To aid in the prevention of sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and greases into the sanitary sewer system from any industrial or commercial establishments, particularly food preparation and serving facilities. The city of Pleasanton is committed to reduce sanitary sewer overflows that are harmful to the environment and costly to the rate payers in terms of increased maintenance and cleanup. Fats, oils and grease are a major contributor to this problem both locally and throughout California.
(Ord. 1984 § 1, 2008)
"California Plumbing Code"
means the most recent edition of the California Plumbing Code, as amended by the city of Pleasanton's Municipal Code.
"Fats, oils and greases"
mean organic polar compounds derived from animal and/ or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
"Fixture"
means a plumbing fixture is a device which is part of a system to deliver and drain away water, but which is also configured to enable a particular use. The most common plumbing fixtures are: water closets (known as toilets), urinals, bathtubs, showers, bidets, sinks (kitchen and utility), drinking fountains, and hose bibs (connections for water hoses). Water closets, urinals, and bidets shall not be connected to sewer lines intended for grease interceptor or grease trap service.
"Food service establishments"
mean those establishments engaged in preparing, serving, or otherwise making available food for consumption by the public. These establishments include but are not limited to restaurants, commercial kitchens, caterers, grocery stores and markets, hotels, schools, hospitals, prisons, correctional facilities and senior care living facilities. These establishments use one or more of the following preparation activities: cooking by frying, baking, grilling, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbecuing and any other food preparation activity that produces fat, oil or grease food product in or on a receptacle that requires washing.
"Grease interceptor"
means an interceptor of at least 750 gallons capacity to serve one or more fixtures. A structure or device designed for the purpose of removing and preventing fats, oils and grease from entering the sanitary sewer collection system. These devices are often below-ground units in outside areas and are built as two or three chamber baffled tanks.
"Grease trap"
means a device designed to retain grease from one to a maximum of four fixtures. A device designed for the purpose of removing and preventing fats, oils and grease from entering the sanitary sewer collection system. Such traps are typically under-the-sink units that are near food preparation areas with a minimum grease containment capacity of 40 pounds and flow rate of 20 gallons per minute (gpm).
"Minimum design capability"
means the design features of a grease interceptor and its ability or volume required to effectively intercept and retain greases from grease-laden wastewaters discharged to the public sanitary sewer. At a minimum, the design capability shall be consistent with the California Plumbing Code.
"Operations services director"
means the city's operations services director or designee.
"User"
means any person, including those located outside the jurisdictional limits of the city who contributes, causes or permits the contribution or discharge of wastewater into sewers within the city's boundaries, including persons who contribute such wastewater from mobile sources, such as those who discharge hauled wastewater.
(Ord. 1984 § 1, 2008)
All food service establishments are required to obtain a permit in order to discharge wastewater into the city's sanitary sewer collection system. It is unlawful for any person or food service establishment to discharge or cause to be discharged any fat, oil or grease into the sewer system without first obtaining a permit from the operations services director. Permits shall be issued only for a specific use and to a specific operator. Any sale, lease, transfer or assignment of the premises or operation for which the permit was issued shall require a new permit to be issued. Any new or changed conditions of operation shall require a new permit to be issued. As a condition of obtaining a permit, all food service establishments shall have a grease interceptor and/or grease trap installed as specified by the operations services director and subject to the requirements set forth herein.
(Ord. 1984 § 1, 2008)
Grease Interceptor Requirements. All 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 chapter. All grease interceptors must meet the requirements of the California Plumbing Code.
A. 
New Food Service Establishments. All new establishments are subject to grease interceptor requirements. All such facilities must obtain prior approval from the operations services director for grease interceptor sizing prior to submitting plans for a building permit.
B. 
Existing Food Service Establishments. All existing food service establishments determined by the operations services director to have a potential to adversely impact the city's sewer system will be notified of their obligation to install a grease interceptor within the specified period set forth in the notification letter. In addition, existing establishments with planned modification with a building permit evaluation of $50,000.00 or more will be required to include plans to comply with the grease interceptor requirements. These facilities must obtain approval from the operations services director for grease interceptor sizing prior to submitting plans for a building permit.
C. 
Shared Grease Interceptors. One or more food service establishments may comply with the requirements of this chapter by use of a shared grease interceptor. Such shared interceptor may be located on an adjacent or adjoining parcel, provided, however, that the food service establishment seeking to establish compliance by means of this section shall demonstrate to the satisfaction of the operations services director that: (1) it has enforceable rights to utilize the shared interceptor pursuant to an easement; declaration; covenants, conditions, and restrictions; or similar instrument; and (2) the shared interceptor is sized as necessary to accommodate the discharges of all food service establishments enjoying rights to use such interceptor; and (3) there is a mechanism providing for continued maintenance of such shared interceptor.
D. 
Variance from Grease Interceptor Requirements. Grease interceptors required under this chapter shall be installed unless the operations services director determines that the installation of a grease interceptor would not be feasible and authorizes the installation of an indoor grease trap or other alternative pretreatment technology. Alternative pretreatment technology includes, but is not limited to, devices that are used to trap, separate and hold grease from wastewater and prevent it from being discharged into the sanitary sewer collection system. All alternative pretreatment technology must be appropriately sized and approved by the operations services director.
