No FSE shall discharge FOG, or cause FOG to be discharged into the public or private sewer or lateral that causes an SSO or that may accumulate and/or cause or contribute to blockages in the public or private sewer or lateral which connects the FSE to the public sewer.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
The discharge of FOG into the public or private sewer that causes an SSO or that accumulates or has the potential to accumulate such that it may or does cause or contribute to a blockage of the public or private sewer or lateral that may result in an SSO, presents a risk to the public health, safety and welfare and is hereby declared a public nuisance and may be abated pursuant to the provisions of this chapter, or by any means otherwise provided by law.
B. 
When the Director determines that an FSE has discharged FOG and that FOG discharge has caused a blockage of the public or private sewer or lateral or an SSO, the Director may order the FSE owner or the property owner to install and maintain a grease interceptor and to devise and implement a plan to abate the nuisance created by the FOG discharge through the cleaning, repair or replacement of any sewer facilities obstructed or damaged thereby.
C. 
At the reasonable discretion of the Director or at the request of the property owner or operator of the FSE, the City may act immediately to clear or repair any public or private sewer or lateral and contain and clean any SSO caused by the blockage of a private or public sewer or lateral or system serving an FSE. Any cost, expense, liability, fine, penalty or other payment made or incurred by the City to clear or repair any public or private sewer or lateral, or to contain, clean, report and otherwise remediate any SSO, caused by the blockage of any public or private sewer or lateral caused by the discharge of FOG by an FSE shall be borne jointly and severally by the property owner and owner of the FSE and shall constitute a debt to the City, due and payable upon demand and collectable in any manner provided by law.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
All FSEs shall implement kitchen best management practices in accordance with the requirements and guidelines established by the Director under the FOG control program in an effort to minimize the discharge of FOG to the sewer system.
B. 
All FSEs shall be required, at a minimum, to implement and comply with the following kitchen best management practices:
1. 
Drain screens shall be installed on all drainage pipes in food preparation areas.
2. 
All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Waste cooking oil shall be transported by a licensed waste hauler to an approved recycling or disposal site in accordance with all applicable Federal, State, and/or local laws.
3. 
All garbage and food waste shall be disposed of properly in trash bins or containers, and not in sinks.
4. 
Kitchen exhaust filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning kitchen exhaust filters, floor mats and kitchen equipment shall be disposed of properly in compliance with these regulations.
5. 
Employees of FSEs shall be trained by ownership/management periodically on the following subjects:
a. 
How to "dry wipe/scrape" pots, pans, dishware, utensils, equipment and work areas before washing to remove FOG;
b. 
How to properly dispose of garbage, food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors;
c. 
The location and use of absorption products to clean under fryer baskets and other locations where FOG may be spilled or dripped;
d. 
How to properly dispose of FOG from cooking equipment into a FOG receptacle such as a barrel, drum or bin without spilling.
Training shall be documented for each employee. Training records shall be available for review at any reasonable time by the Director. Training records shall be retained for a minimum of three years.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Discharge into the sewer system of FOG that may accumulate and/or cause or contribute to blockages in the sewer system including the lower lateral is prohibited.
B. 
Installation of food grinders in the plumbing system is prohibited. FSEs shall remove all existing food grinders within 180 days from the effective date of the ordinance codified in this chapter.
C. 
Introduction of any additives into the plumbing system of an FSE, grease interceptor or grease control device for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance is prohibited.
D. 
Disposal of waste cooking oil into the public sewer or storm drain is prohibited.
E. 
Discharge of wastewater from dishwashers to any grease interceptor or grease control device is prohibited.
F. 
Discharge of wastewater with temperatures in excess of 140° Fahrenheit into any grease interceptor or grease control device is prohibited.
G. 
Discharge of wastes from toilets, urinals, wash basins and other fixtures containing fecal materials to sewer lines directed to any grease interceptor or grease control device is prohibited.
H. 
Discharge of any waste including FOG and solid materials removed from a grease control device to the public sewer is prohibited. Grease removed from grease interceptors shall be transported to an approved disposal or recycling facility.
I. 
Operation of grease interceptors with FOG and solids accumulation exceeding 25 percent of the design hydraulic depth of the grease interceptor is prohibited. The grease and solids layers combined shall not exceed 25 percent of the total interceptor liquid depth.
J. 
Increasing the use of water or in any other manner attempting to dilute a discharge as a way of achieving compliance with these regulations is prohibited.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Every FSE is required at the time of construction, remodel, and/or change in operations to install, operate and maintain a grease interceptor necessary to maintain compliance with the objectives of this chapter, subject to the waiver provisions of Section 13.40.130. The grease interceptor installed shall be adequate to separate and remove FOG contained in wastewater from the FSE prior to discharge to the public sewer as determined by the most current edition of the California Plumbing Code. Fixtures, equipment and drain lines located in the food preparation and clean-up areas of an FSE shall be connected to the grease interceptor. Dishwashers shall not be connected to the grease interceptor.
