A. 
The Porter-Cologne Water Quality Act (California Water Code Section 13000, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of the state of California.
B. 
The city of Buena Park is a permittee under the "General Waste Discharge Requirements for Sewer Collection Agencies in Orange County Within the Santa Ana Region" (Order No. R8-2002-0014) dated April 26, 2002 ("Sewer WDRs"), issued by the California Regional Water Quality Control Board-Santa Ana Region ("Santa Ana RWQCB"), and, as a permittee under the Sewer WDRs, the city is required to adopt ordinances and implement procedures to reduce the amount of fats, oils and grease ["FOG"] that may be discharged into the city's sewer system.
C. 
FSEs or "Food Facilities," as defined in California Uniform Retail Food Facilities Law ("CURFFL"), Division 104 (Environmental Health), Part 7 (Retail Food), Chapter 4, Articles 1-20 of the California Health and Safety Code ("FSEs"), produce FOG as a by-product of their operations, which, if not properly managed and disposed, create the potential for blockage of and interference with sewer lines and facilities, and which can result in damage to both public and private property and sewage overflows that may result in health issues and have the potential to pollute beaches and water courses in the city, as well as in other portions of Orange County.
D. 
Studies in Orange County have concluded that FOG is one of the primary causes of sewer blockages and interference. Based on information collected by the Santa Ana RWQCB, sanitary sewer system overflows ("SSOs") within Orange County from sewer collection systems have caused numerous beach closures, and the most prevalent cause of the SSOs is FOG accumulation in the small to medium sewer lines and laterals serving FSEs.
E. 
Section C. 12(iii)(D) of the sewer WDRs requires the city to include within the Sewer System Management Plan ("SSMP") developed by the city to implement the sewer WDRs legal authority through, among other things, sewer use ordinances which limit and control discharges of FOG that may cause interference with and blockages to and from those portions of the city's sewer system over which it has jurisdiction.
F. 
The current edition of the Uniform Plumbing Code requires FSEs that have the potential to produce a significant amount of FOG to have grease control devices. Many FSEs, such as restaurants within the city, do not have grease control devices. These commercial FSEs have the potential to require the city and sanitation districts to perform additional preventive maintenance on sewer lines that service these facilities, as well as respond to and cleanup blockages and SSOs caused by improper FOG disposal practices and grease control device maintenance.
G. 
The purpose of this chapter is to facilitate the maximum beneficial public use of the city's sanitary sewer collection system while preventing interference with and blockages of sewer lines and facilities resulting from discharges of FOG to the system, and to specify appropriate FOG discharge requirements for FSEs discharging into the city's sewer system, and to implement the SSMP and to comply with the sewer WDRs.
H. 
This chapter shall be interpreted in accordance with the definitions set forth in Section 13.36.020. The provisions of this chapter shall apply to the direct or indirect discharge of all wastewater or waste containing FOG into those portions of the city's sewer system over which it has jurisdiction.
I. 
In order to manage and control, in a cost-effective manner, the discharge of FOG into the city's sanitary sewer collection system to the maximum extent practicable in accordance with the sewer WDRs, the adoption of reasonable regulations, as set forth herein, is essential and it is the intent of this section to establish regulations for the disposal and discharge of FOG and other insoluble waste discharges from FSEs into those portions of the city's sanitary sewer collection system over which it has jurisdiction.
J. 
To comply with federal, state, and local policies and to allow the city to meet applicable standards under such laws and regulations, as well as the sewer WDRs, provisions are made in this chapter for the regulation of wastewater or waste containing FOG discharges to those portions of the city's sewer system over which it has jurisdiction.
K. 
The further purpose of this chapter is to facilitate the maximum beneficial public use of the city's sewer system and facilities, while, at the same time, attempting to prevent interference with and blockages of that system as a result of the discharge of FOG, and to specify appropriate FOG disposal requirements for FSEs to protect the public and safety.
L. 
Certain FSEs within the boundaries of the city do not discharge wastewater into the city's sewer system and facilities and discharge into sewer systems and facilities operated by regulatory agencies and sanitation districts other than the city. Such FSEs will be permitted and regulated by regulatory agencies other than the city. In order to avoid the possibility of overlapping and potentially contradictory regulation of such FSEs, this chapter is not intended to apply to FSEs or other dischargers that do not discharge into the city's sanitary sewer system.
