Note: Prior ordinance history: Ords. 873 and 904.
For the purpose of this chapter, the following definitions shall
apply:
mean schedules of activities, prohibitions of practices,
maintenance procedures and other management practice to prevent or
reduce the introduction of FOG to the sewer facilities.
means the director of the department of public works.
means any substance, such as a vegetable or animal product
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.
means the FOG control program required by and developed pursuant
to RWQCB Order No. R8-2002-0014, Section (c)(12)(viii).
means the "fats, oil and grease control program manual,"
setting forth best management practices for FSEs, as approved by the
director.
means any device installed for the purpose of disposing food
waste in the public sewer system.
means any food preparation establishment, restaurant, cafeteria,
or any other establishment preparing food for consumption. Domestic
homes are not considered food service establishments under this definition.
means an underground multi-compartment device installed outside
a food service establishment of a size and design in compliance with
the Uniform Plumbing Code and approved by the city. A minimum capacity
of seven hundred fifty gallons shall be required unless a variance
therefrom is approved by the administrative authority.
means a grease control device that is used to serve individual
fixtures and have limited effect and should only be used in those
cases where the use of a grease interceptor or other grease control
device is determined to be impossible.
means 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.
means a physical change or operational change causing generation
of an amount of FOG that exceeds the current amount of FOG discharge
to the sewer system by the food service establishment in an amount
that alone or collectively causes or creates a potential for sewer
system overflows to occur.
means 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.
means the state of California and/or any city, county, special
district, other local governmental authority or public body of or
within this state.
means a sewer owned and operated by the city, or other local
public agency, which is tributary to the city's sewer facilities.
means wastewater.
means any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer system.
(Ord. 962 § 2, 2009)
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 the sewer system or at the sewer system lateral which connects
the FSE to the sewer system.
(Ord. 962 § 2, 2009)
The following prohibitions shall apply to all FSEs:
A.
No person
shall discharge, or cause to be discharged any wastewater from FSEs
directly or indirectly into the sewer system without first obtaining
a FOG wastewater discharge permit pursuant to this chapter.
B.
Discharge
of any waste, including FOG and solid material removed from the grease
control device to the sewer system, is prohibited.
C.
The
discharge of any waste or FOG to the sewer system which fails to comply
with the FOG control program manual is prohibited.
D.
The
discharge of any waste or FOG to the sewer system in a manner which
either violates the sewer WDRs or causes or contributes to condition
which fails to comply with any of the provisions of the sewer WDRs
is prohibited.
(Ord. 962 § 2, 2009)
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: (1) major
operational change to the FSE; or (2) any construction requiring the
issuance of a building permit for either remodeling or construction
of the FSE valued at five hundred dollars or more.
(Ord. 962 § 2, 2009)
A.
All
FSEs shall implement best management practices in its operation to
minimize the discharge of FOG to the sewer system.
B.
All
FSEs must implement and demonstrate compliance with best management
practices (BMP) requirements as specified in the city's FOG
control program manual. Detailed requirements for best management
practices are specified in the FOG control program manual and may
include kitchen practices and employee training that is essential
in minimizing FOG discharges.
(Ord. 962 § 2, 2009)
FSEs are required to install, operate and maintain an approved
type and adequately sized grease control devices necessary to maintain
compliance with the objectives of this chapter in accordance with
the FOG control program manual and the requirements of 40 CFR Section
403.5.
(Ord. 962 § 2, 2009)
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 control devices 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 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. 962 § 2, 2009)
A.
FSEs
that operate without a grease control device may 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 FSEs' 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 change
in operations, to operate without an approved grease control device
unless the director has determined that it is impossible to install
or operate a grease control device 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 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. 962 § 2, 2009)
Notwithstanding any waiver of 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 control
device, 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 and blockages, SSOs or any other sewer system
interferences. SSOs 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 and SSOs caused by
FSEs alone or collectively are the responsibility of the private property
owner or FSE, and individual(s) as a responsible officer or owner
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 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
operator of the FSE, and individual(s) as a responsible officer 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. 962 § 2, 2009)
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: (1) one hundred eighty
days from the effective date of this chapter; or (2) 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 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. The conditions of FOG wastewater discharge
permits shall be enforced by the city in accordance with this chapter
and applicable state and federal regulations.
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. 962 § 2, 2009)
The issuance of a FOG wastewater discharge permit may contain
any 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 control devices and
other grease control devices;
C.
Grease
control device maintenance frequency and schedule;
D.
Requirements
for implementation of best management practices and installation of
adequate 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 NPDES
permit 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; or
K.
Other
terms and conditions, which may be reasonably applicable to ensure
compliance with this chapter as determined by the director.
(Ord. 962 § 2, 2009)
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. 962 § 2, 2009)
FOG wastewater discharge permits shall be issued for a period
not to exceed five years. Upon expiration of the permit, the user
shall apply for renewal of the permit in accordance with the provisions
of this chapter.
(Ord. 962 § 2, 2009)
A limited food preparation establishment is not considered a
food service establishment and is exempt from obtaining a FOG wastewater
discharge permit. Exempted establishments shall engage only in reheating,
hot holding or assembly of ready to eat food products and as a result,
there is no wastewater discharge containing significant amount of
FOG. A limited food preparation establishment does not include any
operation that changes the form, flavor, or consistency of food.
