(A) Title. This section shall be referred to as the “City of Tulare FOG Control Program Ordinance” or “FOG Ordinance.”
(B) Purpose. The purpose of the FOG Control Program Ordinance is to reduce sanitary sewer overflows and blockages, and to protect public health and the environment by minimizing public exposure to unsanitary conditions. By controlling the discharge of fats, oils and grease to the wastewater collection system, excessive buildup in sewer lines can be lessened, thereby increasing the system’s operating efficiency and reducing the number of sewer line blockages and overflows.
(C) General FOG discharge prohibitions. No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer lateral which connects the FSE to the sewer system.
(D) Specific FOG prohibitions. The following specific prohibitions shall apply to all FSEs:
(1) Discharge of any FOG-containing wastewater that is not connected to a grease removal device is prohibited.
(2) Non-grease laden sources such as, but not limited to, hand-wash sinks, toilets, urinals, and stormwater, shall not be connected to a grease removal device.
(3) No dishwasher shall be connected to a grease trap.
(4) Discharge of wastewater with temperatures in excess of 140°F (60°C) into any grease trap is prohibited.
(5) Direct disposal of any waste cooking oil into any drain or cleanout that is connected to the sewer system is prohibited.
(6) Introduction of any additive into a grease removal device or directly into the sewer system for the purpose of emulsifying FOG, biologically/chemically treating FOG for grease remediation, or as a supplement to any grease removal device maintenance is prohibited, unless specifically authorized in writing by the General Manager.
(7) Discharge of any waste which has been removed from a grease removal device into the sewer system is prohibited.
(E) FOG wastewater discharge permit required. All FSEs shall obtain a FOG wastewater discharge permit. Nothing in the permit is intended to relieve the FSE of any local, state, or federal regulation. Any denial of a permit may be appealed under § 7.20.900.
(F) Permit application requirements. FOG wastewater discharge permit applications shall include the following information:
(1) Name, address, telephone number, description of the FSE and service activities.
(2) Name of any and all principals/owners of the FSE.
(3) Name and address of property owner or lessor and the property manager where the FSE is located.
(4) Floor, site and plumbing plans showing detailed sewer connections and grease removal devices.
(5) Specifications of all grease removal devices.
(6) Operational statement of FSE.
(7) Any other information as may be specified in the application form.
(G) FOG wastewater discharge permit conditions.
(1) FOG wastewater discharge permits must contain the following:
(a) A statement that indicates the wastewater discharge permit duration.
(b) A statement that the wastewater discharge permit is nontransferable.
(c) A statement of applicable civil and criminal penalties for violation of permit and FOG ordinance.
(2) FOG wastewater discharge permits may contain the following conditions or limits if found necessary to meet the intent of this FOG Control Program Ordinance by the General Manager:
(a) Limits on discharge of FOG and other pollutants.
(b) Requirements to install, operate, and maintain adequate pretreatment devices including grease removal devices.
(c) Requirements for proper operation and maintenance of all pretreatment devices.
(d) Grease removal device maintenance frequency and schedule.
(e) Requirements for implementing, maintaining, and reporting on the status of best management practices (BMPs).
(f) Requirements for maintaining and submitting logs and records, including waste hauling records and manifests and to have such records available for inspection.
(g) Requirements to self-monitor.
(h) Additional requirements as may be determined to be reasonably appropriate by the General Manager or as specified by other regulatory agencies to protect the collection system.
(i) Other terms and conditions, which may be reasonably applicable to ensure compliance with the FOG control program.
(H) FOG wastewater discharge permit modifications. FOG wastewater discharge permit modifications are subject to § 7.20.770 of this chapter consistent with the terms, requirements, and policies in this section.
(I) Best management practices. All FSEs shall implement BMPs in an effort to minimize the discharge of FOG to the sewer system, including, but not limited to, the following, as applicable:
(1) Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.
(2) Segregation and collection of waste cooking oil. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to insure that they do not leak. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.
(3) Disposal of food waste. All food waste should be disposed of directly into the trash or garbage and not into sinks and shall be disposed of in a manner that will ensure against leakage in the trash container or anywhere else.
(4) Employee training. Employees of the FSE shall be trained by ownership/management periodically as specified in the FOG wastewater discharge permit on the following subjects:
(a) Dry-wiping pots, pans, dishware and work areas before washing to remove grease.
(b) Properly disposing food waste and solids in plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.
