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(4) Evidence that the size, available seating or type of food preparation does <br /> not generate any significant volume of FOG. <br /> (m) Charge for remedial maintenance or repair of the city wastewater <br /> system. <br /> (1) In the event that the owner of an FSE or FM/P or the owner of any <br /> structure in which an FSE or FM/P is located is found to have contributed to the <br /> partial or complete obstruction of a wastewater facility resulting from the <br /> discharge of wastewater or waste containing FOG and that the city is required to <br /> act immediately to control a public health hazard because of such blockage, such <br /> owner shall be required to reimburse the city for all costs of abating such <br /> condition. In situations where there are multiple owners identified as <br /> contributing to FOG causing such obstruction, the Chief Operator will apportion <br /> the cost of the cleanup, maintenance or repair costs on a prorated basis, based on <br /> each owner's percentage share of the average total sanitary sewer charges for all <br /> such owners. Further should inspection, testing or other sampling activity by the <br /> city confirm that any user is contributing excessive FOG (including other harmful <br /> ingredients) and is causing the repair or extraordinary maintenance activity to <br /> maintain the integrity of the system, the Chief Operator may require retrofitting <br /> of the structure with grease interceptors or grease traps, including testing facilities <br /> and access thereto sufficient to resolve the problem; <br /> (2) The costs for curing any private sewer lateral failures and sewer system <br /> overflows, including cleaning and other maintenance, caused in whole or in part <br /> by FOG introduced into the wastewater treatment facilities by any FSE or FM/P, <br /> alone or in conjunction with any other party, are the responsibility of the owner <br /> of the FSE or FM/P and the owner of any structure in which the FSE or FM/P <br /> contributing the FOG to wastewater system is located. <br /> (n) Compliance. <br /> (1) Compliance with the Grease Control Program shall be evaluated based <br /> on the following criteria: <br /> (2) All Food Service Establishments who are implementing and <br /> documenting BMPs [including employee training and kitchen procedures] and <br /> performing and documenting grease retention unit cleaning at the required <br /> frequency will be considered to be in full compliance with this policy. <br /> (3) When an obstruction and/or Sanitary Sewer Overflow occur, the <br /> records of all FSE or FM/P that discharge to the affected sanitary sewer line may <br /> be reviewed in order to determine the responsible party. Any FSE or FM/P <br /> found to be in noncompliance with the required grease retention unit cleaning <br /> frequency shall be deemed a "responsible party" for cost recovery. Payment of <br /> cost recovery does not preclude further enforcement actions for noncompliance <br /> as per the FOG Enforcement Response Plan <br /> 7 <br />