HomeMy WebLinkAboutOrdinance 3688 - Control and Regulate Fats, Oils and Grease (I I I li�,0-,) -7,
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Council/Agency Meeting Held: /0 0
Deferred/Continued to: rce—
� Approved ❑ Conditionally Approved ❑ Denied Wu.7'l' ity Cle 's Sig a re
Council Meeting Date: 10/18/2004 Depart ID Number: 04-085
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION Zr:
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SUBMITTED TO: HONORABLE MAYOR CITY COUNCIL S CD
SUBMITTED BY: PENELOPE CULB THTH-GF FT, CITY ADMIN TRA�ORL
PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBLIC W, ;R'KS
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SUBJECT: Adopt Ordinance to Control and Regulate Fats, Oils arid'Gr_iase into
Sewer System c- r�,
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: An ordinance is required by the Santa Ana Regional Water Quality
Control Board (SARWQCB) to control and regulate Fats, Oils, and Grease (FOG) discharged
into the sewer system.
Funding Source: No funding needed for this action- however, the ordinance authorizes a
fee for Food Service Establishments that generate FOG.
Recommended Action: Motion to:
1. Adopt Ordinance No.J6 88' 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.
Alternative Action(s): Do not adopt the ordinance and direct staff on how to proceed. The
SARWQCB requires an ordinance to be adopted by December 31, 2004. Failure to adopt a
program in compliance would violate Order No. R8-2002-0014 titled "General Waste
Discharge Requirements" and subject the City to sanctions by the Board.
D '
REQUEST FOR ACTION
MEETING DATE: 10/18/2004 DEPARTMENT ID NUMBER: 04-085
Analysis: On April 21, 2004, the draft FOG Control Ordinance was presented to the Public
Works Commission (PWC) as an information item. The City Council received a presentation
of the draft Fog Control Ordinance at the May 17, 2004 Study Session. The draft ordinance
was based on a sample prepared by the Orange County Sanitation District (OCSD) that
included a FOG Program Manager as well as a complex discharge permit system. Since the
previous presentations, Public Works and City Attorney's staffs have worked to simplify the
process and reduce administrative costs while maintaining the integrity of the program. The
original intent of the ordinance, to regulate the discharge of fats, oils and grease into the
sewer system remains the same as the revised version. The revised ordinance and
proposed fee structure will have been presented to the PWC on October 6, 2004.
This ordinance is necessary to implement and enforce an effective FOG Control Program as
required by the SARWQCB. In conjunction with the ordinance, FOG Control Fees are being
proposed to fund the cost of the program. Costs include inspection and oversight, program
administration and required record keeping. These new fees, as proposed, will be assessed
on food service establishments (FSE), which generate a significant amount of FOG. A
monthly fee of $10.50 is proposed for those FSEs with a grease control device such as a
grease interceptor. Those with no such device would be charged a monthly fee of $29.00 to
cover the cost for increased cleaning and inspection, including City video camera inspection.
A study has been prepared to substantiate these fees, which are proposed to be adopted by
resolution and will be submitted for Council approval at the November 1, 2004 meeting.
Public Works staff has performed outreach communication with the Huntington Beach
Chamber, Huntington Beach Restaurant Association and individually mailed notices to all
affected food service establishments.
Public Works Commission Action: This item will have been presented to the Public Works
Commission at a special meeting held on October 6, 2004. Due to schedule conflicts and
required lead times on agenda items, staff will report on the Commission's action at the
October 18, 2004 City Council meeting.
Environmental Status: Not applicable
Attachment(s):
City Clerk's
Page NumberNo. Description
1. Ordinance No. 3I'Iff,
2. PowerPoint Presentation
GAR C A\2004\04-085 Oct 4 Brousssard (FOG Ordinance).doc-2- 10/5/2004 2:52 PM
ATTACHMENT # 1
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 samplirig.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
04ord/FOG scs changes/10/18/04 r1
Ordinan No. 3688
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, 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.
(f1 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.
04ord/FOG scs changes/10/18/04 —2—
Ordina a No. 3688
(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) 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:
(q) 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.
(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.
04ord/FOG scs changes/10/18/04
ordinance No. 3688
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.
14.56.030 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.
04ord/FOG scs chano.es/10/18/04 —4—
Ordin-nce No. 3688
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,w hie h.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 bome
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 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 Building and Safety and shall have a
04ord/FOG scs Chan.oes/10/18/04 —5—
Ord_ nce 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.
oaorafFoc scs cnan-2es/10118iO4 —6—
Ordi ice No. . 3688
(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.
1_4.56.150 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.
04ord/FOG scs changes/10/18/04 —7—
Or( :ance No. 3688
(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.
(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 properly.
(6) Kitchen sianage. 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 reporting 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.
04ord/FOG scs chan2es/10/18/04 —8—
Ordi ice 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
04ord/FOG scs changes/10/18/04 —9—
Ordi -ice No. 3688
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.
04ord/FOG scs changes/10/18/04 1 ,
Ordini a No. 3688
14.56.210 Penalty imposed on City by regulatoryagencies. 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 1st day of November 2004.