(c) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.
(d) Properly disposing grease or oils from cooking equipment into a proper grease receptacle without spilling.
(e) Training shall be documented along with employee signatures. Training records shall be available for review at any time by authorized representatives of the city.
(5) Maintenance of mechanical exhaust ventilation filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning exhaust filters shall be disposed of properly.
(6) Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.
(J) FOG pretreatment required for new and existing FSEs. FSEs are required to install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section, subject only to the variance and waiver provisions and other exceptions of this section. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.
(1) New FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.
(2) Existing FSEs shall install grease interceptors in any of the following circumstances:
(a) When the FSE changes ownership;
(b) When any change in operation results in or has the potential to result in the increase of the amount of FOG generated and/or discharged by FSE in an amount that alone or collectively causes or creates a potential SSO to occur;
(c) When it is determined by the General Manager that the FSE caused or contributed to grease-related blockages in the sewer system, has sewer laterals connected to hot spots, or has been determined to contribute significant FOG to the sewer system, based on inspection and sampling;
(d) During a remodel; or
(e) Any other time the General Manager reasonably determines that installation of a grease interceptor is necessary to avoid an adverse impact to the sewer system.
(3) Any existing FSE that receives a notice from the General Manager to install a grease interceptor must install the interceptor within 180 days unless otherwise required by the General Manager.
(K) Variance of grease interceptor requirement. Notwithstanding any other provision in this section, an existing FSE may obtain a variance, at the General Manager’s discretion, from the grease interceptor requirement to allow alternative pretreatment technology that is equally effective in controlling the FOG discharge in lieu of a grease interceptor. One such type of alternative pretreatment technology is a grease trap. Consideration of granting the variance will be based on the following:
(1) There is insufficient space for installation and/or maintenance of a grease interceptor.
(2) There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection line or the public sewer.
(3) The FSE can demonstrate, to the satisfaction of the General Manager, that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling FOG. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment technology, its continued ability to effectively control FOG discharge.
(4) The variance may be rescinded if subsequent monitoring shows accumulation of FOG in the sewer lateral or the collection system downstream of the FSEs connection or if the FSE caused or contributed to a sanitary sewer overflow. A grease interceptor must be installed within 180 days of the rescission of a variance. Denial or revocation of a variance may be appealed pursuant to § 7.20.900.
(L) Cost recovery. All costs incurred for cleaning the sewer line to remove FOG buildup caused or contributed to by an FSE shall be reimbursed to the city by the FSE. Factors for determining responsible parties for cost recovery charges include the FSEs that are discharging into the affected sewer line, the presence of grease removal devices or alternative pretreatment in the FSE, proper maintenance of grease removal devices by the FSE, implementation of BMPs, and any waivers or variances granted.
(M) Drawing submittal requirements. At the time of obtaining a FOG wastewater discharge permit or upon request by the General Manager:
(1) FSEs may be required to submit copies of design and as-built facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The documents shall be in a form acceptable to the General Manager for review of existing grease control devices, monitoring facilities, metering facilities and operating procedures. The review of plans and procedures shall in no way relieve the FSE of the responsibility to modify the facilities or procedures in the future, as necessary to produce an acceptable discharge and to meet the requirements of this FOG control program.
(2) FSEs may be required to submit a schematic drawing of the grease removal device or alternative pretreatment, piping and instrumentation diagram, and wastewater characterization report.
(3) At the General Manager’s discretion, all drawings and/or reports may be required to be prepared by a California registered civil, chemical, or electrical engineer.
(N) Grease interceptor requirements. Any FSE that is required to provide FOG pretreatment shall install, operate and maintain an approved type and properly sized grease interceptor, or other grease removal device authorized under an approved variance, necessary to maintain compliance with the purpose of the FOG control program.
(1) Approved grease interceptor sizing and installation shall conform to the latest approved edition of the California Uniform Plumbing Code.
(2) Grease interceptors shall be constructed in accordance with the design approved by the General Manager and shall have a minimum of two compartments with fittings designed for grease retention.
(3) Grease interceptors shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning and removal of accumulated grease.
(a) Grease interceptors may not be installed in any part of the building where food is handled.
(b) If a location is not available on the property of the FSE, a street encroachment permit may be requested to authorize installation of a grease interceptor in a public access area such as the street or sidewalk area.
(c) There will be no obstruction from landscaping or parked vehicles, with the exception of parked vehicles in a public access area as granted through a street encroachment permit.