(Ord. 962 § 2, 2009)
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
permit, which is transferred to a new owner or operator or to a new
facility, is void.
(Ord. 962 § 2, 2009)
In addition to the discharge permit application fee, a charge
to cover all costs of the city for providing the sewer service and
monitoring shall be established by resolution of the city council.
(Ord. 962 § 2, 2009)
A.
Grease
control devices shall be maintained in efficient operating condition
in accordance with the FOG control program manual.
B.
Grease
control devices must be cleaned, maintained, and FOG must be removed
from grease control devices at regular intervals.
C.
FOG
removed from grease control devices shall be waste hauled periodically
as part of the operation and maintenance requirements for grease control
devices and disposed of in a proper manner and at regular intervals.
(Ord. 962 § 2, 2009)
Monitoring for compliance with FOG wastewater discharge conditions
and reporting requirements are as follows:
A.
The
director may require periodic reporting of the status of implementation
of best management practices, in accordance with the FOG control program
and the FOG control program manual.
B.
The
director may require visual and other monitoring at the sole expense
of the permittee to observe the actual conditions of the FSEs
C.
The
director may require reports for self-monitoring of wastewater constituents
and FOG characteristics of the permittee needed for determining compliance
with any conditions or requirements as specified in the FOG wastewater
discharge permit or this chapter. Monitoring reports of the analyses
of wastewater constituents and FOG characteristics shall be in a manner
and form approved by the director and shall be submitted upon request
of the director.
D.
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.
E.
The
permittee shall be responsible for any and all expenses of the city
in undertaking such monitoring analyses and preparation of reports.
F.
Other
reports may be required such as compliance schedule progress reports,
FOG control monitoring reports, and any other reports deemed reasonably
appropriate by the director to ensure compliance with this chapter.
(Ord. 962 § 2, 2009)
The permittee shall be required to 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.
(Ord. 962 § 2, 2009)
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. 962 § 2, 2009)
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, reviewing the manifests, receipts and invoices
relating to the cleaning, maintenance and inspection of the grease
control devices.
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.
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 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. 962 § 2, 2009)
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 the permittee
has reasonable opportunity to know that his, her or its discharge
will exceed the discharge provisions of the FOG wastewater discharge
permit or this chapter, the discharger shall immediately notify the
city by telephone at the number specified in the permit. If the material
discharged to the sewer has the potential to cause or results in sewer
blockages or SSOs, the discharger shall immediately notify the local
health department, city or county, and the city
B.
Confirmation
of this 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 or spill, what
steps were taken to immediately correct the problem, and what steps
are being taken to prevent the problem from recurring.
C.
Such
notification shall not relieve the permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage
or loss to the city or any other damage or loss to 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. 962 § 2, 2009)
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 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, a permittee, or applicant for a permit may appeal any determination made by the director, including but not limited to a denial of a discharge permit, a notice of violation; permit suspension or revocation; or a compliance schedule agreement (CSA), pursuant to the procedures set forth in Chapter 1.10 (General Penalty).
C.
The
city, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in this chapter in response to any FOG
wastewater discharge permit or chapter violations.
(Ord. 962 § 2, 2009)
Violations of the provisions of this chapter or the rules and regulations adopted by the city shall be deemed a misdemeanor and subject to the procedures, penalties and remedies set out in Chapter 1.10 of this code.
The owner and operator of a FSE or permittee shall be in violation
of this chapter if such owner or operator or permittee:
A.
Fails
to install an approved grease control device as required by this chapter;
or
B.
Makes
any false statements, representation, record, report, plan or other
documents that is filed with the city; or
C.
Tampers
with or knowingly renders inoperable any grease control device required
under this chapter; or
D.
Fails
to clean, maintain or remove grease from a grease control device within
the required time for such cleaning, maintenance or grease removal;
or
E.
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 any city code enforcement representative, or designee, any representative
of a local sanitation agency that has jurisdiction over the sanitary
sewer system that services the food facility, or any authorized inspector
that has jurisdiction under the water quality chapter; or
F.
Refuses
a city code enforcement representative, or designee, a representative
of a local sanitary sewer agency that has jurisdiction over the sanitary
sewer system that services the food facility, or any authorized inspector,
reasonable access to the food facility 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;
or
G.
Disposes
of, or knowingly allows or directs FOG to be disposed of, in an unlawful
manner; or
H.
Fails
to remove all food grinders located in the food facility by the date
specified by this chapter; or
I.
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 food facility; or
J.
Fails
to pay the grease disposal mitigation fee as specified in this chapter
when due; or
K.
Fails
to comply with the FOG control program manual; or
L.
Otherwise
fails to comply with the provisions of this chapter or any permit
issued by the city under this chapter.
|
Violations under this section shall be subject to the procedures,
penalties and remedies set out in this chapter and Chapter 1.15. 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. 962 § 2, 2009)
Discharge of wastewater in any manner in violation of this chapter
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. 962 § 2, 2009)
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. 962 § 2, 2009)
Fees pertaining to this chapter shall be established by resolution
of the city council.
(Ord. 962 § 2, 2009)
