97.09 FAT, OIL, GREASE, SAND AND PETROLEUM PRODUCT TRAPS.
   1.   Maintenance Requirements.
      A.   All users shall maintain any fats, oil and grease (FOG) recovery system so that the discharges therefrom are in compliance with all applicable laws, rules and regulations. Users include but are not limited to owners, tenants and builders of any structure connected to the sewage system.
      B.   All FOG recovery systems shall have all floating material removed per a schedule approved by authorized agent of the City. All FOG traps and recovery systems shall be completely pumped out annually or when the FOG and solids content thereof exceeds 25% of the interceptor or trap depth, whichever comes first. Routine maintenance and maintenance required by this ordinance shall include the complete recovery of all contents, including floating materials, wastewater and bottom sludge and solids. The frequency of maintenance may be increased to comply with the manufacturer's recommendation, or to comply with this ordinance. The frequency shall be as often as necessary to prevent overflows of FOG from entering the City's sewage system.
      C.   The Pump-and-Return Method of decanting or discharging of removed waste or wastewater back into the FOG recovery system is prohibited.
      D.   Any removal and hauling of FOG as a result of the complete pumping of a FOG trap and all other FOG recovery systems shall be performed by a professional liquid waste hauler.
      E.   If any FOG recovery system discharge wastes fail to meet requirements of the applicable city ordinances, the City is authorized to require that the user repair, replace or upgrade its FOG recovery system at the sole expense of the user.
      F.   No user may place an additive of any type into the FOG trap or FOG recovery system.
   2.   Maintenance Records. Each user at each FOG producing facility shall maintain an accurate and complete record of all cleaning(s) or maintenance of its FOG producing facility's FOG recovery system, and shall file electronic copies of same with the Building Department or designated agent per current procedures. Submissions will be made either weekly, monthly, quarterly, semi-annually, or annually, based on the service schedule. The following records shall be kept on-site at the FOG producing facility for a minimum of 24 months:
      A.   Haulers. The hauler shall provide the FOG producing facility manager, at the time of service, a manifest conforming to all federal and state statutes and regulations,
      B.   Manifests. The removal of FOG recovery system contents shall be recorded on a manifest that identifies the pumping, hauling and disposing of the wastes, and whether collected from an interior or an exterior FOG recovery system.
      C.   Manifest Information. Each manifest shall contain the following information and such other information as may be required by State statute:
         (1)   User information, including name, address, the volume pumped from each FOG recovery system, the date and time of the pumping;
         (2)   Hauler information, including company name, address, state license/permit number, and disposal/receiving facility location information and the FOG Recovery System Identification Number;
         (3)   Receiving facility information, including the facility name and address, date and time of receiving;
         (4)   A certification that the FOG trap or FOG recovery system was in working order. If not, deficiencies shall be listed; and
         (5)   A certification that the maintenance requirements, as set forth in Subsections 97.09(D) and (E) below, are being complied with by the user relative to the FOG trap or FOG recovery system.
      D.   Manifest/Maintenance Log. The owners of each FOG producing facility shall maintain and keep available on the premises a continuous log of manifests, FOG maintenance reports, and other similar records regarding each cleaning or maintenance of the FOG recovery system for the previous twenty-four (24) months. The log shall be kept on the FOG producing facility premises in a location where the log is available for inspection or review by the City.
      E.   Manifest/Maintenance Log Filing. The customer shall file manifests with the City or designated agent after each service. All submissions must be electronic along with fees associated with each submission.
   3.   Repairs. Any repair that is required for a FOG trap or recovery system shall be made by the user within thirty (30) days of the user receiving notice of the need for a repair from either the hauler, the owner, or the City.
   4.   Permit Required. It is unlawful for any person to operate a FOG recovery system connected to the sewage system without first being issued a FOG Operation Permit by the City for each such device. Each FOG Operation Permit is valid for one year.
      A.   FOG Operation Permit Fee. Before any FOG Operation Permit is issued or renewed, the person who makes the application shall pay to the Clerk the permit fee for each FOG Recovery System to be connected to the sewage system. The City Council shall set the permit fee by resolution, which shall be used to cover the cost of issuing the permit and supervising, regulating, and inspecting the systems and maintenance records required by this chapter.
      B.   Permit Revocation and Denial. A FOG Operation Permit may be revoked for any violation of this chapter. No FOG Operation Permit shall be issued or renewed unless the user is in compliance with the requirements of this chapter.
      C.   FOG Operation Permit Fee waived. No initial FOG Recovery Permit fee shall be required for new FOG Operation Permits applied for prior to July 1, 2024.
   5.   Penalty for Noncompliance. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter shall be deemed to have committed a municipal infraction in accordance with Chapter 3 of this Code of Ordinances.
(Ord. 2023-28 – Jan. 24 Supp.)