§ 5-6.1009. Fees.

It is the purpose of Section 5-6.1009 to provide for the recovery of costs from responsible persons of the collection system for the implementation of the program established in Article 10.

(a)

Charges and Fees. The City may adopt charges and fees by resolution which may include:

(1)

Fees for reimbursement of costs of setting up and operating the City's FOG program;

(2)

Fees for consistent removal by the City of FOG and/or pollutants otherwise subject to Federal Pretreatment Standards;

(3)

Other fees as the City may deem necessary to carry out the requirements contained in Article 10.

(b)

Costs incurred by the City as a result of required on-site sampling and analysis shall be reimbursed to the City by the responsible person.

(c)

Noncompliance Fee. Any responsible person determined to be in noncompliance with the terms and conditions specified in any provision of this article may be required to pay a noncompliance fee. The purpose of the noncompliance fee is to compensate the City for costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Articles 7 and 8 of Chapter 6. Noncompliance fees shall be in the amount determined by Council Resolution.

(d)

Grease Disposal Mitigation Fee. Any FSE or MFF that operates without a grease interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance of the collection system as a result of the FSE's or MFFs inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow new construction or an existing FSE or MFF undergoing remodeling and/or a change in operations to operate without an approved grease interceptor unless the Director has determined that it is impossible or impracticable to install and/or operate a grease interceptor for the subject facility under the provisions of Section 5-6.1006 of Article 10.

(1)

The grease disposal mitigation fee shall be established annually by the Director and approved through Council Resolution. The grease disposal mitigation fee shall be based on the estimated annual increased cost of maintaining the collection system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE or MFF resulting from the lack of a grease interceptor.

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