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)