It is the intent of the City Council, through adoption of this
chapter, to reduce sewer system overflow incidents by: (1) developing
and implementing a preventative maintenance program to assure optimum
functioning of the sewer system; (2) preventing illicit discharges
and obstructions to the sewer system; (3) requiring the proper design
and construction of sewers and connections to it; and (4) protecting
the environment by minimizing the effects of sewer discharges, which
often result in pathogens being released to receiving waters on which
persons depend for a variety of beneficial uses, including, but not
limited to: recreation and groundwater recharge.
(10-07)
The following are definitions of terms used in this chapter:
shall mean schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to: (1) prevent
or reduce the introduction of fats, oils, and grease to the sewer;
and (2) to prevent and reduce sewer system overflows to the municipal
storm drain system and receiving waters through preventative maintenance.
shall mean the Building Official of the City of Claremont
or designee.
shall mean any change in the ownership, food types, or operational
procedures that have the potential to increase the amount of FOG generated
and/or discharged by food facilities in an amount that alone or collectively
causes or creates a potential for a sewer system overflow to occur.
shall mean the City of Claremont.
shall mean the Director of Community and Human Services of
the City of Claremont or his/her designee.
shall mean any person who discharges or causes a discharge
of wastewater directly or indirectly to a public sewer. "Discharger"
shall mean the same as "user."
shall mean any substance such as a vegetable or animal 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 condition.
shall mean any commercial or industrial operation within
the boundaries of the City that may discharge FOG and/or that stores,
prepares, packages, serves, vends, or otherwise provides food for
human consumption at the retail level. Food facility shall also mean
food facilities defined in California Health and Safety Code Section
113789 or which have 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 hood, as defined in the California Mechanical
Code.
shall mean any device installed in the plumbing or sewer
system for the purpose of grinding food waste or food preparation
by products for the purpose of disposing it in the sewer system. "Food
grinder" shall also mean a "garbage disposal."
shall mean any grease interceptor, grease trap or other approved
mechanism, device, or process, which attaches to, or is applied to,
wastewater plumbing fixtures and lines, the purpose of which is to
trap, collect or treat FOG prior to it being discharged into the sewer
system.
shall mean a multi-compartment grease control device that
is constructed in different sizes and is generally required to be
located, according to the current edition of the California Plumbing
Code, underground between any food facility 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.
These devices must be cleaned, maintained and have the FOG removed
and disposed of in a proper manner on regular intervals to be effective.
shall mean a grease control device that is designed to retain
grease from one to a maximum of four fixtures. A grease trap is located
within the food facility and requires frequent maintenance depending
on the amount of FOG in the wastewater.
shall mean water entering a sewer system, including sewer
service connections, from the ground through such means as defective
pipes, pipe joints, connections, or manhole walls.
shall mean water entering a sewer system through a direct
stormwater runoff connection to the sanitary sewer, which may cause
an almost immediate increase in wastewater flows.
shall mean 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 or prevents lawful
sludge use or disposal.
shall mean a food facility that is only engaged 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 food facility does not include any
operation that changes the form, flavor, or consistency of food.
shall mean that receipt which is retained by the generator
of wastes for disposing of recyclable wastes or liquid wastes as required
by the City.
shall mean any structure planned or under construction for
which a sewer connection permit has not been issued.
shall mean the National Pollutant Discharge Elimination System
and 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.
shall mean any individual, partnership, firm, association,
corporation, or public agency, including the State of California and
the United States of America.
shall mean those agencies having regulatory jurisdiction
over the operations of the City, including, but not limited to: United
States Environmental Protection Agency (EPA), California State Water
Resources Control Board (SWRCB), California Regional Water Quality
Control Board, Los Angeles Region (RWQCB), South Coast Air Quality
Management District (SCAQMD), and California Department of Health
Services (DOHS).
shall mean a physical change exceeding a cost of $50,000
to a food facility that requires a building permit, and that involves
any one or a combination of the following: (1) underslab 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.
