[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
The purposes of this article are to:
(1)
Prevent blockages and overflows from sewer lines caused by the
discharge of fats, oils and grease;
(2)
Reduce the adverse affects on sewage treatment operations resulting
from discharges of fats, oils, and grease into the system;
(3)
Specify requirements for fat, oil and grease producing facilities
discharging into the public sanitary sewer; and
(4)
Protect public health and the environment by minimizing public
exposure to unsanitary conditions.
(b)
The intent of this article is to use the police power of the City
to regulate the direct and indirect discharge of waste containing
fats, oils, and grease into the public sanitary sewer in a manner
that complies with all applicable laws, including the Federal Clean
Water Act, California Water Code, and applicable waste discharge requirements.
It is the intent of this article to protect the public health, safety
and welfare by establishing regulations for the disposal of grease
and other insoluble waste discharges from food service establishments
within the City.
(c)
The City Council, in enacting this chapter, intends to provide for
the maximum beneficial public use of the public sewer, to prevent
blockages of that system and the accidental discharge of wastewater
into the storm drain system or the Pacific Ocean, to ensure the cost
of maintaining the public sewer is equitably distributed among users,
to clarify grease disposal requirements for existing food service
establishments, and to promote public health, safety and welfare.
(d)
In the event of any conflict or inconsistency between the provisions
of this article and the provisions of the Plumbing Code as adopted
by this Code, the provisions of this article shall govern.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
As used in this article, the following terms are defined:
Shall mean any liquid outflow from the food service establishment
that is discharged to the public sanitary sewer.
Shall mean any substance such as a vegetable or animal product
that is used in, or is a by-product of, the cooking or food preparation
process, and that turns or may turn viscous or solidifies with a change
in temperature or other conditions.
Shall mean any device whose purpose is to grind food waste
or food preparation by-products for the purpose of disposing it in
the sewer system.
Shall mean any food preparation establishment, restaurant,
cafeteria, or any other establishment preparing food for consumption.
Residences are not considered food service establishments under this
definition.
Shall mean any grease interceptor, grease trap or other mechanism,
device, or process, which attaches to, or is applied to, wastewater
plumbing fixtures and lines, the purpose of which is to trap or collect
or treat FOG prior to it being discharged into the public sewer system.
Shall mean a multi-compartment device that is constructed
in different sizes and is generally required to be located, according
to the Plumbing Code, underground between a food service establishment
and the connection to the public sewer system. These devices primarily
use gravity to separate FOG from the wastewater as it moves from one
compartment to the next. These devices must be cleaned, maintained,
and have the FOG removed and disposed of in a proper manner on regular
intervals to be effective.
Shall mean a control device that is used to serve individual
fixtures and has limited effect and should only be used in those cases
where the use of a grease interceptor or other grease control device
is determined to be impossible or impracticable.
Shall mean the California Plumbing Code, as adopted by reference
into the Avalon Municipal Code, together with any local amendments
thereto.
Shall mean the reduction of the amount of pollutants, the
elimination of pollutants, or the alteration of the nature of pollutant
properties in wastewater prior to or in lieu of discharging or otherwise
introducing such pollutants into the public sanitary sewer. Pretreatment
may be obtained through physical, chemical, or biological processes,
process changes, or by other means approved by the City.
Shall mean a physical change or operational change causing
generation of the amount of FOG that exceed the current amount of
FOG discharge to the sewer system by the food service establishment
in an amount that alone or collectively causes or creates a potential
for sanitary sewer overflows to occur or exceeding a cost of $50,000
to a food service establishment that requires a building permit, and
involves any one or combination of the following: (1) under slab plumbing
in the food processing area; (2) a 30% increase in the net public
seating area; (3) a 30% increase in the size of the kitchen area;
or (4) any change in the size or type of food preparation equipment.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
General Prohibition. No person shall discharge or cause to be discharged
into the public sewer system from a food service establishment any
FOG that may accumulate and/or cause or contribute to blockages in
the public sewer system or at the private sewer lateral which connects
the food service establishment to the public sewer system.
