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ORDINANCE NO. 2009-5 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />MARCOS, TEXAS, AMENDING SECTION 86.135 OF THE SAN MARCOS <br />CITY CODE BY PROVIDING A PROCESS FOR GRANTING A VARIANCE <br />TO CERTAIN REQUIREMENTS THEREIN; AND PROVIDING AN <br />EFFECTIVE DATE <br />RECITALS: <br />1. The City Council adopted this ordinance to control the detrimental discharge of <br />fats, oils and grease into the City's wastewater system by certain restaurants and other non- <br />domestic generators of fats, oils and grease. <br />2. In reviewing the ordinance, it was determined that its reach may encompass <br />certain facilities and operations that do not generate sufficient amounts of fats, oils or grease to <br />warrant application of the requirements of the ordinance. Thus, it was recommended that a <br />process for requesting and criteria for granting a variance to the requirements of the ordinance be <br />established. <br />3. For the reasons stated above, the City Council finds and determines that the <br />adoption of this amendment is in the best interest of the public. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />. TEXAS: <br />SECTION 1. Chapter 86, Utilities, Article 3, Sewers, Division 3, Fats, Oils and Grease, <br />Section 86.135, Installation and Maintenance Requirements, of the San Marcos City Code is <br />hereby amended by adding a new subsection (b), to read as follows: (underlining indicates <br />added text; ever-stfike indicates deleted text): <br />Sec. 86.135. Installation and Maintenance Requirements. <br />(a) Installations. <br />(1) New Facilities. Food processing or food service facilities which are newly <br />proposed or constructed, or existing facilities which will be expanded or <br />renovated to include a food processing or food service facility, where such facility <br />did not previously exist, shall be required to design, install, operate and maintain a <br />grease trap/interceptor in accordance with locally adopted plumbing codes or <br />other applicable ordinances. Grease traps/interceptors shall be installed and <br />inspected prior to issuance of a certificate of occupancy. <br />(2) Existing Facilities. Existing grease traps/interceptors must be operated and <br />maintained in accordance with the manufacturer's recommendations and in <br />accordance with the requirements of this ordinance, unless specified in writing