(a) The
Porter-Cologne Water Quality Act (California
Water Code §§ 13000
et seq.) provides for the regulation and reduction of pollutants discharged
into the waters of California.
(b) The
city 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 regulations and implement procedures
to reduce the amount of fats, oils and grease ["FOG"] discharged into
the city's sanitary sewer collection system.
(c) Section
C.12(iii) of the sewer WDRs requires the city to demonstrate that
it possesses the legal authority necessary to control discharges of
FOG to and from those portions of the city's sanitary sewer collection
system over which it has jurisdiction, so as to comply with the sewer
WDRs.
(d) 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 & Safety Code ("FSEs"), may produce FOG as a byproduct of their operations, which, if not properly managed and disposed, may create the potential for blockage of sanitary sewer lines, which can result in damage to both public and private property, and sewage overflows that cause health problems and have the potential to pollute beaches and water courses in the city, as well as in other portions of Orange County.
(e) Studies
in Orange County have concluded that FOG is one of the primary causes
of sanitary sewer blockages. 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 serving FSEs.
(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 sewage overflows 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
blockages of sewer lines resulting from discharges of FOG to the system,
and to specify appropriate FOG discharge requirements for FSEs discharging
into the city's sewer system to protect the public health and safety.
(h) This chapter shall be interpreted in accordance with the definitions set forth in section
13-81. The provisions of this chapter shall apply to the direct or indirect discharge of all wastewater or waste containing FOG into city's sanitary sewer collection system.
(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, the adoption of reasonable regulations, as set
forth herein, is essential and it is the intent of this chapter to
establish regulations for the disposal of FOG and other insoluble
waste discharges from FSEs into the city's sewer system.
(j) To comply
with federal, state, and local policies and to allow the city to meet
applicable standards, provisions are made in this chapter for the
regulation of wastewater or waste containing FOG discharges to the
sewer facilities.
(k) 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 which do not discharge into the city's sanitary sewer
system.
(l) This
chapter establishes quantity and quality standards on all wastewater
and/or waste discharges containing FOG, which may alone or collectively
cause or contribute to FOG accumulation in the sewer facilities causing
or potentially causing or contributing to the occurrence of SSOs.
(Ord. No. 1065, § 1, 12-13-04)
(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 C.F.R. § 136
(Code of Federal Regulations).
(b) Other
terms not herein defined are defined as being the same as set forth
in the latest adopted applicable editions of the California Codes
applicable to building construction adopted pursuant to the California
Building Standards Law.
(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 of FOG to the sewer 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 the sewer facilities. Discharger shall have
the same meaning as user.
Fats, oils, and grease (FOG).
Any substance, such as a vegetable, animal or other product
that is used in, or is a byproduct of, the cooking or food preparation
process, and that turns or may turn viscous or solidifies with a change
in temperature or other conditions.
FOG control program.
The FOG control program required by and developed pursuant
to section (c)(12)(viii) of 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 discharge 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 facilities or into sewer facilities
or which ultimately discharge into such a facility.
Food grinder.
Any device installed in the plumbing of a facility or sewage
system for the purpose of grinding food waste or food preparation
byproducts for the purpose of disposing it in the sewer system.
Food service establishment (FSE).
Facilities defined in California Uniform Retail Food Facility
Law (CURFFL)
Health & Safety Code § 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
place, or portion thereof, maintained, used, or operated for the purpose
of storing, preparing, serving, or manufacturing, packaging, or otherwise
handling food for sale to other entities, or for consumption by the
public, its members or 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 an 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. A 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 to an owner/operator of an FSE, as provided
in this chapter, when there are physical limitations to the property
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 an FSE and the connection to the
sewer system. These devices primarily use gravity to separate FOG
from the wastewater as it moves from one compartment to the next.
Grease trap.
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.
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 sewer system,
treatment processes or operations; or is a cause of violation of the
city's NPDES or waste discharge requirements.
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 to construct and/or maintain public sewers.
Major operational change.
A physical change or operational change causing generation
of the 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 create a potential for SSOs to
occur.
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 discharge permit to discharge
wastewater into the city's sewer facilities subject to the requirements
and conditions established by the city.
Public agency.
