Mountain House Municipal Code Ch. 3 Fog Disposal Requirements

In an effort to minimize the discharge of FOG to the sewer system, all FSEs shall be required, at a minimum, to comply with the following best management practices, when applicable:

(1) Installation of drain screens. Small-mesh drain screens shall be installed on all drainage pipes, including floor drains, in food preparation, dishwashing, and mop sink areas. Such drain screens shall be intact and functional.

(2) Segregation and collection of yellow grease. All yellow grease 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, and all manifests and paperwork shall be available for inspection by the City.

(3) Disposal of food waste. All food waste shall be disposed of directly into the trash or garbage and not into sinks. Double-bagging food wastes that have the potential to leak in trash bins is highly recommended.

(4) Maintenance of kitchen exhaust filters. Kitchen exhaust filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning kitchen exhaust filters, floor mats, and kitchen equipment shall be disposed of in compliance with these regulations.

(5) Employee training. At the time of hiring and at least annually, employees of the FSE shall be trained by ownership/management or permittee on the following subjects:

(i) How to "dry wipe/scrape" pots, pans, dishware, utensils, equipment and work areas into containers, such as trash cans or bins, before washing to remove FOG;

(ii) How to properly dispose of garbage, food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors;

(iii) The location and use of absorption products to clean under fryer baskets and other locations where FOG may be spilled or dripped;

(iv) How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling/splashing.

Training shall be documented, and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the Director or designee. Training records shall be retained for a minimum of three (3) years.

(Ord. 2024-23, § 1(Exh. A), 2024)

Every FSE is required at the time of construction, remodel, and/or change in operations to install, operate and maintain a grease interceptor necessary to maintain compliance with the objectives of this Division unless a waiver has been obtained pursuant to Section 5304. The grease interceptor installed shall be adequate to separate and remove FOG contained in wastewater from the FSE prior to discharge to the public sewer as determined by the most current edition of the California Plumbing Code. Fixtures, equipment, and drain lines located in the food preparation and clean-up areas of an FSE shall be connected to the grease interceptor. Dishwashers shall not 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 the installation of grease interceptor(s) prior to commencing discharges of wastewater to the sewer system.

(Ord. 2024-23, § 1(Exh. A), 2024)

(1) All FSEs shall provide wastewater acceptable to the City under the requirements and standards established herein before discharging to any City sewer. Any FSE required 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 Division.

(2) Grease interceptor design, construction, sizing, and installation shall conform to the most current edition of the California Plumbing Code. Grease interceptors shall have a minimum of two (2) compartments.

(3) The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection by the City, cleaning, and removal of accumulated grease.

(4) An access manhole, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and each sanitary tee within the interceptor. The access manholes shall extend at least to finished grade and be designed and maintained to prevent the entry of groundwater or stormwater runoff. The manholes shall also have readily removable covers to facilitate City inspection, grease removal, and wastewater sampling activities.

(5) All grease interceptors are required to have grease retention fittings as designed for proper function. Any interceptor that does not have grease retention fittings shall be repaired and/or retrofitted with appropriate grease retention fittings by the FSE.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Grease interceptors shall be maintained in efficient operating conditions by periodic FSE inspection and removal of the full content of the interceptor, which includes wastewater, accumulated FOG, floating materials, sludge, and solids.

(b) All grease interceptors shall be maintained at a minimum of once a year as approved by the Director.

(c) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

(d) FSEs with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency of the grease interceptors.

(e) The maintenance frequency for all FSEs with a grease interceptor shall be determined in 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 does not exceed twenty-five (25) percent of the total design 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 discharged to the sewer system.

(2) All FSEs with a grease interceptor shall maintain their grease interceptor not less than every six (6) months.

(3) Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in subsection (e)(1) has not been established. The maintenance frequency shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in subsection (e)(1) and guidelines adopted pursuant to the FOG Control Program. The City may change the 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 food service establishment, the maintenance frequency may increase or decrease.

(4) The owner/operator of an FSE may submit a request to the Director requesting a change in the maintenance frequency at any time. The FSE has the burden to demonstrate 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 (e)(1) to the City's satisfaction and that it is in full compliance with the conditions of its permit and this Division. Upon determination by the Director that the requested revision is justified, the permit shall be revised accordingly to reflect the change in maintenance frequency.

(5) If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in subsection (e)(1), the FSE shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other material are completely removed from the grease interceptor. If deemed necessary, the Director may also increase the maintenance frequency of the grease interceptor from the current frequency. Written notice by the Director shall give notice of any change to the maintenance frequency.

(6) Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be disposed of off-site properly by waste haulers in accordance with federal, state and/or local laws.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Subject to the limitations contained in subsections (b) and (c) of this Section, the Director may grant a conditional waiver of the requirement to install a grease interceptor.

(b) The FSE provides evidence to the Director that an alternative pretreatment technology is equivalent to 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 by the Public Works Director or his designee, 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. If the Director determines that the results of the visual monitoring demonstrate no visible accumulation of FOG in the FSE's lateral and/or tributary downstream sewer lines, he/she may grant a conditional waiver.

