Unless otherwise expressly stated or the context clearly indicates
a different intention the following terms shall, for the purpose of
this chapter, have the meanings indicated in this section:
means any program, technology, process, criteria, operational
methods, schedules of activities, prohibitions of practices, or engineered
systems, which have been determined to prevent or reduce the discharge
of FOG to the POTW to the maximum extent practicable.
means any change in ownership, food types, or operational
procedures that have the potential to increase the amount of FOG generated
or discharged by a food service establishment and may cause or create
a potential for sanitary sewer overflows.
means the director of public works, or his or her duly authorized
representative.
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 any room, building, or place or portion thereof, located
within the boundaries of the city of Glendale, which is maintained,
used or operated by any profit or nonprofit entity engaged in activities
of storing, preparing, serving, manufacturing, packaging, transporting,
salvaging or otherwise handling and distributing food and beverages
(including prepackaged items) for the purpose of making food available
for consumption by the public, and include, but are not limited to,
facilities such as restaurants, lunch counters, refreshment stands,
bars, hotels, schools, hospitals, convalescent homes, health care
institutions, community centers, public clubhouses, fire stations,
prisons and correctional facilities. These establishments use one
or more of the following food preparation activities: cooking by frying
(all methods), baking (all methods), grilling, sautéing, rotisserie
cooking, broiling (all methods), boiling, blanching, roasting, toasting,
or poaching. Also included are infrared heating, searing, barbecuing,
and any other food preparation activity that produces a hot, nondrinkable
food product in or on a receptacle that requires washing.
means a multi-compartment device constructed in different
sizes and generally required to be located, according to the most
recent edition of the California Plumbing Code, underground between
a food service establishment and the connection to the sewer system.
These devices primarily use gravity to separate and eliminate FOG
from the wastewater discharged from a facility.
means a grease control device located under sink fixtures,
which is designed to have limited effect, and is used to serve up
to four individual fixtures in those cases where the use of a grease
interceptor or other pretreatment device is determined to be impossible
or impracticable.
means the National Pollutant Discharge Elimination System;
the permit issued to control the discharge of liquids or other substances
or solids to surface waters of the United States as detailed in Public
Law 92-500, section 402.
means publicly owned treatment works, as defined by Section
212 of the Federal Clean Water Act, which is partially owned or operated
by the city. This definition includes any sanitary sewers that convey
wastewater to the city sewage treatment plants.
means any grease interceptor, grease trap, clarifier or other
equipment, device or process, which attaches to, or is applied to,
wastewater plumbing fixtures and lines, the purpose of which is to
trap, treat or collect FOG from a waste stream prior to it being discharged
into the sanitary sewer system; it may include any other proven method
to separate and remove FOG subject to the approval of the director.
means a material renovation with a building permit valuation
of $50,000 or more, and including, without limitation, renovations
of the plumbing system or the addition of any equipment that may increase
discharge to the POTW.
(Ord. 5667 § 1, 2009)
It is unlawful for any food service establishment to discharge
FOG into the sanitary sewer or allow, cause, or contribute to, the
discharge of FOG into the sanitary sewer in any manner that is in
violation of any condition set forth in this chapter.
(Ord. 5667 § 1, 2009)
Every food service establishment shall develop and implement
a program for the control of FOG in its operation in order to minimize
the discharge of FOG to the sanitary sewer. Such program must include
the implementation of best management practices. A written copy of
the program must be submitted to the director. If, in the opinion
of the director, the food service establishment continues to adversely
impact the POTW, the director may require additional FOG pretreatment.
(Ord. 5667 § 1, 2009)
A.
[Application
of Requirements.] The requirements of this section shall apply to:
(1)
All new food service establishments including, but not limited to,
restaurants, cafeterias, hotels, motels, hospitals, nursing homes,
schools, grocery stores, prisons, jails, camps, caterers, manufacturing
plants and any other dischargers who introduce FOG into the sanitary
sewer;
(2)
Any existing food service establishment upon the sale or transfer
of operational control thereof; and
(3)
Any existing food service establishment upon remodeling or making
modifications with a building permit valuation of $50,000 or more,
including, without limitation, renovations of the plumbing system
or the addition of any equipment that can result in an increased discharge
to the POTW; and
(4)
Any existing food service establishment, which has caused or contributed
to a grease-related blockage in the sanitary sewer, or which, based
on inspection or sampling, has been determined by the director to
be discharging FOG in significant quantities sufficient to adversely
impact the sanitary sewer.
B.
