Ordinance regulating restaurant grease approved
An ordinance that first got hung up like caked lard in a drain pipe finally slid through the city council in one quick motion last Thursday to become law.
Called the FOG ordinance — it stands for fats, oils and grease— the ordinance regulates food service establishments (FSEs) and what they must do to curb FOG materials from going into the city’s wastewater lines.
Greasy residue from deep fat fryers and griddles can create blockages in city wastewater mains, and at the very least cause extra work in maintaining those mains and the city’s wastewater lift stations.
It took a few months to pass the ordinance. The council at first decided that the ordinance draft proposed by City Administrator Mark Karnowski would be too much of a burden on establishments that cook very infrequently. Karnowski then found a model ordinance from Bismarck, N.D., and the council introduced it about two weeks ago. That means the council set it up for future passage, which was last Thursday.
Between introducing the ordinance and last Thursday, City Attorney Dick Schieffer modified it some more. Here are some significant modifications:
• The original text required that Class I FSEs shall install grease interceptors when they remodel their kitchen involving structural renovations in their food preparation area or sewer system or cause excessive grease accumulation in the sanitary sewer.
Schieffer admitted that the word excessive was not defined. So he redid that passage to read: A Class I FSE shall install grease interceptors when they make substantial equipment upgrades or repairs, or when they make substantial structural alterations or expansion, or any time the city council finds that septage exceeds 300 milligrams of FOG per liter.
• Also, the new version clarifies that all FSEs must provide employee training on the best management practices that all FSEs must do regarding FOG.
• The new version also does not allow for a variance from the grease-interceptor requirement on the basis that it is not feasible. But a variance may be given if an alternative pretreatment technology is equally effective in controlling FOG.
• Furthermore, the surcharge that a Class I FSE could be billed for not complying with the grease interceptor rules, would be billed quarterly instead of monthly.
The ordinance has teeth in that if an FSE fails to maintain any required grease removal device, they will be given a seven-day notice. If they are still noncompliant after seven days the city can order the work done and bill the FSE. If the full bill is not paid, any outstanding balance can be assessed against the FSE’s property taxes.
The council passed the final version without discussion.