The state 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 shall mean those
agencies having regulatory jurisdiction over the operations of the
city, including, but not limited to:
(1)
United States Environmental Protection Agency, Region IX, San
Francisco and Washington, D.C. (EPA).
(2)
California State Water Resources Control Board (SWRCB).
(3)
California Regional Water Quality Control Board, Santa Ana Region
(Santa Ana RWQCB).
(4)
South Coast Air Quality Management District (SCAQMD).
(5)
California Department of Health Services (DOHS).
Sewer facilities or system.
Any and all facilities used for collecting, conveying, pumping,
treating, and disposing of wastewater and sludge operated by the city,
including the public sewer.
Sewer lateral.
A building sewer as defined in the latest edition of the
California Plumbing Code. It is the wastewater connection between
the building's wastewater facilities and a public sewer system.
Sewer WDRs.
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, adopted by the Santa Ana RWQCB,
and any successor permit to such WDRs.
Sludge.
Any solid, semisolid or liquid decant, subnate or supernate
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.
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. No. 1065, § 1, 12-13-04)
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. No. 1065, § 1, 12-13-04)
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 materials 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 discharge 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. No. 1065, § 1, 12-13-04)
(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) within 180 days of the effective
date of this article, except when expressly approved, in writing,
by the director.
(Ord. No. 1065, § 1, 12-13-04)
(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 discharge
manual. Detailed requirements for best management practices are specified
in the FOG discharge manual and may include kitchen practices and
employee training that are essential in minimizing FOG discharges.
(Ord. No. 1065, § 1, 12-13-04)
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 § 403.5.
(Ord. No. 1065, § 1, 12-13-04)
(a) Variance from grease interceptor requirements. A variance
or a conditional waiver from the grease interceptor requirements on
such terms and conditions as may 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, (1) to allow alternative pretreatment
technology that is, at least, equally effective in controlling the
FOG discharge in lieu of a grease interceptor, may be granted by the
director to FSEs demonstrating to the director's satisfaction that
it is impossible 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 to the sewer system.
(b) Waiver from grease interceptor installation with a grease disposal
mitigation fee. For FSEs where the installation of grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the imposition of a grease disposal mitigation fee as described in section
13-89. 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 a grease interceptor will be installed when the FSE either (i) applies for any discretionary permit, including, but not limited to, a conditional use permit; or (ii) conducts any remodeling to an FSE which involves construction valued at $50,000 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 30% increase in the net public seating area, (3) a 30% 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 an FSE unless the applicant can demonstrate that a grease interceptor has been or will be installed at the FSE.
(c) Application for waiver or variance of requirement for grease interceptor. An 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 an FSE shall be set forth in the discharge
permit. A waiver or variance may be revoked 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. No. 1065, § 1, 12-13-04)
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 serving
its FSEs and for compliance with this chapter. Furthermore, owners
of commercial properties at which multiple FSEs 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 serving multiple FSEs upon approval by the
director on such terms and conditions that the director may establish
in his sole discretion.
(Ord. No. 1065, § 1, 12-13-04)
(a) FSEs
that operate without a grease control interceptor 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 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 12 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. No. 1065, § 1, 12-13-04)
Notwithstanding any waiver of grease interceptor 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 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 an 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. No. 1065, § 1, 12-13-04)
(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) 180 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
90 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 an FSE has fully complied with the provisions
of this chapter.
(Ord. No. 1065, § 1, 12-13-04)
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
is necessary and appropriate to properly evaluate the application.
The applicable fees shall accompany this 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. No. 1065, § 1, 12-13-04)
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 interceptors and other
grease control devices.
(c) Grease
interceptor 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. No. 1065, § 1, 12-13-04)
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 discharge permit or a renewed discharge permit. A
permittee shall also pay any delinquent invoices in full prior to
permit renewal.
(Ord. No. 1065, § 1, 12-13-04)
(a) The
terms and conditions of an issued 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 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 discharge permit
limits, conditions, or requirements at least 45 days prior to the
effective date of change. Any changes or new conditions in the discharge
permit shall include a reasonable time schedule for compliance.
(Ord. No. 1065, § 1, 12-13-04)
FOG wastewater discharge permits shall be issued for a period
not to exceed 1 year. Upon expiration of the discharge permit, the
user shall apply for renewal of the permit in accordance with the
provisions of this chapter.
