HomeMy WebLinkAboutCity Council - 2004-89 RES OLUTION NO. 2 0 0 4-8 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH SETTING THE FATS, OIL AND
GREASE (FOG)CONTROL PROGRAM FEE
WHEREAS, in 2002 the Santa Ana Regional Water Quality Control Board issued Order No.
2002-0014 ("Order No. 2002-0014") requiring the City of Huntington Beach to increase the level of
maintenance, operations and capital repair to the sewer systems,to maintain stricter controls on
materials placed into the sanitary sewer system, and to have in place a Fats,Oils and Grease
("FOG") Control Program; and
The Santa Ana Regional Water Control Board has focused on Food Service Establishments
("FSEs") as a primary source of FOG. FSEs include restaurants, food manufacturing and
processing facilities and related businesses; and
The purpose of a FOG Control Program is to prevent blockages of the sanitary sewer line
that cause sanitary sewer overflows by establishing control mechanisms that will establish
regulations and policies for the disposal of FOG by FSEs; and
Where it is the desire of the City Council to comply with Order No. 2002-0014 and adopt a
FOG Control Program that sets forth policies that FSEs operating within the City must follow to be
allowed to continue to operate,which policies are intended to eliminate as much FOG from
discharge to the City sewer system as possible; and
The City Council has reviewed a report entitled the "Fog Control Program Fee Study",
which is attached hereto as Exhibit A and incorporated herein by this reference. The Fog Control
Program Fee Study sets forth the estimated costs to the City of Huntington Beach of administering
the FOG Control Program mandated by Order No. 2002-0014;
The City Council has considered this matter and desires to recover from FSEs operating
within the City of Huntington Beach the costs of administering the FOG Control Program by
levying a FOG Control Program Fee in an amount consistent with the findings of the FOG Control
Program Fee Study
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington
Beach as follows:
l. After reviewing the FOG Control Program Fee Study, the City Council finds that the
following fees do not exceed the cost to the City of Huntington Beach to administer the FOG
Control Program mandated by Order No. 2002-0014:
04reso/tats oil grease/9/30/04
RESOLUTION NO. 2004-89
FSE Category Base Fee Additional Fee Total Daily Rate
mo. mo. mo.
FSE's with grease control device $10.53 - $10.50 $0.3452
FSE's without grease control $10.53 $18.48 $29.04 $0.9534
device
2. All Food Service Establishments operating within the City shall pay a FOG Control
Program Fee as set forth in Exhibit B attached hereto and incorporated herein by this reference.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 15TH day of NOVEM13ER , 2004.
or
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Addinistrator ,j Oty-17t—tom !�
INITI ED AND ROVED:
d
Director of Public Works
04reso/fats oil g ease/9/30/04 2
RESOLUTION NO. 2004-89
EXHIBIT A
FOG CONTROL PROGRAM FEE STUDY
September 2004
NARRATIVE
In 2002, the State Regional Water Quality Control Board issued an Order(No. 2002-0014) which
included a requirement to implement a Fats, Oils, & Grease (FOG) Control Program. As this
program is an un-funded mandate,this study has been prepared to estimate the costs to administer.
this program on a yearly basis. This cost will then be assessed to the Food Service Establishments
(FSE), which generate FOG.
The City proposes to adopt a FOG Control Ordinance,which defines the affected FSE's as follows:
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.
The industry recognizes that properly maintained grease control devices such as grease traps and
grease interceptors provide the best method of controlling the amount of FOG that reaches the
sewer system. In addition, kitchen best management practices (BMP) can add to the effectiveness
of a grease control program. However, all of these activities must be monitored and enforced by
City staff for compliance with the aforementioned ordinance and Order.
FOG CONTROL PROGRAM FEE
It is proposed to assess a fee to all FSE's, as afore-defined, in order to recover administrative costs
associated with the State mandated FOG Control Program. The City has identified approximately
300 FSE's,which will require some level of administration by City staff. It is proposed to assess a
"base" fee to all of these FSE's. In addition, we have also identified approximately 180 of those
300 FSE's that do not have a grease control device. As such, they will have to rely on kitchen
BMP's to control the amount of FOG they produce. Since kitchen BMP's are generally not as
effective as a grease control device,an elevated effort by City staff will be required to monitor those
180 FSE's. Therefore an additional fee will be assessed to those particular FSE's to cover increased
administrative and inspection costs.
04reso/fats oil grease/9/30/04
RESOLUTION NO. 2004-89
Base Fee for all FOG Generating FSE's
This fee will be assessed to all 300 FSE's that generate FOG to cover the cost of City staff to
administer the FOG Control Program, which may include but not limited to; site inspection of
grease control devices and kitchen BMP's as well as general administrative activities.
Time to manage FOG Control Program 0.5 hrs/FSE/yr. x 300 = 150 hrs.
Time to inspect FSE 1 hr/FSE/yr. x 300 = 300 hrs
Total time 450 hrs
Annual Cost 450 hrs x $84.27*/hr= $37,921.50
Annual Cost per FSE $37,921.50/300 = $126.40
Monthly Cost per FSE $252.81/12 = $10.53
*Fully Burdened Rate for Administrative Environmental Specialist
Additional Fee for FOG Generating FSE's with no FOG Control Device
This fee will be assessed on 180 current FSE's with no FOG Control Device in addition to the
"Base" fee. This will cover the cost to perform an elevated level of administration and inspection
including one additional CCTV inspection per year more than normal.
Additional administration/inspection(A/1) time 0.5 hr/FSE/yr x 180 = 90 hrs
Additional Annual Cost (A/I)90 hrs x $84.27/hr= $ 7,584.30
Additional CCTV inspection $179.68**/FSE/yr x 180= $32.342.40
$39,926.70
Additional Annual Cost per FSE $39,926.70/180= $221.81
Additional Monthly Cost per FSE $221.82/12 = $1S.48
**Fully Burdened Rate of$57.34 for two person crew plus CCTV Track @$65.00/hr. for one hour
FEE SUMMARY
FSE Category Base Fee Additional Fee Total
(Mo.) (Mo.) (Mo.)
FSE's with grease control device $10.53 - $10.53*
FSE's without grease control device $10.53 $18.48 $29.01*
* For simplification, Fees of$10.50 and$29.00 are recommended.
Any additional services provided by the City, not listed above, such as spill response or additional
sewer main line cleaning due to accumulation of FOG will be billed directly to the responsible party
on a time and material basis as provided for in the Ordinance.
04resodats oil grease/9M/04
RESOLUTION NO. 2004-89
EXHIBIT B
FSE Category Base Fee Additional Fee Total Daily Rate
mo. mo.} (Mo.)
FSE's with grease control device $10.53 - $10.50 $0.3452
FSE's without grease control $10.53 $18.48 $29.00 $0.9534
device
04reso/fats oil grease/9/30/04
Res. No. 2004-89
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 resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on the 15th day of
November, 2004 by the following vote:
AYES: Sullivan, Coerper, Hardy, Green, Boardman, Cook, Winchell
NOES: None
ABSENT: None
ABSTAIN: None
Cit Jerk and ex-officio &erk of the
City Council of the City of
Huntington Beach, California