver no longer exists. The variance or waiver shall be valid so long as the FSE remains in compliance with the terms and conditions until the expiration date specified in the variance or waiver.

(Ord. No. 493, § 2, 11-5-2013)