(A) Generally. All facilities that prepare or serve food that may potentially introduce FOGs into the POTW are required to obtain a grease discharge permit. It is unlawful for any facility to knowingly discharge FOGs in amounts that cause, or may cause, obstruction to the flow in the POTW resulting in interference. False or misleading information on an application may result in the denial of the permit application, revocation of the permit if it has been issued, and/or the termination of water and sewer service, in addition to other penalties as provided in this code.
(B) Length. When an application has been reviewed and approved by the enforcement officer according to all rules in this chapter, and all appropriate fees have been paid, a permit will be issued for a period of not more than five years from the date of approval. The permit holder shall apply for a renewal of the permit at least 180 days prior to the permit’s expiration date. A permit may be terminated at any time when the enforcement officer finds that the permit holder has violated the conditions of the permit.
(C) Transfer. Permits are provided to individual services and facilities. No permit may be assigned, sold or transferred. In the event of the transfer of ownership of a facility, a new permit shall be required.
(D) Modifications. The enforcement officer shall have the authority to modify or change any permits issued, including, but not limited to, the following:
(1) Revise standards to maintain compliance with changing local, state and federal regulations, requirements, and standards that may apply;
(2) A violation of any terms of the permit;
(3) A change in the permit holder’s permit;
(4) To reflect a change in ownership or facility location; and
(5) A request in writing from the permit holder to have the permit modified, reissued or terminated.
(E) Duty to comply. The permit holder shall comply with all conditions of this permit. Failure to comply with the conditions of the permit shall be grounds for enforcement remedies described in this chapter or any other ordinance dealing with the city’s POTW.
(F) Duty to mitigate. The permit holder shall take the necessary steps to minimize or correct any adverse impact to the POTW or the environment resulting from noncompliance with the permit issued, including, but not limited to, accelerated or additional monitoring as necessary to determine the nature and impact of the noncompliance.
(G) Termination. A permit may be terminated for the following reasons, or for any other valid reason as determined by the enforcement officer:
(1) Falsifying self-monitoring reports;
(2) Refusing to allow timely access to the facility premises and records;
(3) Failure to pay fines;
(4) Failure to pay fees;
(5) Failure to meet compliance schedules; or
(6) Imminent hazard, injury, harm or reasonable likelihood of harm, to the POTW.
(H) Property rights. The issuance of a permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any violation of federal, state or local law or regulations.
(I) Compliance with applicable pretreatment standards and requirements. Compliance with a permit issued under this chapter does not relieve the permit holder from the obligation to comply with all applicable local, state and federal pretreatment standards and requirements including any such standards or requirements that may become effective during or after the term of the permit.
(J) Compliance date. Every facility and generator shall be in compliance with all the standards and requirements of this chapter within one year of the effective date of this chapter.
(Prior Code, § 4-12-7) (Ord. 621, passed 11-7-2006)