shall mean structure(s) provided at the user's expense for
the City or user to measure and record wastewater constituent mass,
and/or concentrations, collect a representative sample or provide
access to plug or terminate the discharge.
shall mean a location approved by the City, from which wastewater
can be collected that is representative in content and consistency
of the entire flow of wastewater being sampled.
shall mean any and all facilities used for collecting, conveying,
pumping, treating, and disposing of wastewater and sludge. This definition
includes, but is not limited to: any property belonging to the City
used in the treatment, reclamation, reuse, transportation, or disposal
of wastewater or sludge.
shall mean 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.
shall mean any overflow spill, release, discharge, or diversion
of wastewater from a sanitary sewer system.
shall mean any solid, semisolid, or liquid decant, subnate,
or supernate from a manufacturing process, utility service, or pretreatment
food facility.
shall mean sewage and any and all other waste substances,
whether 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.
shall mean any individual or business licensed by the California
Department of Food and Agriculture to transport, render, and/or process
used cooking oil and grease.
shall mean 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.
(10-07; 12-04)
No food facility shall discharge or cause to be discharged into
the sewer system, FOG that accumulates and/or causes or contributes
to blockages in the sewer system or at the sewer lateral, which connects
the food facility to the sewer system.
(10-07)
The Director of Community and Human Services or his/her designee
is responsible for enforcement of this chapter and for all determinations
of compliance with it.
(10-07; 12-04)
The following prohibitions shall apply to all food facilities
that generate FOG:
A.
The
use of food grinders in the plumbing system of an existing food facility
that is expected to result in the conveyance of excessive quantities
of FOG to the sewer system is prohibited. Furthermore, food grinders
shall be removed from existing food facilities within six months of
written notification by the City.
B.
Installation
of food grinders in the plumbing system of new construction of food
facilities shall be prohibited.
C.
Introduction
of any additives into any food facility's wastewater system for the
purpose of emulsifying FOG is prohibited.
D.
Disposal
of waste cooking oil into drainage pipes is prohibited. All waste
cooking oils shall be collected and stored properly in receptacles
such as barrels or drums for recycling or other acceptable methods
of disposal. A method of secondary containment shall be required to
prevent a spill that leads to contamination of the sewer system or
storm drain system. Grease barrels shall not be placed within the
public right-of-way or in permanent facilities designed to house garbage
bins. All grease barrels and drums shall be labeled as such with the
food facility's name and phone number.
E.
Discharge
of wastewater from dishwashers to any FOG device, including but not
limited to grease traps or grease interceptors, is prohibited.
F.
Discharge
of wastewater with temperatures in excess of 140°F to any grease
control device, including but not limited to grease traps and grease
interceptors, is prohibited.
G.
The
use of biological additives for grease remediation or as a supplement
to interceptor maintenance is prohibited, unless prior written approval
from the Director of Community and Human Services is obtained.
H.
Discharge
of waste from toilets, urinals, washbasins, and other fixtures possibly
containing fecal material to sewer lines intended for grease interceptor
service, or vice versa, is prohibited.
I.
Discharge
into the sewer system of any waste which has FOG and/or solid materials
that have been removed from a grease control device is prohibited.
Grease removed from grease control devices shall be waste-hauled periodically
as part of the operation and maintenance requirements for grease interceptors
and traps. Licensed waste haulers or an approved recycling facility
must be used to dispose of FOG, including waste cooking oil.
(10-07; 12-04)
A.
All
food facilities that are required to install a grease control device
will be periodically monitored by the City to ensure the objectives
of this chapter are being met. The cost for monitoring activities
shall be borne by the food facility. A FOG wastewater discharge fee
will be assessed annually, as set by resolution of the City Council,
to offset the cost of monitoring and inspection.
B.
The
annual fee for periodic monitoring shall take effect 12 months after
approval and adoption of this chapter.
(10-07)
With the exception of limited preparation food facilities, all
new food facilities are required to install, operate, and maintain
an approved type of, and adequately sized, grease control device necessary
to maintain compliance with the objectives of this chapter. Approval
will be granted by the Building Official.