M. 
This chapter establishes quantity and quality standards on all wastewater and/or waste discharges into the sewer system containing FOG, which may alone or collectively cause or contribute to FOG accumulation in or interference with the sewer facilities causing or potentially causing or contributing to the occurrence of SSOs.
(Ord. 1456 § 1, 2004)
A. 
Unless otherwise defined herein, terms related to water quality shall be as defined in the sewer WDRs and in the latest edition of standard methods for examination of water and wastewater, published by the American Public Health Association, the American Water Works Association and the water environment federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).
B. 
Other terms not defined herein shall have the same definitions as set forth in the latest adopted applicable editions of the California Codes applicable to building construction and adopted pursuant to the California Building Standards Law and in the sewer WDRs.
C. 
Subject to the foregoing provisions, the following words and phrases shall mean:
Best Management Practices.
Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction or discharge of FOG to the sewer system and facilities.
Director.
The director of the department of public works, the city engineer.
Discharger.
Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as user.
Fats, Oils, and Grease ("FOG").
Any substance, including vegetable or animal products, 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.
FOG Control Program.
The FOG control program developed and implemented by the city pursuant to and as required by the sewer WDRs.
FOG Discharge Manual.
The "Fats, Oil and Grease Discharge Manual," setting forth best management practices for FSEs, as approved by the director.
FOG Wastewater Discharge Permit or Permit.
A permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city's sewer facilities or into facilities which ultimately discharge into a city sewer facility or the sewer system.
Food Grinder.
Any device installed in the plumbing or sewage or sewer system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing it into the sewer system.
Food Service Establishment or "FSE."
"Facilities" as defined in California Uniform Retail Food Facility Law (CURFFL) [Health and Safety Code Section 113785], and any commercial or public entity within the boundaries of the city, operating in a permanently constructed structure, such as a room, building, or other place, or portion thereof, and maintained, used or operated for the purpose of storing, preparing, serving, manufacturing, packaging or otherwise handling food for sale to other entities or for consumption by the public and its members or by employees, and which has any process or device that uses or produces FOG or grease vapors, steam, fumes, smoke or odors that are required to be removed by a type I or type II hood, as defined in CURFFL. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.
Grab Sample.
A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.
Grease Control Device.
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 director.
Grease Disposal Mitigation Fee.
A fee charged by the city to an owner/operator of a FSE, as provided in this chapter, when there are physical limitations to the property or structure that make the installation of the usual and customary grease interceptor or grease control device for the FSE under consideration impossible.
Grease Interceptor.
A multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a 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.
Grease Trap.
A grease control device that is used to serve individual fixtures.
Hot Spots.
Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system.
Infiltration.
Water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.
Inflow.
Water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.
Inspector.
A person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.
Interference.
Any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's or a public agency's sewer system, sewer facilities, treatment processes or operations, or is a cause of a SSO, or is a cause of violation of or condition of noncompliance with any NPDES Permit applicable to the city or the sewer WDRs.
Local Sewering Agency.
Any public agency or private entity responsible for the collection and disposal of wastewater to the city's sewer facilities duly authorized under the laws of the state of California to construct and/or maintain public sewers.
Major Operational Change.
A physical change or operational change of an FSE which causes or results in the generation of an amount of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE and which causes or creates a potential for interference with the sewer system or a SSO.
New Construction.
Any structure planned or under construction for which a sewer connection permit has not been issued.
Permittee.
A person who has received a permit to discharge wastewater into the city's sewer facilities subject to the requirements and conditions established by the city.
Public Agency.
The state of California and/or any city, county, special district, other local governmental authority or public body of or within this state.
Public Sewer.
A sewer owned and operated by the city, or other local public agency, which is tributary to the city's sewer facilities.
Regulatory Agency.
"Regulatory agency" or "regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:
a. 
United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA).
b. 
California State Water Resources Control Board (SWRCB).
c. 
California Regional Water Quality Control Board, Santa Ana Region (Santa Ana RWQCB).
d. 
South Coast Air Quality Management District (SCAQMD).
e. 
California Department of Health Services (DOHS).
f. 
Any other public agency.
Sewage.
Wastewater and any other substance discharged to the sewer system.
Sewer Facilities or System.
Any and all facilities operated by the city and used for collecting, conveying, pumping, treating, and disposing of wastewater, sewage and sludge.