B. 
Compliance shall be established as follows:
1. 
New Construction of FSEs. New construction of any FSE shall include complete installation of a grease interceptor prior to commencing discharges of wastewater to the public sewer, unless a waiver is obtained in accordance with Section 13.40.130.
2. 
Existing FSEs.
a. 
Any existing FSE, which has caused or contributed to grease-related blockage in the public sewer, has one or more sewer laterals connected to pipelines on the City's "hot spot" list and/or has contributed significant FOG to the public sewer, shall be deemed to have reasonable potential to adversely impact the public sewer and shall be required to install a grease interceptor within 180 days following issuance of written notification by the Director.
b. 
Any existing FSE or FSE that changes ownership or that undergoes remodeling and/or a change in operations, as defined in this chapter, shall be required to install a grease interceptor or to obtain a waiver in accordance with Section 13.40.130.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
Any owner, or official designee, of a commercial and/or institutional property where one or more FSEs are located shall be responsible for the installation and maintenance of the grease interceptor(s) serving the FSEs that are located on that property, as required by this chapter.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Any FSE required by this chapter to provide FOG control shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter.
B. 
Grease interceptor design, construction, sizing and installation shall conform to the most current edition of the California Plumbing Code. Grease interceptors shall have a minimum of two compartments.
C. 
The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease.
D. 
An access manhole, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and each sanitary tee within the interceptor. The access manholes shall extend at least to finished grade and be designed and maintained to prevent the entry of groundwater or stormwater runoff. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.
E. 
All grease interceptors are required to have grease retention fittings as designed for proper function. Any interceptor that does not have grease retention fittings shall be repaired and/or retrofitted with appropriate grease retention fittings.
F. 
No FOG that has accumulated in a grease interceptor shall be discharged into any sewer lateral or public sewer. Additionally, FOG shall not be transferred to or disposed of in a storm drain, public right-of-way, or onto the surface of any street, sidewalk, landscaping area or parking area.
G. 
The required maintenance frequency for every FSE with a grease interceptor shall be determined by the Director pursuant to the following criteria and procedures:
1. 
All grease interceptors shall be maintained in efficient operating condition by periodic removal of the full contents of the interceptor, which includes wastewater, accumulated FOG, floating materials, sludge and solids.
2. 
Grease interceptors shall be fully pumped out and cleaned once every three months or when the combined FOG and solids accumulation in the grease interceptor equals 25 percent of the design hydraulic depth of the grease interceptor, whichever occurs first. The purpose of the 25 percent rule is to ensure that the minimum hydraulic retention time and required available hydraulic volume are maintained to effectively intercept and retain FOG from being discharged to the public sewer.
3. 
If the grease interceptor, at any time, contains FOG and solids accumulation exceeding the requirements described in subsection (G)(2) of this section, the FSE shall be required by the Director to have the grease interceptor pumped and cleaned as soon as possible, but in no case more than 24 hours following issuance of an order to clean by the Director, unless otherwise specified by the Director.
4. 
The Director may require any FSE with a grease interceptor to submit data and information necessary to establish the required maintenance frequency of the grease interceptor.
5. 
The Director may change the required maintenance frequency at any time to reflect changes in actual operating conditions when sufficient data has been obtained and validated to warrant a different frequency based on the requirements described in subsection (G)(2) of this section or other guidelines adopted by the City pursuant to the FOG control program. The required maintenance frequency may increase or decrease based on the actual generation of FOG from the FSE but shall not be less frequent than once every three months unless specific written authorization from the Director is obtained.
H. 
Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be transported by a licensed waste hauler to an approved recycling or disposal site in accordance with all applicable Federal, State, and/or local laws. FSEs shall obtain and maintain a copy of the waste hauler's documentation which shall include:
1. 
Name of the hauling company;
2. 
Name and signature of the operator performing the pump out;
3. 
Documentation of a full pump out indicating the total volume of water and FOG removed in gallons;
4. 
Documentation of the level by percentage of the combined FOG and solids accumulation in the interceptor in order to determine compliance with the 25 percent rule;
5. 
Documentation regarding whether repairs to the grease interceptor are required;
6. 
Identification of the facility where the waste hauler has transported the waste.
I. 
The Director may direct City staff or a City contractor to pump and clean an FSE's grease interceptor if the FSE has failed to comply with the terms of this chapter. The FSE jointly and severally with the property owner shall be responsible for any and all expenses of the City in undertaking such work and such expenses are deemed a debt of the owner of the pertinent FSE and the property owner to the City, enforceable and collectable as provided by law.
