HomeMy WebLinkAboutStudy Session – Fat Oil & Grease - FOG - Program Ordinance FOG Ordinance
Fats, Oils, and Grease (FOG) Background
Y Control Ordinance ;General Waste Discharge Requirements t
_ were established by the RWQCB in 2002 to
.119
prevent Sanitary Sewer Overflows(SSO)
e Monitoring and Reporting(ongoing)
{
a SSO Emergency Response Plan(Complete)
t }' a Preventative Maintenance Program(Complete)
0 Legal Authority(July 30,2004)
fryy q
a Grease Control Program(December 31,zooa)
i` tt May 2004 a Capacity Evaluation Plan(July 30,2005)
����
i YR, a Sewer System Management Plan(September
� Wr 30,2005)
Legal Authority Grease Control Devices
a a"Limit fats and greases and other debris that � Grease Traps and Interceptors
Best Available Technology
A may cause blockages in the sewage ;
collection system."
o Alternatives:
4 Municipal Codes 14.24.035 and 17.44 currently provide
some requirements for limiting fats, oils, and grease F a Automatic Grease Trap
from entering the sewer system.
6 Proposed Ordinance will fill gaps between existing a BiologicaVChemical Additives
ordinances and provide continuity amongst the sewer I V
agencies. a Best Management Practices
x
a Sewer line Maintenance Program
*erA
3 a
(May 17D20O4
1
FOG Ordinance
History of SSO FOG Control Ordinance
in Huntington Beach— .1 Geared toand Faad ServIce Estobl
Approximate Number of Facilities
Food Service Establishment(FSE) 450 units a"!" 0 Requires New FSE to install a grease control device
e Residential 75,000 units i 0 Grants a conditional waiver to existing FSE
Public Sewer Mains 360 miles r
0 Allows FSE to use alternate methods of FOG Control
{
-a If a spill occurs,waiver may be revoked
y SOURCE YEAR No. 0 Requires all FSE to obtain a FOG Discharge permit
t
�-' FSE zooz 3 a 4 Allows for unannounced inspections
Residential zooz 10 0 Requires maintenance logs be kept onsite
d City Main zooz 5 a Requires the removal of food grinders
Y. i• �
FSE 2003 6 (
i
Residential 2003 14 r
l +(4 City Main 2003 4 it
Timeline for Adoption of
Ordinance
a City Council Study Session May 17,2004
a City Council 1st Reading July 6,2004
F ya a City Council 2nd Reading July 19,2004
o Legal Authority Deadline July 30,2004
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May 17, 2004
2
ORDINANCE NO. D 0
LJ
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
THE BOARD OF AREC ORSCITY COUNCIL OF THE
ORANGE COUNTY SANITATION ADOPTING
FATS, OILS AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS
WHEREAS, pursuant to the , Health & Safety Gede
§§ 00 et seq., th rge Ge�+'rnty Sanitat;"ren Div t ("Di6tFiGV-)- City of Huntington
Beach has the authority to adopt ordinances relating to the provision of sewer services
and facilities, and regulations of those services and facilities; and
WHEREAS, the Regional Water Quality Control Board ("RWQCB") for the Santa
Ana Region adopted Order R8-2002-0014, which prescribes general waste discharge
requirements prohibiting sanitary sewer overflows ("SSOs") by sewer collection
agencies; and
WHEREAS, in Order R8-2002-0014, the RWQCB found that one of the leading
causes of SSOs within the Santa Ana Region, which encompasses the iGtCITY's
service area is "grease blockages;" and
WHEREAS, SSOs often caused by 'discharge of wastewater containing high
levels of fat, oils and grease (`FOG'), suspended solids, pathogenic organisms, and
other pollutants, may cause temporary exceedances of applicable water quality
objectives, pose a threat to the public health, adversely affect aquatic life, and impair
the public recreational use and aesthetic enjoyment of surface waters within the
IDiStFiG CITY`s service area; and
WHEREAS, the 2000-2001 Orange County Grand Jury ("Grand Jury") conducted
a survey among 35 wastewater collection and treatment agencies in Orange County
and concluded that one of the leading causes of SSOs and sewage spills is sewer lines
clogged from the accumulation of FOG discharged from Food Service Establishments;
and
WHEREAS, the Grand Jury further concluded that more effective methods of
minimizing grease discharges into the sewer system must be developed and
implemented to reduce the discharge of FOG to the sewer system in order to prevent
sewer blockages and SSOs; and
WHEREAS, Order No. R8-2002-0014 requires the DistFi CITY to monitor and
control SSOs and to develop a FOG Control Program by December 30, 2004; and
WHEREAS, in light of the overwhelming evidence that FOG is a primary cause of
SSOs, the DiStFiGtCITY desires to implement a FOG Control Program to prevent SSOs;
and
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WHEREAS,-Section 1014 of the 2001 California Plumbing Code, applicable to all
occupancies in the State pursuant to the California Building Standards Law, requires the
installation of grease traps or interceptors when in the opinion of the Building Official
waste pretreatment is required; and
WHEREAS, the foregoing findings indicate that a FOG Control Program is
required for Food Service Establishments within the istCITY's jurisdiction to comply
with waste discharge regulations and prevent the harmful effects of SSOs; and
WHEREAS, the regulations adopted herein will grant a conditional waiver to
require-existing Food Service Establishments to install grease control devices or
interceptors ,
�h+oGepte-F=, and
WHEREAS, the, the BGaFd Gf lDiFeGt9F8CitY Council finds that specific
enforcement provisions must be adopted to govern discharges of wastewater to the
[DiStFiGtCITY's system by Food Service Establishments.