Sewer Lateral.
A building sewer, as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the structure's wastewater facilities and a public sewer system.
Sludge.
Any solid, semi-solid or liquid decant, subnate or supemate from a manufacturing process, utility service, or pretreatment facility.
User.
Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as discharger.
Waste.
Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.
Wastewater.
The liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer or the sewer system.
Wastewater Constituents and Characteristics.
The individual chemical, physical, bacteriological, and other parameters, including volume and flow rate and such other parameters that serve to define, classify or measure the quality and quantity of wastewater.
Water Minimization Practices.
Plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices, inventory control, employee education, and other steps as necessary to minimize wastewater produced.
(Ord. 1456 § 1, 2004)
No FSE shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by a regulatory agency or that may accumulate and/or cause or contribute to blockages in or interferences with the sewer system or at a sewer system lateral which connects the FSE to the sewer system.
(Ord. 1456 § 1, 2004)
The following prohibitions shall apply to all FSEs:
A. 
No person shall discharge, or cause to be discharged any FOG from a FSEs directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter.
B. 
Except as expressly provided in a waste discharge permit, the discharge of any waste, including FOG and solid materials removed from a grease control device, to the sewer system, is prohibited. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors.
C. 
The discharge of any waste or FOG to the sewer system, which fails to comply with the FOG Discharge Manual, is prohibited.
D. 
Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.
(Ord. 1456 § 1, 2004)
A. 
No food grinder shall be installed in a plumbing system of new construction of an FSE.
B. 
All food grinders shall be removed from an existing FSE upon: (i) major operational change to the FSE; or (ii) any construction requiring the issuance of a building permit for either remodeling or construction of the FSE valued at five hundred dollars or more; or (iii) within one hundred eighty days of the effective date of the ordinance codified in this chapter, except when expressly approved by the director.
(Ord. 1456 § 1, 2004)
All FSEs shall implement best management practices in their operations to minimize the discharge of FOG to the sewer system. All FSEs must implement and demonstrate compliance with best management practices (BMP) requirements as specified in the city's "Fats, Oils and Grease Discharge Manual." Detailed requirements for BMP shall be specified in such Manual and may include kitchen practices and employee training that are essential in minimizing FOG discharges.
(Ord. 1456 § 1, 2004)
FSEs are required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter in accordance with the FOG Discharge Manual and the requirements of 40 CFR Section 403.5.
A. 
New Construction of FSEs. New construction of FSEs shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.
B. 
Existing Food Establishments.
1. 
For existing FSEs, the requirement to install and to properly operate and maintain a grease interceptor may be conditionally stayed by the director for a maximum period of three years from the effective date of the ordinance codified in this chapter (three-year amortization period), subject to the conditions and provisions set forth in Section 13.36.080B. Terms and conditions for application of a stay to a FSE shall be set forth in the permit.
2. 
The conditional stay and the amortization period provided in Section 13.36.070(B)(1) will automatically terminate for an existing FSE and such FSE shall be required to immediately install a grease interceptor at such time as such FSE (i) undergoes remodeling or a change in operations, as provided in Section 13.36.080B, or (ii) changes ownership.
(Ord. 1456 § 1, 2004)
A. 
Variance from Grease Interceptor Requirements. A variance or a conditional waiver from the grease interceptor requirements may be granted by the director to an FSE on such terms and conditions as may be established by the director, consistent with the requirements of the sewer WDRs, the city's FOG control program, the FOG Discharge Manual, and best construction, engineering, environmental and health and safety practices, to (1) allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, provided that the FSE demonstrates to the director's satisfaction that it is impossible for the FSE to install, operate or maintain a grease interceptor; or (2) where the FSE demonstrates to the director's satisfaction that any FOG discharge from the FSE is negligible and will have an insignificant impact on or to the sewer system. A FSE may also submit an application for waiver or variance to allow the use of a grease trap, provided, however, since grease traps only have limited effect on the reduction of FOG discharges, such devices may only be used in those cases where the use of a grease interceptor or other grease control device is determined by the director in writing to be impossible and otherwise consistent with this subsection and this chapter.
B. 
Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of a grease interceptor is not feasible and no equivalent alternative pretreatment device can be installed, a waiver from the grease interceptor requirement may be granted by the director with the imposition of a grease disposal mitigation fee, as described in Section 13.36.100. The director's determination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the director determines to be appropriate and consistent with the sewer WDRs, the city's FOG control program, the FOG Discharge Manual, and best construction, engineering, environmental and health and safety practices. Provided, however, that such waiver will terminate and a grease interceptor will be installed at the FSE when the operator of the FSE or the owner of the property upon which the FSE is located either (i) applies for any discretionary permit, including but not limited to a conditional use permit; or (ii) conducts any remodeling to a FSE which involves construction valued at fifty thousand dollars or more requiring a building permit and which involves any one or combination of the following: (1) under slab plumbing in the food processing area, (2) a thirty percent increase in the net public seating area, (3) a thirty percent increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment. No discretionary permit, including but not limited to a conditional use permit, shall be issued to a FSE unless the applicant can demonstrate that a grease interceptor has been or will be installed at the FSE in accordance with the provisions of this chapter.
C. 
Application for Waiver or Variance of Requirement for Grease Interceptor. A FSE may submit an application for waiver or variance from the grease interceptor requirement to the director. Terms and conditions for issuance of a variance to a FSE shall be set forth in the permit. A waiver or variance may be revoked by the director at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists.
(Ord. 1456 § 1, 2004)
For properties at which multiple FSEs are operated on a single parcel, each FSE operator shall be individually and separately responsible for installation and maintenance of the grease interceptor or other grease control device serving its FSEs and for compliance with this chapter. Furthermore, owners of commercial properties at which multiple FSEs that are operated on a single parcel shall be responsible for ensuring compliance by each FSE on the parcel. Such operators and/or property owner can comply with this chapter by installing and maintaining a grease interceptor or grease interceptors or other grease control devices serving multiple FSEs upon approval by the director on such terms and conditions that the director may establish in his or her sole discretion.
(Ord. 1456 § 1, 2004)
A. 
FSEs that operate without a grease control interceptor or which are granted a waiver or variance as provided in this chapter shall be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance and administration of the sewer system as a result of the FSE's inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow a new FSE, or existing FSEs undergoing remodeling or a change in operations, to operate without an approved grease interceptor unless the director has determined that it is impossible to install or operate a grease control interceptor for the FSE under the provisions of this chapter.
B. 
The grease disposal mitigation fee shall be established by resolution of the city council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device and such other costs that the city council considers appropriate.
C. 
The grease disposal mitigation fee may not be waived or reduced when the FSE does not comply with the minimum requirements of this chapter and/or its discharge into the sewer system in the preceding twelve months has caused or potentially caused or contributed alone or collectively, in sewer blockage or a sanitary sewer overflow ("SSO") in the sewer downstream, or surrounding the FSE prior to the waiver request.
(Ord. 1456 § 1, 2004)
Notwithstanding any waiver of grease interceptor or other grease control device requirements under this chapter, FSEs determined by the director to have contributed to a sewer blockage, SSOs or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered by the director to immediately install and maintain a grease interceptor, and may be subject to a plan determined by the director to abate the nuisance and prevent any future health hazards created by sewer line failures or blockages, SSOs or any other sewer system interferences. Sewer line failures, blockages, SSOs and other sewer system interferences may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, sewer lateral failures, SSOs and other sewer system interferences caused by FSEs alone or collectively are the responsibility of the private property owner or operator of the FSE, and individual(s) as a responsible officer or owner or operator of the FSE. If the city must act immediately to contain and clean up an SSO caused by blockage of a private or public sewer lateral or serving a FSE, or other sewer system, facility or line failures, blockages, SSOs and other sewer system interferences or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the city's costs for such abatement may be entirely borne by the property owner or the operator of the FSE, and the individual(s) as a responsible officer, operator or owner of the FSE(s) and may constitute a debt to the city and become due and immediately payable upon the city's request for reimbursement of such costs.
(Ord. 1456 § 1, 2004)
A. 
FSEs proposing to discharge or currently discharging wastewater containing FOG into the city's sewer system shall obtain a FOG wastewater discharge permit from the city within either (i) one hundred eighty days from the effective date of this chapter or (ii) at the time any FSE applies for or renews its annual business license from the city. Compliance with this chapter must be demonstrated at the time any business license is issued, provided that the director may extend the compliance date for no more than ninety days after the date of the issuance of the business license.
B. 
