§ 5-6.1006. Waiver of Grease Interceptor Requirement.

(a)

A conditional waiver of requirement to install grease interceptor may be granted for FSEs or MFFs that the Director determines to have negligible FOG discharge and insignificant impact to the collection system. Although a waiver from installation of a grease interceptor may be granted, the FSE or MFF may be required to provide space and plumbing segregation for future installation of a grease interceptor. The Director's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:

(1)

Quantity of FOG discharge, as measured or indicated by the size of the FSE or MFF based on water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions that may reasonably be shown to contribute to FOG discharges.

(2)

Identification of the FSE or MFF as a significant contributor of FOG into the collection system, which is based on inspection or sampling of FOG discharged from the FSE's or MFFs private sewer lateral to the collection system.

(3)

Adequacy of implementation of BMPs and compliance history.

(4)

Sewer size, grade, condition based on visual and other information, FOG deposition in the collection system by the FSE or MFF, and history of maintenance and SSOs caused by FOG from the FSE or MFF.

(5)

Changes in operations that significantly affect FOG discharge.

(6)

Failure to comply with any of the conditions set forth in the waiver.

(7)

Any other condition that the Director deems reasonably related to the generation of FOG discharges.

(b)

Where the installation of a grease interceptor is not feasible, an FSE or MFF may be granted a waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in Section 5-6.1006(d). Additional requirements may also be imposed to mitigate the discharge of FOG into the collection system. The Director's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon, but not limited to, evaluation of the following conditions:

(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 grease interceptor and/or between the grease interceptor and the private sewer lateral or the collection system.

(c)

Application for Waiver of Requirement for Grease Interceptor. An FSE or MFF may submit to the City of Modesto Environmental Compliance Section an application for waiver from the grease interceptor requirement. The FSE or MFF 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.

(d)

Terms and Conditions of Waiver. A 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 is not 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 or MFF remains in compliance with the terms and conditions or until the expiration date specified in the waiver. Waivers are non-transferable.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)