(c) The Director may grant for new construction, including remodels, a conditional waiver to any FSE and/or property owner that the Director determines to have negligible FOG discharge and insignificant impact to the public sewer. Notwithstanding the issuance of a conditional waiver, the FSE or property owner may be required to provide space and plumbing segregation for future installation of a grease interceptor. In making the determination as to whether to grant the conditional waiver, the Director shall make all of the following findings:

(1) The quantity of FOG discharge as measured or indicated by the size of the FSE based on kitchen ventilation requirements, water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions does not indicate that the FSE will materially contribute to existing or potential FOG discharges.

(2) The FSE does not appear to be a significant contributor of FOG into the sewer system, which is based on an inspection of the property or sampling of FOG discharged from the FSE to the sewer system.

(3) The FSE has adopted and implemented adequate BMPs and has no recent history of non-compliance with the City's FOG related regulations and requirements.

(4) The size, grade, and condition of the sewer lines serving the FSE do not indicate that the FSE has discharged an excessive amount of FOG in the sewer, and the history of maintenance, blockages, and SSOs in the public sewer lines receiving flow from the FSE does not deviate substantially from those experienced in other adjacent sewer lines.

(5) There is no reason to believe that the operations of the FSE will change in the foreseeable future in a manner that may significantly increase the amount of FOG the FSE will discharge.

(6) There is no other condition reasonably related to the generation of FOG discharged into the sewer by the FSE that will, in the sound judgment of the Director, warrant the denial of the conditional waiver in the interest of protecting the public health, safety, and welfare.

(7) Where the installation of a grease interceptor in an existing structure is not feasible, an FSE and/or property owner may be granted a conditional waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in Chapter 5. Additional requirements may also be imposed to mitigate the discharge of FOG into the public sewer. The Director's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon one (1) or more of the following findings:

(i) There is inadequate space for installation and/or maintenance of a grease interceptor;

(ii) There is an inadequate slope for gravity flow between kitchen plumbing fixtures and the proposed grease interceptor and/or between the proposed grease interceptor and the upper lateral, the lower lateral, or the public sewer.

(8) Any other condition reasonably related to the installation, operation, maintenance and/or inspection of a grease interceptor, which makes installation and/or maintenance of a grease interceptor infeasible.

(9) Application for Conditional Waiver of Requirement for Grease Interceptor. An FSE or property owner may submit to the Director an application for a conditional waiver from the grease interceptor requirement. The party applying for the conditional waiver bears the burden of demonstrating that the installation of a grease interceptor is not feasible or otherwise required. A waiver may be issued upon a determination by the Director that reasons are sufficient to justify such a waiver, as provided in subsections (c)(1), (2), and (3) of this section.

(10) Terms and Conditions of Waiver. The conditional waiver shall contain the terms and conditions that serve as the basis for its issuance. A waiver may be revoked by the Director at any time upon his or her determination that any of the terms or conditions for its issuance have not been satisfied or if the conditions upon which the waiver was based have changed so that the justification for the waiver no longer exists. The waiver shall be valid so long as the FSE remains in compliance with the terms and conditions until the expiration date specified in the waiver, or until the conditional waiver is revoked.

(11) Revocation of Conditional Waiver of the Requirement to Install a Grease Interceptor. The Director may revoke any conditional waiver of the requirement to install a grease interceptor granted pursuant to this Section, subject to the procedures and limitations provided in this subsection.

(12) Should the Director determine that, due to changed circumstances or failure to comply with the terms or conditions imposed upon the issuance of the conditional waiver, a conditional waiver should be revoked, the Director shall provide notice by regular mail to the owner of the affected FSE and the property owner no less than thirty (30) days prior to the proposed effective date of the revocation. The notice shall provide an explanation of the facts and circumstances that the Director has determined warrant revocation of the conditional waiver and an opportunity to respond in writing to the Director with information and evidence to justify the continuation of the conditional waiver in accordance with its terms and conditions.

(13) Prior to making the final determination to revoke a conditional waiver, the Director shall review and consider the written information provided pursuant to subsection (c)(9).

(14) The determination of the Director to revoke a conditional waiver granted pursuant to this Section shall be set forth in writing provided to the owner of the affected FSE and the property owner by regular mail and shall be based on the Director's reasonable determination that one (1) or more of the following circumstances exists or has occurred:

(i) The owner of the affected FSE and/or the property owner has failed to abide by any term or condition imposed upon the conditional waiver;

(ii) One (1) or more of the findings made by the Director pursuant to subsections (c)(1), (2) or (3) of this section, due to changes in the operation of the FSE, changes in the condition, use or available capacity of the sewers serving the FSE or other changed circumstances, are no longer true; or

(iii) A change in law bearing upon the use or operation of the City's sanitary sewer system requires the revocation of the conditional waiver.