FOG wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city and any other regulatory agency. The provisions of the FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations and other provisions of this code.
C. 
The city shall not issue a certificate of occupancy for any new construction, or occupancy unless a FSE has fully complied with the provisions of this chapter.
(Ord. 1456 § 1, 2004)
Any person required to obtain a FOG wastewater discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the director and shall provide the city such information and documents as the director determines are necessary and appropriate to properly evaluate the application. The applicable fees shall accompany the application. After evaluation of the data furnished, the director may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the director to be appropriate to protect the city's sewer system.
(Ord. 1456 § 1, 2004)
The issuance of a FOG wastewater discharge permit may contain any or all of the following conditions or limits, as determined by the director:
A. 
Limits on discharge of FOG and other priority pollutants;
B. 
Requirements for proper operation and maintenance of grease interceptors and other grease control devices;
C. 
Grease interceptor or other grease control device maintenance frequency and schedule;
D. 
Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device;
E. 
Requirements for maintaining and reporting status of best management practices;
F. 
Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests;
G. 
Requirements to self-monitor;
H. 
Requirements for the FSE to construct, operate and maintain, at its own expense, FOG control device and sampling facilities;
I. 
Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with this chapter, the sewer WDRs and other applicable laws, rules and regulations, including any NPDES permit applicable to the city;
J. 
Additional requirements as otherwise determined to be reasonably appropriate by the director to protect the city's system or as specified by other regulatory agencies;
K. 
Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter as determined by the director.
(Ord. 1456 § 1, 2004)
The FOG wastewater discharge permit fee shall be paid by the applicant in an amount adopted by resolution of the city council. Payment of permit fees must be received by the city prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal.
(Ord. 1456 § 1, 2004)
A. 
The terms and conditions of an issued FOG wastewater discharge permit may be subject to modification and change by the sole determination of the director during the life of the permit based on:
1. 
The discharger's current or anticipated operating data;
2. 
The city's current or anticipated operating data;
3. 
Changes in the requirements of regulatory agencies which affect the city; or
4. 
A determination by the director that such modification is appropriate to further the objectives of this chapter.
B. 
The permittee may request a modification to the terms and conditions of an issued FOG wastewater discharge permit. The 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. 
The permittee shall be informed of any change in the FOG wastewater discharge permit limits, conditions, or requirements at least forty-five days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.
(Ord. 1456 § 1, 2004)
A. 
FOG wastewater discharge permits issued under this chapter are for a specific FSE, for a specific operation and create no vested rights.
B. 
No permit holder shall assign, transfer or sell any FOG wastewater discharge permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit.
C. 
Any FOG wastewater discharge permit, which is transferred to a new owner or operator or to a new facility, is void.
(Ord. 1456 § 1, 2004)
In addition to the discharge permit application fee and any annual grease disposal mitigation fee, a charge to cover all costs of the city for providing the sewer service and monitoring to permittees shall be established by resolution of the city council.
(Ord. 1456 § 1, 2004)
A. 
Grease interceptors and other grease control devices shall be maintained in efficient operating condition in accordance with the FOG Discharge Manual.
B. 
Grease interceptors and other grease control devices must be cleaned, maintained, and have FOG removed and disposed of in a proper manner at regular intervals and in accordance with the FOG discharge manual.
(Ord. 1456 § 1, 2004)
A. 
Monitoring for Compliance with Permit Conditions and Reporting Requirements.
1. 
The director may require periodic reporting by any permittee of the status of implementation of best management practices, in accordance with the FOG control program and the FOG Discharge Manual.
2. 
The director may require visual and other monitoring by the permittee at the sole expense of the permittee to observe the actual conditions of the FSE's sewer lateral and sewer lines downstream from the FSE.
3. 
The director may require reports by the permittee 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 wastewater discharge permit or this chapter. Monitoring reports by the permittee 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.
4. 
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 wastewater discharge permit or in this chapter or to terminate the permittee's permit.
5. 
The permittee shall be responsible for any and all expenses of the city in undertaking any monitoring analyses and preparation of reports.
6. 
Other reports may be required of the permittee by the director, 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.
B. 
Record Keeping Requirements. The permittee shall keep all documents identified by the director relating to its compliance with this chapter, including 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 two years. The permittee shall, upon request, make the manifests, receipts and invoices available to any city representative, or inspector.
C. 
