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(A) Waiver: Subject to the limitations contained in subsections (B) and (C) of this section, the director may grant a conditional waiver of the requirement to install a grease interceptor and remove existing food grinders.
(B) Negligible FOG: The director may grant for new construction, including remodels, a conditional waiver to any FSE and/or property owner that the director determines to have negligible FOG discharge and insignificant impact to the public sewer system. Notwithstanding the granting of a conditional waiver however, the FSE or property owner may nonetheless be required to provide space and plumbing segregation for future installation of a grease interceptor. In making the determination as to whether to grant the conditional waiver, the director shall make all of the following findings:
1. The quantity of FOG discharge as measured or indicated by the size of the FSE based on kitchen ventilation requirements, water usage, menu, seating capacity, number of meals served, amount of on site consumption of prepared food, number of plumbing fixtures and other conditions does not indicate that the FSE will materially contribute to existing or potential FOG discharges.
2. The FSE does not appear to be a significant contributor of FOG into the sewer system, which is based on an inspection of the property or sampling of FOG discharged from the FSE to the sewer system.
3. The FSE has adopted and implemented adequate BMPs and has no recent history of noncompliance with the city's FOG related regulations and requirements.
4. The size, grade and condition of the sewer lines serving the FSE do not indicate that the FSE has discharged an excessive amount of FOG in the sewer, and the history of maintenance, blockages and SSOs in the public sewer system lines receiving flow from the FSE do not deviate substantially from those experienced in other adjacent sewer lines.
5. There is no reason to believe that the operations of the FSE will change in the foreseeable future in a manner that may significantly increase the amount of FOG the FSE will discharge.
6. There is no other condition reasonably related to the generation of FOG discharges into the sewer by the FSE that will, in the sound judgment of the director, warrant the denial of the conditional waiver in the interest of protecting the public health, safety and welfare.
(C) Installation Not Feasible: Where the installation of a grease interceptor in an existing structure is not feasible, an FSE and/or property owner may be granted a conditional waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in section 7-5-18 of this chapter. Additional requirements may also be imposed to mitigate the discharge of FOG into the public sewer system. The director's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon one or more of the following findings:
1. There is inadequate space for installation and/or maintenance of a grease interceptor;
2. There is inadequate slope for gravity flow between kitchen plumbing fixtures and the proposed grease interceptor and/or between the proposed grease interceptor and the lateral or the public sewer system;
3. Any other condition reasonably related to the installation, operation, maintenance and/or inspection of a grease interceptor, which makes installation and/or maintenance of a grease interceptor infeasible.
(D) Application For Conditional Waiver Of Requirement For Grease Interceptor: An FSE or property owner may submit to the director an application for conditional waiver from the grease interceptor requirement. The party applying for the conditional waiver bears the burden of demonstrating that the installation of a grease interceptor is not feasible or otherwise required. A waiver may be issued upon determination by the director that reasons are sufficient to justify such a waiver, as provided in subsections (B) and (C) of this section.
(E) Terms And Conditions Of Waiver: The conditional waiver shall contain the terms and conditions that serve as the basis for its issuance. A waiver may be revoked by the director at any time upon his or her determination that any of the terms or conditions for its issuance have not been satisfied or if the conditions upon which the waiver was based have changed so that the justification for the waiver no longer exists. The waiver shall be valid so long as the FSE remains in compliance with the terms and conditions, until the expiration date specified in the waiver, or until the conditional waiver is revoked.
(F) Revocation Of Conditional Waiver Of The Requirement To Install A Grease Interceptor: The director may revoke any conditional waiver of the requirement to install a grease interceptor, which also revokes the waiver to remove existing food grinders, granted pursuant to this section, subject to the procedures and limitations provided in this subsection.
1. Should the director determine that, due to changed circumstances or failure to comply with the terms or conditions imposed upon the issuance of the conditional waiver, a conditional waiver that was previously issued and remains valid should be revoked, the director shall provide notice by regular mail to the owner of the affected FSE and the property owner no less than thirty (30) days prior to the proposed effective date of the revocation. The notice shall provide an explanation of the facts and circumstances that the director has determined warrant revocation of the conditional waiver and an opportunity to respond in writing to the director with information and evidence to justify the continuation of the conditional waiver in accordance with its terms and conditions.
2. Prior to making the final determination to revoke a conditional waiver the director shall review and consider the written information provided pursuant to subsection (F)1 of this section.
3. The determination of the director to revoke a conditional waiver granted pursuant to this section shall be set forth in writing provided to the owner of the affected FSE and the property owner by regular mail, and shall be based on the director's reasonable determination that one or more of the following circumstances exists or has occurred:
(a) The owner of the affected FSE and/or the property owner has failed to abide by any term or condition imposed upon the conditional waiver;
(b) One or more of the findings made by the director pursuant to subsection (B) or (C) of this section, due to changes in the operation of the FSE, changes in the condition, use or available capacity of the sewers serving the FSE or other changed circumstances, are no longer true; or
(c) A change in law bearing upon the use or operation of the city's sanitary sewer system requires the revocation of the conditional waiver. (Ord. 1646, 5-8-2012)