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12.20.080.   Variance.
   A.   Variance from Grease Interceptor Requirements. An existing Food Service Establishment may obtain a variance from the grease interceptor requirement to allow alternative pretreatment technology that is at least equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the Food Service Establishment demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The FOG Control Program Manager'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 public sewer.
      3.   The Food Service Establishment can demonstrate that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the Food Service Establishment 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 months, at its own expense. A variance may be granted if the results show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines.
      4.   The Food Service Establishment installs grease trap(s), as specified in Section 12.20.220.
      5.   The Food Service Establishment agrees to be placed at the Tier II rate (high volume discharge rate) of the Sewer Service Surcharge Fee Schedule for Food Service Establishments to cover the City's costs for additional inspection and line cleaning.
   B.   Period of Validity. The variance shall be valid only so long as the Food Service Establishment remains in compliance with all requirements of this Chapter, including, but not limited to, the requirements to apply for a new or renewed FOG Wastewater Discharge Permit and to implement Best Management Practices. The variance may be suspended or revoked if any of the terms and conditions for its issuance are not satisfied. Appeal of any suspension or revocation may be had as provided in sections 12.20.330 and 12.20.340.
(Ord. 3051 § 1 (part), 2004).