Fort Jones Municipal Code Ch. 13.12 Fat, Oil and Grease Control

The purpose of this chapter is to prevent fats, oils and grease from entering the town's sewer collection and treatment system through the establishment of regulations for the discharge of fats, oil, grease, and other insoluble waste from food service establishments. This chapter is also intended to further implement procedures for recovering costs associated with such discharges and blockages, to establish administrative requirements, and to establish enforcement procedures for this title.

(Ord. No. 2022-1, § 13.06.10, 2-15-2022)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Best management practices (BMPs) means activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of fats, oils and grease into the public sewer.

Fats, oils and grease (FOG) means and includes any waste containing quantities or concentrations of dispersed biodegradable fats, oils and greases.

FOG discharge permit means the permit issued by the town to a FSE for utilizing the town sewer system in compliance with the terms, conditions, and criteria of the FOG control program set forth in this document.

Food grinder or garbage grinder or garbage disposal means any device installed in the plumbing or sanitary sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the town sewer system.

Food service establishment (FSE) means any entity utilizing the town's sewer collection system for operation in a permanently constructed structure, maintained and used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for consumption by the public or for sale to other entities, its members, or employees.

Grease control device (GCD) means any grease interceptor, grease trap, or other mechanism, device, or process, which is attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG-laden wastewater prior to its discharge into the town sewer system. The term "grease control device (GCD)" also includes any other town approved method to reduce FOG. Grease control devices must be sized in accordance with the state plumbing code.

Grease interceptor means a town approved multi-compartment device that is required to be located, as according to the state plumbing code, between a FSE and the connection to the town sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. Grease interceptors must be cleaned, maintained and have the FOG and solids removed and disposed of in accordance with the terms and conditions of the town's FOG discharge permit. The term "grease interceptor" includes a gravity grease interceptor.

Grease trap means a town-approved grease control device that is used to serve individual fixtures. Grease traps must be cleaned, maintained, and have the FOG and solids removed and disposed. The term "grease trap" is also referred to as a hydro-mechanical grease interceptor.

Remodeling means a physical change or operational change that increases the amount of FOG discharged to the town sewer system by the FSE in an amount that alone or collectively causes or creates a potential for blockages or sanitary sewer overflows (SSO) to occur.

Responsible person means a person who the town determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of this Code, the state uniform plumbing code, other applicable state codes, or any national pollutant discharge elimination system (NPDES) permit or any wastewater discharge permit. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.

Waste hauler means any person or entity that collects the contents of a grease control device for the purpose of transporting it to a recycling or disposal facility. A waste hauler may also provide grease control device maintenance services.

(Ord. No. 2022-1, § 13.06.20, 2-15-2022)

No FSE shall discharge or cause to be discharged into the sewer system FOG that may accumulate or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system. The following specific prohibitions shall apply to all FSEs:

(1) Discharge of any FOG-containing wastewater that is not connected to a grease control device is prohibited, unless a waiver has been granted in accordance with this chapter.

(2) Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease control device.

(3) No dishwasher shall be connected to a grease trap or interceptor.

(4) Discharge of wastewater with temperatures in excess of 1,400 degrees Fahrenheit (600 degrees Celsius) into any grease control device is prohibited.

(5) Garbage disposals (food grinders) shall be prohibited at all new FSEs. Existing FSEs shall remove all garbage disposals when they remodel or within 180 days from receiving a notice from the town to remove its garbage disposals based on the town's finding that the FSE at any time caused or contributed to an SSO.

(6) Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.

(7) Introduction of any additive into a grease control device or directly into the sewer system for the purpose of emulsifying FOG, biologically or chemically treating FOG for grease remediation, or as a supplement to any grease control device maintenance is prohibited, unless specifically authorized in writing by the town.

(8) Discharge of any waste which has been removed from a grease control device into the sewer system is prohibited.

(Ord. No. 2022-1, § 13.06.30, 2-15-2022)

(a) Required; scope. No FSE shall discharge into the town's sewer system without obtaining a FOG discharge permit from the town. The FOG discharge permit is a legally binding agreement issued to a FSE to utilize the town sewer system setting forth the terms, conditions, and criteria of the FOG control program.

