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12.20.160.   FOG Wastewater Discharge Permit fee and consumption-based charge.
   A.   The FOG Wastewater Discharge Permit fee shall be paid by the applicant in an amount adopted by ordinance or resolution of the City Council of the City. Payment of permit fees must be 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.
   B.   In addition to the application fee, Food Service Establishments subject to this Chapter shall pay a monthly or bi-monthly fee (depending on water billing frequency) based on water consumption, to offset the costs to City for FOG Program costs associated with Food Service Establishment. The fee shall be set by resolution of the City Council and shall consist of two levels, or tiers:
      1.   Tier I: The standard fee paid by Food Service Establishments that fully comply with this Chapter per the conditions set forth in Section 12.20.060;
      2.   Tier II: A fee charged to those Food Service Establishments that do not or cannot fully comply with this Chapter and which discharge a volume of FOG in excess of those Food Service Establishments which fall in Tier 1 (High Volume Dischargers). The quantity of FOG discharge shall be determined by the FOG Control Program Manager through inspection or other means. After one year of being assigned to the Tier II level, a Food Service Establishment's fee level may be returned to the Tier I level if it can demonstrate, to the reasonable satisfaction of the FOG Control Program Manager, that it is no longer discharging an excessive amount of FOG into the City sewer system. Assignment to the Tier II level in no way relieves a Food Service Establishment of implementing the structural and/or non-structural source control measures necessary to comply with this Chapter.
(Ord. 3051 § 1 (part), 2004).