It is the intent of this chapter to establish regulations for
the disposal of grease and other insoluble waste discharges from commercial
kitchens within the City. The City Council, in enacting the ordinance
codified in this chapter, intends to provide for the protection and
maximum beneficial public use of the City's sewer system, to prevent
sewer system overflows from the buildup of grease in sewer lines,
to ensure the cost of maintaining the public sewer system is equitably
distributed amongst users, to clarify grease disposal requirements
for existing commercial kitchens, and to promote public health and
safety.
(Ord. 2012-1131 § 2)
means schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
means any change in the ownership, food types, or operational
procedures that have the potential to increase the amount of FOG generated
and/or discharged by FSEs in an amount that alone or collectively
causes or creates a potential for SSOs to occur.
means the City Manager of the City of Imperial Beach or designee.
means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer. Discharger shall
mean the same as user.
means any liquid outflow from the FSE that is discharged
to the sewer.
means an FSE which legally exists and operates at the time
of the effective date of the ordinance codified in this chapter.
means any substance such as a vegetable or animal product
that is used in, or is a byproduct of, the cooking or food preparation
process, and that turns or may turn viscous or solidifies with a change
in temperature or other conditions.
means the FOG control program required by and developed pursuant
to State Water Resources Control Board (SWRCB) Order No. 2006-0003-DWQ.
means any device installed in the plumbing or sewage system
for the purpose of grinding food waste or food preparation byproducts
for the purpose of disposing it in the sewer system.
means any food preparation establishment, restaurant, cafeteria,
or any other establishment preparing food for consumption. Domestic
homes are not considered food service establishments under this definition.
means 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 sewer system. "Grease
control device" may also include any other proven method to reduce
FOG subject to the approval of the City.
means a multicompartment device that is constructed in different
sizes and is generally required to be located, according to the California
Plumbing Code, underground between an FSE and the connection to the
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.
means a grease control device that is used to serve individual
fixtures and have 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.
means areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained frequently to
avoid blockages of sewer system.
means a grease interceptor.
means the individual designated by the City Manager to administer
the FOG control program. A consultant retained under contract by the
City may be designated as the FOG control program manager. The FOG
control program manager is responsible for all determinations of compliance
with the program, including approval of discretionary waivers, inspections
and development and implementation of the best management practices
and the rules and regulations for the City's FOG control program.
(Ord. 2012-1131 § 2)
No FSE shall discharge or cause to be discharged FOG into the
sewer system.
(Ord. 2012-1131 § 2)
FSEs shall comply with the following conditions:
A.
If
requested, the FSE shall submit pertinent information on business
operations to the City in order to assess the overall impact on the
sewer collection system. The FSE may be required to submit, in units
and terms appropriate for evaluation, the following information:
1.
Name,
address and Standard Industrial Classification number of FSE;
2.
Volume
of wastewater to be discharged;
3.
Proposed
wastewater constituents;
4.
Time
of daily food preparation operations;
5.
Average
and 30-minute peak wastewater flow rates, including daily, monthly
and seasonal variation if any;
6.
Description
of activities, facilities and plant processes on the premises including
all materials which are or could be discharged;
7.
Plans
or diagrams depicting location of on-site sewer lines pumping stations
and any reclamation or pretreatment facilities;
8.
Description
of food preparation, type, number of meals served, cleanup procedures,
dining room capacity, number of employees and size of kitchen;
9.
Any
other information required by the program manager to evaluate the
FOG disposal of the FSE. The program manager will evaluate the data
submitted and may require additional information.
B.
The
program manager will evaluate the data furnished by the applicant
and may require additional information. Prior to or after evaluation
and acceptance of the data furnished, an on-site inspection of the
waste discharge system, treatment systems or other systems relating
to the waste discharge may be required. The program manager may then
permit FOG discharge subject to terms and conditions provided herein.
C.
FSE
grease disposal shall be allowed only for specific use for a specific
operation. Re-evaluation may be required for any sale, lease, transfer
or assignment of the premises or business or any change in operations.
(Ord. 2012-1131 § 2)
The following prohibitions shall apply to all food service establishments:
A.
Installation
of food grinders in new constructions of food service establishments
shall be prohibited. Furthermore, all food grinders shall be removed
from existing food service establishments within 180 days of the effective
date of the ordinance codified in this chapter.
B.
Introduction
of any additives into a food service establishment's wastewater system
for the purpose of emulsifying FOG is prohibited, unless a specific
written authorization from the program manager is obtained based upon
evidence showing that such additives will not cause or contribute
to interference and/or a sewer system overflow.
C.
