Wheatland Municipal Code Art. II Regulations

No person shall discharge, or cause to be discharged, any wastewater from an FSE, directly or indirectly, into the public sewer without first obtaining a FOG WDP pursuant to this chapter.

(Ord. 417 § 2, 2009)

No FSE shall discharge FOG, or cause FOG to be discharged into the public sewer that causes an SSO, exceeds a concentration level set forth in Section 13.16.040 or that may accumulate and/or cause or contribute to blockages in the public sewer or the public sewer lateral which connects the FSE to the public sewer.

(Ord. 417 § 2, 2009)

A. If the director determines that any FSE caused or contributed to a sewer blockage, SSO or any public sewer obstruction resulting from the discharge of wastewater or waste containing FOG, the director shall order that FSE to install and maintain a grease interceptor.

B. SSOs may cause threat and injury to public health, safety, and welfare of life, property and the environment, and are hereby declared public nuisances. The director may, at his or her discretion require the FSE to be subject to a plan to abate the nuisance created by sewer line failure, blockage, SSO or any other public sewer obstruction.

C. Any sewer lateral failure and/or SSO caused in whole or in part by an FSE is the responsibility of the private property owner, FSE, and/or individual who is a responsible officer or owner of the FSE.

D. If the director determines that the public health and safety require the city to act immediately to contain and clean up any SSO caused by blockage of a private or public sewer lateral or system serving an FSE, or if the city so acts at the request of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, the environment or property of the public, the city may hold the property owner, owner/operator of the FSE, and/or those individuals who are responsible officers of the FSE responsible for costs the city incurs abating the public nuisance. These costs constitute a debt to the city, and are due and payable upon the city's request for reimbursement of such costs. The city may base its request for reimbursement on the director's determination of the cause of the SSO.

(Ord. 417 § 2, 2009)

Every FSE shall implement and/or exercise BMPs in its operations, in accordance with the requirements and guidelines established by the director, 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. Each FSE comply with the BMPs set forth in the FOG WDP, as well as any additional BMPs established by the director. BMPs may include, but are not limited to kitchen practices and employee training procedures that are essential in minimizing FOG discharge to the grease control device and/or public sewer.

(Ord. 417 § 2, 2009)

Every FSE is 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 director;

B. Introducing any additives into an FSE's plumbing system, grease trap and/or grease interceptor for the purpose of emulsifying FOG, biologically and/or chemically treating FOG for grease remediation and/or as a supplement to grease interceptor maintenance, unless a specific written authorization from the director 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 one hundred forty degrees Fahrenheit into any grease control device;

E. Discharging wastes containing fecal materials from toilets, urinals, washbasins or other fixtures to waste lines directed to grease control devices, or discharging FOG to toilets, urinals, washbasins or other fixtures;

F. Discharging a FOG and solid materials removed from a grease control device to the public sewer. Grease removed from grease control devices shall be hauled to an approved waste 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 percent of the design hydraulic depth of the grease interceptor; and/or

H. Discharging FOG and other pollutants above the local discharge limits set forth in Wheatland Municipal Code Section 13.16.040.

(Ord. 417 § 2, 2009)

At the time of construction, remodel, and/or change in operations, each FSE shall install, and thereafter operate and maintain, an approved type and adequately sized grease interceptor to comply with this chapter, subject to the variance and waiver provisions of Section 13.22.130. The grease interceptor 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 then current Uniform Plumbing Code. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of any FSEs that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

A. New Construction of FSEs. Prior to commencing discharges of wastewater to the public sewer, any newly constructed FSE shall install an approved type and adequately sized grease interceptor, with a minimum size of one thousand gallons.

B. Existing FSEs.

1. The director shall require an existing FSE to install a grease interceptor if the FSE is deemed determines that the FSE has reasonable potential to adversely impact the public sewer, which shall be established if the existing FSE: (a) caused or contributed to FOG-related blockage of the public sewer; (b) has one or more sewer laterals connected to hot spots; and/or (c) has contributed significant FOG to the public sewer. The director shall provide the FSE written notice that it has a reasonable potential to adversely affect the public sewer and that it therefore is required to install a grease interceptor. The FSE shall install the grease interceptor within one hundred eighty days after receipt of that written notice.