(b)
Food Grinders. No person shall install food grinders in the plumbing
system of new constructions of food service establishments. Furthermore,
all food grinders shall be removed from all existing food service
establishments within 180 days of formal notification by the City
that this article has become effective, except as expressly allowed
by the City Manager.
(c)
Additives. No person shall introduce any additives into a food service
establishment's wastewater system for the purpose of emulsifying FOG,
unless a specific written authorization from the City Manager is obtained.
(d)
Waste Cooking Oil. No person shall dispose of waste cooking oil into
drainage pipes. All waste cooking oils shall be collected and stored
properly in receptacles such as barrels or drums for recycling or
other acceptable methods of disposal.
(e)
Dishwasher Wastewater. No person shall discharge wastewater from
dishwashers to any grease trap or grease interceptor.
(f)
Wastewater Temperature. No person shall discharge wastewater with
temperatures in excess of 140° F. to any grease control device,
including grease traps and grease interceptors.
(g)
Fecal Material. No person shall discharge wastes from toilets, urinals,
wash basins, or other fixtures containing fecal materials to sewer
lines intended for grease interceptor service, or vice versa.
(h)
Grease Control Device. No person shall discharge any waste including
FOG and solid materials removed from a grease control device to the
sewer system. Grease removed from grease interceptors shall be wastehauled
periodically as part of the operation and maintenance requirements
for grease interceptors.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
The City Manager may prepare and administratively adopt a fats,
oils and grease (FOG) program to provide administrative guidance on
the implementation and enforcement of this article. The City Manager
may update the FOG program administratively as needed to achieve the
applicable performance standards for the public sewer.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
Every food service establishment shall obtain a permit from the City Manager prior to discharging wastewater to the public sanitary sewer, pursuant to § 6-7.225, within 180 days of receiving notice from the City that such permit is required. The connection permit issued to a FSE pursuant to this section may require pretreatment of wastewater prior to discharge, restriction of peak flow discharges, discharge of certain wastewater only to specified sewers of the City, relocation of point of discharge, prohibition of discharge to certain wastewater components, restrictions of discharge to certain hours of the day, payment of additional charges to defray increased costs of the City created by the wastewater discharge, and other conditions as may be required to effectuate the purpose and intent of this chapter. No person shall discharge wastewater in excess of the quantity or quality limitations set by any permit issued pursuant to this section and any other applicable requirements pursuant to Federal, State or local law.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
In addition to the application requirements of § 6-7.227, as FSE shall submit the following information:
(a)
Name and address of applicant;
(b)
Volume of wastewater to be discharged;
(c)
Time of daily food preparation operations;
(d)
Description of food preparation, type, number of meals served, cleanup
procedures, dining room capacity, number of employees and size of
kitchen; and
(e)
Any other information as may be deemed necessary by the City Manager
to evaluate the permit application.
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The City Engineer may require additional information and an
on-site inspection of the waste discharge system, treatment systems
or other system relating to the waste discharge. Within 30 days of
the submission of an application deemed complete by the City Manager,
the City shall either issue subject to certain terms and conditions
or deny an FSE sewer connection permit.
