Restaurant waste compliance and permits 101

The core rulebook most restaurants operate under

Two sets of rules guide day‑to‑day compliance: food safety codes inside your walls, and water, sewer, and solid‑waste rules once materials leave your kitchen.

• Food Code basics (inside the building). Most health departments use the FDA Food Code (2022 edition) or something close. It covers container rules, how to store and remove garbage and recycling, and back‑of‑house (BOH) cleaning and training expectations.¹
• Sewer/pretreatment limits (what can go down drains). Under the Clean Water Act pretreatment rules, publicly owned treatment works (POTWs) and local programs ban discharges that block or harm sewers, like solids, thick waste, and fats/oils/grease (FOG). That is why restaurants are often required to install and maintain grease traps/interceptors and follow local FOG best practices.²

Bottom line: keep food and grease out of drains, use durable covered containers with labels, and expect your local sewer authority and health department to check.

Permits and local rules: what to confirm before opening (or expanding)

Because programs are locally enforced, expect permits or registrations in three buckets. Check your city or county website or your utility before you start service.

1. FOG and sewer control

• Grease trap/interceptor: Most sewer agencies require an approved unit sized by a licensed plumber/engineer and routine pumping/maintenance (often every 30–90 days, or by capacity). Many agencies issue a FOG permit or place you in their pretreatment program. Keep maintenance logs and manifests on site.
• Discharge prohibitions: Disposing solids or emulsified grease to sewer can violate 40 CFR 403.5(b) and local limits. Some jurisdictions also restrict enzymes/emulsifiers. Train staff on sink screens, dry‑wipe, and “no grease to drain” procedures.²

2. Used cooking oil (UCO)

• Storage and hauling: Store it in a closed, labeled outdoor tank or an indoor container with secondary containment. Use a licensed hauler. Keep pickup receipts and service logs. In theft‑prone areas, use locked containers and a camera view of the UCO area.

3. Organics and recycling mandates (examples)

• California: Businesses must arrange organics collection or self‑haul. Jurisdictions also require proper containerization and separation. Keep proof of service or self‑haul receipts available for inspection.³
• New York City: Covered food businesses must separate back‑of‑house organics, post employee signage, use latched containers, and arrange compliant transport or approved on‑site processing. NYC also prohibits devices that discharge food waste into sewers (e.g., food waste liquefiers) and requires decals/registration for carters or on‑site systems.⁴

Local factors (U.S.): container colors, signage wording, training frequency, and FOG pump‑out intervals vary by city or county. Always follow your health department and sewer utility instructions.

Set up a compliant program in 10 steps

1. Map your streams. List organics, recycling, trash, grease trap waste, and used cooking oil. Note peak volumes by station (prep, line, dish, bar).
2. Place containers where waste is made. Co‑locate organics and recycling next to trash at prep/dish. Use tight‑fitting lids and durable liners.
3. Label clearly. Words beat icons in inspections. Match your hauler’s accepted items. Post “what goes where” signs at eye level.
4. Protect drains. Install sink screens, dry‑wipe cookware, and keep a scraper at each station. Never pour oil into drains. Keep a funnel near the UCO tank.
5. Maintain the interceptor. Keep a visible log. Schedule pump‑outs based on capacity or local rule. Document baffle/flow control inspections.
6. Secure UCO. Lock the tank, document hauler pickups, and reconcile volumes to deliveries of fresh oil.
7. Train and retrain. Add waste steps to pre‑shift huddles. Do new‑hire and annual refreshers with sign‑in sheets.
8. Stage exterior set‑out. Use rodent‑resistant, latched carts. Keep lids closed. Clean pads and keep spill kits handy.
9. Pick the right haulers. Confirm licenses, acceptable materials, and container specs (e.g., latching organics lids where required).
10. Make a compliance binder. Include permits, plans, logs, manifests, and contact numbers. Keep a digital copy backed up.