Falsifying Information or Tampering with Process. It is unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city, or to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this chapter.
(Ord. 1456 § 1, 2004)
A. 
The director may inspect or order the inspection and sample the wastewater discharges of any FSE to ascertain whether the intent of this chapter is being met and the permittee is complying with all requirements. The permittee shall allow the city 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 a FSE has security measures in force, the permittee shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
C. 
For the director to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the permittee shall make available for inspection and copying by the city all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal without restriction but subject to the confidentiality provision set forth in this chapter. All such records shall be kept by the permittee a minimum of two years.
(Ord. 1456 § 1, 2004)
Permittees, owners or operators of FSEs, and other persons or occupants of premises where wastewater is created or discharged shall allow the director, or city representatives, reasonable access to all parts of the FSE or property and all wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to city representatives attempting to inspect any FSE or facility involved directly or indirectly with a discharge of wastewater to the city's sewer system.
(Ord. 1456 § 1, 2004)
A. 
In the event a permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or if the permittee has reasonable opportunity to know that his/her/its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this chapter or applicable water quality standards under applicable laws and regulations of a regulatory agency or the sewer WDRs, or may cause a SSO, a sewer blockage or other interference with the sewer system or sewer facilities, the discharger shall immediately notify the city by telephone at the number specified in the permit. If the material discharged to the sewer system has the potential to cause or results in sewer blockages or interference or a SSO, the discharger shall immediately notify the local health department, city or county, and the city.
B. 
Confirmation of the discharger's notification shall be made in writing to the director at the address specified in the permit no later than five working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge, interference 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 public agency or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this chapter or other applicable law.
(Ord. 1456 § 1, 2004)
A. 
The city council finds that, in order for the city to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and the sewer WDRs and to ensure that the city's sewer facilities are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the city's sewer system by FSEs.
B. 
To ensure that all interested parties are afforded due process of law and that violations are resolved as soon as possible, the general policy of the city is that:
1. 
Any determination relating to a notice of violation and compliance schedule agreement (CSA) will be made by the director, with a right of appeal by the permittee pursuant to the procedures set forth in Section 13.36.370;
2. 
A permittee, or applicant for a permit may request the city manager to hear an appeal of the director's decision pursuant to Section 13.36.370. Such request may be granted or denied by the city manager;
3. 
Any permit suspension or revocation recommended by the director will be heard and a recommendation made to the director or other person designated by the director with a right of appeal of the director's order by the permittee to the city manager pursuant to the provisions of Section 13.36.370.
C. 
The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this chapter in response to any permit or chapter violations.
(Ord. 1456 § 1, 2004)
A. 
The owner and operator of a FSE or permittee shall be in violation of this chapter if such owner or operator or permittee:
1. 
Fails to install an approved grease control device as required by this chapter;
2. 
Makes any false statement, representation, record, report, plan or other document that is filed with the city;
3. 
Tampers with or knowingly renders inoperable any grease control device required under this chapter;
4. 
Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal;
5. 
Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal and upon request to make those records available to the director, or any city code enforcement representative, or their designees, or to any representative of a public agency or a local sanitation agency that has jurisdiction over the sanitary sewer system that services the FSE, or any inspector with jurisdiction under the water quality chapter;
6. 
Refuses the director or any city code enforcement representative, or their designee, or a representative of a public agency or a local sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the FSE, or any authorized inspector, reasonable access to the FSE for the purposes of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device;
7. 
Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner;
8. 
Fails to remove all food grinders located in the FSE by the date specified by this chapter;
9. 
Introduces additives into a wastewater system for the purposes of emulsifying FOG without the written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the FSE;
10. 
Fails to pay the grease disposal mitigation fee or other fee, as specified in this chapter, when due;
11. 
Fails to comply with the FOG manual; or
12. 
Otherwise fails to comply with the provisions of this chapter or any permit issued by the city under this chapter.
B. 
Violations under this section shall be subject to the procedures, penalties and remedies set out in Chapter 13.32 of this code. All costs for the investigations, enforcement actions, and ultimate corrections of violations under this section, incurred by the city shall be reimbursed by the owner/operator of the FSE.
(Ord. 1456 § 1, 2004)
A. 
Upon determination by the director that a permittee or other owner or operator of a FSE or owner of a property or a discharger is not in compliance with the terms and conditions specified in its FOG wastewater discharge permit or any provision of this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the director may require the permittee, owner or operator to enter into a compliance schedule agreement (CSA).