Ma r
ATTEST: APPROVED AS TO FORM:
r,
City Clerk I City Att rney -
SG�
REVIEWED AND APPROVED: ITIATE AND APP D:
/ City Administrator Director of Public Works
04orffOG scs changes/9/27/04
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,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 November 11,2004.
In accordance with the City Charter of said City
Joan L. Flynn, City Clerk C Clerk and ex-officio Olerk
Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
FOG Control Ordinance
FOG Ordinance & Fee
Fats, Oils and Grease Control
Ordinance and Program Fee for
Food Service Establishments
r
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T
Background
44
General Waste Discharge Requirements 11;
were established by the RWQCB in 2002 to
prevent Sanitary Sewer Overflows (SSO).
• Monitoring and Reporting (ongoing)
• SSO Emergency Response Plan (complete)
• Preventative Maintenance Program (complete)
• Grease Control Program (December 31, 2004)
• Capacity Evaluation Plan (July 30, 2005)
• Sewer System Management Plan (September 30, 2005)
z
October 18, 2004
FOG Control Ordinance
FOG Control Ordinance
V Establishes process to regulate the
discharge of fats, oils, and grease into
the sewer system
• Program required by Santa Ana
Regional Water Quality Control Board
• Affects only Food Service
Establishments (FSEs) that generate
FOG with potential to be discharged into
sewer system
3
Ordinance Summary
• Establishes grease control device
requirements
• Authorizes monthly fee
v, Prohibits certain disposal actions
• Defines best management practices
• Permits inspection and enforcement
4
October 18, 2004
2
FOG Control Ordinance
.... ....................................................... .. ...........
FOG Ordinance Prohibits
• Discharge of FOG into sewer system
• Installation of new food grinders; may
require removal of existing grinders
• Dishwasher connections to grease
control devices
• FOG emulsifying or biological additives
into system
5
...............
J
.............
Grease Control Devices
• Required per Uniform Plumbing Code
on new construction
• Maintenance Requirements
• Periodic removal of contents to maintain
efficiency
• Records must be submitted to establish
maintenance frequency
f; FSEs without grease control devices will
pay surcharge
6
October 18, 2004 3
FOG Control Ordinance
Best Management Practices (BMPs)
(Minimum Requirements)
c: Install drain screens
a, Segregate/collect waste cooking oil
• Dispose food waste into trash
d Maintain kitchen exhaust filters
• Post BMPs in food preparation &
dishwashing areas
e& Train employees (Video provided by City)
......... n ......... -
I T I
FOG Fee & Surcharge
d FOG fee components
• Program management
• Annual inspection
c FSEs with grease control device charge
monthly fee of $10.50
6 FSEs without grease control device
• Monthly fee plus maintenance surcharge
• Monthly fee $29.00
8
October 18, 2004
4
FOG Control Ordinance
..._._ _ ......... .... _.... H -}j
Public Works Commission
Recommendations
1) Recommend City Council adopt the
ordinance and assess FOG Control Fee on
FSEs per the ordinance and resolution
2) Maintain separate accounting for all related
revenues, expenses and fines
3) Provide annual report to the Commission _
➢ Financial accounting
➢ Program effectiveness
9
....... __... ......_.. -
Ordinance & Fee Adoption
d October 18
• Public hearing for ordinance introduction at City
Council meeting
• Requires second reading at next meeting
d November 1
• Ordinance adoption
• Public hearing for fee resolution
d January 3
• Fee implementation
• Fee and surcharge included on monthly Municipal
Services Bill for FSEs
10
October 18, 2004
5
RCA ROUTING SHEET
INITIATING DEPARTMENT: PUBLIC WORKS
SUBJECT: Adopt FOG Ordinance
COUNCIL MEETING DATE: October 18, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
❑
Subleases, Third Party Agreements, etc. AttachedNot Applicable
(Approved as to form by City Attorney)
Certificates of Insurance (Approved b the CityAttorne Attached Ely y) Not Applicable
Attached ❑
Fiscal Impact Statement (Unbudget, over $5,000) Not Applicable
❑
Bonds (If applicable) AttachedNot Ap licable
Attached ❑
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report If applicable) Attached ❑
p ( pp ) Not Applicable
Findings/Conditions for Approval and/or Denial Attached
Findin ❑
g pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORW R ED
Administrative Staff ( )
Assistant City Administrator Initial ( )
City Administrator (Initial) ( ) ( )
[City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Broussard
PROOF OF PUBLICATION
CITY OF
HUNTINGTON BEACH
STATE OF CALIFORNIA LEGAL NOTICE
ORDINANCE N0:3688
) s s. Adopted by the city C=dI
COUNTY OF ORANGE N ORDINANCEBER
F T
"AN ORDINANCE OF THE
CITY OF HUNTINGTON.