(b) Preparation; modification and amendment. The FOG discharge permit is prepared and maintained by the town, and its provisions may be modified periodically as required to ensure each FSE's compliance with the terms and conditions of this chapter, as they may be amended from time to time.

(c) Specific permit conditions; failure to comply. In addition to the FOG discharge permit, the town may also issue specific permit conditions to any FSE. In the event that the town issues specific permit conditions to an FSE, the basis for those specific permit conditions shall be disclosed to the FSE in writing and appended to the FOG discharge permit. Failure to comply with the FOG discharge permit conditions will constitute a violation of this chapter.

(d) Grease interceptor required. Responsible persons of commercial properties or their designees identified on the FOG discharge permit shall be responsible for the installation and maintenance of a grease interceptor serving multiple FSE that are located on a single parcel. The responsible person of the parcel containing a common use grease interceptor shall submit an application for and be the permittee under a FOG discharge permit.

(e) Notice of planned changes. Any existing FSE or responsible person which substantially changes the menu, operation, or remodels shall submit in writing a detailed description of the proposed changes. The applicability of an existing FOG discharge permit, waiver, stay or variance from the requirement to install, operate and maintain a grease control device will be assessed by the town based on the information contained in the description and the permit, waiver, stay or variance may be revoked and replaced or amended as the changed circumstances warrant.

(f) Permit application. All newly constructed FSEs and FSEs which change ownership shall submit a FOG discharge permit application at least 60 days prior to startup. Any FSE which fails to submit the required FOG discharge permit application in a timely manner may be prohibited from discharging to the town sewer system.

(g) Permit renewal. Annually, each FOG discharge permittee shall renew its FOG discharge permit by the expiration date indicated on the permit.

(h) Reporting requirements. Each FOG discharge permittee shall report to the town any spills of FOG or sewage and any unauthorized discharges into the town sewer system within the time period following the occurrence of the event as specified in and according to the requirements set forth in the FOG discharge permit.

(i) Right of entry for inspection. The town shall have the right to enter and inspect each FSE premises or responsible person's common use grease interceptor for announced or unannounced inspections. The town shall have access to all facilities and records necessary for determining compliance with this document. An inspection may include a review of all logs and documentation of the FOG control program, inspection of all kitchen facilities, and inspection of any and all grease control devices and appurtenant plumbing on the premises.

(Ord. No. 2022-1, § 13.06.40, 2-15-2022)

All FSEs shall implement best management practices (BMPs) to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:

(1) Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

(2) Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

(3) Disposal of food waste. All food waste should be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or anywhere else.

(4) Employee training. Employees of the FSE shall be trained by ownership or management periodically as specified in the FOG wastewater discharge permit on the following subjects:

a. Dry-wiping pots, pans, dishware and work areas before washing to remove grease.

b. Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

d. Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.

(5) Maintenance of mechanical exhaust ventilation filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of properly.

(6) Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(Ord. No. 2022-1, § 13.06.50, 2-15-2022)

The use of a food grinder that discharges food wastes from an FSE into the town sewer system is prohibited.

(Ord. No. 2022-1, § 13.06.60, 2-15-2022)

(a) Required; maintenance. All FSEs are required to install, operate and properly maintain approved types and adequately sized grease control devices. Grease control devices shall separate and remove FOG contained in wastewater discharges from FSEs prior to discharge of the wastewater to the town sewer system. Detailed requirements for device maintenance shall be specified in the FOG discharge permit.

(b) Connections. All fixtures, equipment and drain lines located in the food preparation and clean up areas of the FSE that are potential sources of FOG discharge shall be connected to a grease control device.

(c) Applicability to existing FSE; waiver. All existing FSEs are required to have, properly operate and maintain a grease control device according to the requirements set forth in the FOG discharge permit, unless the FSE has obtained a waiver as provided in this section. In addition, existing FSEs shall follow all requirements of the FOG control program in this chapter.

(d) New, transferred, or renovated FSEs. All newly constructed FSEs, FSEs which change ownership, and FSEs which undergo remodeling shall be required to install a grease control device, according to requirements of the FOG discharge permit, unless a waiver is granted under this chapter, and shall be required to follow all requirements of the grease control program as provided in this chapter.