Inspection prep: what inspectors look for (and quick fixes)

Health inspector (Food Code)

• Covered, clean containers, no overflow, solid waste removed at a frequency that prevents pests/odors, BOH areas clean and dry.¹
• Employee knowledge: staff can explain separation and where grease/oil goes.

Sewer/FOG inspector

• Current FOG permit or enrollment (if applicable), accessible interceptor, and service logs/manifests.
• No evidence of bypassing, emulsifiers, or discharge of solids/grease, screens in place and dry‑wipe practices visible.²

Solid‑waste/organics inspector (example triggers)

• California: proof of organics service or compliant self‑haul, separated streams and compliant containers/labels.³
• NYC: BOH separation only (for covered businesses), required signage/labels, latching organics containers, and BIC/DSNY decals or on‑site registration where applicable.⁴

Quick fixes before they arrive

• Close every lid, and remove any liquids from trash.
• Replace missing labels, and post a 1‑page “what goes where.”
• Take photo proof of full carts and clean pads after set‑out.
• Audit the last 90 days of pump‑out and UCO manifests, and file by date.

Documentation you should keep (and why)

• Permits and registrations: FOG/pretreatment paperwork, waste carting agreements, any on‑site processing registration (where allowed).
• Service records: grease interceptor pump‑outs, UCO pickups, organics/recycling/trash service tickets, and contamination notices.
• Training: agendas, sign‑ins, and multilingual job‑aids.
• Floor plan and SOPs: show container locations, color codes, drain‑protection steps, spill response.
• Communications: emails with haulers or utilities about set‑out times, container specs, or contamination feedback.
• Photo log: dated images of labeled stations, closed lids, clean pads, and interceptor access. Fast proof during inspections.

Common pitfalls (and how to avoid them)

• Food into sewers via disposers or liquefiers. Many sewer agencies limit disposers, and some cities (e.g., NYC) prohibit equipment that discharges processed food to sewer. Use scraping, screens, and organics bins instead.⁴
• Interceptor “out of sight, out of mind.” Set calendar reminders keyed to capacity (25% solids rule where specified locally), and require haulers to measure and note baffle condition on receipts.
• Wrong hauler specs. If your carter requires latched organics lids or certain cart colors, match them to avoid violations and rejected loads.
• Unlabeled customer‑area bins. Where front‑of‑house collection is required, co‑locate and label every stream to match BOH.
• UCO theft/spills. Lock tanks, locate them in camera view, and keep absorbents at the loading area.

Quick local checklist by waste stream

• Organics: co‑located bins, clear labels, staff signage, verify service or self‑haul rules, keep receipts where applicable.³
• Grease/FOG: sized interceptor, accessible manholes, routine pump‑outs with manifests, follow local discharge limits.²
• Used cooking oil: secure container, licensed hauler pickups with receipts, no pouring to drains.
• Recycling/Trash: labeled, covered containers, keep lids closed, clean pads, match your carter’s accepted items.

Conclusion

Get the basics right: label, separate, keep grease out of drains, and document everything. Then most waste, grease, and organics inspections become routine.

Glossary

• FOG: Fats, oils, and grease that can clog sewers and require control programs.
• POTW: Publicly owned treatment works (your city sewer utility/plant).
• FDA Food Code: Model retail food safety code many health departments adopt.
• SB 1383: California’s statewide organics reduction law affecting businesses.
• DSNY: New York City Department of Sanitation (commercial organics rules).
• UCO: Used cooking oil collected for recycling.

Sources

Footnotes

1. https://www.fda.gov/food/fda-food-code/food-code-2022 ↩ ↩²

2. https://www.epa.gov/npdes/pretreatment-standards-and-requirements-general-and-specific-prohibitions ↩ ↩² ↩³ ↩⁴

3. https://calrecycle.ca.gov/Recycle/Commercial/Organics/FAQ/ ↩ ↩² ↩³

4. https://www.nyc.gov/site/dsny/businesses/materials-handling/commercial-organics-requirements.page ↩ ↩² ↩³