A. Any
person required to obtain a FOG WDP shall complete and file with the
director, prior to commencing or continuing discharges, an application
in a form prescribed by the director. All applicable fees required
by this chapter shall accompany the application. The FOG WDP application
may be obtained from the city's industrial waste division.
B. Applicants
may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances
by size, location and elevation for evaluation.
C. Other
information related to the applicant's business operations and potential
discharge may be requested to properly evaluate the FOG WDP application.
D. After
evaluation of the data furnished, the FOG WDP may be issued, subject
to terms and conditions set forth in this chapter and as otherwise
determined by the director to be appropriate to protect the public
sewer.
(Ord. 4683 § 1, 2008)
A FOG WDP application fee shall be paid by the applicant in
an amount as established by resolution adopted by the city council,
as amended from time to time. Payment of the FOG WDP application fee
must be received by the director upon submission of the FOG WDP application.
A permittee shall also pay any delinquent invoices in full prior to
any FOG WDP renewal.
(Ord. 4683 § 1, 2008; Ord. 5800 § 39, 2017)
The issuance of a FOG WDP may include, but is not limited to,
any of the following conditions or limits:
A. Limits
on discharge of FOG and other pollutants.
B. Requirements
for proper operation and maintenance of grease interceptors and other
grease control devices.
C. Grease
interceptor maintenance frequency and schedule.
D. Requirements
for implementation of BMPs.
E. Requirements
for maintaining and reporting status of BMPs.
F. Requirements
for maintaining and submitting logs and records, including waste hauling
records and waste manifests including the ultimate disposition of
the wastes that contain FOG.
G. Requirements
to self-monitor.
H. Requirements
for the FSE to construct, operate and maintain, at its own expense,
grease control device and sampling facilities.
I. Additional
requirements as otherwise determined to be reasonably appropriate
by the director to protect the public sewer or as specified by other
regulatory agencies.
J. Other
terms and conditions which may be reasonably applicable to ensure
compliance with this chapter.
(Ord. 4683 § 1, 2008)
A. The
terms and conditions of an issued FOG WDP may be subject to modification
in the sole discretion of the director during the life of the FOG
WDP based on:
1. The
permittee's current or anticipated operating data;
2. Changes
in the requirements of state or federal regulatory agencies that oversee
and monitor the city; or
3. A
determination by the director that such modification is appropriate
to further the objectives of this chapter and all applicable regulations.
B. A permittee
may request modification of the terms and conditions of an issued
FOG WDP. Any request shall be in writing stating the requested change
and the reasons for the change. The director shall review the request,
make a determination on the request, and respond in writing.
C. A permittee
shall be informed of any change in the FOG WDP limits, conditions
and/or requirements at least 45 days prior to the effective date of
the change. Any changes or new conditions in the FOG WDP shall include
a reasonable time schedule for compliance.
(Ord. 4683 § 1, 2008)
FOG WDPs shall be issued for a specified time period, not to
exceed three years. At least 30 days prior to the expiration of the
FOG WDP, the permittee shall re-apply and pay applicable fees for
the renewal of the WDP as established by resolution adopted by the
city council, as amended from time to time, in accordance with the
provision of this chapter.
(Ord. 4683 § 1, 2008; Ord. 4768 § 1, 2009; Ord. 5800 § 40, 2017)
A. A limited
food preparation establishment may not be considered an FSE and may
be exempt from obtaining a FOG WDP. Exempt establishments shall be
engaged only in reheating, hot holding or assembly of ready to eat
food products and as a result, there may not be wastewater discharge
containing significant amount of FOG.
B. An
exemption from obtaining a FOG WDP may be requested in writing. If
the director determines that the reasons for the request are valid,
an exemption may be granted.
C. A limited
food preparation establishment may be required to follow the BMPs
defined for all FSEs. A limited food preparation establishment that
discharges FOG in excess of the defined limits may be reclassified
as an FSE and required to obtain a FOG WDP at the director's discretion.
(Ord. 4683 § 1, 2008)
A FOG WDP issued pursuant to this chapter is for a specific
FSE, for a specific operation and creates no vested rights. No holder
of a FOG WDP shall assign, transfer and/or sell the FOG WDP and/or
use the FOG WDP on any premises or for any facilities, operations
and/or discharges not expressly encompassed within the FOG WDP. Any
FOG WDP that is transferred to a new owner and/or operator and/or
to a new facility in violation of this chapter is void.
(Ord. 4683 § 1, 2008; Ord. 4912 § 1, 2011)
Upon request by the city:
A. Any
FSE may be required to submit two copies of facility site plans, mechanical
and plumbing plans and details to show all sewer locations and connections.
The submittal shall be in a form and content acceptable to the director
for review of the existing or proposed grease control device, grease
interceptor, monitoring facilities, metering facilities and operating
procedures. The review of the plans and procedures shall in no way
relieve the FSE of the responsibility of modifying the facilities
or procedures in the future as necessary to produce an acceptable
discharge, and to meet the requirements of this chapter or the requirements
of any other regulatory agency.
B. The
city may require the drawings be prepared by a California registered
civil, chemical, mechanical or electrical engineer.
C. All
drawings shall be submitted to the industrial waste division.
(Ord. 4683 § 1, 2008)
A. The
director may require periodic reporting of the status of implementation
of BMPs, in accordance with the FOG control program.
B. The
director may require visual monitoring at the sole expense of the
permittee to observe the actual conditions of the FSE's sewer lateral
and sewer lines downstream.