BEACH AMENDING THE
HUNTINGTON BEACH
MUNICIBY
I am a Citizen of the United States and a ADDINGPAL CHAPTEERE1456
ENTITLED CONTROL AND
resident of the County aforesaid, I am REGULATION OF FATS,
DIS-
over the age of eighteen years, and not a OILS AND GREASE CHARGED INTO' THE
SEWER SYSTEM": ., s--
party to or interested in the below entitled SYNOPSIS:
AN ORDINANCE IS RE-
D BY THE SANTA
matter. I am a principal 'clerk of the ANA EREGIONAL WATER
HUNTINGTON BEACH INDEPENDENT, QUALITY CONTROL
BOARD (SARWQCB) TO
a newspaper of general circulation, CONTROL AND REGU-
LATE FATS, OIL AND
GREASE (FOG) DIS-
printed and published In the City of CHARGED TO THE
SEWER SYSS TEM. IN
Huntington Beach County of Orange CONJUNCTION WITH THE
> > ORDINANCE,' FOG,CON-
TROL
State of California, and that attached IMPO FEES ARE BEING
MPOSED TO FUND THE
Notice Is a true and. complete copy as COST OF THE PROGRAM.
COSTS INCLUDE IN-
SPECTION AND OVER-
was printed and published In the SIGHT, PROGRAM -AD
MINISTRATION AND RE-
Huntington Beach Issue of said QUIRED RECORD KEE�-
ING. THESE NEW FE S
WILL BE ASSESSED ON
newspaper to wit the Issue(s) of: FOOD SERVICE ESTAB-
LISHMENTS (FSE).
WHICH GENERATE A
SIGNIFICANT AMOUNT
OF FOG. THERE IS A
MONTHLY 'FEE OF
$10.50 FOR THOSE FSE'S
WITH A- GREASE CON-
N TROL DEVICE SUCH
OVEMBER 11, 2004
A GREASE INTERCEP-
TOR. THOSE WITH NO
SUCH DEVICE WILL'BE
CHARGED-A MONTHLY
FEE OF $29.00 TO
COVER THE' COST FOR
INCREASED CLEANING
AND DI NG CITY INSPECTION, IN-
CLU .VIDEO
CAMERA INSPECTION.
declare, under penalty of perjury, that COPIES OF THIS OR-
DINANCE ARE- AVAIL-
the foregoing is true and correct. ABLE IN THE CITY.
CLERK'SOFFICE.
"PASSED AND ADOPTED
by;the City Council of
the City of Huntington
Executed on NOVEMBER 11, 2004 Beach at a regular
meeting held November
1,2004 by the following
at Costa Mesa, California. roll call vote:
AYES: Sullivan, Coerp-
r,. Green, Boardman,
Keook,Winchell
NOES:None'
ABSENT:Hardy.
This ordinance is ef-
fective 30 days after.
adoption.
CITY OF
HUNTINGTONBEACH
2000 MAIN STREET
HUNTINGTON BEACH,
CA 92648
714-S36-5227
JOAN L.FLYNN,
CITY CLERK
Published Huntington
Beach Independent No-
vember 11,2004 112-204
I
ORDINANCE NO.�b�B
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 follo s:
SECTION 1. Chapter 14.56 is hereby added to the Huntington Beach M icipal 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 overflow and cleanup costs
14.56.110 Nuisance declared
14.56.120 Grease interceptor quirements
14.56.130 Grease intercept o 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 Inspec On and sampling conditions
14.56.190 Rig of entry
14.56.200 No ification of spill
14.56.210/Pnalty imposed on City by regulatory agencies
14.56.010 efmitions. Unless otherwise defined herein, terms related to water quality shall be
as adopte in the latest edition of Standard Methods for Examination of Water and Wastewater,
publish by the American Public Health Association, the American Water Works Association
and t Water Environment Federation.
04or&FOG scs changes/9/27/04 ,1,
Other terms not herein defined are defined as being the same as set forth in the latest adopted
applicable editions of the Uniform 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 practi es` ,
maintenance procedures and other management practices to prevent or redc'e the
introduction of FOG to the sewer facilities.
(b) Discharger shall mean any person who discharges or causes a dischar of wastewater
directly or indirectly to a public sewer. Discharger shall mean the s e as User.
(c) Establishment shall mean commercial or industrial establishments, including but not
limited to retail food service establishments, that may /schar fats, oil and grease.
(d) FOG shall mean fats, oils and grease. Any substanas a vegetable or animal
product that is used in, or is a by product of, th/cooki d preparation process, and
that turns or may turn viscous or solidifiesa change in temperature or other
condition is included in this definition.
(e) Food Service Establishment shall mean fac' it
defined in California Health & Safety
Code Section 113285 or which has any p cess or device that uses or produces FOG, or
grease vapors, steam, fumes, smoke or .dors that are required to be removed by a Type I
hood, as defined in Health & Safety ode Section 113285. A limited food preparation
establishment is not considered a F od Service Establishment or are establishments that
generate FOG when engaged onl in reheating, hot holding or assembly of ready to eat
food products and as a result, t ere is no wastewater discharge containing a significant
amount of FOG. A limited foo preparation establishment does not include any operation
that changes the form, flavor or consistency of food.
(f) Food Grinder shall mean y device installed in the plumbing or sewage system for the
purpose of grinding fo d waste or food preparation by products for the purpose of
disposing it in the sew r system. Also means a garbage disposal.
(g) Grease Control D - ice 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 ' to the sewer system.