(Ord. No. 1065, § 1, 12-13-04)
A limited food preparation establishment is not considered an
FSE for the purposes of this chapter and is exempt from obtaining
a FOG wastewater discharge permit.
(Ord. No. 1065, § 1, 12-13-04)
(a) FOG
wastewater discharge permits issued under this chapter are for a specific
FSE, for a specific operation and create no vested or property rights.
(b) No FOG
wastewater discharge 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. No. 1065, § 1, 12-13-04)
In addition to the FOG Wastewater 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. No. 1065, § 1, 12-13-04)
(a) Grease
interceptors shall be maintained in efficient operating condition
in accordance with the FOG discharge manual.
(b) Grease
interceptors must be cleaned, maintained, and FOG must be removed
from grease interceptors at regular intervals.
(c) FOG
removed from grease interceptors shall be waste hauled periodically
as part of the operation and maintenance requirements for grease interceptors
and disposed of in a proper manner and at regular intervals.
(Ord. No. 1065, § 1, 12-13-04)
(a) Monitoring for compliance with FOG wastewater discharge conditions
and reporting requirements.
(1) 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 discharge manual.
(2) The director may require visual and other monitoring at the sole
expense of the permittee to observe the actual conditions of the FSE's
sewer lateral and sewer lines downstream.
(3) 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.
(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.
(5) The permittee shall be responsible for any and all expenses of the
city in undertaking such monitoring analyses and preparation of reports.
(6) 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.
(b) Record keeping requirements. 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.
(c) Falsifying information or tampering with process. It shall
be 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. No. 1065, § 1, 12-13-04)
(a) The
director may inspect and sample or order the inspection and sampling
of 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, invoices and other documents and information and to make
inquiries of the permittee and its employees relating to the cleaning,
maintenance and inspection of the grease control devices or interceptor
or other facilities relating to discharges into the sewer system.
(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 an 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 FOG wastewater discharge 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. No. 1065, § 1, 12-13-04)
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. No. 1065, § 1, 12-13-04)
(a) In
the event a permittee is unable to comply with any FOG Wastewater
discharge permit condition due to a breakdown of equipment, accidents,
or human error or 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, 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 FOG wastewater discharge 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. No. 1065, § 1, 12-13-04)
(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 section
13-107.
(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. No. 1065, § 1, 12-13-04)
(a) The
owner and operator of an 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; or
(2) Makes any false statement, representation, record, report, plan or
other document that is filed with the city; or
(3) Tampers with or knowingly renders inoperable any grease control device
required under this chapter; or
(4) Fails to clean, properly operate, maintain or remove FOG from a grease
control device within the required time for such cleaning, maintenance
or grease removal; or
(5) Fails to keep up-to-date and accurate records of all cleaning, maintenance,
and FOG removal and up-on request to make those records available
to any city code enforcement representative, or his or her designee,
any representative of a local sanitation agency that has jurisdiction
over the sanitary sewer system that services the FSE, or any authorized
inspector that has jurisdiction under the water quality chapter; or
(6) Refuses a city code enforcement representative, or his or her designee,
a representative of 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;
or
(7) Disposes of, or knowingly allows or directs FOG to be disposed of,
in an unlawful manner; or
(8) Fails to remove all food grinders located in the food facility by
the date specified by this chapter; or
(9) Introduces additives into a wastewater system for the purposes of
emulsifying FOG without the writ-ten, specific authorization from
city and the sanitary sewer agency that has jurisdiction of the sanitary
sewer system that services the FSE; or
(10) Fails to pay the Grease disposal mitigation fee as specified in this
chapter when due; or
(11) Fails to comply with the provisions of 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 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. No. 1065, § 1, 12-13-04)
(a) Upon
determination by the director that a permittee or other owner or operator
of an FSE or owner of a property is in noncompliance 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 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 user fees, noncompliance sampling fees,
or, or other amounts due 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. No. 1065, § 1, 12-13-04)
(a) [Parameters for suspension.] The director may suspend any
permit when it is determined that a permittee:
(1) Fails to comply with the terms and conditions of a CSA order.
(2) Knowingly provides a false statement, representation, record, report,
or other document to the city.
(3) Refuses to provide records, reports, plans, or other documents required
by the city to determine permit terms or conditions, discharge compliance,
or compliance with this chapter.
