Corte Madera Municipal Code Ch. 21.50 Regulations for the Control of Fats, Oils, and Grease (fog) into The…

The district hereby adopts by reference the provisions of the Central Marin Sanitation Agency Ordinance No. 2021-1, an ordinance regulating the control of fats, oils and grease (FOG), into the wastewater collection system as though fully set forth in this chapter.

(Ord. No. 48, § 3, 7-20-2021)

(a) Definitions. For the purposes of this title the terms that are used shall be given the following definitions:

(1) "Fats, oils, and grease (FOG)" means any substance, such as an animal or vegetable product, that is used in or is a byproduct of food preparation, food service, or kitchen clean-up that turns or may turn viscous or solidifies with a change in temperature or other conditions.

(2) "Food service establishment (FSE)" means any facility preparing and/or serving food for commercial use or sale. This includes restaurants, cafes, lunch counters, cafeterias, hotels, hospitals, convalescent homes, factory or school kitchens, coffee houses/shops, catering kitchens, bakeries, grocery stores with food preparation (excluding stores with only food warming operations), meat cutting and preparation, and other food handling facilities not listed above where FOG may be introduced into the wastewater collection system.

(3) "Grease inceptor (GI)" means any device used to remove FOG from kitchen wastes discharged to the wastewater collection system.

(4) "Wastewater collection system" means the collection system, all sewers and other facilities, owned or operated by the district for carrying, collecting, storing, and delivering of sewage to the Central Marin Sanitation Agency wastewater treatment facility.

(b) The following conditions are violations of a FSE permit and shall result in enforcement. Enforcement procedures are outlined within the Central Marin Sanitation Agency (CMSA) Enforcement Response Plan (ERP). Egregious and/or repeated violations may result in escalated enforcement action. A notice of violation shall state the violation(s), the corrective action(s) required, and the date the corrective action(s) must be completed.

(1) GI Not Maintained. The permit shall specify the minimum maintenance frequency required, in accordance this chapter. If documentation of adequate maintenance is not provided to CMSA staff, the FSE shall be in violation. Regardless of the frequency of maintenance, any GI with a combined level of floating FOG and settled solids in any compartment which exceeds grease inceptor required liquid depth of that compartment shall be considered to be in violation.

(2) GI Not in Working Condition. All vents, baffles, inlet and outlet devices, and flow control devices necessary for proper operation of the grease inceptor and compliance with this chapter must be in place and in working condition at all times.

(3) Grease Recycling Receptacle Not in Use. Unless exempted in the permit, the food service establishment shall utilize a grease comply with this chapter.

(4) Prohibited Compounds Discharged to the GI. Unless specific compounds are authorized in the permit, the FSE shall comply with this chapter.

(5) FOG Discharged to Drain Not Connected to the GI. See section 6 of the ordinance from which this chapter is derived. Repeated incidents may result in requirement to connect the drain to a grease inceptor.

(6) Access Denied to CMSA Staff. failure to provide CMSA staff reasonable access to the FSE to inspect the premises, GI(s), and maintenance records.

(d) If a notice of violation is issued for violation of an FSE permit, the FSE shall be assessed an inspection fee. The fee shall reimburse CMSA for the cost of inspecting the FSE to verify the corrective action required by the notice. Normally the reinspection fee shall be a standard charge equal to one and one-half times the weighted hourly salary for the CMSA staff normally performing FSE inspections, plus sixty percent overhead. In exceptional cases, requiring substantially more than one and one-half hours staff time for all follow-up to the NOV, the re-inspection fee shall be based on actual staff time documented.

(c) Where deemed necessary to achieve compliance with this chapter, CMSA will take escalated enforcement action beyond or in addition to the notice of violation. The normal intermediate enforcement action is an administrative order (AO), as described in the CMSA Sewer Use Ordinance and ERP. Fees may be assessed as part of an AO in order to recover CMSA costs for the enforcement action.

(Ord. No. 48, § 3, 7-20-2021)