Merced Municipal Code Art. 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. 2402, § 6, 12-17-2012)

No FSE shall discharge or cause to be discharged FOG into the public sewer that exceeds a concentration level adopted by the city or any local, state or federal agency or that may accumulate and/or cause or contribute to blockages or SSOs in the public sewer or the FSE's sewer lateral.

(Ord. No. 2402, § 6, 12-17-2012)

A. The discharge of FOG into the public sewer or sewer lateral that causes or contributes to an SSO or blockage of the public sewer or sewer lateral may cause a threat or injury to public health, safety, and welfare of life and property and is hereby declared a public nuisance that may be abated pursuant to the provisions of this chapter or Chapter 8.40 of this Code or by any means otherwise provided by law.

B. Any FSE determined by the city engineer to have caused or contributed to an SSO or blockage in the public sewer or sewer lateral 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 created by such SSO or blockage.

C. SSOs or blockages in the public sewer or sewer lateral caused by the FSE in whole or in part are the responsibility of the private property owner and the owner of the FSE.

D. If the city engineer determines that the public health and safety require the city to act immediately to contain and clean up an SSO caused by the FSE, to clear a blockage in the public sewer or sewer lateral caused by the FSE, or to make any repairs to the public sewer or sewer lateral needed as a result of an SSO or blockage caused by the FSE, the property owner and the owner of the FSE shall be jointly and severally liable for the city's costs for such abatement. The city's abatement costs shall constitute a debt to the city, due and payable upon demand and collectible in any manner provided by law.

(Ord. No. 2402, § 6, 12-17-2012)

Every FSE shall implement BMPs in its operations, in accordance with the requirements and guidelines established by the city engineer, 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 FSEs are required, at a minimum, to comply with the BMPs set forth therein as well as any additional BMPs established by the city engineer. 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. 2402, § 6, 12-17-2012)

FSEs 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 engineer.

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

C. Disposing waste cooking oil into the public sewer or storm drain. All waste cooking oils shall be collected and stored properly in receptacles such as rendering bins, barrels or drums for recycling or other acceptable methods of disposal.

D. Discharging wastewater with temperatures in excess of 140°F into any grease control device, including, but not limited to, grease traps and grease interceptors.

E. Discharging wastes containing fecal materials from toilets, urinals, washbasins or other fixtures to waste lines directed to a grease control device, or vice versa.

F. Discharging FOG or solid materials removed from a grease control device to the public sewer. Grease removed from grease control devices shall be waste hauled to an approved disposal site as part of the operation and maintenance requirements for grease control devices.

G. Operating grease interceptors with FOG and solids accumulation exceeding twenty-five (25) percent of the design hydraulic depth of the grease interceptor. The grease and solids layers combined shall not exceed twenty-five (25) percent of the total interceptor liquid depth to avoid overloading the interceptor.

H. Discharging FOG or other pollutants above the local discharge limits set forth in Chapter 15.24 of the Merced Municipal Code.

(Ord. No. 2402, § 6, 12-17-2012)

Every FSE is required at the time of construction, remodel, and/or change in operations to 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 15.30.100. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater from FSEs prior to discharge to the public sewer as determined by the most current edition of the California Plumbing Code (CPC). Fixtures, equipment, and drain lines located in the food preparation and clean up areas of any FSEs that are a source of FOG discharges shall be connected to the grease interceptor.

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 (1,000) gallons, prior to commencing discharges of wastewater to the public sewer.

B. Existing FSEs.

1. Any existing FSE, which, in the city engineer's determination, has caused or contributed to an SSO or grease-related blockage in the public sewer or the sewer lateral, has one (1) or more sewer laterals connected to a hot spot 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 a grease interceptor within one hundred eighty (180) days of written notification by the city engineer.

2. Any existing FSE or FSE that changes ownership or that undergoes remodeling and/or a change in operations, as defined in Chapter 15.04, shall be required to install a grease interceptor or to obtain a variance or waiver in accordance with Section 15.30.100.

(Ord. No. 2402, § 6, 12-17-2012)

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

(Ord. No. 2402, § 6, 12-17-2012)

A. Any FSE 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 and installation shall conform to Chapter 10 Traps and Interceptors of the most current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the city engineer and shall have a minimum of two (2) compartments with fittings designed for grease retention. The city engineer reserves the right to make determinations of grease interceptor size, adequacy, location and need, based on review of relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and or inspection needs.