(4) Falsifies, tampers with, or knowingly renders inaccurate any monitoring
device or sample collection method.
(5) Refuses reasonable access to the permittee's premises for the purpose
of inspection and monitoring.
(6) Does not 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) Causes interference, sewer blockages, or SSOs with the city's collection,
treatment, or disposal system.
(8) Violates grease interceptor or grease control device maintenance
requirements, or any condition or limit of its FOG wastewater discharge
permit or any provision of this chapter.
(b) [Written notice required.] When the director has reason
to believe that grounds exist for permit suspension, he/she shall
give written notice thereof by certified mail 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 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. No. 1065, § 1, 12-13-04)
(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/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 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 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 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 FOG wastewater discharge permit, which records may be the
basis for denial of a new permit.
(4) An order of FOG wastewater discharge permit revocation issued by
the director shall be final in all respects on the sixteenth day after
it is mailed to the permittee.
(Ord. No. 1065, § 1, 12-13-04)
(a) Any
person who discharges any waste, including, but not limited to, those
listed under 40 C.F.R. § 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 sewer facilities
or to the operation of the sewer system or those facilities 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 25% 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 45 days of invoicing by the city.
(b) Any
person who discharges a waste which causes or contributes to the city
violating its sewer WDRs or any other discharge requirements or permits
established by any regulatory agency or the city incurring additional
expenses or suffering losses or damage to the sewer system or sewer
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, and including any attorney's fees incurred
by the city.
(Ord. No. 1065, § 1, 12-13-04)
Discharge of wastewater in any manner in violation of this chapter
or of any order issued by the director, as authorized by this chapter,
or any provisions of a FOG wastewater discharge permit 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. No. 1065, § 1, 12-13-04)
(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 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. No. 1065, § 1, 12-13-04)
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 facilities,
or may cause the city to violate any state or federal law or regulation
or the sewer WDRs. 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. No. 1065, § 1, 12-13-04)
(a) In
addition to criminal penalties and administrative penalties authorized
by this Chapter, all users of the City's system and facilities are
subject to enforcement actions administratively or judicially by the
City, U.S. EPA, Santa Ana RWQCB, 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. §§ 1251
et seq..);
(2) California Porter-Cologne Water Quality Control Act (California
Water Code §§ 13000
et seq..); (3)
California Hazardous Waste Control Law (California Health & Safety
Code §§ 25100 to 25250); (4) Resource Conservation
and Recovery Act of 1976 (42 U.S.C. §§ 6901
et seq..); and (5) California
Government Code, §§ 54739-54740.
(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 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
system which is in violation of any provision of the City's 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 §§ 54739
- 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 civilly for a sum not to exceed
$25,000.00 per violation for each day in which such violation occurs.
Pursuant to the authority of the Clean Water Act, 33 U.S.C. §§ 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 $25,000.00 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 §§ 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, prohibition, or effluent limit of a FOG wastewater
discharge permit or CSA; or
(3) Any suspension or revocation order.
(Ord. No. 1065, § 1, 12-13-04)
Any person who violates any provision of this chapter or of
a FOG wastewater discharge permit or CSA is guilty of a misdemeanor,
which upon conviction is punishable by a fine not to exceed $1,000,
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. No. 1065, § 1, 12-13-04)
Any FSE, permit applicant, or permittee adversely affected by
a decision made by the director may appeal the decision by filing,
within 10 days, a written request for hearing before the city manager
accompanied by an appeal fee in an amount established by resolution.
The request for hearing shall set forth in detail all the issues in
dispute all facts supporting appellant's request. A hearing shall
be held by the city manager within 65 days. If the matter is not heard
within the required time, the order of director shall be deemed final.
The appeal fee shall be refunded if the city manager reverses or modifies,
in favor of the appellant, the order of the director. 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 city manager's decision shall be final.
(Ord. No. 1065, § 1, 12-13-04)
(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 45 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 10% of the
base invoice amount, not to exceed a maximum of $1,000; and
(2) A penalty of one and one half (1.5) 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 90 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 permittees.
(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. No. 1065, § 1, 12-13-04)
(a) Pursuant
to section 1094.6 of the California
Code of Civil Procedure, the city
hereby enacts this part to limit to 90 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. No. 1065, § 1, 12-13-04)