2. Any FSE that changes ownership or that undergoes remodeling and/or a change in operations, as defined in this chapter, shall be required to install a grease interceptor or to obtain a variance or waiver in accordance with Section 13.22.130.

(Ord. 417 § 2, 2009)

Any owner of a commercial property where FSEs are located, or the owner's official designee, shall be responsible for the installing, operating and maintaining a grease interceptor to serve all of the FSEs that are located on a single parcel.

(Ord. 417 § 2, 2009)

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 director.

B. Existing grease traps shall be maintained in an efficient operating condition by daily removal of the accumulate grease.

C. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning 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 cooked-on FOG and waste. Removable baffles shall be removed and cleaned during the daily maintenance process.

E. Dishwashers and food waste disposal units shall not discharge into, or be connected to, any grease trap.

(Ord. 417 § 2, 2009)

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 comply with this chapter.

B. Grease interceptor sizing and installation shall conform to the then current edition of the Uniform Plumbing Code. Grease interceptors shall be constructed in accordance with a design approved by the director or city engineer and shall have a minimum of two compartments with fittings designed for grease retention.

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 inches, shall be provided over each grease interceptor chamber and each sanitary tee. The access manhole shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manhole shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling.

(Ord. 417 § 2, 2009)

A. Grease interceptors shall be maintained in an efficient operating condition by periodic 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 in a manner consistent with the maintenance frequency approved by the director or city engineer.

C. 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.

D. No FOG that has been 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 located within the city.

E. The director or 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 in one of the following methods:

1. Grease interceptors shall be fully pumped out and cleaned at a frequency that prevents the combined FOG and solids accumulation in the grease interceptor from exceeding twenty-five percent of the total designed hydraulic depth of the grease interceptor. This ensures that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and prevent FOG from being discharged into the public sewer.

2. Each FSE with a grease interceptor shall fully pump out and clean its grease interceptor not less than once every six months, regardless of whether the grease interceptor is at or below twenty-five percent of its total design hydraulic depth.

3. Grease interceptors shall be fully pumped out and cleaned every three months when the frequency described in Section 13.22.120(B) has not been established. The maintenance frequency shall be adjusted when the director is provided sufficient data to enable him or her to establish an average frequency based on the requirements described in Section 13.22.120(B) 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 and/or FOG WDP permittee of an FSE may submit a written request to the director or city engineer for a change in the required maintenance frequency at any time. The FSE must demonstrate that the requested change in maintenance frequency reflects the actual operating conditions of the FSE based on the average FOG accumulation over time and meets the requirements described in Section 13.22.120(F)(1), and that it is in full compliance with the conditions of any applicable FOG WDP and this chapter. Upon a determination by the director or city engineer that the requested change is justified, the FOG WDP shall be revised to reflect the change in required maintenance frequency.

5. If the grease interceptor, at any time, contains FOG and/or accumulation of solids that exceed the requirements described in Section 13.22.120(F)(1) the FSE shall be required to have the grease interceptor serviced immediately to remove all FOG and other materials from the grease interceptor.

6. Notwithstanding any other provision of this chapter, the director or city engineer may increase the required maintenance frequency of any FSE's grease interceptor, at any time.

G. Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed of by waster haulers and/or at an approved disposal site in accordance with all applicable federal, state, and/or local laws.

(Ord. 417 § 2, 2009)

A. Variance from Grease Interceptor or Grease Trap Requirements. An FSE may request that the director or city engineer grant a variance from the grease interceptor or grease trap requirement to allow alternative pretreatment technology in lieu of a grease interceptor or grease trap, if: (1) the FSE demonstrates that the alternative pretreatment technology is equally or more effective than a grease interceptor or grease trap; and (2) it is impossible or impracticable to install, operate or maintain a grease interceptor or a grease trap. The director or city engineer's determination to grant a variance will be based upon, but not limited to, an evaluation of the following conditions:

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

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

3. The FSE can prove that the alternative pretreatment technology is equally or more effective than a grease interceptor or a grease trap in controlling its FOG discharge.

