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.
"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. 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
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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.
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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.
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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)