Grease Interceptor Requirement. All food service establishments specified in subsection A. of this section shall install, operate and maintain an approved type, adequately sized and readily accessible grease interceptor necessary to maintain compliance with the requirements of this chapter. Grease interceptor sizing and installation shall meet the minimum standards of the most recent edition of the California Plumbing Code. Grease interceptors shall have a minimum of two compartments with fittings designed for grease retention and shall be constructed and installed in accordance with the Glendale Municipal Code, subject to the review and approval of the director.
C.
Variance
of Grease Interceptor Requirement. A food service establishment may
obtain a variance from the grease interceptor requirement, if a request
is submitted in writing to the director, to allow the installation
and maintenance of an alternative pretreatment device in lieu of a
grease interceptor provided that such alternative pretreatment device
is equally as effective in controlling the FOG discharge. Alternative
pretreatment devices, including, but not limited to, grease traps
and other separation and holding devices, must be appropriately sized
and approved by the director. The food service establishment must
demonstrate to the satisfaction of the director that the grease interceptor
installation and operation is physically not feasible or not warranted
to fulfill discharge requirements at the site and that the alternative
pretreatment device is equivalent to a grease interceptor in controlling
the establishment's FOG discharge.
D.
Conditional
Waiver of Interceptor Requirement. An existing food service establishment
may obtain a conditional waiver from installing a grease interceptor
if the establishment can demonstrate to the satisfaction of the director
that it has a negligible FOG discharge and an insignificant impact
on the POTW. Any waiver granted by the director shall be voided by
the establishment making changes in its operations that significantly
affect FOG discharge, including, but not limited to, changes in food
preparation activities, renovations of the plumbing system, and increased
discharges to the POTW. The waiver shall remain valid until the expiration
date specified in the waiver, provided that the food service establishment
remains in compliance with the waiver's terms and conditions. A waiver
may be revoked at any time when any of the terms and conditions for
its issuance is not satisfied or if the justification for the waiver
no longer exists.
E.
Sanitary
Fixtures. Toilets, urinals, and other similar sanitary fixtures shall
not discharge through the grease interceptor unless specifically approved,
in writing, by the director.
(Ord. 5667 § 1, 2009)
A.
All
pretreatment devices shall be maintained in efficient operating condition
at all times by periodic removal of the full contents of such devices,
which includes wastewater, accumulated FOG, floating materials, sludge
and solids. The maintenance frequency shall be adequate to comply
with the design capacity of the pretreatment device. In maintaining
the pretreatment device, the owner shall be responsible for the proper
removal and disposal, by appropriate means, of the captured material
and shall maintain records of the dates, amounts and means of disposal,
all of which is subject to review by the director.
B.
Grease
interceptors shall be fully pumped out and cleaned at a frequency
such that the combined FOG and solids accumulation does not exceed
25% of the total hydraulic capacity of the grease interceptor calculated
by volume or depth, whichever is more stringent. At the minimum, all
grease interceptors shall be maintained not less than once every six
months. Grease interceptors shall be fully pumped out and cleaned
quarterly when the maintenance frequency has not been established.
The director may change the maintenance frequency at any time to reflect
changes in actual operating conditions in accordance with the requirements
of this chapter. If the grease interceptor, at any time, contains
FOG and solids accumulation that does not meet the requirements of
this chapter, the food service establishment shall be required to
have the grease interceptor serviced immediately such that all fats,
oils, grease, sludge, and other materials are completely removed from
the grease interceptor.
C.
Additives
that reduce FOG, such as bacteria, may be used in addition to the
regular maintenance program for grease interceptors, but shall not
impinge on grease interceptor sizing or maintenance frequency. The
use of additives is subject to approval by the director. The introduction
of emulsifying agents, such as chemicals or solvents, either directly
or indirectly into the grease interceptor, other than what is considered
typical business operational practices such as dishwashing or sanitation,
is strictly prohibited.
D.
Wastewater,
accumulated FOG, floating materials, sludge solids, and other waste
materials removed from the grease interceptor shall be properly disposed
off-site by waste haulers in accordance with federal, state and local
laws. All pumping of grease pretreatment facilities and tallow bin
hauling by private contractors must be tracked by a manifest to confirm
the pumping and hauling of waste. Food service establishments are
required to obtain and maintain a copy of the waste hauler's documentation
which must include:
1.
The
name and address of the hauling company;
2.
The
name and signature of operator performing the pump out;
3.
Documentation
of full pump out with volume of water and FOG removed (e.g., 1,500
gallons);
4.
Documentation
of the level of floating FOG and settable solids;
5.
Documentation
of any repairs to the grease interceptor; and
6.
Identification
of the facility where the waste hauler is planning to dispose of the
waste.