(h) Grease nterce for shall mean a multi-compartment device that is constructed in different
sizes d is generally required to be located, according to the California Plumbing Code,
erground between any establishment, including food service establishments that
enerate 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.
04ord/FOG scs changes/9/28/04 —2—
(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. Z
(k) Inflow shall mean water entering a sewer system through a direct storm. ter runoff
connection to the sanitary sewer, which may cause an almost imme 'e 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 der construction for which a
sewer connection permit has not been issued.
(n) Person shall mean any individual/annn
ip, fi , association, corporation or public
agency, including the State of Cali the nited States of America.
(o) Sample Point shall mean a locatioy the City, from which wastewater can be
collected that is representative in cconsistency of the entire flow of wastewater
being sampled.
(p) Sampling Facilities shall mean strrovided at the user's expense for the City or
user to measure and record waonstituent mass, concentrations, collect a
representative sample, or provide lug or terminate the discharge.
(q) Sewer or Sewer System shall ean any and all facilities used for collecting, conveying,
pumping, treating, and dispo ng of wastewater and sludge. This definition includes but
is not limited to any prope y belonging to the City used in the treatment, reclamation,
reuse, transportation, or d* posal of wastewater, or sludge.
(r) Sewer Lateral shall JM 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 ea any solid, semisolid or liquid decant, subnate or supernate from a
manu/.all
g process, utility service, or pretreatment facility.
(t) Wastean sewage and any and all other waste substances, liquid, solid, gaseous or
radioassociated with human habitation or of human or animal nature, including
suc wastes placed within containers of whatever nature prior to and for the purpose of
di osal.
(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.
04or&FOG scs changes/9/27/04 —3—
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 Es blishment
to the sewer system.
14.56.030 Enforcement of Chapter. The Director of Public Works of the Ci the "Director") or
his/her designee is responsible for enforcement of this Chapter and fo all determinations of
compliance with it.
14.56.040 Prohibitions. The following prohibitions shall apply food service establishments
that generate FOG:
(a) Installation of food grinders in the plumbing syst of new construction of any food
service establishments that generate FOG, is pro ibited. Furthermore, all food grinders
must be removed from existing food servic establishments that generate FOG, as
determined by the Director, within 90 days o tten notice to remove.
(b) Introduction of any additives into any es lishment's wastewater system for the purpose
of emulsifying FOG is prohibited.
(c) Disposal of waste cooking oil into rainage pipes is prohibited. All waste cooking oils
shall be collected and stored pr perly in receptacles such as barrels or drums for
recycling or other acceptable me ods of disposal.
(d) Discharge of wastewater fro 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 dditives for grease remediation or as a supplement to interceptor
g Pp P
maintenance is pr �hibited, unless written approval for the Director is obtained.
(g) Discharge of astes from toilets, urinals, wash basins, and other fixtures containing fecal
i
nt sewer lines intended for grease interceptor service, or vice versa, is
.(h) into the sewer system of any waste which has FOG as well as solid materials
rom the grease control device is prohibited. Grease removed from grease
s shall be wastehauled periodically as part of the operation and maintenance
ts for grease interceptors. Licensed wasthaulers or an approved recycling
yst 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.
04ord/FOG scs changes/9/27/04 —4—
14.56.060 FOG fee. All food service establishments must a a monthly fee as set b resolution
PY Y Y
of the City Council to offset the costs of enforcing this Chapter.
14.56.070 FOG pretreatment required. All new food service establishment /arerequired to
install, operate and maintain an approved type and adequately sized grease i erceptor necessary
to maintain compliance with the objectives of this Chapter. Existing foo�ervice establishments
with no grease interceptor shall pay a FOG Control fee surcharge, whi'0 shall be established by
resolution of the City Council and shall be based on the estimated wInual increase and costs of
inspecting and monitoring the sewer system, resulting from the 1 ck of a grease interceptor or
grease-control device.
The grease interceptor shall be adequate to separate and r ove FOG contained in wastewater
discharges from any establishment prior to discharge t the sewer system consistent with the
grease interceptor requirements of this chapter.
14.56.080 Singlearcels. Property owners of co ercial properties or their official designee(s)
shall be responsible for the installation and aintenance of the grease interceptor serving
multiple establishments that are located on a s' gle parcel or for paying the FOG fee surcharge if
there is no grease interceptor.
14.56.090 New construction. This Sec 'on shall not be interpreted to allow new construction,
remodeling or change in operations out 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 propert`/owner or operator of the Establishment, and said cost will constitute a debt to the
City and be ome due and payable upon the City's request for reimbursement of such costs.
14.56.1 L Nuisance declared. Sewer system overflows may cause threat and injury to public
health isafety, and welfare of life and property and are hereby declared public nuisances.
14.5 7 6.120 Grease interceptor requirements. All grease interceptors must comply with all
relevant City ordinances, and the Uniform Plumbing Code if applicable.
(a) Grease interceptor sizing and installation shall conform to the current edition of the
Uniform 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 minimum
of two compartments with fittings designed for grease retention and a sampling box.
04ord/FOG scs changes/4/28/04 —5—
(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 er each
grease interceptor chamber and sanitary tee. The/at
nholes shall exte d at least to
finished grade and be designed and maintained water inflow r infiltration.
