§ 51.017 VARIANCE.
   (A)   Grease interceptors required under this Ordinance shall be installed unless the City Building Inspector authorizes the installation of a grease trap or other alternative pre-treatment technology after determination that the installation of a grease interceptor is not feasible. The user bears the burden of demonstrating that the installation of a grease interceptor in not feasible. The City Building Inspector may authorize the installation of a grease trap where the installation of a grease interceptor is not possible due to physical barriers, physical constraints, space constraints or other considerations not within control of user and not subject to feasible correction or remedy.If an establishment believes the installation of a grease interceptor is not feasible because of documented space constraints, a written request for a grease trap or alternate grease removal device shall contain the following information:
      (1)   Location of sewer main and easement in relation to available exterior space outside building; and
      (2)   Existing plumbing at or in a site that uses common plumbing for all services at that site.
   (B)   Alternate pre-treatment technology includes but is not limited to devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer collection system.
   (C)   (1)   A user of an existing structure subject to the provisions of this Ordinance which is not a cooking establishment and which demonstrates that the discharge from its food service and/or preparation activities contain less than 100 mg/L of grease may receive a variance from minimum sizing requirements or installation and maintenance requirements.
      (2)   The sampling and testing to demonstrate the concentration of grease in the discharge must be conducted annually at times selected by City, all at the user’s expense, by an independent testing organization and measured in accordance with the analytical test procedures established in 40 C.F.R. 136 as amended from time to time.
   (D)   No variance shall be granted to any new construction. Each user granted a variance shall implement and comply with Best Management Practices to the extent that same are applicable to user’s activities. Variances are not to be liberally granted and shall be denied absent strict compliance with variance requirements.
   (E)   (1)   The user seeking the variance shall submit a written request to the City Building Inspector, which written request shall include sufficient technical data provided by the manufacturer of the grease trap or alternate pre-treatment technology, including but not limited to capacity, operation and maintenance so as to permit a thorough review of the request for variance.
      (2)   Granted variances shall be valid only for the use proposed by the user and the variance shall be non-transferable. The variance shall be rendered null and void in the event of the transfer of ownership of the user’s establishment or any change in the methods of operation by user.
      (3)   Failure to strictly implement and comply with Best Management Practices shall also render a variance null and void.
(Prior Code, Art. 16A, § IIC)