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K. Exception from grease interceptor requirements. If the owner of any ESE or FM/P or of any structure in which an ESE or FM/P is located or is to be located demonstrates to the reasonable satisfaction of the Public Works Director that installation of a grease interceptor is not feasible, the Public Works Director may grant an exception allowing such owner to install grease traps or other alternative treatment technology which will in their discretion adequately control the release of FOG from the ESE or FM/P or the structure into the sanitary sewer system. The ESE or FM/P bears the burden of demonstrating that the installation of a grease interceptor is not feasible to the satisfaction of the Public Works Director. L. Charge for remedial maintenance or repair of the City sanitary sewer system. 1. In the event that the owner of an ESE or FM/P or the owner of any structure in which an ESE or FM/P is located is found to have contributed to the partial or complete obstruction of a sanitary sewer system resulting from the discharge of wastewater or waste containing FOG and that the City is required to act immediately to control a public health hazard because of such blockage, such owner shall be required to reimburse the City for all costs of abating such condition. In situations where there are multiple owners identified as contributing to FOG causing such obstruction, the Public Works Director will apportion the cost of the cleanup, maintenance or repair costs on a prorated basis, based on each owner's percentage share of the average total sanitary sewer charges for all such owners. Further, should inspection, testing or other sampling activity by the City confirm that any property owner is contributing FOG (including other harmful ingredients) and is causing the repair or excessive maintenance activity to maintain the sanitary sewer system, the Public Works Director may require retrofitting of the structure with grease interceptors or grease traps, including testing facilities and access thereto sufficient to resolve the problem; 2. The costs for curing any private sewer lateral failures and sewer system overflows, including cleaning and other maintenance, caused in whole or in part by FOG introduced into the sanitary sewer system by any ESE or FM/P, alone or in conjunction with any other party, are the responsibility of the owner of the ESE or FM/P and the owner of any structure in which the ESE or FM/P contributing the FOG to the sanitary sewer system is located. M. Compliance. Compliance with the grease control program shall be evaluated based on the following criteria: 1. All ESE and &MFM/P who are implementing and documenting BMPs and performing and documenting grease retention unit cleaning at the required frequency will be considered to be in full compliance with this policy. 2. When an obstruction and/or sanitary sewer overflow occur due to the presence of FOG, the records of all ESE or FM/P that discharge to the affected sanitary sewer line may be reviewed in order to determine the responsible party. Any ESE or FM/P found to be in noncompliance with the required grease retention unit cleaning frequency shall be deemed a "responsible party" for cost recovery. Payment of cost recovery does not preclude further enforcement actions for noncompliance as per the FOG enforcement response plan. N. Penalties and assessments for FOG program noncompliance. hi the event that the owner of an ESE or FM/P or the owner of any structure in which an ESE or FM/P is located is found to have failed to comply with the provisions of this division, the following penalties or assessments or both may be applied: Page 51 of 82