(4) Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The manholes shall also have readily removable covers to facilitate inspection, grease removal and wastewater sampling activities.
(5) The original design of the grease interceptor shall not be modified unless the manufacturer recommends the modification in writing.
(a) Any modification will be at the FSE’s expense.
(b) The city is not liable for any non-compliance as a result of any modification.
(6) The General Manager may require other pretreatment measures or modifications to improve the effectiveness of the grease interceptor.
(7) Connections to the grease interceptor shall be approved by the General Manager, and the General Manager may require connections to be removed.
(O) Grease interceptor maintenance requirements. Grease interceptors shall be maintained in efficient operating condition by periodic complete removal of all contents of the devices including wastewater, accumulated FOG, floating materials, sludge and solids.
(1) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.
(2) FSEs that are located in an area that is considered to be a hot spot will be required to submit data and information necessary to establish a maintenance frequency for their grease interceptor.
(3) The maintenance frequency for all FSEs with a grease interceptor shall be determined in one of the following methods:
(a) Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed the 25% rule. Regardless, the interval between cleaning shall not exceed three months.
(b) The owner/operator of a FSE may submit a request to the General Manager asking for a change in the maintenance frequency at any time. The FSE has the burden of responsibility to prove that the change reflects actual operating conditions based on the average FOG accumulation over time, and meets the requirements of the 25% rule. The FSE must also show that it is in full compliance with the conditions of its FOG wastewater discharge permit and this section. Upon approval by the General Manager, the FOG wastewater discharge permit will be modified accordingly to reflect the change in maintenance frequency.
(c) If the grease interceptor contains, at any time, FOG and solids accumulation that exceeds the 25% rule, the FSE shall be required to have the grease interceptor serviced immediately so that all FOG, sludge and other materials are completely removed from the interceptor. If necessary, the FSE may be required to increase the maintenance frequency of the grease interceptor from its current frequency.
(4) Wastewater, accumulated FOG, floating materials, sludge, solids, and other materials removed from the grease interceptor shall be disposed offsite properly by licensed waste haulers or recyclers in accordance with federal, state, and/or local regulations.
(P) Grease trap requirements. Grease traps may be authorized by the General Manager through a variance under division (K) of this section with the following conditions:
(1) Grease traps shall be installed in waste lines leading from drains, sinks and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage.
(2) Grease traps shall be properly sized and installed in accordance with the latest approved edition of the California Uniform Plumbing Code.
(3) The original design of the grease trap shall not be modified unless the manufacturer recommends the modification in writing.
(a) Any modification will be at the FSE’s expense.
(b) The city is not liable for any non-compliance as a result of any modification.
(4) Grease traps shall be maintained in efficient operating conditions by removing accumulated grease. The interval between cleaning will be established by the General Manager, but shall not exceed four weeks. Baffles shall be removed and cleaned during the maintenance process, when applicable.
(5) Grease traps shall be kept free of all food residues and any FOG waste removed during the cleaning and scraping process.
(6) Grease traps shall be inspected periodically to check for leaking seams and pipes and for effective operation of the baffles and flow regulating devices.
(7) Grease traps and their baffles shall be maintained free of all caked on FOG and waste.
(8) Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.
(9) The temperature of any water entering a grease trap shall not exceed 140°F (60°C).
(Q) Monitoring requirements.
(1) The General Manager may require, through the FOG wastewater discharge permit or at any time, an FSE to construct and maintain in proper operating condition, at the FSE’s sole expense, flow monitoring, constituent monitoring, and/or sampling devices.
(2) The location of monitoring or metering devices shall be subject to approval by the General Manager.
(3) At all times, FSEs shall provide immediate, clear, safe and uninterrupted access to authorized representatives of the city to all monitoring and metering devices.
(4) FSEs may be required by the General Manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of any grease removal device and compliance with this section.
(R) Record keeping requirements. FSEs shall keep all records, including manifests, receipts and invoices of all cleaning and maintenance of grease removal devices. All records shall be made available to authorized representatives of the city upon request. In addition to the above mentioned documents, records include logbooks of maintenance activity, BMPs and employee training, sampling data, spill reports, line cleaning reports, and any other information deemed appropriate by the General Manager to ensure compliance with the FOG control program and this section.
(Ord. 17-03, passed 3-21-2017; Ord. 15-02, passed 5-5-2015)