NOW, THEREFORE, the Board Gf DiFeGtOFSCity Council does hereby ordain as
follows:
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ARTICLE 1
GENERAL PROVISIONS
1.1 PURPOSE AND POLICY
A. The purpose of this Ordinance is to facilitate the maximum beneficial
public . use of the IDistFiGtCITY's sewer services and facilities while
preventing blockages of the sewer lines resulting from discharges of FOG
to the sewer facilities, and to specify appropriate FOG discharge
requirements for Food Service Establishments.
B. This Ordinance shall be interpreted in accordance with the definitions set
forth in Section 1.2. The provisions of this Ordinance shall apply to the
direct or indirect discharge of all wastewater or waste containing FOG
carried to the sewer facilities of the iG CITY.
C. To comply with Federal, State, and local policies and to allow the
IDi6triEtCITY to meet applicable standards, provisions are made in this
Ordinance for the regulations of wastewater or waste containing FOG
discharges to the sewer facilities.
D. This Ordinance establishes quantity and quality standards on: all
wastewater and/or waste discharges containing FOG; which may alone or
collectively cause or contribute to FOG accumulation in the Sewer facilities
causing or potentially causing or contributing to the occurrence of-SSOs.
1.2 DEFINITIONS
A. 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. The testing procedures for waste constituents
and characteristics shall be as provided in 40 CFR 136 (Code of Federal
Regulations).
B. Other terms not herein defined are defined as being the same as set forth
in the latest adopted applicable editions of the California Codes applicable
to building construction adopted pursuant to the California Building
Standards Law.
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C. Subject to the foregoing provisions, the following definitions shall apply in
this Ordinance:
Best Management Schedules of activities, prohibitions of practices,
Practices maintenance procedures and other management
practices to prevent or reduce the introduction of FOG to
the sewer facilities.
BeardCity Council The BeaFd Gf DiFeC4eFSCity-Council of the Disttrid ITY.
Change in Any change in the ownership, food types, or operational
Operations procedures that have the potential to increase the
amount of FOG generated and/or discharged by Food
Service Establishments in an amount that alone or
collectively causes or creates a potential for SSOs to
occur.
Composite Sample A collection of individual samples obtained at selected
intervals based on an increment of either flow or time.
The resulting mixture (composite sample) forms a
representative sample of the wastestreamwaste stream
discharged during the sample period. Samples will be
collected when a wastewater discharge occurs.
Discharger Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
DiStFiG CITY The .City of Huntington
Beach
Sewer Facility or Any property belonging to the DistFistCITY used in the
System tFeatment FeGla ;atieF;, Feuse, transportation,eF disposal
of wastewater, OF e.
Effluent Any liquid outflow from the Food Service Establishment
that is discharged to the sewer.
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Fats, Oils, and Any substance such as a vegetable or animal product
Grease ("FOG") 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
conditions.
FOG Control The FOG Control Program required by and developed
Program pursuant to RWQCB Order No. R8-2002-0014, Section
(c)(12)(viii).
FOG Control The individual designated by the Ois#FiGtCITY to
Program Manager administer the FOG Control Program. The FOG Control
Program Manager is responsible for all determinations of
compliance with the program, including approval of
discretionary variances and waivers.
FOG Wastewater A permit issued by the DistF'G CITY subject to the
Discharge Permit requirements and conditions established by the
DiStFiG authorizing the permittee or discharger to
discharge wastewater into the DietFiGtCITY's facilities or
into sewer facilities which ultimately discharge into a
Distr-is#CITY facility.
