Tracy Municipal Code Art. 2 Regulations and Requirements

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. Furthermore, all food grinders shall be removed from all existing FSEs within 180 working days of the effective date of this chapter, except when expressly allowed, in writing, by the Director.

(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 Director is obtained.

(c) Disposal of waste cooking oil into the public sewer or storm drain is prohibited.

(d) Discharge of water or wastewater with temperatures in excess of 140 degrees Fahrenheit into any grease interceptor or grease control device is prohibited.

(e) 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.

(f) Discharge of any waste including FOG and solid materials removed from a grease control device to the public sewer is prohibited. Grease removed from grease interceptors shall be transported to an approved disposal or recycling facility.

(g) Operation of grease interceptors with FOG and solids accumulation exceeding twenty-five (25) percent of the design hydraulic depth of the grease interceptor is prohibited. The grease and solids layers combined shall not exceed twenty-five (25) percent of the total interceptor liquid depth.

(h) Increasing the use of water or in any other manner attempting to dilute a discharge as a way of achieving compliance with these regulations is prohibited.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

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. 1276, § 1(Att. A), 11-19-2019)

(a) All FSEs shall implement best management practices in accordance with the requirements and guidelines established by the city under its FOG control program in an effort to minimize the discharge of FOG to the sewer system.

(b) All FSEs shall be required, at a minimum, to comply with the following best management practices, when applicable:

(1) Installation of drain screens. Drain screens shall be installed on all drainage pipes, including floor drains, in food preparation, dishwashing, and mop sink areas.

(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 no leak. Licensed wastehaulers 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. No. 1276, § 1(Att. A), 11-19-2019)

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 chapter, subject to the waiver provisions of section 5.26.080. 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 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 connected to hot spots, or which have been determined to contribute significant FOG to the sewer system by the Director based on inspection or sampling, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install grease interceptors within 180 working days upon notification by the Director.

(2) Existing FSEs or FSEs that change ownership, that undergo remodeling or a change in operations as defined in section 5.26.030 of this chapter, shall be required to install a grease interceptor.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(a) 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 chapter.

(b) 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.

(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 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 inspection, grease removal, and wastewater sampling activities.

(e) 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.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

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

(b) All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the Director pursuant to this section.

(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 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 a FSE may submit a request to the Director requesting a change in the maintenance frequency at any time. The FSE has the burden of responsibility 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 1., and that it is in full compliance with the conditions of its permit and this chapter. 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 materials 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. Notice of any change to the maintenance frequency shall be given by written notice by the Director.

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

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

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

(b) 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 Director'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 at the beginning and one at the end of the three-month period), at its own expense. A variance may be granted if the results, as determined by the Director, show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines.

(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 granting of a conditional waiver however, the FSE or property owner may nonetheless 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 do 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 discharges 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.

(d) 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 section 5.26.190. 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 or more of the following findings:

(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 proposed grease interceptor and/or between the proposed grease interceptor and the upper lateral, the lower lateral, or the public sewer;

(3) 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.

(e) Application for Conditional Waiver of Requirement for Grease Interceptor. An FSE or property owner may submit to the Director an application for 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 determination by the Director that reasons are sufficient to justify such a waiver, as provided in subsections b, c, and d of this section.

(f) 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.

(g) 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.

(1) 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 that was previously issued and remains valid 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.

(2) Prior to making the final determination to revoke a conditional waiver the Director shall review and consider the written information provided pursuant to subsection (g)(1) of this section.

(3) The determination of the Director to revoke a conditional waiver granted pursuant to this section shall be set forth in a 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 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 or more of the findings made by the Director pursuant to subsection b, c, or d 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. No. 1276, § 1(Att. A), 11-19-2019)

Any owner, or official designee, of a commercial and/or institutional property where one or more FSEs are located shall be responsible for the installation and maintenance of the grease interceptor(s) serving the FSEs that are located on that property, as required by this chapter.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

Upon request by the Director:

(a) Any FSE and/or property owner may be required to 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 chapter or the requirements of any other regulatory agency.

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

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(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 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. No. 1276, § 1(Att. A), 11-19-2019)

(a) The Director may require periodic reporting of the status of implementation of kitchen 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 kitchen BMPs, or has failed to abide by any condition imposed upon a conditional waiver granted pursuant to section 5.26.080 of this chapter, the Director may require visual closed circuit television inspection 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 chapter. 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 chapter and shall be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in this chapter. The FSE and property owner shall be responsible for any and all costs and expenses of the City in undertaking such monitoring analyses and preparation of reports and such costs and expenses are deemed a debt of the owner of the pertinent FSE and the property owner to the City, enforceable and collectable as provided by law.

(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 chapter.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(a) The Director may inspect and sample or order the inspection and sampling of the wastewater discharges of any FSE to ascertain whether the intent of these regulations is being met and 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.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

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. 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 practices.

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

(c) Copies of records and manifests of wastehauling 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 private lateral or private sewer system.

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

(Ord. No. 1276, § 1(Att. A), 11-19-2019)

(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.

(b) SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. 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.

(c) 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 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.

(Ord. No. 1276, § 1(Att. A), 11-19-2019)