Discharge
of wastewater with temperatures in excess of 140° Fahrenheit to
any grease control device, including interceptors is prohibited.
D.
The
use of biological additives to treat or reduce FOG or as a supplement
to interceptor maintenance, without prior authorization from the program
manager, is prohibited. Such authorization shall be based upon evidence
showing that such biological additives will not cause or contribute
to interference and/or a sewer system overflow.
E.
No
waste removed from a grease control device may be discharged to the
sewer system.
(Ord. 2012-1131 § 2)
All building permit plans or designs shall comply with applicable
sections of the plumbing code of the City of Imperial Beach to eliminate
or minimize the sewer system impacts due to fats, oils, and grease
discharge.
A.
Food
service establishments are required to install, operate and maintain
an approved type and adequately sized grease control device necessary
to maintain compliance with the objectives of this chapter.
1.
New
Food Service Establishments.
a.
Food service establishments which are newly constructed shall install,
operate, and maintain a grease control device prior to and following
commencement of wastewater discharges to the sewer system.
b.
Newly constructed food service establishments shall size grease control
devices according to the plumbing code of the City of Imperial Beach.
c.
New food service establishments opening a new business in the location
of a previous FSE without remodeling the facility shall be required
to install a grease control device.
2.
Existing
Food Service Establishments.
a.
Existing food service establishments shall be required to install
and commence proper operation of a grease control device upon notification
by the City if in the determination of the program manager any of
the following apply:
i.
The existing food service establishment has caused or contributed
to a grease-related blockage in the sewer system including private
laterals, or which have sewer laterals connected to hot spots deemed
to have significant potential to adversely impact the sewer system.
ii.
The existing food service establishment has contributed to the buildup
of FOG in the sewer collection system, which may be determined through
observation of kitchen equipment or operations, observation of grease
in the sewer lateral, or testing of effluent shall be deemed to have
a reasonable potential to adversely impact the sewer system.
iii.
The existing food service establishment has made any change
in food preparation or business operations that is different than
the original business application and those changes will lead to an
increase in grease disposal which have been deemed to have reasonable
potential to adversely impact the sewer system.
b.
Existing food service establishments without a current California
Plumbing Code compliant grease control devise that remodels the facility
or expands kitchen area shall be required to install a grease control
device.
c.
Existing food service establishments which have already installed
a grease control device at the time of adoption of the ordinance codified
in this chapter will be allowed to continue using said device provided
it is in proper working order and meets the standards of the plumbing
code of the City of Imperial Beach.
B.
The
grease control device shall be connected to all grease bearing fixtures
and adequate to separate and remove FOG contained in wastewater discharges
from any establishment prior to discharge to the sewer system.
C.
Property
owners of commercial developments or their official designee shall
be responsible for the installation and maintenance of the grease
control device serving multiple establishments that are located on
a single parcel.
D.
Conditional
Waiver.
1.
Any
FSE may obtain a conditional waiver from the program manager, in order
to avoid compliance with the grease removal device installation requirement.
The FSE bears the burden of demonstrating, to the program manager's
reasonable satisfaction, that the installation of a grease removal
device is not necessary and that acceptable alternatives such as,
but not limited to, installation of alternative technologies or implementation
of BMPs will be sufficient to prevent significant FOG discharges from
the applicant. Upon determination by the program manager that a conditional
waiver may be granted, the FSE will be given notice in writing that
a waiver has been approved and that the FSE is relieved of the requirement
to install a grease removal device. So long as the waiver remains
effective the program manager may impose terms and conditions on the
issuance of a waiver and may impose conditions on the FSE's business
license in accordance with any approved waiver.
2.
A
conditional waiver may be suspended or revoked at any time when any
of the terms and conditions for its issuance is not satisfied or if
the conditions upon which the conditional waiver was based change
so that the justification for the exception no longer exists. Appeal
of any suspension or revocation may be made, as provided in this chapter.
3.
Period
of Validity. The conditional waiver shall be valid only so long as
the FSE remains in compliance with all requirements of this chapter,
including, but not limited to, the requirements to apply for a new
or renewed business license and to implement BMPs. The conditional
waiver may be suspended or revoked if any of the terms and conditions
for its issuance are not satisfied. Appeal of any suspension or revocation
may be made as provided in this chapter.
4.
Appeals.
The applicant or any interested person may appeal the decision of
the program manager in accordance with the provisions of this chapter.
(Ord. 2012-1131 § 2)
A.
Each
commercial kitchen with a grease control device shall be required
to employ an appropriate service or procedures for periodic collection
of accumulated grease from any grease control device. The collection
schedule shall be determined by the following criteria:
1.
