Lancaster Municipal Code Art. 3 Fog Wastewater Discharge Permits and Fees

A. Each FSE, including those in commercial properties with multiple FSEs and/or with FSEs that share kitchens, proposing to discharge or currently discharging wastewater containing FOG into the city sewer system shall obtain a FOG wastewater discharge permit from the city. An FSE must have a current and valid permit at all times.

B. Permittees must comply with the provisions of this chapter and all regulations, standards and procedures that may be promulgated by the director to implement this chapter.

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

A. Prior to commencing wastewater discharges, a responsible person, as defined herein, shall submit a completed permit application in a form prescribed by the city, and tender the applicable fees. The applicant shall submit, at a minimum, the following information:

1. Name, address, telephone number, e-mail address, assessor's parcel number(s), description of the FSE, operation, cuisine, service activities and/or clients using the applicant's services. If the applicant is an entity, the information shall include the name, address of any and all principals/owners/major shareholders of all FSE to be permitted hereunder; articles of incorporation and the most recent report of the secretary of state.

2. Name and address of property owner or lessor and the property manager where the FSE is located.

3. Emergency (after-hours) contact name and phone number.

4. If the owner/permittee is not the point of contact for purposes of the FOG control program, the name, telephone number and email of the manager, employee, agent or representative who is so designated as the point of contact.

B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, FOG control device, grease interceptor or other pretreatment equipment and appurtenances by size, location, and elevation for evaluation.

C. The director or his/her designee may request additional information and/or documentation as deemed necessary to determine that the applicant's premises, operations, and potential discharges comply with applicable local, state and federal laws.

D. After evaluation of the data furnished, the city may issue a FOG wastewater discharge permit, a variance or waiver of requirements or no permit subject to terms and conditions set forth in this chapter and as otherwise determined by the FOG control program manager to be appropriate to protect the city's sewer system. Examples of a location in which a permit may not be required include FSEs which only utilize "hot holding" or premade items reheated under lamps.

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

The issuance of a FOG wastewater discharge permit may contain any or all of the following conditions or limits:

A. Limits on discharge of FOG and other priority pollutants, as established in the California Plumbing Code, as amended from time

B. Requirements for proper operation and maintenance of grease interceptors and other grease control devices.

C. Grease interceptor maintenance frequency and schedule.

D. Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device.

E. Requirements for maintaining and reporting status of best management practices.

F. Requirements for maintain and submitting logs and records, including waste hauling records and manifests from a California Department of Food and Agriculture (CDFA) certified hauler.

G. Requirements to self-monitor.

H. Requirements for the FSE to construct, operate and maintain, at its own expense, FOG control device and sampling facilities.

I. Additional requirements as otherwise determined to be reasonably appropriate by the FOG control program manager to protect the city's sewer system or as specified by other regulatory agencies.

J. Requirement for training for all employees annually and at the time of hiring.

K. Term of the permit.

L. Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter.

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

The FOG wastewater discharge permit application fee shall be as approved by resolution of the city council, as may be amended from time to time, and shall be paid by the applicant upon submittal of the required FOG wastewater discharge permit application for coverage under the FOG control program. Payment of all applicable fees or charges must be received by the city upon submission of the permit application. A permittee shall also pay any delinquent invoices in full prior to permit issuance or renewal. Fees are non-refundable and may not be waived.

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

An annual charge, as determined by resolution of the council, shall be collected from all non-exempt FSEs to cover the costs of administering the FOG control program.

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

A. FSEs that temporarily operate without a grease control interceptor may be required to pay an annual FOG control surcharge fee in addition to the annual FOG control program charge, to equitably cover the costs of increased maintenance of the sewer system as a result of the FSEs' inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow the new construction of or existing FSEs undergoing remodeling or change in operations to operate without an approved grease interceptor unless the city has determined that it is impossible or impracticable to install or operate a grease control interceptor for the subject facility as set forth in this chapter.

B. The amount of the annual FOG control surcharge fee shall be established by resolution of the city council, as may be amended from time to time, and shall be based on the estimated annual increased cost of maintaining the sewer system and for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device.

C. The city may recover its costs for inspections, sampling, abatement, and other enforcement activity deemed necessary when a responsible person is maintaining a condition or activity at an FSE in violation of the provisions of this chapter, regulations, and/or applicable local, state or federal law. Costs may include, without limitation, staff time and third party costs for sampling, laboratory analysis, treatment and other services.

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

A. FOG wastewater discharge permits shall be issued for a term of twelve (12) months commencing on the first day of the month when the permit application and fees/charges are received by the city. Annual renewal of FOG wastewater discharge permits will be made upon payment of the applicable fees/charges which will be invoiced with the applicant's annual city business license renewal notice.

B. A "limited food preparation" establishment is not considered a FSE and is exempt from obtaining a FOG wastewater discharge permit. Exempted establishments shall be engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing significant amounts of FOG, as established in the California Plumbing Code, as amended from time. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

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

FOG wastewater discharge permits issued under this chapter are for a specific FSE identified on the permit, for a specific operation, and create no vested rights. No permit holder shall assign, transfer, or sell any FOG wastewater discharge permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit. Any permit which is transferred to a new owner or operator or to a new facility is void.

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