(A) After the effective date, any permitted construction under § 52.063 shall be deemed compliant upon issuance of a certificate of compliance or certificate of occupancy for that construction by the City Building Official or designee.
(B) An FSE shall be deemed compliant, unless the WRA Director or local building official or designee determines that an existing grease trap or grease interceptor is incapable of adequately retaining FOG. In these cases, the Director may order the FSE to install an adequate grease interceptor within a specified time period if:
(1) The FSE is found to contribute FOG in quantities above FOG discharge limits;
(2) The FSE discharges necessitate increased maintenance on the publicly-owned treatment works (POTW) in order to keep stoppages from occurring therein; or
(3) The FSE's discharge to the POTW is at any time determined to exceed 400 mg/l total FOG.
(C) An order directing an existing FSE or the owner or operator of the FSE or the owner of the building or facility in which the FSE is located to install a grease interceptor shall be in writing from the WRA Director in the form of a notice of violation including a corrective action order, as provided in § 52.072.
(D) (1) FSEs or owners of buildings of facilities within which an FSE is located which are unable to install or replace a grease interceptor due to exceptional physical constraints or economic hardship may appeal to the WRA Director for approval of an alternative grease control technology by requesting a hearing in accordance with the provisions of this section.
(2) These requests shall be submitted in writing and shall include detailed descriptions of the FSE's physical or financial constraints and the alternative grease control technology which it proposes to install and utilize.
(3) In order to demonstrate exceptional economic hardship, the owner or operator of the FSE shall submit to the WRA Director balance sheets and profit and loss statements for FSE for the preceding three years. A new FSE shall submit profit/loss projections or a detailed business plan with projections for 24 months. Each request shall be evaluated on a case-by-case basis.
(4) Notwithstanding approval of alternative grease control technology, when the WRA Director determines that the alternative is not performing adequately, the FSE or owner of the building or facility in which the FSE is located shall be required to take additional grease control measures, which may include the installation of a grease interceptor.
(5) In order to demonstrate exceptional physical site constraints preventing the installation of a grease interceptor, the owner or operator of the FSE or owner of the building or facility in which the FSE is located shall submit to the WRA Director documentation and plats showing the location of sanitary sewer and any private easements in relation to the building sewer for the building housing the FSE, and showing available space inside or outside the building and drawings of existing plumbing at or in a site that uses common plumbing for all services at that site.
(6) An FSE that is given an exemption from installing a properly sized grease interceptor is prohibited from installing or using a dishwasher or garbage disposal without approval of the Director and must comply with the conditions of the approval, if any.
(Ord. 2010-09, passed 7-13-2010; Am. Ord. 2019-03, passed 2-26-2019; Am. Ord. 2022-09, passed 8-23-2022)