B. 
The issuance of a CSA may contain terms and conditions as determined appropriate by the director, including but not limited to requirements for installation of a grease control device, grease interceptor and facilities, submittal of drawings or reports, audit of waste hauling records, best management and waste minimization practices, payment of fees, or other provisions to ensure compliance with this chapter.
C. 
The director shall not enter into an CSA until such time as all amounts owed to the city, including permit and other user or discharger fees, noncompliance sampling fees, or other amounts due under this chapter are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the director.
D. 
If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the director may issue an order suspending or revoking the discharge permit pursuant to this chapter.
(Ord. 1456 § 1, 2004)
A. 
The director of public works may suspend any FOG wastewater discharge permit when it is determined by the director that a permittee:
1. 
Has failed to comply with the terms and conditions of its FOG wastewater discharge permit, a CSA or other order or directive by the director under this chapter.
2. 
Knowingly provided a false statement, representation, record, report, or other document to the director, the city or other regulatory agency;
3. 
Refused to provide records, reports, plans, or other documents required by the director, the city or other regulatory agency to determine compliance with permit terms or conditions, discharge compliance, or compliance with this chapter or applicable laws or regulations;
4. 
Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method;
5. 
Refused reasonable access to the permittee's premises for the purpose of inspection and monitoring or as otherwise provided in this chapter;
6. 
Failed to make timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed pursuant to this chapter;
7. 
Caused interference, sewer blockages, or SSOs with or to the city's sewer system or facilities or collection, treatment, or disposal system;
8. 
Violated grease control device maintenance requirements, or any condition or limit of its permit or any provision of the city's chapter.
B. 
When the director has reason to believe that grounds exist for suspension of a FOG wastewater discharge permit, he or she shall give written notice thereof by certified mail or overnight mail delivery to the permittee setting forth a statement of the facts and grounds deemed to exist.
C. 
Effect.
1. 
Upon an order of suspension by the director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's sewer system for the duration of the suspension. All costs for physically terminating and reinstating service shall be paid by the permittee.
2. 
Any owner or responsible management employee of the permittee shall be bound by the order of suspension.
(Ord. 1456 § 1, 2004)
A. 
Revocation. The director may revoke any FOG wastewater discharge permit when it is determined that a permittee has failed to comply with this chapter.
B. 
Notice of Revocation. When the director has reason to believe that grounds exist for the revocation of a FOG wastewater discharge permit, he or she shall give written notice by certified mail thereof to the permittee setting forth a statement of the facts and grounds.
C. 
Effect of Revocation.
1. 
Upon an order of revocation of a FOG wastewater discharge permit by the director becoming final, the permittee shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the city's sewer system. All costs for physical termination shall be paid by the permittee.
2. 
Any owner or responsible management employee of the permittee shall be bound by the order of revocation.
3. 
Any future application for a FOG wastewater discharge permit at any location within the city by any person associated with an order of revocation will be considered by the city after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new permit.
4. 
An order of revocation of a FOG wastewater discharge permit issued by the director of public works shall be final in all respects on the sixteenth day after it is mailed to the permittee.
(Ord. 1456 § 1, 2004)
A. 
Any person who discharges any waste, FOG or wastewater, including but not limited to those listed under 40 CFR 403.5, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer system or facilities or to the operation of those facilities or the sewer system shall be liable for all costs required to clean or repair the system or facilities, together with expenses incurred by the city to resume normal operations. A service charge of twenty-five percent of city's costs shall be added to the costs and charges to reimburse the city for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty-five days of invoicing by the city.
B. 
Any person who discharges a waste, FOG or wastewater which causes or contributes to the city violating the sewer WDRs, or any other waste discharge requirements or permit established or issued to the city by any regulatory agency, or the city incurring additional expenses or suffering losses or damage to facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court.
(Ord. 1456 § 1, 2004)
Discharge of waste, FOG or wastewater in any manner in violation of this chapter, the sewer WDRs or of any order issued by the director, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the director. Any person creating a public nuisance is guilty of a misdemeanor.
(Ord. 1456 § 1, 2004)
A. 
The city, by order of the director, may physically terminate sewer service and water service to any FSE, as follows:
1. 
On a term of any order of suspension or revocation of a FOG wastewater discharge permit; or
2. 