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[§ 2, Ord. 1118-13, eff. July 4, 2013]
A permit issued pursuant to this article shall be issued for
a specified time period not to exceed five years. The terms and conditions
of the permit may be subject to modification by the City during the
term of the permit as deemed necessary by the City Engineer. The FSE
shall be informed of any proposed changes in the permit at least 30
days prior to the effective date of change. Any changes or new conditions
in the permit shall include a reasonable time schedule for compliance.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
A permit issued pursuant to this article shall be issued only
for specific use for a specific operation. Any sale, lease, transfer
or assignment of the use or operation for which the permit issued
shall require a new permit. Any new or changed conditions of use or
operation may also require a new permit.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
The City Manager may revoke any permit issued to any FSE found
to be in violation of the requirements of this chapter or for any
of the following:
(a)
Failing to comply with the conditions of the permit;
(b)
Failing to install any required grease control device as required
by the permit;
(c)
Failing to comply with the reporting or pretreatment requirements
or pretreatment device maintenance as required by the permit;
(d)
Failing to comply with a notice of violation or a compliance schedule
agreement or any other provision of this Code;
(e)
Falsifying information in a permit application, making false representations
or submitting false documents, reports or logs to the City Engineer;
(f)
Refusing to allow inspections during normal business hours or after
hours if emergency conditions exist such as an overflow or suspected
overflow;
(g)
Interfering with an inspection or the sampling authorized pursuant
to this chapter; or
(h)
Causing or contributing to sewer blockages or sewer overflows within
the public sewer or failing to address the conditions leading to more
than one overflow event from a private system within a twelve-month
period.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
General. Fees identified in this article shall be established from
time to time by resolution of the City Council.
(b)
Permit Fee. Permit fees shall be collected in conjunction with the
issuance of the permit.
(c)
Inspection Fee. A fee based on the specified frequency of inspection
as outlined in the FOG control program shall be collected at the time
of permit issuance.
(d)
Reinspection Fee. A reinspection fee may be collected for additional
inspections required to determine whether specified corrective actions
for noted violations of this chapter have been implemented and if
additional improvements are required.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
Food service establishments shall maintain records of grease
control device cleaning, maintenance and grease removal and report
on such maintenance to the City as requested. The City Engineer may
require the FSE to provide results of periodic measurements of its
discharge which may include chemical analysis of oil and grease content.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Generally. Food service establishments are required to install, operate
and maintain an approved type and adequately sized grease interceptor
necessary to maintain compliance with the objectives of this article.
The grease interceptor shall be adequate to separate and remove FOG
contained in wastewater discharges from food service establishments
prior to discharge to the sewer system. Fixtures, equipment, and drain
lines located in the food preparation and clean up areas of food service
establishments that are sources of FOG discharges, including but not
limited to three-compartment sinks, scullery (preparation) sinks,
floor drains, mop sinks along a cook line, prewash sinks at dishwashing
stations, shall be connected to the grease interceptor.
(b)
Plan Review.
(1)
Applicants or users are required to submit copies of detailed
facility proposed grease interceptors, pretreatment facilities, spill
containment facilities, and operating procedures, prepared by a licensed
and registered professional engineer, together with a fee established
by resolution of the City Council, to the City. Facility plans shall
also include site plans, floor plans, mechanical and plumbing plans,
and details to show all wastewater plumbing, spill containment, and
appurtenances by size, location, and elevation. The review of the
plans and procedures shall in no way relieve the user of the responsibility
of modifying the facilities or discharge, and to meet the requirements
of this article or any requirements of other regulatory agencies.
(2)
The design, location and procedures for operation and maintenance
of a required grease interceptor shall be approved by the City Manager.
Such approval shall be obtained prior to the user's connection of
the facility to the public wastewater system.
(3)
No food service establishment or other identified user shall
be constructed except according to plans and specifications approved
by the City Manager.
(4)
Approved plans and specifications shall not be changed or altered
without written approval by the City Manager.
(c)
Compliance with this section shall be established as follows:
(1)
New Construction of Food Service Establishments. New construction
of food service establishments shall include and install grease interceptors
prior to commencing discharges of wastewater to the sewer system.
(2)
Existing Food Service Establishments.
a.
For existing food service establishments, the requirement to install and to properly operate and maintain a grease interceptor may be conditionally stayed, that is, delayed in its implementation, on written approval from the City Manager for up to three years after the effective date of this article (July 4, 2013). The City Manager may also issue additional stays, as appropriate, and variances or waivers as set forth in § 6-7.405.
b.