(10-07)
Any existing or new industrial or commercial facility, except
food facilities, that discharges FOG materials that have the potential
to cause blockages to the sewer system shall be required, at the discretion
of the Director of Community and Human Services, to obtain an industrial
waste discharge permit from the Sanitation District of Los Angeles
County, but such industrial or commercial facility shall not be required
to pay an annual FOG wastewater discharge fee.
(10-07; 12-04)
This chapter shall not be interpreted to allow new construction,
remodeling, or a change in operations without an approved grease interceptor
unless the Building Official has determined that it is unnecessary,
impossible, or impracticable to install or operate a grease interceptor
for the subject food facility under the provisions of this chapter.
(10-07)
The City has an ongoing preventative maintenance program that
outlines the frequency with which specified lines of the sewer system
are cleaned. If the City must provide additional cleaning of the sewer
system to prevent blockages caused by FOG, the City's costs for such
abatement will be entirely borne by the operator of the food facility,
and said cost shall constitute a debt to the City and become due and
payable upon the City's request for reimbursement of such costs. Food
facilities will be billed beginning 24 months after adoption of this
chapter.
(10-07)
Food facilities found to have contributed to a sewer blockage, sewer system overflow, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a grease interceptor, and may be subject to a plan 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 as defined in Section 8.16.020. Furthermore, sewer lateral failures and SSOs caused by food facilities alone or collectively are the responsibility of the food facility and individual(s) as responsible officer(s) or owner(s) of the food facility. If the City must act to contain and/or clean up an SSO caused by blockage of a private or public sewer lateral or system, or at the request of the operator of the food facility, or because of the failure of the food facility to abate the condition causing a threat to the health, safety, welfare, or property of the public, or because of an unauthorized discharge of FOG, the City's costs for such abatement will be entirely borne by the operator of the food facility and individuals as responsible officer(s) or owner(s) of the food facility, and said cost shall constitute a debt to the City and become due and payable upon the City's request for reimbursement of such costs. Food facilities will be billed beginning 24 months after adoption of this chapter.
(10-07)
A.
One
year after the adoption of this chapter, all food facilities that
cannot demonstrate adequate control of FOG as determined by the City
will be required to install a grease interceptor.
B.
Grease
interceptors shall conform to the current edition of the California
Plumbing Code and all relevant City ordinances and policies. grease
interceptors shall be constructed in accordance with the design approved
by the Building Official and shall have a minimum of two compartments
with fittings designed for grease retention and a sampling box.
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.
Access
manholes, with a minimum diameter of 24 inches, shall be provided
over each grease interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and
maintained to prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspection, grease
removal, and wastewater sampling activities.
(10-07)
Grease interceptors shall be maintained in efficient operating
condition by periodic removal of the full content of the interceptor
which includes wastewater accumulated FOG, floating materials, sludge,
and solids. All existing and newly installed grease interceptors shall
be maintained in a manner consistent with this section. No FOG that
has accumulated in a grease interceptor shall be allowed to pass into
any sewer lateral, sewer system, storm drain, or public right-of-way
during maintenance activities. All food facilities with grease interceptors
may be required to submit data and information necessary to establish
the maintenance frequency of the grease interceptors. The maintenance
frequency for all food facilities with a grease interceptor shall
be determined in one of the following methods:
A.
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 liquid depth of the grease interceptor. This is to
ensure that the minimum hydraulic retention time and required available
volume is maintained to effectively intercept and retain FOG discharged
to the sewer system.
B.
All food facilities with a grease interceptor shall maintain their grease interceptor not less than once every 6 months. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in subsection A of this section has not been established. The maintenance frequency may be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in subsection A or at any time to reflect changes in actual operating conditions. Based on the actual generation of FOG from a food facility, the maintenance frequency may increase or decrease.
C.
If the grease interceptor at any time contains FOG and solids accumulation that does not meet the requirements described in subsection A, the food facility 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. If deemed necessary, the Director of Community and Human Services may also increase the maintenance frequency of the grease interceptor from the current frequency.
