A. Variance from grease interceptor requirements. A variance or a conditional waiver from the grease interceptor requirements on such terms and conditions as may be established by the City Manager, consistent with the requirements of the sewer WDRs, the city’s FOG control program, the FOG Control Manual, and best construction, engineering, environmental and health and safety practices, to:
1. Allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, may be granted by the City Manager to food facilities demonstrating to the City Manager’s satisfaction that it is impossible or impracticable to install, operate or maintain a grease interceptor; or
2. Where the food facility demonstrates to the City Manager’s satisfaction that any FOG discharge from the food facility is negligible and will have an insignificant impact to the sewer system.
B. Waiver from grease interceptor installation with a grease disposal mitigation fee. For food facilities where the installation of a grease interceptor is not feasible and no equivalent alternative pretreatment device can be installed, a waiver from the grease interceptor requirement may be granted by the City Manager with the imposition of a grease disposal mitigation fee as described in § 13.00.545. The City Manager’s determination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the City Manager determines to be appropriate and consistent with the sewer WDRs, the city’s FOG control program, the FOG Control Manual, and best construction, engineering, environmental and health and safety practices. Provided, however, that such waiver will terminate and a grease interceptor will be installed at the FSE when the operator of the FSE or the owner of the property upon which the FSE is located either:
1. Applies for any discretionary permit, including but not limited to a conditional use permit; or
2. Conducts any remodeling to a food facility which involves construction valued at fifty thousand dollars ($50,000) or more requiring a building permit and which involves any one (1) or combination of the following:
a. Under-slab plumbing in the food processing area;
b. A thirty percent (30%) increase in the net public seating area;
c. A thirty percent (30%) increase in the size of the kitchen area; or
d. Any change in the size or type of food preparation equipment.
C. Application for waiver or variance of requirement for grease interceptor.
1. A food facility may submit an application for waiver or variance from the grease interceptor requirement to the City Manager. Terms and conditions for issuance of a variance to a FSE shall be set forth in the permit.
2. The City Manager may revoke a waiver or variance at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists.
(Ord. 1137, passed 4-20-10)