Upon the failure of a person not holding a valid FOG wastewater discharge permit to immediately cease the discharge, whether direct or indirect, to the city's sewer facilities after the notice and process as provided herein.
B. 
All costs for physical termination shall be paid by the owner or operator of the FSE or permittee as well as all costs for reinstating service.
(Ord. 1456 § 1, 2004)
The city may, by order of the director, suspend sewer service and/or water service when the director determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the city's sewer system or facilities, or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system.
(Ord. 1456 § 1, 2004)
A. 
In addition to criminal penalties and administrative penalties authorized by this municipal code, all users of the city's system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, State of California Regional Water Quality Control Board, or the county of Orange and other regulatory agencies. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3 California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 to 25250); (4 Resource Conservation and Recovery Act of 1976 (42 U.S.C.A. Section 6901 et seq.); and (5) California Government Code, Sections 54739 and 54740.
B. 
In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory agencies or enforcement agencies based on a violation of law or regulation or its permits or the sewer WDRs and said violation can be established by the city, as caused by the discharge of any user of the city's sewer system which is in violation of any provision of this chapter or the user's FOG wastewater discharge permit, the city shall be entitled to recover from the user all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.
C. 
Pursuant to the authority of California Government Code Sections 54739 and 54740, any person who violates any provision of this chapter; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable to the city civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any person who violates any provision of this chapter, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. The city attorney, upon request of the director, shall petition the superior court to impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.
D. 
Administrative Civil Penalties. Pursuant to the authority of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to any person who violates:
1. 
Any provision of this chapter;
2. 
Any condition of a FOG wastewater discharge permit, a CSA, a prohibition, or effluent limit, or any provision of the sewer WDRs; or
3. 
Any suspension or revocation order.
(Ord. 1456 § 1, 2004)
Any person who violates any provision of this chapter is guilty of a misdemeanor, which upon conviction is punishable by a fine not to exceed one thousand dollars, or imprisonment for not more than six months, or both. Each violation and each day in which a violation occurs may constitute a new and separate violation of this chapter and shall be subject to the penalties contained herein.
(Ord. 1456 § 1, 2004)
Any FSE, permit applicant, property owner or permittee adversely affected by a decision made by the director may appeal the decision by filing, within ten days, a written request for hearing before the city manager accompanied by an appeal fee in an amount established by resolution of the city council. The request for hearing shall set forth in detail all the issues in dispute and all facts supporting appellant's request. A hearing shall be held by the city manager within sixty-five days of the filing of the appeal and payment of the appeal fee. If the matter is not heard within the specified time, the order of director shall be deemed final and the appeal denied. After the hearing, the city manager shall uphold, modify, or reverse the decision. The written decision shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address. The appeal fee shall be refunded if the city manager reverses or modifies, in favor of the appellant, the order of the director of public works. The city manager's decision shall be final.
(Ord. 1456 § 1, 2004)
A. 
Except as otherwise provided, all fees, charges and penalties established by this chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five days after date of invoice.
B. 
Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:
1. 
Forty-six days after date of invoice, a basic penalty of ten percent of the base invoice amount, not to exceed a maximum of one thousand dollars; and
2. 
A penalty of one and one-half percent per month of the base invoice amount and basic penalty shall accrue from and after the forty-sixth day after date of invoice.
C. 
Any invoice outstanding and unpaid after ninety days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the FOG wastewater discharge permit.
D. 
Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.
E. 
Payment of disputed charges is still required by the due date during the city review of any appeal submitted by a permittee or other person.
F. 
Collection of delinquent accounts shall be in accordance with the city's policy resolution establishing procedures for collection of delinquent obligations owed to the city, as amended from time to time by the city council. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.
(Ord. 1456 § 1, 2004)
A. 
Pursuant to Section 1094.6 of the California Code of Civil Procedure, the city hereby enacts this part to limit to ninety days following final decisions in adjudicatory administrative hearings the time within which an action can be brought to review such decisions by means of administrative mandamus.
B. 
Notwithstanding the foregoing, and pursuant to Government Code Section 54740.6, judicial review of a final order of the city manager or the director imposing administrative civil penalties pursuant to this chapter may be made only if the petition for writ of mandate is filed not later than the thirtieth day following the day on which such order becomes final.
(Ord. 1456 § 1, 2004)