HomeMy WebLinkAboutOrdinance #3688 ORDINANCE NO. 3688
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 14.56
ENTITLED CONTROL AND REGULATION OF FATS, OILS AND GREASE
DISCHARGED INTO THE SEWER SYSTEM
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Chapter 14.56 is hereby added to the Huntington Beach Municipal Code,
said Chapter to read as follows:
Chapter 14.56
CONTROL AND REGULATION OF FATS, OILS AND GREASE
Sections:
14.56.010 Definitions
14.56.020 FOG discharge requirement
14.56.030 Enforcement of Chapter
14.56.040 Prohibitions
14.56.050 FOG wastewater discharge
14.56.060 FOG fee
14.56.070 FOG pretreatment required
14.56.080 Single parcels
14.56.090 New construction
14.56.100 Sewer system overflows and cleanup costs
14.56,110 Nuisance declared
14.56.120 Grease interceptor requirements
14,56.130 Grease interceptor maintenance requirements
14.56.140 Monitoring facilities requirements
14.56.150 Best management practices required
14.56.160 Requirements for Best Management Practices
14.56.170 Monitoring and reporting conditions
14.56.180 Inspection and sampling conditions
14.56.190 Right of entry
14.56.200 Notification of spill
14.56.210 Penalty imposed on City by regulatory agencies
14.56.010 Definitions. Unless otherwise defined herein, terms related to water quality shall be
as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater,
published by the American Public Health Association, the American Water Works Association
and the Water Environment Federation.
Other terms not herein defined are defined as being the same as set forth in the latest adopted
applicable editions of the California State Codes applicable to building construction as adopted
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by the Huntington Beach Municipal Code or Huntington Beach Zoning and Subdivision
Ordinance.
Subject to the foregoing provisions,the following definitions shall apply in this Chapter:
(a) Best_M_anagement Practices shall mean schedules of activities, prohibitions of practices,
maintenance procedures and other management practices to prevent or reduce the
introduction of FOG to the sewer facilities.
(b) Discharger 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.
(c) Establishment shall mean commercial or industrial establishments, including but not
limited to retail food service establishments, that may discharge fats, oil and grease.
(d) FOG shall mean fats, oils and grease. 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
condition is included in this definition..
(e) Food Service Establishment shall mean facilities defined in California Health & Safety
Code Section 113285 or which has any process or device that uses or produces FOG, or
grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I
hood, as defined in Health & Safety Code Section 113285. A limited food preparation
establishment is not considered a Food Service Establishment or are establishments that
generate FOG when engaged only in reheating, hot holding or assembly of ready to eat
food products and as a result, there is no wastewater discharge containing a significant
amount of FOG. A limited food preparation establishment does not include any operation
that changes the form, flavor, or consistency of food.
(f) Food Grinder shall mean any device installed in the plumbing or sewage system for the
purpose of grinding food waste or food preparation by products for the purpose of
disposing it in the sewer system. Also means a garbage disposal.
(g) Grease Control Device 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 or collect or treat FOG prior to it being
discharged into the sewer system.
(h) Grease Interceptor shall mean a multi-compartment 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 establishment, including food
service establishments that generate FOG, and the connection to the sewer system.
(i) Grease Trap shall mean a grease interceptor that is designed to retain grease from one to a
maximum of four fixtures. Grease traps serve individual fixtures.
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(j) Infiltration 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.
(k) Inflow 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.
(1) Manifest shall mean that receipt which is retained by the generator of wastes for
disposing recyclable wastes or liquid wastes as required by the City.
(m) New Construction shall mean any structure planned or under construction for which a
sewer connection permit has not been issued.
(n) Person shall mean any individual, partnership, firm, association, corporation or public
agency, including the State of California and the United States of America.
(o) Sample Point 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.
(p) &a npling Facilities shall mean structure(s) provided at the user's expense for the City or
user to measure and record wastewater constituent mass, concentrations, collect a
representative sample, or provide access to plug or terminate the discharge.
(q) Sewer or Sewer S sY tem 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.
(r) Sewer Lateral 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.
(s) Sludge shall mean any solid, semisolid or liquid decant, subnate or supernate from a
manufacturing process, utility service; or pretreatment facility.
