A. Permit required. No food facility or food service establishment shall conduct or otherwise be open for business, or serve or provide food, unless the owner or operator, or authorized agent or representative thereof, first applies for and obtains a FOG wastewater discharge permit pursuant to this chapter.
B. Prohibited discharges. No person shall discharge or cause, allow or permit to be discharged, any wastewater from any food facility or food service establishment, directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter. Compliance with this chapter must be demonstrated at the time any business license is issued for a food facility or food service establishment, or any business in which a food facility or food service establishment is operated.
C. Permit provisions. FOG wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city and any other regulatory agency. The provisions of the FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations and other provisions of this code.
D. FOG wastewater discharge permit application.
1. Any person required to obtain a FOG wastewater discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the City Manager and shall provide the city such information and documents as the City Manager determines is necessary and appropriate to properly evaluate the application. The applicable fees shall accompany the application.
2. After evaluation of the data furnished, the City Manager may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this article and as otherwise determined by the City Manager to be appropriate to protect the city’s sewer system.
E. FOG wastewater discharge permit conditions. The issuance of a FOG wastewater discharge permit may contain any or all of the following conditions or limits as determined by the City Manager:
1. Limits on discharge of FOG and other priority pollutants;
2. Requirements for proper operation and maintenance of grease interceptors and other grease control devices;
3. Grease interceptor or other grease control device maintenance frequency and schedule;
4. Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device;
5. Requirements for maintaining and reporting status of best management practices;
6. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests;
7. Requirements to self-monitor;
8. Requirements for the food facility to construct, operate and maintain, at its own expense, FOG control devices and sampling facilities;
9. Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with this chapter, the sewer WDRs and other applicable laws, rules and regulations, including any NPDES permit applicable to the city; and/or
10. Additional requirements, terms and conditions as otherwise determined to be reasonably appropriate by the City Manager to protect the city’s system or as specified by other regulatory agencies or which may be reasonably applicable to ensure compliance with this chapter as determined by the City Manager.
F. FOG wastewater discharge permit fee.
1. A charge to cover all costs of the city for providing the sewer service and monitoring shall be established by ordinance or resolution of the City Council.
2. The FOG wastewater discharge permit fee shall be paid by the applicant and received by the city prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal.
G. FOG wastewater discharge permit modification of terms and conditions.
1. The terms and conditions of an issued FOG wastewater discharge permit may be subject to modification and change by the sole determination of the City Manager during the life of the permit based on:
a. The discharger’s current or anticipated operating data;
b. The city’s current or anticipated operating data;
c. Changes in the requirements of regulatory agencies which affect the city; or
d. A determination by the City Manager that such modification is appropriate to further the objectives of this chapter.
2. The permittee may request a modification to the terms and conditions of an issued FOG wastewater discharge permit. The request shall be in writing stating the requested change, and the reasons for the change. The City Manager shall review the request, make a determination on the request, and respond in writing. The permittee shall be informed of any change in the FOG wastewater discharge permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the discharge permit shall include a reasonable time schedule for compliance.
H. FOG wastewater discharge permit duration and renewal. FOG wastewater discharge permits shall
Prior to expiration of the FOG wastewater discharge permit, the user shall apply for renewal of the discharge permit in accordance with the provisions of this chapter.
I. Exemption from FOG wastewater discharge permit. A limited food preparation establishment, as defined herein, is not considered a food facility 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 amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
J. Non-transferability of permits. FOG wastewater discharge permits issued under this chapter are for a specific food facility, for a specific operation and create no vested rights. No permit holder shall assign, transfer, 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 FOG wastewater discharge permit, which is transferred to a new owner or operator or to a new facility, is void.
(Ord. 1137, passed 4-20-10)