Twenty-Five
Percent Rule. Grease control devices shall be fully pumped out and
cleaned at a frequency such that the combined FOG and solids accumulation
does not exceed 25% of the total designed hydraulic depth of the grease
control device. This is to ensure that the minimum hydraulic retention
time and required available hydraulic volume is maintained to effectively
intercept and retain FOG discharged to the sewer system.
B.
Maintenance
Records. Each commercial kitchen with a grease control device shall
be required to keep records of cleaning, maintenance and grease removal.
All such records must be retained on site by the permitted facility
for a minimum of three years. A separate maintenance log shall be
maintained for each grease control device and posted in the immediate
vicinity of each device. Maintenance logs shall include the following
information: grease control device location and volume; maintenance
dates; volume removed (gallons); disposal methods; and name of person
performing maintenance and, if the person is not employed by the commercial
kitchen, the name, address and phone number of the person or company
performing the maintenance activities.
C.
Inspection.
Each commercial kitchen with a grease control device shall allow City
representatives access to the premises during normal business hours
and at reasonable times, for purposes of sampling, inspections and
review of records relating to commercial kitchen grease disposal.
(Ord. 2012-1131 § 2)
All food service establishments must install, implement and
maintain the following minimum best management practices:
A.
Drain
Screens. Drain screens shall be installed on all drainage pipes in
food preparation areas.
B.
Waste
Cooking Oil.
C.
Food
Waste. All food waste shall be properly disposed of as organic waste
or placed in enclosed plastic bags and disposed directly into the
trash or garbage, and not in sinks.
D.
Employee
Training.
1.
Employees
of the food service establishment shall be trained at the beginning
of their term of employment, and once 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.
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.
Kitchen
exhaust filters and hoods shall be cleaned at least annually to be
maintained in good operating condition.
(Ord. 2012-1131 § 2)
Any violation of this chapter is hereby deemed a public nuisance and may be abated under Chapter 1.16 of this Imperial Beach Municipal Code or as otherwise provided therein. Authorized enforcement officials and authorized enforcement staff may also enforce violations of this chapter as follows:
A.
Administrative
Penalties. Administrative penalties may include, but not be limited
to, the recovery of fines assessed against the City of Imperial Beach
by the RWQCB.
B.
Cease
and Desist Orders. Written and/or verbal orders may be issued to stop
illegal discharges and/or remove illegal connections.
C.
Notice
and Order to Clean, Test, or Abate. Written and/or verbal orders may
be issued to perform any act required by this chapter where conditions
warrant.
D.
Public
Nuisance Abatement. Violations of this chapter are deemed a threat
to public health, safety, and welfare, and are identified as a public
nuisance. If actions ordered pursuant to this chapter are not performed,
the authorized enforcement official may abate any public nuisance.
City costs for pollution detection and abatement, if not paid in full
by the discharger in addition to any other penalties, may be made
a lien against the property in accordance with this procedure.
E.
Stop
Work Orders. Whenever any work is being done contrary to the provisions
of this chapter, an authorized enforcement official may order the
work stopped by notice in writing served on any person engaged in
the doing or causing such work to be done, and any such person shall
immediately stop such work until authorized by the authorized enforcement
official to proceed with the work.
F.
Permit
Suspension or Revocation. Violations of this chapter may be grounds
for permit and/or other City license suspension or revocation in accordance
with applicable sections of the Imperial Beach Municipal Code.
G.
Legal
Action. The City may pursue any other legal remedies available, including,
but not limited to, filing civil, criminal and/or injunctive relief
actions in Superior Court. Any violation of this chapter shall constitute
a misdemeanor, unless otherwise charged as an infraction, at the discretion
of the City Attorney.
H.
Penalties
and Remedies Not Exclusive. Penalties and remedies under this article
may be cumulative and in addition to other administrative, civil or
criminal remedies.
I.
Appeals
of Fines, Penalties or Requirements to Install Grease Control Devices.
1.
Appeals
of fines, penalties, or requirements to install grease control devices
shall be submitted to the City Manager within 30 days after the FSE
has been notified of the penalty and/or corrective actions. The decision
of the City Manager shall be in writing.
2.
The
decision of the City Manager can be appealed to the City Council by
submitting a written request to the City Clerk within 15 days of the
issuance of the City Manager's decision, and payment of the appropriate
fee, if any, as set by resolution of the City Council.
3.
Upon
appeal, the appellant shall, upon written request to the City Manager,
be provided within 15 days of said request, at reasonable cost to
the appellant, copies of all reports, data or other documentary evidence
upon which the citation is based.
(Ord. 2012-1131 § 2)