(Ord. 5667 § 1, 2009)
Every food service establishment shall maintain a compliance
record of all manifests, receipts and invoices of all cleaning, maintenance,
grease removal from pretreatment devices, hauling and disposal of
waste, and cleaning of pretreatment facilities, such as grease traps,
by facility employees. The compliance record must log the date and
time of cleaning, the name of the employee who performed the cleaning,
and the volume removed. All compliance records must be retained on
site by the food service establishment for a period of not less than
three years. The establishment shall, upon request, make the compliance
record available to the director.
(Ord. 5667 § 1, 2009)
A.
When
required for the purposes of this chapter, the food service establishment
shall provide, operate and maintain safe and accessible monitoring
facilities (such as a suitable sampling port or manhole) at all times
to allow observation, inspection, sampling and flow measurement of
the building sewer or internal drainage systems. There shall be ample
room in or near such monitoring facility to allow accurate sampling
and preparation of samples for analysis.
B.
Persons
authorized by the director may inspect and sample the wastewater discharges
of any food service establishment to ascertain whether the conditions
of this chapter are being met and the discharger is complying with
all requirements. Such authorized persons shall have access to any
food service establishment premises, during normal business hours,
for purposes of inspecting the food service establishment's grease
interceptor or pretreatment devices, reviewing the manifests, receipts
and invoices relating to the cleaning and maintenance of pretreatment
devices, and allow observation, inspection, sampling and flow measurement
of the building sewer or internal drainage systems, in accordance
with this chapter.
(Ord. 5667 § 1, 2009)
A.
In the event that the director determines that a food service establishment is not in compliance with any condition of this chapter, or the terms, conditions and limitations of any waiver or agreement between the city and the food service establishment with respect to the discharge of FOG into the sanitary sewer, the director may issue a notice of noncompliance, whereby the food service establishment shall comply with all directives, conditions and requirements therein within the time prescribed by the notice. Such notice may contain terms and conditions including, but not limited to, installation of pretreatment devices and grease interceptors, payment of noncompliance charges, submittal of drawings or technical reports, limits on rate and time of discharge, or any other provisions to ensure compliance with this chapter. If compliance is not achieved in accordance with the terms and conditions of the notice within the time prescribed therein, the director may issue an order suspending water and sewer services pursuant to Section 13.34.090 of this chapter.
B.
Any
food service establishment determined to be in noncompliance with
the terms and conditions of this chapter, or the terms and conditions
of any waiver or agreement between the city and the establishment,
may be required to pay a noncompliance charge. The noncompliance charge
shall be determined by the director on a case-by-case basis. The purpose
of the noncompliance charge is to compensate the city for estimated
and actual costs of additional inspection and follow-up, sampling,
monitoring, laboratory analysis, treatment, disposal, administrative
processing incurred, and any fines imposed on the city by other regulatory
agencies as a result of such noncompliance.
(Ord. 5667 § 1, 2009)
A.
The
city may, by order of the director, suspend water or sewer services
when such suspension is necessary in the opinion of the director to
stop an actual or impending discharge which presents an imminent or
substantial danger to the health or welfare of persons or to the environment,
or may cause sanitary sewer blockages and overflows or interfere with
the proper functioning of the POTW, or may cause the city to violate
any conditions of its NPDES permit. Any food service establishment
notified of a suspension of services, stating the reasons for it,
shall immediately cease the discharge of all wastewater containing
FOG to the sanitary sewer.
B.
In
the event that the food service establishment fails to comply voluntarily
with the suspension order, the director may take such steps as are
reasonably necessary to ensure compliance. These include, but are
not limited to, immediate blockage or disconnection of the food service
establishment's connection to the sanitary sewer. The director shall
reinstate the water or sewer service when the establishment has demonstrated
that the conditions which necessitated the suspension have been eliminated.
C.
As
soon as reasonably practicable following the issuance of an emergency
suspension order, but not more than five business days following the
issuance of such order, the director shall hold a hearing to provide
the food service establishment the opportunity to present information
in opposition to the issuance of the suspension order. The hearing
shall be as informal as is compatible with the requirements of justice.
The director shall issue a written decision and order within two business
days following the hearing, which decision shall be mailed by certified
mail to the food service establishment or its legal representative
at the establishment's business address. Any decision of the director
following the hearing shall be final and is not appealable to the
city council, but may be subject to judicial review.
(Ord. 5667 § 1, 2009)
In the event that 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, and said violation can be established by
the city, as having been caused by the discharge of any food service
establishment which is in violation of any provision of this chapter,
the city shall then be entitled to recover from the food service establishment
all costs and expenses, including, but not limited to, the full amount
of said fines or penalties to which it has been subjected.
(Ord. 5667 § 1, 2009)