Existing food service establishments that have reasonable potential
to adversely impact the sewer system or have sewer laterals connected
to hot spots, as determined by the Program Manager, shall install
grease interceptors within 180 days of formal notice from the Program
Manager to install such a grease interceptor.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Variance from Grease Interceptor Requirements. A variance from the
grease interceptor requirements to allow alternative pretreatment
technology that is, at least, equally effective in controlling the
FOG discharge in lieu of a grease interceptor may be granted to food
service establishments demonstrating that it is impossible or impracticable
to install, operate or maintain a grease interceptor. The City Manager's
determination to grant or revoke a variance will be based on, but
not limited to, evaluation of the following conditions:
(1)
There is no adequate space for installation and/or maintenance
of a grease interceptor.
(2)
There is no adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the grease
interceptor and the private collection lines or the public sewer.
(3)
The food service establishment can justify that the alternative
pretreatment technology is equivalent or better than a grease interceptor
in controlling its FOG discharge. In addition, the food service establishment
must be able to demonstrate, after installation of the proposed alternative
pretreatment, its effectiveness to control FOG discharge through downstream
visual monitoring of the sewer system, for at least three months,
at its own expense. A variance may be granted if the results show
no visible accumulation of FOG in its lateral and/or tributary downstream
sewer lines.
(b)
Conditional Waiver from Installation of Grease Interceptor. A conditional
waiver from installation of a grease interceptor may be granted for
food service establishments that have been determined to have negligible
FOG discharge and insignificant impact to the sewer system. The City
Manager's determination to grant or revoke a conditional waiver shall
be based on, but not limited to, evaluation of the following conditions:
(1)
Quantity of FOG discharge as measured or as indicated by the
size of food service establishment based on seating capacity, number
of meals served, menu, water usage, amount of on-site consumption
of prepared food and other conditions that may reasonably be shown
to contribute to FOG discharges.
(2)
Adequacy of implementation of Best Management Practices and
compliance history.
(3)
Sewer size, grade, condition based on visual information, FOG
deposition in the sewer by the food service establishment, and history
of maintenance and sewage spills in the receiving sewer system.
(4)
Changes in operations that significantly affect FOG discharge.
(5)
Any other condition deemed reasonably related to the generation
of FOG discharges by the City Manager.
(c)
Application for Waiver or Variance of Requirement for Grease Interceptor.
A food service establishment may submit an application and fee in
an amount established by resolution of the City Council, for waiver
or variance from the grease interceptor requirement to the City Manager.
The food service establishment bears the burden of demonstrating,
to the City Manager's reasonable satisfaction, that the installation
of a grease interceptor is not feasible or applicable. Upon determination
by the Program Manager that reasons are sufficient to justify a variance
or waiver, the permit will be issued or revised to include the variance
or waiver and relieve the food service establishment from the requirement.
(d)
Revocation of Waiver or Variance. A waiver or variance may be revoked
at any time when any term or condition for its issuance is not satisfied
or if the conditions on which the waiver was based change so that
the justification for the waiver or variance no longer exist.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
The installation of a proper grease interceptor shall be the responsibility
of the person who applies for the connection and the person whose
operations cause or contribute to the necessity for a grease interceptor.
(b)
Grease interceptors shall be installed, utilized, and properly maintained
for continuous and efficient operation at all times and at the expense
of the user.
(c)
The City Manager shall approve the type, capacity and construction
of all grease interceptors in writing prior to installation.
(d)
A common grease interceptor shared by multiple businesses may be
utilized only if specifically authorized by the City Manager and upon
evidence of legal operating and maintenance agreements between the
involved property owners.
(e)
Grease interceptors no longer in use shall be abandoned in accordance
with the Plumbing Code.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Grease interceptors for food service establishments shall be sized
and designed in compliance with the Plumbing Code, unless otherwise
specified herein.