J. 
Abandoned grease interceptors shall be immediately emptied and filled with a suitable material as required for abandoned septic tanks as specified in the most current edition of the California Plumbing Code by the property owner.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
Upon request by the Director:
A. 
Any FSE and/or property owner may be required to submit to the City two copies of facility site plans, floor plans, mechanical and plumbing plans, detail drawings showing all sewer locations and connections, and schematic drawings of grease interceptors, FOG control devices or other FOG control equipment and appurtenances by size, location and elevation. The submittal shall be in a form and content acceptable to the Director for review of the existing or proposed grease control device, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the FSE of the responsibility of modifying the facilities or procedures in the future as necessary to produce an acceptable discharge, and to meet the requirements of this chapter or the requirements of any other regulatory agency.
B. 
The Director may require the drawings be prepared by a California registered civil, chemical, mechanical, or electrical engineer.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
The FSE and the property owner shall be required to maintain on the FSE premises copies of all documentation required in this chapter for no less than three years. The FSE and the property owner shall, upon request, make the documentation readily available for inspection at any time to the Director, any inspector and/or enforcement officer and the public. Required documentation shall include:
A. 
A record or logbook of grease interceptor and/or grease control device cleaning and maintenance practices and activities;
B. 
A record or logbook of kitchen BMPs being implemented, including employee training;
C. 
Copies of waste hauling records and manifests for grease interceptor contents and waste oil disposal and recycling;
D. 
Records of solids accumulation in the grease interceptor to determine compliance with the 25 percent rule;
E. 
Records of all sampling data;
F. 
Records of any spills and/or cleaning of the sewer lateral or public sewer;
G. 
Any other information necessary to ensure compliance with this chapter.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
Subject to the limitations contained in subsections B and C of this section, the Director may grant a conditional waiver of the requirement to install a grease interceptor.
B. 
The Director may grant for new construction, including remodels, a conditional waiver to any FSE and/or property owner that the Director determines to have negligible FOG discharge and insignificant impact to the public sewer. Notwithstanding the granting of a conditional waiver however, the FSE or property owner may nonetheless be required to provide space and plumbing segregation for future installation of a grease interceptor. In making the determination as to whether to grant the conditional waiver, the Director shall make all of the following findings:
1. 
The quantity of FOG discharge as measured or indicated by the size of the FSE based on kitchen ventilation requirements, water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions does not indicate that the FSE will materially contribute to existing or potential FOG discharges.
2. 
The FSE does not appear to be a significant contributor of FOG into the sewer system, which is based on an inspection of the property or sampling of FOG discharged from the FSE to the sewer system.
3. 
The FSE has adopted and implemented adequate BMPs and has no recent history of non-compliance with the City's FOG related regulations and requirements.
4. 
The size, grade and condition of the sewer lines serving the FSE do not indicate that the FSE has discharged an excessive amount of FOG in the sewer, and the history of maintenance, blockages and SSOs in the public sewer lines receiving flow from the FSE do not deviate substantially from those experienced in other adjacent sewer lines.
5. 
There is no reason to believe that the operations of the FSE will change in the foreseeable future in a manner that may significantly increase the amount of FOG the FSE will discharge.
6. 
There is no other condition reasonably related to the generation of FOG discharges into the sewer by the FSE that will, in the sound judgment of the Director, warrant the denial of the conditional waiver in the interest of protecting the public health, safety and welfare.
C. 
Where the installation of a grease interceptor in an existing structure is not feasible, an FSE and/or property owner may be granted a conditional waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in Section 13.40.180. Additional requirements may also be imposed to mitigate the discharge of FOG into the public sewer. The Director's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon one or more of the following findings:
1. 
There is inadequate space for installation and/or maintenance of a grease interceptor;
2. 
There is inadequate slope for gravity flow between kitchen plumbing fixtures and the proposed grease interceptor and/or between the proposed grease interceptor and the upper lateral, the lower lateral, or the public sewer;
3. 
Any other condition reasonably related to the installation, operation, maintenance and/or inspection of a grease interceptor, which makes installation and/or maintenance of a grease interceptor infeasible.
D. 
Application for Conditional Waiver of Requirement for Grease Interceptor. An FSE or property owner may submit to the Director an application for conditional waiver from the grease interceptor requirement. The party applying for the conditional waiver bears the burden of demonstrating that the installation of a grease interceptor is not feasible or otherwise required. A waiver may be issued upon determination by the Director that reasons are sufficient to justify such a waiver, as provided in subsections B and C of this section.
E. 