(t) Waste shall mean sewage and any and all other waste substances, liquid, solid, gaseous or
radioactive, associated with human habitation or of human or animal nature, including
such wastes placed within containers of whatever nature prior to and for the purpose of
disposal.
(u) Wastewater 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.
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14.56.020 FOG discharge requirement. No establishment 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 system lateral, which connects the Establishment
to the sewer system.
14.56.0')0 Enforcement of Chapter. The Director of Public Works of the City (the "Director") or
his/her designee is responsible for enforcement of this Chapter and for all determinations of
compliance with it.
14.56.040 Prohibitions. The following prohibitions shall apply to food service establishments
that generate FOG:
(a) Installation of food grinders in the plumbing system of new construction of any food
service establishments that generate FOG, is prohibited. Furthermore, all food grinders
must be removed from existing food service establishments that generate FOG, as
determined by the Director, within 90 days of written notice to remove.
(b) Introduction of any additives into any establishment's wastewater system for the purpose
of emulsifying FOG is prohibited.
(c) 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.
(d) Discharge of wastewater from dishwashers to any grease trap or grease interceptor is
prohibited.
(e) Discharge of wastewater with temperatures in excess of 140°F to any grease control
device, including grease traps and grease interceptors, is prohibited.
(f) The use of biological additives for grease remediation or as a supplement to interceptor
maintenance is prohibited, unless written approval for the Director is obtained.
(g) Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal
materials to sewer lines intended for grease interceptor service, or vice versa, is
prohibited.
(h) Discharge into the sewer system of any waste which has FOG as well as solid materials
removed from the grease control device is prohibited. Grease removed from grease
interceptors shall be wastehauled periodically as part of the operation and maintenance
requirements for grease interceptors. Licensed wasthaulers or an approved recycling
facility must be used to dispose of FOG, including waste cooking oil.
14.56.050 FOG wastewater discharge. No person shall discharge, or cause to be discharged, any
wastewater from any establishment, directly or indirectly into the sewer system without
complying with this Chapter.
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14.56.060 FOG fee. All food service establishments must pay a monthly fee as set by resolution
of the City Council to offset the costs of enforcing this Chapter.
14.56.070 FOG pretreatment required. All new food service establishments are required to
install, operate and maintain an approved type and adequately sized grease interceptor necessary
to maintain compliance with the objectives of this Chapter. Existing food service establishments
with no grease interceptor shall pay a FOG Control fee surcharge, which shall be established by
resolution of the City Council and shall be based on the estimated annual increase and costs of
inspecting and monitoring the sewer system, resulting from the lack of a grease interceptor or
grease-control device.
The grease interceptor shall be adequate to separate and remove FOG contained in wastewater
discharges from any establishment prior to discharge to the sewer system consistent with the
grease interceptor requirements of this chapter.
14.56.080 Single parcels. Property owners of commercial properties or their official designee(s)
shall be responsible for the installation and maintenance of the grease interceptor serving
multiple establishments that are located on a single parcel or for paying the FOG fee surcharge if
there is no grease interceptor.
14.56.090 New construction. This Section shall not be interpreted to allow new construction,
remodeling or change in operations without an approved grease interceptor unless the Director
has determined in writing that it is impossible or impracticable to install or operate a grease
control interceptor for the subject facility under the provisions of this Chapter.
14.56.100 Sewer system overflows and cleanup costs. Establishments found to have contributed
to a sewer blockage, sewer system overflow ("SSO"), 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. 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 property owner or operator
of the Establishment, or because of the failure of the property owner or Establishment 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 property owner or operator of the Establishment, and said cost will constitute a debt to the
City and become due and payable upon the City's request for reimbursement of such costs.
14.56.110 Nuisance declared. Sewer system overflows may cause threat and injury to public
health, safety, and welfare of life and property and are hereby declared public nuisances.
14.56.120 Grease interceptor requirements. All grease interceptors must comply with ail
relevant City ordinances, and the current edition of the California Plumbing Code, if applicable.
(a) Grease interceptor sizing and installation shall conform to the current edition of the
California Plumbing Code. Grease interceptors shall be constructed in accordance with
the design approved by the City's Director of Building and Safety and shall have a
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Ordinance No. 3688
minimum of two compartments with fittings designed for grease retention and a sampling
box.
(b) 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.
(c) 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.