(b)
Other factors that may influence the design include, but shall not
be limited to, the following:
(1)
The type of facility (such as a restaurant, bakery, food processing
factory, etc.);
(2)
The volume of the user's business or operation (such as number
of meals served, number of seats, hours of operation, etc.);
(3)
The peak flow of process wastewater discharged to the collection
system;
(4)
Size and nature of facilities (including kitchen facilities)
based on size, type, number of fixtures, and type of processing or
cooking equipment used;
(5)
The type of service provided or operation undertaken (such as
dine-in meal service versus carry-out meal service);
(6)
The type of foods or other materials used in cooking, processing
or manufacturing operations conducted within the facility;
(7)
The overall potential for grease-laden discharges;
(8)
The existence of devices, procedures or processes designed to
minimize the amount of fats, oil or grease from entering the collection
system;
(9)
The location of the facility, if it is located in a known problem
area;
(10)
Any prior problems with the facility, such as blockages, violations,
etc.
(c)
All grease interceptors shall be certified by the International Association
of Plumbing and Mechanical Officers, or another listing agency approved
by the City Manager, and be installed according to the Plumbing Code.
(d)
All grease interceptors shall include an effluent sample box of a
type and size approved by the City Manager.
(e)
Inspection by the City Manager, or an authorized inspector, of installed
grease interceptors and piping prior to backfilling is required. Piping
shall meet the requirements of the Plumbing Code.
(f)
Grease interceptors shall have a sanitary tee located inside the
sample box on the discharge side of the sample box.
(g)
Grease interceptors shall have a cleanout installed after the sample
box on the private lateral and at intervals required by the Plumbing
Code.
(h)
All manholes and sample boxes are to be installed a minimum of 1/2
inch above the finished grade with a concrete collar a minimum of
18 inches around the manhole and sample box lids.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Any user who is required by the City Manager or this article to install
or operate a grease interceptor shall be required to adequately maintain
the grease interceptor at the user's expense, so that the grease interceptor
is in proper working order at all times. Maintenance shall include
the complete removal of all contents, including floating materials,
wastewater, sludge and solids. Decanting or discharging of removed
waste back into the grease interceptor from which the waste was removed
or into any other grease interceptor, for the purpose of reducing
the volume to be hauled is prohibited.
(b)
Grease interceptors shall be cleaned out completely by a permitted
waste hauler as necessary to assure that the grease interceptor will
operate as designed at all times or as otherwise specified by the
City Manager.
(c)
A maintenance log indicating each pumping of a grease interceptor
for the previous 12 months and any other pertinent information shall
be maintained by each food service establishment. This log shall include,
but not be limited to, date, time, amount pumped, hauler, and disposal
site, and the log shall be kept in a conspicuous location for inspection
by the City Manager or the authorized inspector during normal business
hours.
(d)
All users must sign a waste manifest form before having a waste load
transported by a permitted hauler. The user shall also keep copies
of the manifest form for a period of at least three years, and make
all manifest records available for inspection by the City Manager
during normal business hours.
(e)
All waste removed from a grease interceptor must be disposed at a
facility permitted by the County of Los Angeles or applicable regulatory
agencies to receive such waste. The pumpage shall not be returned
to the public sewer system or manhole, any private wastewater system
or storm drains.
(f)
All grease interceptors shall be located as to be readily and easily
accessible for cleaning, inspection and removal of intercepted waste.
(g)
Any fixture connected to a grease interceptor shall have a nonremovable,
secured food strainer of such integrity to withstand daily operational
usage.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
The City may require food service establishments to install grease
traps in the waste line leading from drains, sink, and other fixtures
or equipment where grease may be introduced into the sewer system
in quantities that can cause blockage.
(b)
Sizing and installation of grease traps shall conform to the Plumbing
Code.
(c)
Grease traps shall be maintained in efficient operating conditions
by removing accumulated grease on a daily basis.
(d)
Grease traps shall be maintained free of all food residues and any
FOG waste removed during the cleaning and scraping process.