Terms and Conditions of Waiver. The conditional waiver shall contain the terms and conditions that serve as the basis for its issuance. A waiver may be revoked by the Director at any time upon his or her determination that any of the terms or conditions for its issuance have not been satisfied or if the conditions upon which the waiver was based have changed so that the justification for the waiver no longer exists. The waiver shall be valid so long as the FSE remains in compliance with the terms and conditions, until the expiration date specified in the waiver, or until the conditional waiver is revoked.
F. 
Revocation of Conditional Waiver of the Requirement to Install a Grease Interceptor. The Director may revoke any conditional waiver of the requirement to install a grease interceptor granted pursuant to this section, subject to the procedures and limitations provided in this subsection.
1. 
Should the Director determine that, due to changed circumstances or failure to comply with the terms or conditions imposed upon the issuance of the conditional waiver, a conditional waiver that was previously issued and remains valid should be revoked, the Director shall provide notice by regular mail to the owner of the affected FSE and the property owner no less than 30 days prior to the proposed effective date of the revocation. The notice shall provide an explanation of the facts and circumstances that the Director has determined warrant revocation of the conditional waiver and an opportunity to respond in writing to the Director with information and evidence to justify the continuation of the conditional waiver in accordance with its terms and conditions.
2. 
Prior to making the final determination to revoke a conditional waiver the Director shall review and consider the written information provided pursuant to subsection (F)(1) of this section.
3. 
The determination of the Director to revoke a conditional waiver granted pursuant to this section shall be set forth in a writing provided to the owner of the affected FSE and the property owner by regular mail, and shall be based on the Director's reasonable determination that one or more of the following circumstances exists or has occurred:
a. 
The owner of the affected FSE and/or the property owner has failed to abide by any term or condition imposed upon the conditional waiver;
b. 
One or more of the findings made by the Director pursuant to subsection B or C of this section, due to changes in the operation of the FSE, changes in the condition, use or available capacity of the sewers serving the FSE or other changed circumstances, are no longer true; or
c. 
A change in law bearing upon the use or operation of the City's sanitary sewer system requires the revocation of the conditional waiver.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
The Director may require the FSE or property owner to construct and maintain in proper operating condition at their sole expense, flow monitoring, water quality monitoring and/or sampling facilities.
B. 
The location of the monitoring facilities shall be representative of actual discharge conditions.
C. 
FSEs and/or owners of premises where wastewater is generated and discharged to the sewer system shall allow the Director and designees immediate and safe access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time.
D. 
The FSE or property owner shall, upon request, submit to the Director waste analysis plans, contingency plans, and other necessary information to verify compliance with these regulations.
E. 
Testing procedures for waste constituents and characteristics shall be as provided in 40 Code of Federal Regulations 136.
F. 
In the event of an emergency involving an actual or imminent SSO, the Director and designees may access adjoining businesses or properties that share a public sewer with an FSE in order to prevent or remediate the actual or imminent SSO.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
A. 
The Director may require periodic reporting of the status of implementation of kitchen BMPs, in accordance with the FOG control program.
B. 
If, following an inspection of the FSE, it is apparent that the FSE has not used or maintained its grease interceptor or grease removal device, has failed to properly implement kitchen BMPs, or has failed to abide by any condition imposed upon a conditional waiver granted pursuant to Section 13.40.130 of this chapter, the Director may require visual closed circuit television inspection at the sole expense of the FSE or property owner to observe the actual conditions of the sewer lateral serving the property and sewer lines downstream.
C. 
The Director may require reports for self-monitoring of wastewater constituents and FOG characteristics from the FSE or property owner needed for determining compliance with any conditions or requirements as specified in 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. Failure by the FSE or property owner 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 this chapter. The FSE and property owner shall be responsible for any and all costs and expenses of the City in undertaking such monitoring analyses and preparation of reports and such costs and expenses are deemed a debt of the owner of the pertinent FSE and the property owner to the City, enforceable and collectable as provided by law.
D. 
Other reports may be required by the Director, such as compliance schedule progress reports, FOG control monitoring reports, grease interceptor and grease removal device operation and maintenance reports, and any other reports deemed reasonably appropriate by the Director to ensure compliance with this chapter.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)
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 these regulations is being met and the FSE is complying with all requirements. The FSE shall allow 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 and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor.
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 or property owner has security measures in force, the FSE or property owner shall make necessary arrangements so that the Director and/or an inspector shall be permitted to enter without delay for the purpose of performing their specific responsibilities.
C. 
In order for the Director to determine the wastewater characteristics of the FSE for purposes of determining compliance with this chapter, the FSE shall make available for inspection and copying by the Director, an inspector, an enforcement officer and/or service personnel, all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation and wastewater disposal. All such records shall be kept by the FSE a minimum of three years.
(Ord. 002-10 C.S. § 2, eff. 2-25-10)