14.56,130 Grease interceptor maintenance requirements.
(a) 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.
(b) All existing and newly installed grease interceptors shall be maintained in a manner
consistent with a maintenance frequency approved by the Director pursuant to this
section.
(c) 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.
(d) All establishments with grease interceptors may be required to submit data and
information necessary to establish the maintenance frequency of the grease interceptors
and shall be determined in one of the following methods:
(1) 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.
(2) All establishments 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 paragraph (1) of this
section has not been established. The maintenance frequency shall be adjusted
when sufficient data have been obtained to establish an average frequency based
on the requirements described in paragraph (1). The City may change the
maintenance frequency at any time to reflect changes in actual operating
conditions. Based on the actual generation of FOG from an establishment,
including food service establishments that generate FOG, the maintenance
frequency may increase or decrease.
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(3) If the grease interceptor, at any time, contains FOG and solids accumulation that
does not meet the requirements described in (1), any establishment, including
food service establishments generating FOG, 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 may also increase the maintenance frequency of the grease
interceptor from the current frequency. -
14.56.140 Monitoring facilities requirements.
(a) The City may require establishments to construct and maintain in proper operating
condition at the establishment's sole expense, flow monitoring, constituent monitoring
and/or sampling facilities.
(b) The location of the monitoring or metering facilities shall be subject to approval by the
Director.
(c) Establishments may also be required by the Director to submit waste analysis plans,
contingency plans, and meet other necessary requirements to ensure proper operation and
maintenance of the grease control device or grease interceptor and compliance with this
Chapter.
(d) Establishments 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.
14.56:150 Best_ management practices required. All establishments shall implement Best
Management Practices in its operation to minimize the discharge of FOG to the sewer system.
14.56.160 Requirements for Best Management Practices.
(a) All establishments shall implement Best Management Practices in accordance with the
requirements and guidelines established by the City in an effort to minimize the discharge
of FOG to the sewer system.
(b) All establishments shall be required, at a minimum, to comply with the following Best
Management Practices:
(1) Installation of drain screens. Drain screens shall be installed on all drainage pipes.
in food preparation and kitchen areas.
(2) Segregation and collection of waste cooking oil. All employees must comply
with all provisions of this Chapter relating to segregation, disposal and recycling
of FOG.
(3) Disposal of food waste. All food waste shall be disposed of directly into the trash
or garbage, and not in sinks or toilets.
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(4) Employee training. Employees of the food service establishment shall be trained
within 180 days of the effective date of this Chapter, and twice each calendar year
thereafter, on the following subjects:
(i) How to "dry wipe" pots, pans, dishware and work areas before washing to
remove grease.
(ii) How to properly dispose of food waste and solids prior to disposal in trash
bins or containers to prevent leaking and odors.
(111) The location and use of absorption products to clean under fryer baskets
and other locations where grease may be spilled or dripped.
(iv) How to properly dispose of grease or oils from cooking equipment into a
grease receptacle such as a barrel or drum without spilling.
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 and/or his designee.
(5) 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 properly.
(6) Kitchen si na e. Best management and waste minimization practices shall be
posted conspicuously in the food preparation and dishwashing areas at all times.
14.56.170 Monitoring and reportinz conditions.
(a) Monitoring for Compliance with Ordinance and Reporting Requirements
(1) The Director may require periodic reporting of the status of implementation of
Best Management Practices.
(2) The Director may require visual monitoring at the sole expense of the
establishment which generates FOG to observe the actual conditions of any
establishment's, including food service establishments that generate FOG, sewer
lateral and sewer lines downstream_
(3) The Director may require reports for self-monitoring of wastewater constituents
and FOG characteristics of the establishment needed for determining compliance
with this Chapter. Failure by the establishment to perform any required
monitoring, or to submit monitoring reports required by the Director constitutes a
violation of this Chapter and 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
Establishment shall be responsible for any and all expenses of the City in
undertaking such monitoring analyses and preparation of reports.
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Ordinance No. 3688
(4) Other reports may be required such as compliance schedule progress reports, FOG
control monitoring reports, and any other reports deemed reasonably appropriate
by the Director to ensure compliance with this Chapter.
(b) Record Keeping Requirements.