(e)
Grease traps shall be inspected periodically to check for leaking
seams and pipes, and for effective operation of the baffles and flow
regulating device. Grease traps and their baffles shall be maintained
free of all caked-on FOG and waste. Removable baffles shall be removed
and cleaned during the maintenance process.
(f)
Dishwashers and food waste disposal units shall not be connected
to or discharged into any grease trap.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Generally. All food services establishments shall implement Best
Management Practices in their operations to minimize the discharge
of FOG to the sewer system. This may include kitchen practices and
employee training that are essential in minimizing FOG discharge.
At a minimum, best management practices shall include the requirements
of this section.
(b)
Drain Screens.
(1)
Drain screens shall be installed on all drainage pipes in food
preparation areas for existing food service establishments within
one year after the effective date of this chapter (July 4, 2013).
(2)
Within one year after the effective date of this chapter, drain
screens shall be installed on all drainage pipes in food preparation
areas for all new food service establishments deemed by the City Manager
to generate grease.
(c)
Waste Cooking Oil.
(d)
Food Waste. All food waste shall be placed in enclosed plastic bags
and disposed of directly into the trash or garbage, and not in sinks.
(e)
Employee Training.
(1)
Employees of the food service establishment shall be trained
within one year after the effective date of this chapter, and twice
each calendar year thereafter, on the following subjects:
a.
How to "dry wipe" pots, pans, dishware and work areas before
washing to remove grease;
b.
How to properly dispose of food waste and solids in enclosed
plastic bags prior to disposal in trash bins or containers to prevent
leaking and odors;
c.
The location and use of absorption products to clean under fryer
baskets and other locations where grease may be spilled or dripped;
d.
How to properly dispose of grease or oils from cooking equipment
into a grease barrel or drum without spilling.
(2)
Training shall be documented and employee signatures retained
indicating each employee's attendance and understanding of the practices.
(3)
Training records shall be available for review at any reasonable
time by an authorized inspector.
(f)
Maintenance of Kitchen Exhaust Filters. Kitchen exhaust filters shall
be cleaned as frequently as necessary to be maintained in good operating
condition, but in no event less than one time per month.
(g)
Kitchen Signage. All Best Management Practices shall be posted conspicuously
in the food preparation and dishwashing areas at all times.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
The City may require a food service establishment to construct and
maintain in proper operating condition at the food service establishment's
sole expense, monitoring facilities and practices.
(b)
The City may require a food service establishment to inspect and
sample wastewater discharges of any food service establishment to
ascertain whether the intent of this article is being met.
(c)
The City may require the food service establishment to submit waste
analysis plans, contingency plans, and meet other necessary requirements
to ensure proper operation and maintenance of the grease control device
or grease interceptor and compliance with this article.
(d)
No food service establishment shall increase the use of water or
in any other manner attempt to dilute a discharge as a partial or
complete substitute for treatment to achieve compliance with this
article and any order.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
The City is hereby authorized to enter the premises of any food service
establishment at all times during normal business hours, for purposes
of inspecting the food service establishment's grease control devices
or grease interceptor, reviewing the manifests, receipts and invoices
relating to the cleaning, maintenance and inspection of the grease
control devices or grease interceptor and otherwise determining whether
the requirements of this article are being met. The City may require
the food service establishment to provide immediate, clear, safe and
uninterrupted access to the food service establishment's monitoring
and metering facilities.
(b)
No person shall interfere with the City's ready access to all parts
of a food service establishment's premises.
[§ 2, Ord. 1118-13, eff. July 4, 2013]
(a)
Violation. No person shall violate any provision or fail to comply
with any of the requirements of this article. Any violation or failure
to comply with the requirements of this article shall be a violation
of this Code.
(b)
Public Nuisance. Any violation or failure to comply with the requirements
of this article shall constitute a public nuisance. The City Attorney
is authorized to commence necessary proceedings provided by local
or State law to abate, remove and enjoin such public nuisance.
(c)
Enforcement. The City may enforce any violation of the requirements
of this article in accordance with Article 5 of this chapter.