The manholes shall also have readily removabl facilitate ' spection, grease
removal, and wastewater sampling activities.
14.56.130 Grease interceptor maintenance requirements.
(a) Grease Interceptors shall be maintained in efrating condition by periodic
removal of the full content of the interceptor wdes wastewater, accumulated
FOG, floating materials, sludge and solids.
(b) All existing and newly installed grease intery be maintained in a manner
consistent with a maintenance frequency a proved by the Director pursuant to this
section.
(c) No FOG that has accumulated in a gre se interceptor shall be allowed to pass into any
sewer lateral, sewer system, storm ain, or public right of way during maintenance
activities.
(d) All establishments with greasy interceptors may be required to submit data and
information necessary to estab sh the maintenance frequency of the grease interceptors
and shall be determined in on of the following methods:
(1) Grease inte/Othe
all be fully pumped out and cleaned at a frequency such that
the combind solids accumulation does not exceed 25% of the total
liquid depgrease interceptor. This is to ensure that the minimum
hydraulic time and required available volume is maintained to
effectivelynd retain FOG discharged to the sewer system.
(2) All establ' liments with a grease interceptor shall maintain their grease interceptor
not less , an 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
whe!sufficient data have been obtained to establish an average frequency based
ohe 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
04ord/FOG scs changes/10/7/04 —6—
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 pr7nnt
r operating
condition at the establishment's sole expense, flow mo/gn monitoring
and/or sampling facilities.
(b) The location of the monitoring or metering facilities shapproval by the
Director.
(c) Establishments may also be required by the Director analysis plans,
contingency plans, and meet other necessary requireme s to ensure proper operation and
maintenance of the grease control device or grease i erceptor and compliance with this
Chapter.
(d) Establishments shall not increase the use of ater or in any other manner attempt to
dilute a discharge as a partial or complete s stitute for treatment to achieve compliance
with this Chapter.
14.56.150 Best management nractices re ' ed. All establishments shall implement Best
Management Practices in its operation to mi imize 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 syst �n
(b) All establishments shall be required, at a minimum, to comply with the following Best
Management Practi �s:
(1) Installat' n of drain screens. Drain screens shall be installed on all drainage pipes
in foo preparation and kitchen areas.
(2) Se.. reigzation and collection of waste cooking oil. All employees must comply
ith 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
within 180 days of the effective date of this Chapter, and twice each calendar year
thereafter, on the following subjects:
04ord/FOG scs changes/9/27/04 —7—
(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 yer baskets
and other locations where grease may be spilled or dripped
(iv) How to properly dispose of grease or oils from coo ' g equipment into a
grease receptacle such as a barrel or drum without illing.
Training shall be documented and employee signature retained indicating each
employee's attendance and understanding of the practice reviewed. Training records
shall be available for review at any reasonable time by th irector and/or his designee.
(5) Maintenance of kitchen exhaust filters. Filt s shall be cleaned as frequently as
necessary to be maintained in good erating condition. The wastewater
generated from cleaning the exhaust flte shall be disposed properly.
(6) Kitchen siunage. Best managemen and waste minimization practices shall be
posted conspicuously in the food pr paration and dishwashing areas at all times.
14.56.170 Monitoringand reporting condition .
(a) Monitoring for Compliance with O finance and Reporting Requirements
(1) The Director may requi periodic reporting of the status of implementation of
Best Management Prac ces.
(2) The Director may require visual monitoring at the sole expense of the
establishment wh' h generates FOG to observe the actual conditions of any
establishment's, eluding food service establishments that generate FOG, sewer
lateral and sew lines downstream.
(3) The Directol may require reports for self-monitoring of wastewater constituents
and FOG Oaracteristics of the establishment needed for determining compliance
with this/ Chapter. Failure by the establishment to perform any required
monitori�g, 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.
04ord/FOG scs changes/9/27/04 —8—
(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 c er
and disposal site location for no less than four years. The Establishment shall pon
request, make the manifests, receipts and invoices available to the Direct of his
designee. These records may include:
(1) A logbook of grease control device cleaning and maintenance pr tices.
(2) A record of Best Management Practices being implement including employee
training.
(3) Copies of records and manifests of wastehauling int ceptor contents and/or waste
cooking oil disposal.
(4) Records of sampling data and sludge heig monitoring for FOG and solids
accumulation in the grease interceptors.
(5) Any other information deemed approp ate by the Director to ensure compliance
with this Chapter.
(c) Falsifying Information or Tam erin2 w' Process.
It shall be unlawful to make any f se statement, representation, record, report, plan or
other document that is filed wi the City, or to tamper with or knowingly render
inoperable any grease control evice, monitoring device or method or access point
required under this Chapter.
14.56.180 Inspection and sam lin onditions.
(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 Cit access to the premises, during normal business hours, for purposes of
inspecting the es ablishment'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
04ord/FOG scs changes/9/27/04 —9—
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 disc ger for
purposes of determining the annual use charge, the establishment shall make ailable for
inspection and copying by the City all notices, monitoring reports, waste anifests, and
records including, but not limited to, those related to wastewate generation, and
wastewater disposal. All such records shall be kept for a minimum o four(4) years.