(10-07; 12-04)
A.
A food
facility may propose the use of or may be required to install grease
traps, in lieu of or in addition to installation of a grease interceptor,
in the waste line leading from drains, sinks, and other fixtures or
equipment where grease may be introduced into the sewer system in
quantities that can cause blockages.
B.
Sizing
and installation of grease traps shall conform to the current edition
of the California Plumbing Code, or as required by the Building Official.
C.
Grease
traps shall be maintained by removing accumulated grease on a daily
basis, or as often as required to ensure efficient operating condition.
D.
Grease
traps shall be maintained free of all food residues and any FOG waste
removed during the cleaning and scraping process.
E.
Grease
traps shall be inspected periodically by the food facility to check
for leaking seams and pipes, and for effective operation of the baffles
and flow-regulating device. Grease traps and their baffles shall be
maintained free of all caked-on FOG and waste. Removable baffles shall
be removed and cleaned during the maintenance process. Food facilities
will determine a schedule to maintain this equipment adequately.
F.
Dishwashers
and food grinders shall not be connected to or discharged into any
grease trap.
G.
No food
facility shall increase the use of water or in any other manner attempt
to dilute a discharge as a partial or complete substitute for treatment
to achieve compliance with this chapter.
(10-07)
Food facilities are subject to the following compliance monitoring
requirements:
A.
Food
facilities, at the discretion of the Director of Community and Human
Services, may be required to construct and maintain in proper operating
condition flow monitoring, constituent monitoring, and/or sampling
facilities at the food facility's sole expense.
B.
The
location of the monitoring or metering facilities shall be subject
to approval by the Director of Community and Human Services.
C.
The
City may require food facilities to provide immediate, clear, safe,
and uninterrupted access to the food facility's monitoring and metering
facilities.
D.
Food
facilities may also be required by the Director of Community and Human
Services to submit waste analysis plans, contingency plans, and meet
other necessary requirements to ensure proper operation and maintenance
of the grease control device and compliance with this chapter.
E.
Food
facilities shall not increase the use of water or in any other manner
attempt to dilute a discharge as a partial or complete substitute
for treatment to achieve compliance with this chapter.
F.
The
Director of Community and Human Services may require periodic reporting
of the status of implementation of BMPs implemented at food facilities.
G.
The
Director of Community and Human Services may require visual monitoring
at the sole expense of a food facility which generates FOG to observe
the actual conditions of any food facility's sewer lateral and sewer
lines downstream.
H.
The
Director of Community and Human Services may require reports for self-monitoring
of wastewater constituents and FOG characteristics of food facilities
needed for determining compliance with this chapter. Failure by food
facilities to perform any required monitoring, or to submit monitoring
reports required by the Director of Community and Human Services,
constitutes a violation of this chapter, and may 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. Food facilities
shall be responsible for any and all expenses of the City in undertaking
such monitoring analyses and preparation of reports.
I.
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 of Community and Human Services to ensure
compliance with this chapter.
J.
Food
facilities are required to keep all 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
four years.
K.
Food
facilities shall, upon request, make the manifests, receipts, and
invoices available to the Director of Community and Human Services
or his/her designee. These records may include:
1.
A
logbook of grease control device cleaning and maintenance practices.
2.
A
record of BMPs being implemented including employee training.
3.
Copies
of records and manifests of waste-hauling interceptor contents and/or
waste cooking oil disposal.
4.
Records
of sampling data and sludge height monitoring for FOG and solids accumulation
in the grease interceptor.
5.
Any
other information deemed appropriate by the Director of Community
and Human Services to ensure compliance with this chapter.
L.
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.
(10-07; 12-04)
All food facilities shall implement BMPs, in accordance with
the requirements and guidelines established by the City, in its operation
to minimize the discharge of FOG to the sewer system, which shall,
at a minimum, include the following:
A.
Installation
of Drain Screens. Drain screens shall be installed on all drainage
pipes in food preparation and kitchen areas.
B.
Segregation
and Collection of Waste Cooking Oil. All employees must dispose of
waste cooking oil in barrels designated for storage of such oil.
