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Staff seeks FOG-ordinance revisions to ease downtown development while meeting state pretreatment rules

2138504 · January 22, 2025
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Summary

City staff presented a review of the fats, oils and grease (FOG) pretreatment ordinance and asked commissioners for direction to pursue ordinance revisions that would allow smaller, calculated interceptors or traps in constrained downtown sites while maintaining TCEQ compliance; staff estimated two months to return with recommendations.

City staff and a consultant briefed the City Commission on Jan. 21 about Brownsville's fats, oils and grease (FOG) pretreatment ordinance and enforcement challenges in the downtown area and asked for direction to pursue possible revisions.

Bobby Baeed of Half and Associates reviewed the state and federal background for municipal pretreatment programs, explained the functional difference between outdoor grease interceptors and indoor grease traps, and reviewed other Texas cities' approaches. He said the City's current ordinance (originally adopted in 2007 with revisions in 2012 and 2020) requires a minimum 500-gallon grease interceptor for many commercial kitchens but allows smaller indoor traps in limited circumstances; the downtown building footprint and alley constraints have made the larger outside interceptors difficult to site.

Baeed told commissioners the TCEQ'approved sizing calculations in the International Plumbing Code and Uniform Plumbing Code allow engineering-based reductions in some cases, and other Texas cities such as San Antonio, McAllen and Harlingen use calculation-based allowances with engineered justification or licensed-plumber certification. He said accommodating downtown businesses while meeting pretreatment requirements will likely require written changes to the ordinance and closer coordination with the Brownsville Public Utilities Board (PUB).

Commissioners and staff discussed next steps and timing. One commissioner asked, "How long do you think it'll take for you guys to be able to come back with a recommendation for ordinance changes that give us the latitude to ensure we're right fitting for businesses?" Staff answered that, given coordination with PUB and internal schedules, "a couple of months" would be reasonable.

No formal vote was taken; staff requested direction and received consensus to continue drafting possible ordinance revisions, consult with PUB, and return with recommended language and implementation steps. The commission emphasized the need to preserve the city's ability to meet TCEQ pretreatment obligations while avoiding impractical site requirements in narrow downtown rights-of-way.

Why it matters: The FOG program affects restaurants and other nonresidential dischargers citywide; exceptions or calculation-based sizing could lower redevelopment costs for downtown businesses but must remain technically defensible to satisfy state and federal pretreatment law.