(1) Sampling and inspection of any establishments, ncluding food service
establishments, that generate FOG shall be conducte in the time, place, manner,
and frequency determined at the sole discretion of t e Director.
(2) Any sample taken from a sample point is co idered to be representative of the
discharge to the public sewer.
14.56.190 Right of entry. No person shall interfere wi , delay, resist or refuse entrance to City
representatives attempting to inspect any facility in ved 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 u ble to comply with any permit condition or provision
of this Chapter due to a bre own of equipment, accidents, or human error or the
establishment has reasonable pportunity 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 a material discharged to the sewer has the potential to cause
or result in sewer block ges or SSOs, the discharger shall immediately notify the local
Health Department or ounty, and the City.
(b) Confirmation of t is notification shall be made in writing to the Director no later than
five (5) working ays from the date of the incident. The written notification shall state
the date of the 'ncident, the reasons for the discharge or spill, what steps were taken to
immediately orrect the problem, and what steps are being taken to prevent the problem
from recu 9.
(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.
04ord/FOG scs changes/9/27/04 —10
14.56.210 Penalty imposed on City by regulatoryagencies. 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 day of 2004.
M r
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPRO D: INITIATED AND APPROVED:
City Administr r Director of Public Works
04ord/FOG scs changes/10/18/04 —1 1^
ORDINANCE NO.
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_
.14.5.6.180 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 terns 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
04ord/FOG scs changes/10/18/04 1
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, 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 l 13285 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.
04or&FOG scs changes/10/18/04 —2—
(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) 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:
(q) 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.
(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.
04ord/FOG scs chan-,es/10/18/04 —3—
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.
14.56.030 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.
04ord/FOG scs than.aes/10/18/04 —4—
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 FQG 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 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 Building and Safety and shall have a
04ord/FOG scs changes/10/18/04 5
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.
04ord/FOG scs changes/10/18/04 _65—
(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) Se regation 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.
04ord/FOG scs changes/10/18/04 —7—
(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.
(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 properly..
(6) Kitchen si.nage. 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 reporting 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.
04ord/FOG scs changes/10/18/04 —8—
(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 An other information deemed-appropriate b the Director to ensure compliance
(^) YY P
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
04ord/FOG scs changes/10/18/04 —9,.,,,
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.
04ord/FOG ses changes/10/18/04 —to—
14.56.210 Penalty imposed on City by regulatory agencies.n�. 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 day of 2004.
Mayor
ATTEST: APPROVED AS TO FORM:
r,
City Clerk I �CityAttbmey
.REVIEWED AND APPROVED: . IPiLT�7
P D:
,D
City Administrator Director of Public Works
04ord/FOG scs changes/9/27/04 1 1^
NOTICE OF PUBLIC HEARING
CITY OF HUNTINGTON BEACH
FATS, OIL AND GREASE (FOG) CONTROL FEE
Notice is hereby given that the City Council of the City of Huntington Beach will hold a public
hearing in the Council Chambers of the Civic Center, 2000 Main Street, Huntington Beach at the
hour of 7:00 p.m., or as soon thereafter as possible on October 18, 2004, for the purpose of
considering imposing a Fats, Oil and Grease (FOG) Control fee as an additional charge on food
service establishments. This added charge is necessary to recover costs to implement a Fats,
Oils, and Grease (FOG) Control Program as mandated by the State.
A Fee Study detailing the reasons and methodology for the FOG fee will be available for public
review at City Hall, 2000 Main Street in the City Clerk's office between the hours of 8:00 a.m.
and 5:00 p.m. Monday through Friday,beginning September 30, 2004.
All citizens are invited to attend the public hearing and provide the City Council with written and
oral comments and ask questions concerning the above proposals. Written communications to
the City Council may also be mailed to the City Clerk.
The City of Huntington Beach endeavors to accommodate persons of handicapped status in the
admission or access to, or treatment or employment in, City programs or activities. The City of
Huntington Beach is an equal opportunity employer.
Dated City of Huntington Beach
by: Joan Flynn, City Clerk
2000 Main Street
Huntington Beach, CA 92648
Telephone(714) 536-5227
GAEngineering Division\Broussard\Sewer\RWQCB\WDR\FOG\FOG Control Fee Notice.doe
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
i NOTICE OF PUBLIC HEARING
CITY OF
I am a Citizen of the United States and a HUNTINGTON BEACH
resident of the Countyaforesaid; I am FAT S,OIL AND GREASE(FOG)
, CONTROL FEE
over the age of eighteen ears and not a Notre C hereby given
9 9 years, that'the`City Councii of
party to or interested in the below entitled the City of Huntington
Beach will hold a public
hearing in the Council
matter. I am a principal clerk of the Chambers of the Civic
HUNTINGTON BEACH INDEPENDENT, Center, Main
Street,. Hunt
Beach at the hour of
a newspaper of general circulation 7 er after or as soon
� thereafter as possible on
printed and published in the City of October• se 2004, for
the purpose of consid-
ering imposing a Fats,
Huntington Beach, County of Orange, Oil and Grease (FOG)
Control fee as an
State of California, and that attached additional charge on
,food service 'establish-
Notice is a true and complete copy as charge This e added
charge is necessary to
'rewas printed and published in the merit a Forts Oils,
and
merit a Fats, Oils, and
Huntington Beach issue of said Grease (FOG) Control
Program as mandated by
the State.
newspaper to wit the Issue(s) of. A Fee Study detailing
the reasons and meth-
odology for'the"FOG fee
will be available for
public review at City
Hall, .2000 Main'Street
Sept 3� 2004 in the City Clerk's office
r between the hours of
8:00 a.m. and 5:00 p:m.
