Lancaster Municipal Code Art. 2 General Limitations, Prohibitions and Requirements on Fats, Oils and Grease…

No FSE shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by the council or that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

The following prohibitions shall apply to all FSEs:

A. Installation of food grinders in the plumbing system of new construction of FSEs shall be prohibited, except when expressly allowed by the FOG Control Program Manager. The Director may promulgate regulations and standards for determining the circumstances and/or systems where an exception may be permissible.

B. Introduction of any additives into a FSE's wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance, unless a specific written authorization or FOG wastewater disposal permit from the FOG control program manager is obtained.

C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly, in a secured location, in receptacles such as barrels or drums for recycling. Other acceptable methods of disposal may include delivering the storage containers to an approved location or collection of the containers by a California Department of Food and Agriculture (CDFA) certified hauler.

D. Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.

E. Discharge of wastewater with temperatures in excess of one hundred forty (140) degrees F to any grease control device, including grease traps and grease interceptors, is prohibited.

F. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service, or vice versa, is prohibited.

G. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system is prohibited. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors.

H. Operation of grease interceptors with FOG and solids accumulation exceeding twenty-five (25) percent of the design hydraulic depth of the grease interceptor (twenty-five (25) percent rule).

I. The use of soaking tanks of degreaser is only permissible if the material in the tank is off-loaded and removed from the location and a copy of the manifest is made available for City inspection upon request.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

No person shall discharge, or cause to be discharged any wastewater from FSEs directly or indirectly into the city sewer system without first obtaining a FOG wastewater discharge permit pursuant to Article 3 of this chapter.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

All food services establishments shall implement best management practices in its operation to minimize the discharge of FOG to the sewer system, as set forth in further detail in section 13.10.440 of this chapter. Additional specific requirements for best management practices may be specified in the permit.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

FSEs are required to permit, 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 set forth herein. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

A. New Construction of Food Service Establishments. New construction of FSEs shall include installation of grease interceptor(s) prior to commencing discharges of wastewater to the sewer system.

B. Existing Food Service Establishments.

1. Existing FSEs, which have caused or contributed to grease-related blockage in the sewer system, or which have sewer laterals that require additional clean-out or maintenance, or which otherwise contribute significant FOG to the sewer system as determined by the FOG control program manager based on inspection or sampling, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install grease interceptors within one hundred eighty (180) working days upon notification by the FOG control program manager.

2. Existing FSEs or FSEs that change ownership, that undergo remodeling or a change in operations as defined in this chapter, shall be required to install a grease interceptor. For purposes of this Section, "remodeling" means a physical change or operational change causing generation of the amount of FOG that exceed the current amount of FOG discharge to the sewer system by the FSE in an amount that alone or collectively causes or create a potential for SSOs to occur; or exceeding a cost of fifty thousand dollars ($50,000.00) to a FSE that requires a building permit, and involves any one (1) or combination of the following:

a. Under slab plumbing in the food processing area;

b. A thirty (30) percent increase in the net public seating area;

c. A thirty (30) percent increase in the size of the kitchen area; or

d. Any change in the size or type of food preparation equipment.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. Variance from Grease Interceptor Requirements. An existing FSE may obtain a variance from the grease interceptor requirement to allow alternate pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The FOG Control Program Manager's determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions:

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

2. There is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the city sewer.

3. The FSE can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three (3) months (with a minimum of two (2) visual inspections; one (1) at the beginning and one (1) at the end of the three-month period), at its own expense. A variance may be granted if the results, as determined by the FOG control program manager, show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines.

B. Conditional Waiver from Installation of Grease Interceptor. An existing FSE may obtain a conditional waiver from installation of a grease interceptor, if the FSE demonstrates that it has negligible FOG discharge and insignificant impact to the sewer system. Although a waiver from installation of grease interceptor may be granted, the FSE may be required to provide space and plumbing segregation for future installation of a grease interceptor. The FOG control program manager's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:

1. 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 may reasonably be shown to contribute to FOG discharges.

2. Adequacy of implementation of best management practices and compliance history.

3. Sewer size, grade, 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. Changes in operations that significantly affect FOG discharge.

5. Any other condition deemed reasonably related to the generation of FOG discharges by the FOG control program manager.

C. Application for Temporary Variance or Waiver of Requirements for Grease Interceptor. A FSE may submit an application for variance or waiver from the grease interceptor requirement to the FOG control program manager. The FSE bears the burden of demonstrating, to the FOG control program manager's reasonable satisfaction, that the installation of a grease interceptor is not feasible or applicable. Upon determination by the FOG control program manager that reasons are sufficient to justify a variance or waiver, the permit will be issued or revised to include the variance or waiver and relieve the FSE from the requirement.

D. Terms and Conditions. A temporary variance or waiver shall contain terms and conditions that serve as the basis for its issuance. A variance or waiver may be revoked at any time in the same manner as suspension or revocation of a permit, as set forth in this chapter, when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists. The variance or waiver shall be valid so long as the FSE remains in compliance with their terms and conditions until the expiration date specified in the variance or waiver. Such expiration date shall be no longer than two (2) years from the date of issuance of the variance or waiver.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. Property owners of existing commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease interceptor serving multiple FSEs that are located on a single parcel. The owner or their official designee(s) of a commercial property with multiple FSEs on a single parcel shall enter agreements with the individual FSEs setting forth responsibilities for maintenance, costs and liabilities for the grease interceptor. A copy of each such agreement(s) shall be provided to the City within thirty (30) days from the effective date of this ordinance and/or within thirty (30) days following occupancy of a premises by a new FSE permittee.

B. No new FSE shall be permitted to share a grease recovery device, provided, however, that a new FSE at a location which was sharing a device prior to the occupancy of the new FSE shall be permitted to continue sharing the device.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. FSEs found to have contributed to a sewer blockage, SSOs or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, shall be ordered to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances subject to abatement. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner or FSE, and individual(s) as a responsible officer or owner of the FSE.

B. If the city must act immediately to contain and/or clean up an SSO caused by blockage of a private sewer lateral or private sewer system of a FSE, or at the request of the property owner or 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 costs for such abatement may be entirely borne by the property owner or operator of the FSE, and individual(s) as responsible officer(s) or owner(s) of the FSE(s) and may constitute a debt to the city and become due and payable upon the city's request for reimbursement of such costs. Costs shall include reimbursement of the time City personnel assigned to the FOG Control Program spend on abatement, at rate(s) adopted by resolution of the City Council as may be amended from time to time.

C. Any person who discharges any waste which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the city to resume normal operations. The total amount shall be payable within forty-five (45) days of invoicing by the city.

D. Any person who discharges a waste which causes or contributes to the city violating its discharge requirements established by any regulatory agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)