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

D. An access manhole, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber. The access manholes shall extend at least to finished grade and be designed and maintained to prevent inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

(Ord. No. 2402, § 6, 12-17-2012)

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 engineer.

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 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. 2402, § 6, 12-17-2012)

A. Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full contents of the interceptor, which includes wastewater, accumulated FOG, floating materials, sludge and solids.

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

C. 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 retrofitted with appropriate grease retention fittings.

D. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, public sewer, storm drain or public right-of-way, or onto the surface of any street or parking area.

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

F. The required maintenance frequency for every FSE with a grease interceptor shall be determined by the city engineer by one (1) of the following methods:

1. 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 (25) 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.

2. Every FSE with a grease interceptor shall fully pump out and clean its grease interceptor not less than once every six (6) months.

3. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in subsection (F)(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 subsection (F)(1) and guidelines adopted by the city 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.

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

5. If the grease interceptor, at any time, contains FOG and solids accumulation exceeding the requirements described in subsection (F)(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 engineer may also increase the required maintenance frequency of the grease interceptor.

G. Wastewater, accumulated FOG, floating materials, sludge/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 engineer may direct city staff or a city contractor to pump and clean an FSE's grease interceptor if the FSE has failed to comply with the terms of this chapter. The FSE owner and property owner shall be jointly and severally responsible for any and all expenses of the city in undertaking such work, and such expenses are deemed a debt of the FSE owner and the property owner to the city, enforceable and collectible as provided by law.

(Ord. No. 2402, § 6, 12-17-2012)

A. Variance From Grease Interceptor Requirements. An FSE may request that the city engineer grant a variance from the grease interceptor requirements in Section 15.30.070 to allow for the installation of an alternative grease control device in lieu of a grease interceptor, if the FSE demonstrates that the alternative grease control device equals or exceeds the effectiveness of a grease interceptor, and that it is impossible or impracticable to install, operate or maintain a grease interceptor. The city engineer'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 public sewer.

3. The FSE can prove that the alternative grease control device is equally or more effective than a grease interceptor in controlling its FOG discharge. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative grease control device its effectiveness to control FOG discharge through downstream visual monitoring of the public sewer, for at least three (3) months at its own expense. A variance may be granted if the results show no visible accumulation of FOG in the FSE's sewer lateral and/or tributary downstream sewer lines. Any variance issued pursuant to this section may be revoked at any time in the discretion of the city engineer.

B. Conditional Waiver of Requirement to Install Grease Interceptor. A conditional waiver of the requirement to install a grease interceptor may be granted for FSEs that the city engineer determines to have negligible FOG discharges and an insignificant impact to the public sewer. Although a waiver from installation of a grease interceptor may be granted, the FSE may be required to provide space and plumbing segregation for future installation of a grease interceptor. The city engineer'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 discharges 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.

2. Adequacy of implementation of BMPs and compliance history.

3. 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.

4. Changes in operations that significantly affect FOG discharge.

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

C. Waiver of Grease Interceptor Installation Requirement With a Grease Disposal Mitigation Fee. Where the installation of a grease interceptor is not feasible and no equivalent alternative grease control device can be installed, an FSE may be granted a waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in Section 15.30.120. Additional requirements may also be imposed to mitigate the discharge of FOG into the public sewer. The city engineer'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:

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

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

3. The FSE does not qualify for a variance from the requirement to install a grease interceptor pursuant to subsection A.

D. Application for Variance or Waiver of Grease Interceptor Installation Requirements. An FSE may submit to the City of Merced Industrial Waste Division an application for a waiver or variance from the grease interceptor requirements in Section 15.30.070. The FSE bears the burden of demonstrating that the installation of a grease interceptor is not feasible or otherwise required. Upon determination by the city engineer that issuance of a variance or waiver is justified, the city engineer will issue or revise the FOG WDP to include the variance or waiver and relieve the FSE from the grease interceptor requirements.

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 engineer at any time upon his or her determination that any of the terms or conditions for its issuance are 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. Unless the variance or waiver is revoked pursuant to this paragraph, the variance or waiver shall be valid until the expiration date specified in the variance or waiver.

(Ord. No. 2402, § 6, 12-17-2012)