(Ord. 2024-23, § 1(Exh. A), 2024)

Any owner, or agent, of a commercial and/or institutional property where one (1) or more FSEs are located shall be responsible for the installation and maintenance of the grease interceptor(s) serving the FSEs located its property, as required by this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) Upon request by the Director, any FSE and/or property owner shall submit to the City two (2) copies of facility site plans, floor plans, mechanical and plumbing plans, detail drawings showing all sewer locations and connections, and schematic drawings of grease interceptors, FOG control devices or other FOG control equipment and appurtenances by size, location, and elevation. The submittal shall be in a form and content acceptable to the Director for review of the existing or proposed grease control device, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the FSE of the responsibility of modifying the facilities or procedures in the future as necessary to produce an acceptable discharge and to meet the requirements of this Division or the requirements of any other regulatory agency.

(b) The Director may require the drawings to be prepared by a California registered civil, chemical, mechanical, or electrical engineer.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The Director may require the FSE or property owner to construct and maintain in proper operating condition at their sole expense, flow monitoring, water quality monitoring, and/or sampling facilities.

(b) The location of the monitoring facilities shall be representative of actual discharge conditions.

(c) FSEs and/or owners of premises where wastewater is generated and discharged to the sewer system shall allow the Director and his/her designees immediate and safe access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time.

(d) The FSE or property owner shall, upon request, submit to the Director waste analysis plans, contingency plans, and other necessary information to verify compliance with these regulations.

(e) Testing procedures for waste constituents and characteristics shall be as provided in 40 Code of Federal Regulations 136.

(f) In the event of an emergency involving an actual or imminent SSO, the Director and designees may access adjoining businesses or properties that share a public sewer with an FSE in order to prevent or remediate the actual or imminent SSO.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The Director may require periodic reporting from FSEs on implementation of BMPs in accordance with the FOG Control Program.

(b) If, following an inspection of the FSE, it is apparent that the FSE has not used or maintained its grease interceptor or grease removal device, has failed to properly implement BMPs, or has failed to abide by any condition imposed upon a conditional waiver granted pursuant to this Division, the Director may require visual closed-circuit television inspection to be conducted at the sole expense of the FSE or property owner to observe the actual conditions of the sewer lateral serving the property and sewer lines downstream.

(c) The Director may require reports for self-monitoring of wastewater constituents and FOG characteristics from the FSE or property owner needed for determining compliance with any conditions or requirements as specified in this Division. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in a manner and form approved by the Director and shall be submitted upon request of the Director. Failure by the FSE or property owner to perform any required monitoring or to submit monitoring reports required by the Director constitutes a violation of this Division. Upon such violation, the Director may take any action he/she considers necessary to determine compliance with this Division. The FSE and property owner shall be responsible for any and all costs and expenses incurred by the City in such instance and, if unpaid, such costs and expenses are deemed a debt of the FSE and the property owner to the City, which, if not remitted to the City, may be assessed as a special assessment lien in the same manner and at the same time as property taxes.

(d) Other reports may be required by the Director, such as compliance schedule progress reports, FOG control monitoring reports, grease interceptor, and grease removal device operation and maintenance reports, and any other reports deemed reasonably appropriate by the Director to ensure compliance with this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)

(a) The Director may inspect and sample or order the inspection and sampling of the wastewater discharges of any FSE to ascertain whether the FSE is complying with all requirements. The FSE shall allow access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's grease control devices or interceptor, reviewing the manifests, receipts, and invoices relating to the cleaning, maintenance, and inspection of the grease control devices or interceptor.

(b) The Director shall have the right to place or order the placement on the FSE's property, or other locations as determined by the Director, such devices as are necessary to conduct sampling or metering operations. Where an FSE or property owner has security measures in force, the FSE or property owner shall make necessary arrangements so that the Director and/or an inspector shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

(c) In order for the Director to determine the wastewater characteristics of the FSE for purposes of determining compliance with this Chapter, the FSE shall make available for inspection and copying by the Director, an inspector, an enforcement officer and/or service personnel, all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation and wastewater disposal. All such records shall be kept by the FSE a minimum of three (3) years from the date of their creation.

(Ord. 2024-23, § 1(Exh. A), 2024)

The FSE and property owner shall be required to maintain on the FSE premises copies of all manifests, receipts, and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier, and disposal site location for no less than three (3) years from the date such records were created. The FSE and property owner shall, upon request, make the manifests, receipts, and invoices available to the Director, any inspector and/or enforcement officer, and the public. These records shall be kept in the binder provided by the City and include, but are not limited to:

(a) A record of grease interceptor, grease trap, or grease control device cleaning and maintenance.

(b) A record of best management practices being implemented, including employee training.

(c) Copies of records and manifests of waste hauling interceptor contents.

(d) Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptors.

(e) Records of any spills and/or cleaning by the FSE or FSE's contractor of a private lateral or private sewer system.

(f) Any other information deemed appropriate by the Director to ensure compliance with this Division.

(Ord. 2024-23, § 1(Exh. A), 2024)