C. The
director may require reports for self-monitoring of wastewater constituents
and FOG characteristics of the permittee needed for determining compliance
with any conditions or requirements as specified in the FOG WDP or
this chapter. Monitoring reports of the analyses of wastewater constituents
and FOG characteristics shall be in a manner and form approved by
the director and shall be submitted upon request of the director.
Failure by the permittee to perform any required monitoring, or to
submit monitoring reports required by the director constitutes a violation
of this chapter and shall be cause for the city to initiate all necessary
tasks and analyses to determine the wastewater constituents and FOG
characteristics for compliance with any conditions and requirements
specified in the FOG WDP or in this chapter. The permittee shall be
responsible for any and all costs and expenses of the city in undertaking
such monitoring analyses and preparation of reports.
D. Other
reports may be required, such as compliance schedule progress reports,
FOG control monitoring reports, and any other reports deemed reasonably
appropriate by the director to ensure compliance with this chapter.
(Ord. 4683 § 1, 2008)
The permittee shall be required to keep all manifests, receipts
and invoices of all cleaning, maintenance, grease removal of/from
the grease control device, disposal carrier and disposal site location
for no less than three years. The permittee shall, upon request, make
the manifests, receipts and invoices available to the director, any
inspector and/or any enforcement officer. These records may include:
A. An
on-site logbook of grease interceptor, grease trap or grease control
device cleaning and maintenance practices.
B. A record
of BMPs being implemented, including employee training.
C. Copies
of records and manifests of waste hauling interceptor contents.
D. Records
of sampling data and sludge height monitoring for FOG and solids accumulation
in the grease interceptors.
E. Records
of any spills and/or cleaning of the sewer lateral or public sewer.
F. Any
other information deemed appropriate by the director to ensure compliance
with this chapter.
(Ord. 4683 § 1, 2008)
It is unlawful to make any false statement, representation,
record, report, plan or other document that is filed with the city
and/or the director, or to tamper with or knowingly render inoperable
any grease control device, monitoring device or method or access point
required under this chapter.
(Ord. 4683 § 1, 2008)
A. The
director may inspect or order the inspection and sample the wastewater
discharges of any FSE to ascertain whether the intent of these regulations
is being met and the permittee is complying with all requirements.
The permittee shall allow access to the FSE premises, during normal
business hours, for purposes of inspecting the FSE's grease control
devices or interceptor, reviewing the manifests, receipts and invoices
relating to the cleaning, maintenance and inspection of the grease
control devices or interceptor.
B. The
director shall have the right to place or order the placement on the
FSE's property, or other locations as determined by the director,
such devices as are necessary to conduct sampling or metering operations.
Where an FSE has security measures in force, the permittee shall make
necessary arrangements so that the director and/or an inspector shall
be permitted to enter without delay for the purpose of performing
their specific responsibilities.
C. In
order for the director to determine the wastewater characteristics
of the discharger for purposes of determining compliance with FOG
WDP requirements, the permittee shall make available for inspection
and copying by the director, an inspector, an enforcement officer
and/or service personnel, all notices, monitoring reports, waste manifests
and records including, but not limited to, those related to wastewater
generation and wastewater disposal. All such records shall be kept
by the permittee a minimum of three years.
(Ord. 4683 § 1, 2008)
Users or permittees of premises where wastewater is created
or discharged shall allow the director, an inspector and/or an enforcement
officer reasonable access to all parts of the wastewater generating
and disposal facilities for the purposes of inspection and sampling
during all times the FSE is open, operating, or any other reasonable
time. No persons or occupants of premises shall interfere with, delay,
resist or refuse entrance to the director, an inspector and/or an
enforcement officer attempting to inspect any facility involved directly
or indirectly with a discharge of wastewater to the public sewer.
In the event of an emergency involving an actual or imminent SSO,
the director, an inspector and/or an enforcement officer may access
adjoining businesses or properties that share a public sewer with
an FSE in order to prevent or remediate the actual or imminent SSO.
(Ord. 4683 § 1, 2008)
A. In
the event a permittee is unable to comply with any FOG WDP condition
due to a breakdown of equipment, accidents or human error or the permittee
has reasonable opportunity to know that their discharge will exceed
the discharge provisions of the FOG WDP or this chapter, the user/permittee
shall immediately notify the city by telephone at the number specified
in the FOG WDP. If the material discharged to the public sewer has
the potential to cause or result in sewer blockages or SSOs, the user/permittee
shall immediately notify the city.
B. Confirmation
of this notification shall be made in writing to the director at the
address specified in the FOG WDP postmarked no later than two calendar
days from the date of the incident. The written notification shall
state the date of the incident, the reasons for the discharge or spill,
what steps were taken to immediately correct the problem, and what
steps are being taken to prevent the problem from recurring.
C. Such
notification shall not relieve the permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage
or loss to the city or any other damage or loss to persons or property;
nor shall such notification relieve the permittee of any fees or other
liability which may be imposed by these regulations or other applicable
law.
(Ord. 4683 § 1, 2008)
A permittee shall notify the industrial waste division at least
60 days prior to any facility expansion or remodeling, or process
modifications that may result in new or substantially increased FOG
discharges or a change in the nature of the discharge. A permittee
shall notify the industrial waste division in writing of the proposed
expansion or remodeling and shall submit any information requested
by the industrial waste division for evaluation of the effect of such
expansion or remodeling on the permittee's FOG discharge to the public
sewer.
(Ord. 4683 § 1, 2008)