The Establishment shall be 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. The Establishment shall, upon
request, make the manifests, receipts and invoices available to the Director of his
designee. These records may include:
(1) A logbook of grease control device cleaning and maintenance practices.
(2) A record of Best Management Practices being implemented including employee
training.
(3) Copies of records and manifests of wastehauling 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 interceptors.
(5) Any other information deemed appropriate by the Director to ensure compliance
with this Chapter.
(c) Falsifying Information or Tampering with Process.
It shall be unlawful to make any false statement, representation, record, report, plan or
other document that is filed with the City, or to tamper with or knowingly render
inoperable any grease control device, monitoring device or method or access point
required under this Chapter.
14.56.180 Inspection and sampling conditions.
(a) The Director may inspect or order the inspection and sample the wastewater discharges
of any establishment subject to this Chapter to ascertain whether the intent of this Chapter
is being met and the establishment is complying with all requirements. The establishment
shall allow the City access to the premises, during normal business hours, for purposes of
inspecting the establishment'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 establishment's
property or other locations as determined by the Director, such devices as are necessary
to conduct sampling or metering operations. Where any establishment has security
measures in force, the establishment shall make necessary arrangements so that
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representatives of the City shall be permitted to enter without delay for the purpose of
performing their specific responsibilities.
(c) Persons or occupants of premises where wastewater is created or discharged shall allow
the Director, or City representatives, reasonable access to all parts of the wastewater
generating and disposal facilities for the purposes of inspection and sampling during all
times the discharger's facility is open, operating, or any other reasonable time.
(d) In order for the Director to determine the wastewater characteristics of the discharger for
purposes of determining the annual use charge,the establishment shall make available for
inspection and copying by the City all notices, monitoring reports, waste manifests, and
records including, but not limited to, those related to wastewater generation, and
wastewater disposal. All such records shall be kept for a minimum of four (4) years.
(1) Sampling and inspection of any establishments, including food service
establishments, that generate FOG shall be conducted in the time, place, manner,
and frequency determined at the sole discretion of the Director.
(2) Any sample taken from a sample point is considered to be representative of the
discharge to the public sewer.
14.56.190 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.
14.56.200 Notification of spill.
(a) In the event an establishment is unable to comply with any permit condition or provision
of this Chapter due to a breakdown of equipment, accidents, or human error or the
establishment has reasonable opportunity to know that his/her/its discharge will exceed
the discharge provisions of this Chapter, the discharger shall immediately notify the
Director 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.
(b) Confirmation of this notification shall be made in writing to the Director no later than
five (5) working days from the date of the incident. The written notification shall state
the date of the incident, the reasons for the discharge or spill, what steps were'taken to
immediately correct the problem, and what steps are being taken to prevent the problem
from recurring.
(c) Such notification shall not relieve the establishment 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 establishment
of any fees or other liability which may be imposed by this Chapter or other applicable
law.
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14.56.210 Penalty imposed on City by regulatorygencies. Any person who discharges a waste
which causes or contributes to the City violating its discharge requirements established by any
Regulatory Agency with jurisdiction over the City incurring additional expenses or suffering
losses or damage to the facilities, shall be liable for any costs or expenses incurred by the City,
including regulatory fines,penalties, and assessments made by other agencies or a court.
SECTION 2. This ordinance shall become effective 30 days after its adoption. -
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 1 s t day of November 2004.
Maj0or
ATTEST: APPROVED AS TO FORM:
r,
City Clerk City Att rney '/-
REVIEWED AND APPROVED: ITIATE AND APP D:
City Administrator Director of Public Works
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Ord.No. 3688
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I,JOAN L. FLYNN,the duly appointed, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven; that the foregoing ordinance was read to said City Council at a regular
meeting thereof held on the 18th day of October, 2004, and was again read to said City
Council at a regular meeting thereof held on the 1st day of November, 2004, and was
passed and adopted by the affirmative vote of at least a majority of all the members of
said City Council.
AYES: Sullivan, Coerper, Green,Boardman, Cook, Winchell
NOES: None
ABSENT: Hardy,
ABSTAIN: None
I,loan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on November 11,2004.
In accordance with the City Charter of said City
Joan L.Flynn,Qi1y Clerk CJJ Clerk and ex-officio erk
Deputy city Clerk of the City Council of the City
of Huntington Beach, California