HomeMy WebLinkAboutOrdinance #3979 ORDINANCE NO. 3979
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 14.56 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE CONTROL AND REGULATION OF
FATS, OILS AND GREASE
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. Section 14.56.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
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 Management 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, oils 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 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 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,
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
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Ordinance No. 3979
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 gravity grease interceptor, hydromechanical
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) Gravity grease interceptor (GGI) or grease trap shall mean a water-tight receptacle
receiving and retaining waste containing fats, oils, and grease from food service
establishments, and in all cases shall be located outside a place of business or any
structure. Minimum size shall be 750 gallons. Additional sizing criteria are set forth by
the current adopted plumbing code.
(i) Hydromechanical grease interceptor (HGI) or grease trap shall mean a water-tight
receptacle receiving and retaining waste containing fats, oils and grease from food
service establishments. The HGI is generally located inside a business or structure.
Sizing criteria are set forth by the current adopted plumbing code.
(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) New Food Service Establishment shall mean any new or existing Food Service
Establishment that has undergone change in ownership or change in operation which
would involve animal products in the cooking or food preparation process or as a
byproduct of the cooking and preparation of food.
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(o) Person shall mean any individual, partnership, firm, association, corporation or public
agency, including the State of California and the United States of America.
(p) Private Sewer Lateral shall mean that part of the sewer lateral that is solely owned and
required to be maintained by the property owner.
(q) Remodeling shall mean a physical change or operational change causing the generation
of the amount of FOG that exceeds the current amount of FOG discharge to the sewer
system by the food service establishment in an amount that alone or collectively causes or
creates a potential for sewer system overflows to occur; or exceeding a cost of fifty
thousand dollars ($50,000) to food service establishments that requires a building permit,
and involves any one or combination of the following:
l. Under slab plumbing in the food processing area;
2. A thirty (30) percent increase in the net public seating area;
3. A thirty (30)percent increase in the size of the kitchen area;
4. Any change in the size or type of food preparation equipment.
(r) 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.
(s) Sampling 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.
(t) Sewer or Sewer System 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.
(u) 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.
(v) Sludge shall mean any solid, semisolid or liquid decant, subnate or supernate from a
manufacturing process, utility service, or pretreatment facility.
(w) 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.
(x) 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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Ordinance No. 3979
SECTION 2. Section 14.56.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.030 Enforcement of Chapter. The City's Director of Public Works and the Director of
Planning and Building or his/her designee is responsible for enforcement of this Chapter and for
all determinations of compliance with it.
SECTION 3. Section 14.56.040 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 wastehaulers or an approved recycling
facility shall be used to dispose of FOG, including waste cooking oil.
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Ordinance No. 3979
SECTION 4. Section 14.56.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.060 FOG fee. All food service establishments shall pay a monthly fee as set by resolution
of the City Council to offset the costs of enforcing this Chapter.
SECTION 5. Section 14.56.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 control device
necessary to maintain compliance with the objectives of this Chapter. Existing food service
establishments with no grease control device 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 control device 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.
SECTION 6. Section 14.56.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.090 New construction. This Section shall not be interpreted to allow.new construction,
remodeling or change in operations without an approved gravity grease interceptor unless it is
determined by the Building and Safety Division of the Planning and Building Department that it
is impossible or impracticable to install or operate a gravity grease control interceptor for the
subject facility under the provisions of this Chapter. In instances whereby a gravity grease
interceptor is impossible or impractical to install or operate, a properly sized hydromechanical
grease interceptor can be installed in lieu of a gravity grease interceptor.
SECTION 7. Section 14.56.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
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Ordinance No. 3979
cost will constitute a debt to the City and become due and payable upon the City's request for
reimbursement of such costs. Food facilities that experience two (2) or more SSOs within a one
(1) year period or three (3) within a five (5) year period may be required at the behest of the
Director of Public Works to install a FOG pretreatment unit if the food establishment does not
have one or upgrade to a larger unit to prevent future SSOs.
SECTION 8. Section 14.56.120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.120 Grease interceptor requirements. All grease interceptors must comply with all
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 Planning and Building and shall have a
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.
SECTION 9. Section 14.56.130 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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.
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Ordinance No. 3979
(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 3 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.
(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.
(4) Food service establishments that operate on a seasonal basis can apply for a
variance in writing to the Director of Public Works from the minimum grease
interceptor service requirements provided that records for the past year indicate
FOG accumulation levels of less than 25% of the total hydraulic volume of the
grease interceptor.
SECTION 10. Section 14.56.160 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.160 Reguirements 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:
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Ordinance No. 3979
(1) Installation of drain screens. Drain screens shall be installed on all sanitary sewer
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.
(4) Employee training_ Employees of the food service establishment shall be trained
once every 6 months, and all new-hires must be trained within 2 weeks of
employment, 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.
(iii) 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 of properly.
(6) Kitchen signage. Best management and waste minimization practices shall be
posted conspicuously in the food preparation and dishwashing areas at all times.
SECTION 11. Section 14.56.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.170 Monitoring and reporting conditions.
(a) Monitoring for Compliance with Ordinance and Reporting Requirements
(1) The Director of Public Works may require of the Establishment periodic reporting
of the status of implementation of Best Management Practices.
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Ordinance No. 3979
(2) The Director of Public Works may require visual monitoring at the sole expense
of the Establishment which generates FOG to observe the actual conditions of any
establishments, including food service establishments that generate FOG, sewer
lateral and sewer lines downstream.
(3) The Director of Public Works may require written reports from a certified
laboratory 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.
(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
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Ordinance No. 3979
inoperable any grease control device, monitoring device or method or access point
required under this Chapter.
SECTION 12. Section 14.56.180 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.56.180 Inspection and sampling conditions.
(a) The Director of Public Works 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 of Public Works 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
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 of Public Works, 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 of Public Works 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.
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Ordinance No. 3979
SECTION 13. Section 14.56.200 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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
Utilities Division of Public Works Department. 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 of Public Works
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.
SECTION 14. Section 14.56.205 of the Huntington Beach Municipal Code is hereby
added to read as follows:
14.56.205 Private Sewer Lateral Maintenance Requirement. All private sewer laterals must
be periodically cleaned at a minimum frequency that prevents SSOs from occurring or blockages
of more than 25%of the flow capacity of the private sewer lateral.
SECTION 15. This ordinance shall become effective 30 days after its adoption.
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Ordinance No.3979
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 3 r d day of June , 2013.
1?AMw.MtIAIp
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ATTEST: APPR D AS TO FORM:
City Clerk Cit Attorn y 0\( 12- 1(3
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REVIE A D APPROVED: 1NITIATE2AND APPROVED:
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Ord. No. 3979
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN, the duly elected, 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 May 20, 2013, and was again read to said City Council at a
Regular meeting thereof held on June 3, 2013, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Sullivan, Hardy, Harper, Carchio, Shaw Katapodis,
NOES: None
ABSENT: Boardman
ABSTAIN: None
1,Joan 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 June 13,2013.
In accordance with the City Charter of said City
Joan L. Flynn, Ci Clerk Ci Clerk and ex-officio rk
UAA'A' G'&. Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California