(e) Authorization to use of alternative technology. A waiver from the FOG pretreatment requirements to allow alternative pretreatment technology that is at least equally effective in controlling the FOG discharge, in lieu of installing and operating a grease control device, may be granted to a FSE demonstrating that it is impossible or impracticable to install, operate or maintain a grease control device. The applicant shall bear the burden of demonstrating that the alternative method is at least equally effective. The town's determination to grant a waiver will be based upon, but not limited to, evaluation of the following conditions:

(1) Town determination there is no adequate location for installation or maintenance of a grease control device.

(2) Town determination there is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease control device or between the grease control device and the private collection lines or the town sewer system.

(3) Town determination that alternative pretreatment technology is equivalent to or better than a grease control device in controlling its FOG discharge.

(4) Demonstrated ability of FSE, after installation of the proposed alternative pretreatment, to effectively control FOG discharge through downstream visual monitoring of the sewer system at its own expense.

(f) Exemption from pretreatment requirements. A waiver from installation of a grease control device may be granted to a FSE that has been determined to have negligible FOG discharge and insignificant impact to the town sewer system. The town's determination to grant or revoke a waiver shall be based upon, but not limited to, evaluation of the following conditions:

(1) Town determination that quantity of FOG discharge as measured or as indicated by the size of the FSE based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that show contribution to FOG discharges;

(2) Town determination that adequacy of implementation of BMPs and compliance history are sufficient;

(3) Town determination that sewer size, slope, condition based on visual information, FOG deposition in the sewer by the FSE, and history of maintenance and sewage spills in the receiving sewer system;

(4) Town determination that the changes in operations that significantly impact FOG discharge;

(5) Any other condition the town deems reasonably related to the generation of FOG discharges.

(Ord. No. 2022-1, § 13.06.70, 2-15-2022)

All grease control devices shall be maintained in efficient operation at all times by the FOG discharge permittee at the permittee's expense. Details of required maintenance shall be specified in the FOG discharge permit.

(Ord. No. 2022-1, § 13.06.70, 2-15-2022)

(a) Each FOG discharge permit requires an application fee of $100.00. Following a change of ownership, a substantial change in operation, remodeling, or an increase in flow or waste generation of FOG, a revised application must be submitted with payment of an application fee of $100.00. The application fee must be paid when the FOG discharge permit application is submitted to the town. The initial permit has a one-year term and is renewable annually.

(b) Each FOG discharge permit requires an annual renewal fee of $50.00, which shall be submitted with the annual permit renewal application.

(c) The town will set the application fee and annual renewal fee in accordance with applicable law and may amend these fees from time to time as permitted by law.

(Ord. No. 2022-1, § 13.06.80, 2-15-2022)

(a) Failure to comply with the town's FOG control program, all generally applicable provisions of this Code, and the FOG discharge permit or any individual permit conditions will result in enforcement action against the FSE. All fines are defined in this section and may be amended from time to time.

(b) The first violation of the FOG control program will result in a warning. For each warning, the town will make one attempt to contact the FSE's responsible party (permittee) as listed on the permit and follow up any such verbal warning with written confirmation of the violation. If such attempt at direct contact is unsuccessful, the town will mail written notice of the violation to the permittee. The permittee will have seven days from the date of the notice to respond and correct the violation. If the permittee does not correct the violation within this time, a second violation will be issued.

(c) Upon the occurrence of two or more violations, the town will notify the permittee in writing by mail of the violation and a fine of $100.00 will be assessed and collected on the next service bill. The permittee will have seven days from the date of the notice to respond and correct the violation. If the permittee does not respond and correct the violation within the seven days, a per day fine of $50.00, up to a maximum of 12 days and $600.00 will be imposed and charged on permittee's next service bill. The fee, up to its maximum, will be assessed until the violation is corrected or the town declares the permittee to be noncompliant and discontinues sewer service to the permittee.

(d) When three or more violations of the FOG program have been committed and remain uncorrected, the town may disconnect sewer service to the noncompliant permittee.

(Ord. No. 2022-1, § 13.06.90, 2-15-2022)