The food service establishment bears the burden of demonstrating that the installation of a grease interceptor is not feasible. The operations services director may authorize the installation of an indoor grease trap where the installation of a grease interceptor is not feasible due to space constraints or other considerations. If a food service establishment believes the installation of a grease interceptor is infeasible, because of documented space constraints, the request for alternate pretreatment technology shall contain the following information:
1. 
Location of sewer main and any easements in relation to available exterior space outside the building;
2. 
Existing building and site plumbing line plan that uses common plumbing for all services at that site;
3. 
Proposed drawings and plans for alternative pretreatment technology.
(Ord. 1984 § 1, 2008; Ord. 2038 § 1, 2012)
A. 
Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code.
B. 
Grease interceptors shall be constructed in accordance with a design approved by the operations services director and shall have a minimum of two compartments with fittings designed for grease retention.
C. 
Grease interceptors shall be installed at a location where it shall be easily accessible for inspection, cleaning, and removal of intercepted grease. Accept as allowed in Provision C3 of the Alameda County Clean Water Program National Pollutant Discharge Elimination System (NPDES) permit, the grease interceptor may not be installed in any part of the building where food is handled. Location of the grease interceptor must meet the approval of the operations services director.
D. 
All such grease interceptors shall be serviced and emptied of accumulated waste content as required in order to maintain minimum design capability. These devices should be inspected at least monthly but in no case shall the User fail to inspect and maintain every 60 days. Food service establishments are required to maintain a grease interceptor and shall:
1. 
Provide for a minimum hydraulic retention time in accordance with the California Plumbing Code;
2. 
Remove any accumulated grease cap and sludge pocket as required. Grease interceptors shall be kept free of inorganic solid materials such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells, towels, rags, etc., which could settle into this pocket and thereby reduce the effective volume of the device.
E. 
The user shall maintain a written record of all inspection, maintenance, pumping and hauling activities. The user shall submit copies of these documents to the operations services director on or before June 30th and December 31st of each year. The user shall also keep copies of these records for the preceding two years and shall make these records available for on-site inspection by the operations services director during all operating hours.
F. 
Sanitary wastes from water closets, urinals, and bidets are not allowed to be connected to sewer lines intended for grease interceptor service.
(Ord. 1984 § 1, 2008)
A. 
Upon approval by the operations services director, a grease trap complying with the provisions of this section must be installed in the waste line leading from sinks, drains, and other fixtures or equipment in food service establishments where grease may be introduced into the drainage or sewage system in quantities that can affect line stoppage or hinder sewage treatment or private sewage disposal.
B. 
Grease trap sizing and installation shall conform to the California Plumbing Code.
C. 
Grease traps shall be kept in efficient operating conditions by periodic removal of the accumulated grease. Grease traps should be inspected and maintained in accordance with the manufacturer's recommendations but in no case shall the User fail to inspect and maintain less than bi-weekly. No such collected grease shall be introduced into any drainage piping, water closet, or public or private sewer; it shall be placed in a leak-proof container and then disposed of in the appropriate trash bin.
D. 
Wastewater in excess of 140 degrees Fahrenheit or 60 degrees Celsius shall not be discharged into a grease trap.
E. 
No food waste disposal unit or dishwasher shall be connected to or discharge into any grease trap.
F. 
The user shall maintain a written record of all inspection, maintenance, pumping and hauling activities. The user shall submit copies of these documents to the operations services director on or before June 30th and December 31st of each year. The user shall also keep copies of these records for the preceding two years and shall make these records available for on-site inspection by the operations services director during all operating hours.
(Ord. 1984 § 1, 2008)
A. 
Authority to Inspect.
1. 
Request for Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the operations services director has reasonable cause to believe that there exists in any building or upon any premises any condition which constitutes a violation of this chapter, the operations services director may enter such building or premises at all reasonable times to inspect or perform any duty authorized by this chapter; provided, that: (a) if such building or premises be occupied, he or she shall first present proper credentials and request entry; and (b) if such building or premises be unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
2. 
Selection Processes. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including, but not limited to, random sampling and/or sampling in areas with evidence of fat, oil or grease discharges or similar factors.
3. 
Inspection Fees. Food service establishments shall not be charged a fee for routine or area inspections. Unless waived by the operations services director, the food service establishment shall be charged an inspection fee for all other inspections, including follow-up inspections or inspections performed where the city suspects that a violation may exist.
4. 
Authority to Inspect and Sample. The city shall have the right to establish on any property such devices as are necessary to conduct sampling operations and may take any samples deemed necessary to determine if a violation exists.
B. 
Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of this provision.
C. 
Civil Actions. In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the city. In any such action, the city may seek and the court shall grant, as appropriate, any or all of the following remedies:
1. 
A temporary and/or permanent injunction;
2. 
Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action;
3. 
Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation; and
4. 
Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring, implementing, or enforcing the provisions of this chapter.
D. 
Violations Deemed a Public Nuisance—Abatement—Lien Against Property.
1. 
Nuisance Declared—Abatement. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance, and may be summarily abated and/or restored by the operations services director, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.