Oct . 7, 2004 Monday through Friday,
beginning September 30,
2004.
All citizens are invited
j to. 'attend the public
hearing and provide the
City Council with written
and oral comments and
ask questions' concern-
-ing'the above proposals.
declare, under enalt of er that Written communications
Y � j 'Jury, to the City Council may
the foregoing is true and correct. also City C le :mailed to the
lerk.
The City of Huntington
Beach. endeavors to
accommodate persons of
Executed on October 7, 2004 handicapped status in
the,admission or access
to, or treatment or
at Costa Mesa, California. employment in, City
programs or activities.
.The City of Huntington
Beach is .,an equal
opportunity employer.
Dated: September 30,
2004,City of Huntington
Beach, by: Joan Flynn,
Signature City Clerk, 2000 Main
Street, Huntington
Beach, CA 92648 'Tele-
phone(714)536-5227
Published Huntington
Beach Independent
September 30, October
7,2004 095-033
I
r
' f
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
city of Numiegtoli Beach-
am a Citizen of the United States and a Notice`of Special Meeting
resident of the County aforesaid; I am of the
Public Works Commission
Notice is hereby given
over the age of eighteen years, and not a that a special meeting'
will be held by the,Public
party to or interested in the below entitled Works Commission of
the City of Huntington
matter. I am a principal clerk of the Beach, in the City
Council Chambers of the
HUNTINGTON BEACH INDEPENDENT, Civic Center, Hgton,
Beach Iocated,.atin2000
a newspaper of general circulation Main Street;at or-as hour
, of 5:00 PM,'or-as soon
printed and published in the City of as possible -thereafter,
on Wednesday, October
6, 2004 for the purpose
Huntington Beach, County of Orange, of reviewing and making
a recommendation. to
State of nd that attached the City Council to
California,� consider an ordinance;
Notice is a true and complete copy as fee and surcharge for
food service establish-
was printed and published in the ments to control the
release of Fats,Oils and(FOG �
Huntington 'Beach issue of said Grease'sewer system.
into the
.
. All interested'persons
newspaper to wit the Issue(s) of. me invited r attend the
meeting., Written com-
munications, to the
Public Works Commis-
may be,mailed to
the City Clerk.
The City of Huntington
Beach endeavors to
accommodate persons of
Sept. 30 , 2004 handicapped status in
the admission or access
to, or treatment or
employment iri, City
programs or activities.
The City of Huntington
Beach is an equal
opportunity employer.
City of Huntington Beach
By: Joan Flynn, City
Main St
I declare, under penalty of perjury, that Huntington Beach, CtA,
92648, Telephone: (714)
the foregoing is true and correct. 536-5227
Published Huntington
Beach Independent
September 30,2004
Executed on September 30, 2004 4 '095-034
at Costa Mesa, California.
Signature
r
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
City of Huntington Beach-
am a Citizen of the United States and a Hoticleof Special Meeting
of the
resident of the Count aforesaid; I am &C
County Public Works Commission
is
over the age of eighteen years, and not a thattlaespecalebm e'ting'
party to or interested in the below entitled will be held by bli
Works Commission f
ssion of
the City of Huntington
matter. I am a principal clerk of the Beach, in the City
Council Chambers of the
HUNTINGTON BEACH INDEPENDENT, BCivic each rater,Huntington
a newspaper of general circulation 2000
r Main Street;at the hour
of 5:00 PM,,or-as soon
printed and published in the City of as possible -thereafter,
on Wednesday, October
6, 2004 for the purpose
Huntington Beach, County of Orange, of reviewing and making
a recommendation. to
State of and that attached the City Council to
California, consider an ordinance;
fee e for
Notice is a true and complete copy as foodand servicecha es ablish-
was printed and published in .the release
e to ,control the
` of Fats,Oils and
Huntington ' Beach issue of said sewerGrease' stem.(FOG into the
sewer system. I
All interested 'persons
newspaper to wit the Issue(s) of. are
invited tor attend the
meeting., Written com-
munications, to the
Public Works Commis-
sion may be,mailed to
tfie City Clerk. .
The City of Huntington
Beach 'endeavors to
accommodate persons of
Sept. 30 � 2004 handicapped status in
the admission or access
to, or treatment or
employment in, City
programs or activities.
The City of Huntington
Beach is an equal
opportunity_employer.
