(A) Registration of FSEs. No FSE shall discharge, or cause to be discharged any wastewater from an FSE directly or indirectly into the sewer system without first registering with the city. Registration under this subchapter is for a specific food service establishment, for a specific operation and creates no vested rights.
(B) Transfer of ownership. A registered holder shall not assign, transfer, or sell any certificate issued under this subchapter. If the ownership of the FSE is transferred to a third party, the current certificate null and void on the date of transfer. The new owner shall:
(1) Notify the utility within 5 calendar days after taking ownership of the FSE; and
(2) Apply for a new certificate within 15 calendar days after notifying the utility.
(C) Change of authorized representative. An FSE shall notify the Director within 15 calendar days when a new authorized representative assumes responsibility as the authorized representative.
(D) Remodeling or change of menu. An FSE shall notify the Director 15 calendar days prior to undertaking any remodeling or improvements.
(1) If an existing FSE is proposing to remodel its facility, the FSE shall notify the utility no less than 15 calendar days prior to the commencement of the work.
(2) Any existing entity that expands its operations to include a new FSE shall be required to notify the utility no less than 15 calendar days prior to the commencement of the work.
(3) Any existing FSE that expands or changes the scope of its menu shall be required to notify the utility no less than 15 calendar days prior to implementing the change.
(E) Best management practices. All FSEs shall implement best management practices in its operation to minimize the discharge of FOG to the sewer system.
(F) FOG spill plan. Each FSE shall develop a plan that outlines measures to be taken in the event of a FOG spill. This plan shall be used to prevent the accidental discharge of FOG into the POTW. Each FSE shall submit a FOG spill plan to the Director.
(G) Confidential information.
(1) Information and data on an FSE obtained from questionnaires, applications, monitoring programs, inspections, and reports shall be available to the public or other governmental agency without restriction unless the FSE specifically requests in writing and is able to demonstrate to the satisfaction of the Director that the information is not disclosable pursuant to federal or state law. Wastewater quantities and wastewater constituents and characteristics are subject to disclosure.
(2) The portions of a report which disclose trade secrets or confidential information shall be made available upon written request to governmental agencies for uses related to this subchapter, the NPDES permit or the pretreatment program. Such portions of a report shall be available for use by the state or any state agency in judicial review or enforcement proceedings involving the person furnishing the report.
(3) The EPA shall have immediate and unlimited access to all information compiled as part of the pretreatment program, including confidential documents.
(H) Shared appurtenances. If more than 1 FSE shares appurtenances, such as, but not limited to, control manholes, grease control devices or lateral sewer lines and the following occurs:
(1) There is a FOG discharge problem; and
(2) The source cannot be determined; then the property owner shall be subject to enforcement action. In addition, the property owner shall be responsible to install separate appurtenances including, but not limited to, a control manhole or grease control devices.
(Ord. 5434, passed 4-6-2015; Am. Ord. 5745, passed 7-1-2019)