After obtaining the director's approval of, and after installing, the alternative pretreatment technology, the FSE must demonstrate, for three months and at its own expense, that the alternative pretreatment effectively controls FOG discharge by conducting downstream visual monitoring of the public sewer. A variance may be granted if the results show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines. Any variance issued pursuant to this section maybe revoked at any time in the discretion of the director or city engineer.

B. Conditional Waiver of Requirements to Install Grease Interceptor or Grease Trap. The director may grant a FSE a conditional waiver of the requirement to install a grease interceptor or a grease trap may be granted for FSEs that the director if he or she or city engineer determines that the FSE has negligible FOG discharge and an insignificant impact on the public sewer. Notwithstanding the grant of any conditional waiver, the director may require the FSE to provide space and plumbing segregation for future installation of a grease interceptor or a grease trap. The director or city engineer may revoke a conditional waiver at any time. The director's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, an evaluation of any of the following conditions:

1. Quantity of FOG discharge as measured or indicated by the size of the FSE, which shall be based on water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and any other conditions that, in the director's opinion, causes or contributes to FOG discharges;

2. Adequacy of implementation on BMPs and compliance history;

3. Sewer size, grade, and condition based on visual and other information; FOG deposition in the sewer by the FSE; and history of maintenance and SSOs caused or contributed to by FOG from the FSE;

4. Changes in operations that significantly affect FOG discharge; and/or

5. Any other condition that the director determines is reasonably related to FOG discharges.

C. Waiver of Grease Interceptor or Grease Trap Installation Requirement with a Grease Disposal Mitigation Fee. If the director determines that it is impossible or impracticable for the FSE to install a grease interceptor, grease trap, or any alternative pretreatment technology, then the director may grant an FSE a waiver. As a condition of the grant of such a waiver, the FSE shall be required to pay the city a grease disposal mitigation fee, as described in Section 13.22.160. The director also may impose additional requirements to mitigate the discharge of FOG into the public sewer. The director or city engineer's determination to grant a waiver upon the payment of a grease disposal mitigation fee and compliance with any additional mitigation measures will be based upon, but not limited to, an evaluation of the following conditions:

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

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

3. The use of alternative pretreatment technology is impossible and/or impracticable and therefore a variance from grease interceptor or grease trap installation to allow alternative pretreatment technology cannot be granted.

D. Application for a Variance, Conditional Waiver or Waiver from the Requirement of Installing a Grease Interceptor, Grease Trap and/or Any Alternative Pretreatment Technology. In order to obtain a variance, conditional waiver or waiver described in this section, an FSE must submit to the city an application for variance, conditional waiver or waiver from the grease interceptor, grease trap and/or alternative pretreatment technology requirement(s). The FSE is responsible for demonstrating that the installation of a grease interceptor, grease trap and/or alternative pretreatment technology is impossible and/or impracticable, or should otherwise not be required. Upon the director's determination by the director or city engineer that the reasons set forth in the FSE's application are sufficient to justify a variance, conditional waiver and/or waiver, the director shall issue or reissue the FOG WDP and include the variance, conditional waiver and/or waiver on that issued or reissued FOG WDP, which, on the date of issuance or reissuance, shall be effective.

E. Terms and Conditions of a Variance, Conditional Waiver or Waiver. An issued or reissued FOG WDP for any variance, conditional waiver or waiver shall contain the terms and conditions that serve as the basis for its issuance. A variance, conditional waiver or waiver may be revoked by the director or city engineer at any time upon his or her determination that any term and/or condition of the FOG WDP is not or has not been satisfied, or if any term and/or condition in the FOG WDP has changed such that the justification for the variance, conditional waiver and/or waiver no longer exists. The variance, conditional waiver and/or waiver shall be valid until the expiration date specified in the variance, conditional waiver or waiver, provided the FSE remains in compliance with the terms and conditions of the FOG WDP.

(Ord. 417 § 2, 2009)