City of Huntington Beach
By: Joan Flynn, .City
l declare under penalty of perjury that Clerk,Huntington
Main Street,
, , Huntington 'Beach, CA
92648,Telephone: (714)
the foregoing is true and correct. .536-5227
Published Huntington
Beach Independent'
September 30,2004 '
Executed on September 30, 2004 __ __ 095-034
at Costa Mesa, California.
Signature
PROOF OF PUBLICATION
STATE OF CALIFORNIA)
) ss.
COUNTY OF ORANGE )
NOTICE OF PUBLIC HEARING
CITY OF
I am a Citizen of the United States and a HUNTINGTON BEACH
resident of the County aforesaid; I am FATs;,OCONTROL FEE
AND E(FOG)
over the a e of ei hteen ears and not a N°ties C hereby given
9 9 years, the=City-Council of"
the City of .Huntington
party to or interested in the below entitled Beach will hold a public
hearing in the Council
matter. I am a principal clerk of the Chambers of the Civic,
Center, 2000 Main
HUNTINGTON BEACH INDEPENDENT, Beach tat the thou toof
a newspaper of general circulation then Ater' or ss soon
9 � thereafter'as possible on
printed and published in the City of October 18, f co for
the purpose of nsid-
ering imposing a Fats,
Huntington Beach, County of Orange, Oil and Grease (FOG)
Control fee as an
State of California, and that attached additional charge on
food service establish-
Notice is a true and complete copy as charge This added
.charge is necessary to '
was printed and published in the recover costs Oils,
and
ment a Fats, Oils, and
"Grease (FOG) Control
Huntington Beach issue of said Program as mandated by
the State.
newspaper to wit the Issue(s) of. A Fee Study-detailing
andet eth-
the reasons and meth-
odology for the FOG fee
will..be available for
public review at City
Hall, .2000 Main Streetin the 's
.
Sept . 30, 2004 betweenit thelerhoursflce of
8:00 a.m. and 5:00 p.m.'
Oct. 7 , 2004 Monday through Friday,
beginning September 30,
2004-
All citizens are invited
to attend the .public
hearing and provide the
City Council with written,
and oral comments and
ask questions concern-
ing'We above proposals.
Written.communications
declare, under penalty of perjury, that to the City Council may
also be mailed to the
the foregoing is true and correct. City Clerk.
The City of Huntington
Beach .endeavors to
accommodate persons of
October 7 i 2004 handicapped status in
Executed on the admission or"access
at Costa Mesa, California. to, or treatment or
employment in, City
programs 'or activities.
The City of Huntington
Beach is an equal
opportunity employer.
Dated: September 30'
2004,City of Huntington
Beach, by: Joan Flynn,
Signature City Clerk, 2000 Main
Street, Huntington
Beach; CA 92648 Tele-
.phone(714)536-5227
Published Huntington
Beach- independent
September 30, October
7,,2004 095-033
I
i
I
i
r NOTICE.OF PUBLIC HEARING f
CITY Of f
HUNWIMM(H H UNTINGT0N BE A C
FATS,OIL AND GREASE(FOG).
CONTROLFEE
Notice:is hereby given DEPENDENT
.that the:CitytyCouncil of '
the City-;of Huntington
Beach will hold a public
hearing in the Council
Chambers of'the Civic
Center,' 2000• Main
Street, Huntington
Beach at the hour of
7:00 p.m., or as soon
thereafter as possible on
October 18, 2004, for
the purpose of consid-
ering imposing a Fats, rF0Oil.and Grease (FOG) Client Reference # (�
Control fee as an :
Huntington Beach Independent Reference #
Dear advertiser:
Enclosed is a clipping of your ad from the first publication, beginning on
3t�-o and expiring on -
If you need to make any chancres or corrections, please call me at your
earliest convenience.
The cost of this ad is $
Thanks for your cooperation and patronage.
Sincerely,
Michael Sletten
Legal Advertising
YW
18682 Beach Blvd.,Ste.160,Huntington Beach,California 92646
(714)965-3030 Fax(714)965-7174
A Publication of Times Community News •A Division of the Cos Angeles Grimes
additional charge on
food service establi;;- sh-
ment r4his t�dded
chargetis�'necessary to
recover.costs to imple-
ment a'Fats, Oils, ands
Grease (FOG) Control
Program as mandated by
the State.
A Fee Study detailing
the reasons and meth-
odology for the FOG fee
will be available for
public review at City
Hall, 2000 Main'Street
in the City Clerk's office
between the hours of
8:00 a.m. and 5:00 p.m.
Monday through Friday,
beginning September 30,
2004.
All citizens are invited
to attend the public
hearing and provide the
City Council with written
and oral comments and
ask questions concern-
ing the above proposals.
Written communications
to the City Council may
also be mailed to the
City Clerk.
The City of Huntington
Reach endeavors to
accommodate persons of
handicapped status in
the admission or access
to, or treatment or
employment in, City
programs or activities.
The City of Huntington.
Beach is an equal
opportunity employer.
Dated: September 30,
2004,City of Huntington
Beach, by: Joan Flynn,
City Clerk, .2000 Main
Street, Huntington,
Beach, CA 92648 Tele-
,phone(714)536-5227
Published Huntington
Beach Independent
September,30, October
7,2004 095-033
I