C.
Disposal
of Food Waste. All food waste shall be disposed of directly into the
trash or garbage, and not in sinks or toilets.
D.
Food
Grinders. Employees shall not pour, dispose, or place any food product,
prepared or unprepared, containing FOG materials into a sink or other
device equipped with a food grinder.
E.
Employee
Training. Food facilities shall train all employees within 180 days
of the effective date of this chapter, and twice each calendar year
thereafter, on the following subjects:
1.
How
to "dry wipe" pots, pans, dishware, and work areas before washing
to remove grease.
2.
How
to dispose properly of food waste and solids prior to disposal in
trash bins or containers to prevent leaking and odors.
3.
The
location and use of absorption products to clean under fryer baskets
and other locations where grease may be spilled or dripped.
4.
How
to dispose properly of grease or oils from cooking equipment into
a grease receptacle such as a barrel or drum without spilling.
F.
Employee
Training Verification. Employee training shall be documented and employee
signatures retained indicating each employee's attendance and understanding
of the practices reviewed. Training records shall be available for
review at any reasonable time by the Director of Community and Human
Services or his/her designee.
G.
Maintenance
of Kitchen Exhaust Filters. Filters shall be cleaned as frequently
as necessary to be maintained in good operating condition. The wastewater
generated from cleaning the exhaust filter shall be disposed of properly.
H.
Kitchen
Signage. Best management and waste minimization practices shall be
posted conspicuously in the food preparation and dishwashing areas
at all times.
(10-07; 12-04)
The Director of Community and Human Services may inspect or
order the inspection and/or sample of the wastewater discharges of
any food facility subject to this chapter to ascertain whether the
intent of this chapter is being met and the food facility is complying
with all requirements.
A.
Inspection
of Premises. Food facilities shall allow the Director of Community
and Human Services or his or her designee access to the premises,
during normal business hours, for purposes of inspecting the food
facility'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.
Metering
and Sampling Devices. The Director of Community and Human Services
shall have the right to place or order the placement on the food facility's
property or other locations as determined by the Director of Community
and Human Services such devices as are necessary to conduct sampling
or metering operations. Where any food facility has security measures
in force, the food facility 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.
Sampling
and Inspection Frequency. Sampling and inspection of any food facility
that generates FOG shall be conducted in the time, place, manner,
and frequency determined at the sole discretion of the Director of
Community and Human Services or his/her designee. Any sample taken
from a sample point is considered to be representative of the discharge
to the public sewer.
D.
Right
of Entry. No person shall interfere with, delay, resist or refuse
entrance to City representatives attempting to inspect any facility
involved directly or indirectly with a discharge of wastewater to
the City's sewer system.
(10-07; 12-04)
In the event a food facility is unable to comply with any condition
or provision of this chapter due to a breakdown of equipment, accidents,
or human error or the food facility has reasonable opportunity to
know that the discharge will violate the provisions of this chapter,
the discharger shall immediately notify the Director of Community
and Human Services by telephone. If the material discharged to the
sewer has the potential to cause or result in sewer blockages or SSOs,
the discharger shall immediately notify the local Health Department
or County, and the City.
A.
Agency
Notification. Confirmation of this notification shall be made in writing
to the Director of Community and Human Services 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 immediately to correct the problem,
and what steps are being taken to prevent the problem from recurring.
B.
Non-Relief
from Expense, Loss, Damage, or Liability. Such notification shall
not relieve the food facility 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 food facility of any fees or other liability
which may be imposed by this chapter or other applicable law.
(10-07; 12-04)
Any person who discharges waste which causes or contributes
to the City violating its discharge requirements established by any
regulatory agency with jurisdiction over the City shall be liable
for any costs or expenses incurred by the City, including regulatory
fines, penalties, and assessments made by such agencies or a court.
(10-07)
Any person who violates any provision of this chapter is guilty of an infraction, which upon conviction is punishable by a fine. 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 administrative fines in accordance with Chapter 1.14.
(10-07)