2. 
Written Notice. Prior to bringing any action to abate the nuisance, the city shall provide written notice to the food service establishment. The notice shall state that if the nuisance is not voluntarily abated within the stated period, the city will abate the nuisance and the expense of abatement shall become a charge and shall be a lien against the property. In the event that the food service establishment does not own the underlying property where the violation exists, the city shall also provide written notice to the owner of the property as shown in the last equalized assessment roll. In the event the nuisance relates to a shared grease interceptor, the city shall provide written notice: (a) to any entity responsible for the maintenance of such shared interceptor; and (b) to the owner of the property on which the food service establishment that has caused the nuisance is located or, in the event it cannot be determined which food service establishment caused the nuisance, to the owners of all properties upon which a food service establishment that uses such shared interceptor is located.
3. 
Cost Borne by Owner—Lien. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien recorded upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within 30 days after the completion by the operations services director of the removal of the nuisance, the city may record a lien against the property to recover the costs of abatement as well as any costs, including attorneys' fees, incurred by the city to secure the lien. The cost of such abatement and restoration in the case of a shared grease interceptor shall be borne jointly and severally by the entity responsible for the maintenance of such shared interceptor and: (a) the owner of the property on which the food service establishment that has caused the nuisance is located; or (b) in the event it cannot be determined which food service establishment caused the nuisance, the owners of all properties upon which a food establishment that uses such shared interceptor is located. The cost thereof shall be a lien recorded upon and against the property on which the food service establishment that has caused the nuisance is located or, in the event it cannot be determined which food service establishment caused the nuisance, the owners of all properties on which a food establishment that uses the shared interceptor is located.
4. 
Assessment Lien Confirmed by City Council—Notice and Hearing. The operations services director shall keep an account of the costs incurred by the city and shall provide a reporting to the city council for hearing and confirmation. the operations services director shall mail notice to the owner of the property of the time and place for the hearing. The notice shall be in a form substantially as follows:
NOTICE OF HEARING: ASSESSMENT LIEN TO BE RECORDED AGAINST PROPERTY TO COVER COSTS OF ABATEMENT FOR DISCHARGE TO SANITARY SEWER SYSTEM
This is a notice to advise you that the City Council for the City of Pleasanton will be holding a hearing on _______, 201_ at _______p.m. in the Council Chambers located at 200 Old Bernal, Pleasanton California. The City Council will consider ordering the City Clerk to record a lien against your property to cover the costs of abating a discharge that occurred on your property to the City's sanitary sewer system. Said costs will include attorneys' fees and other costs necessary to secure the lien against your property. At the time and place stated above, the City Council shall consider a report by the Operations Services Director. The City Council shall also consider any protests or objections raised by you or any interested person. The Council may make any corrections or modifications in any proposed assessment which it may deem to be excessive or incorrect and then shall confirm the amount of costs by resolution and the amount thereof shall become a lien against the property.
In the event that the costs are not paid within 30 days of confirmation by the City Council, the City Clerk shall be directed to record an assessment lien against the property and ask the tax collector to collect the assessment amount as part of the next regular bill for taxes levied against the property. The assessment shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City.
E. 
Administrative Enforcement Powers. In addition to the other enforcement powers and remedies established by this chapter, the operations services director has the authority to utilize the following administrative remedies:
1. 
Cease and Desist Orders. When the operations services director finds that a violation exists or is likely to take place in violation of this chapter, he or she may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge and direct that those persons not complying shall: (a) comply with the requirement; (b) comply with a time schedule for compliance; and/or (c) take appropriate remedial or preventive action to prevent the violation from recurring.
2. 
Notice to Clean. Whenever the operations services director finds that a violation has occurred, he or she may give notice to clean or correct in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
F. 
Violations Constituting Misdemeanors. Unless otherwise specified by ordinance, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the operations services director, be charged and prosecuted as an infraction or may be issued an administrative citation.
G. 
Penalty for Violation.
1. 
Upon conviction of a misdemeanor, a person shall be subject to payment of a fine or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
2. 
Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. Subsequent violations may be charged as a misdemeanor.
3. 
Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.
H. 
Authority to Arrest or Issue Citations. The Operations services director shall have and are hereby vested with the authority to arrest or cite any person who violates any section of this code in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).
The operations services director may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.
I. 
Disconnect Water Service. In the event of a violation of any terms of this chapter (including Section 15.44.030 which requires food service establishments to obtain a permit), the operations services director may disconnect water service to the premises for which such violation relates after first notifying in writing the person causing, allowing, or committing such violation. The notice shall specify the violation and the time after which (upon the failure of such person to prevent or rectify the violation) the director will exercise his or her authority to disconnect the food service establishment from the water system. The notice shall be deposited in the United States Post Office in the city of Pleasanton and addressed to the person to whom notice is given and shall be sent at least 10 days prior to service being disconnected. If the operations services director disconnects water service according to this section, the food service establishment shall be required to pay a reconnect fee (as provided in the master fee schedule) before water service is reestablished.
J. 
Remedies Not Exclusive. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 1984 § 1, 2008; Ord. 2038 § 1, 2012)