Food Service Facilities defined in California Uniform Retail Food
Establishment Service Establishments Law (CURFFL) Section 113785,
and any commercial entity within the boundaries of the
Dis#FiGtCITY, operating in a permanently constructed
structure such as a room, building, or place, or portion
thereof, maintained, used, or operated for the purpose of
storing, preparing, serving, or manufacturing, packaging,
or otherwise handling food for sale to other entities, or for
consumption by the public, its members or employees,
and 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 or
Type II hood, as defined in CURFFL Section 113785. A
limited food preparation establishment is not considered
a Food Service Establishment 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.
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Food Grinder 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.
Grease Control Any grease interceptor, grease trap or other mechanism,
Device 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. "Grease control
device" may also include any other proven method to
reduce FOG subject to the approval of the DiGtFiG CITY,
Grease Disposal A fee charged to an Owner/Operator of a Food Service
Mitigation Fee Establishment when there are physical limitations to the
property that make the installation of the usual and
customary grease interceptor or grease control device for
the Food Service Establishment under consideration,
impossible or impracticable. The Grease Disposal
Mitigation Fee is intended to cover the costs of increased
maintenance of the sewer system for inspection and
cleaning of FOG and other viscous or solidifying agents
that a properly employed grease control device would
otherwise prevent from entering the sewer system.
Grease Interceptor A multi-compartment device that is constructed in
different sizes and is generally required to be located,
according to the California Plumbing Code, underground
between a Food Service Establishment and the
connection to the sewer system. These devices primarily
use gravity to separate FOG from the wastewater as it
moves from one compartment to the next. These
devices must be cleaned, maintained, and have the FOG
removed and disposed of in a proper manner on regular
intervals to be effective.
Grease Trap A grease control device that is used to serve individual
fixtures and have limited effect and should only be used
in those cases where the use of a grease interceptor or
other grease control device is determined to be
impossible or impracticable.
General The individual duly designated by the Rear—e
Manage Director of DiFeetOFSCity Council of the DistristCITY to administer
Public Works this Ordinance.
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Grab Sample A sample taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and
without consideration of time.
Hot Spots Areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained
frequently to avoid blockages of sewer system.
Inflow 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.
Infiltration Water entering a sewer system, including sewer service
connections, from the ground through such means as
defective pipes, pipe joints, connections, or manhole
walls.
Inspector A person authorized by the ^#CITY to inspect any
existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
Interceptor A grease interceptor.
Interference Any discharge which, alone or in conjunction with
discharges from other sources, inhibits or disrupts the
DiStFiG CITY's sewer system, tFeatment_ preGes a or
operations; or is a cause of violation of the Distri CITY's
NPDES or Waste Discharge Requirements. or pFeyeRtc
Local Sewering Any public agency or private entity responsible for the
Agency collection and disposal of wastewater to the 8iStFi6VS
sewerCITY's sewer facilities duly authorized under the
laws of the State of California to construct and/or
maintain public sewers.
NPDES The National Pollutant Discharge Elimination System; the
permit issued to control the discharge of liquids or other
substances or solids to surface waters of the United
States as detailed in Public Law 92-500, Section 402.
New Construction Any structure planned or under construction for which a
sewer connection permit has not been issued.
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Permittee A person who has received a - permit to discharge
wastewater into the Distr-iGtCITY's sewer facilities subject
to the requirements and conditions established by the
lDi tCITY.
Person Any individual, partnership, firm, association, corporation
or public agency, including the State of California and the
United States of America.
Public Agency The State of California and/or any city, county, special
district, other local governmental authority or public body
of or within this State.
Public Sewer A sewer owned and operated by the Dist CITY, or
other local Public Agency, which is tributary to the
DistFi CITY's sewer facilities.
Regulatory Regulatory Agencies shall mean those agencies having
Agencies regulatory jurisdiction over the operations of the
t +e-tCITY, including, but not limited to:
a) United States Environmental Protection Agency,
Region IX, San Francisco and Washington, DC
(EPA).
b) California State Water Resources Control Board
(SWRCB).
c) California Regional Water Quality Control Board,
Santa Ana Region (RWQCB).
d) South Coast Air Quality 'Management District
(SCAQMD).
e) California Department of Health Services (DOHS).
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Remodeling A physical change or operational change causing
generation of the amount of FOG that exceed the current
amount of FOG discharge to the sewer system by the
Food Service Establishment in an amount #it—a4N4ethat
alone or collectively causes or create a potential for
SSOs to occur; eF eXGeerlin^or exceeding a cost of
- $50,000 to a Food Service Establishment that requires a
building permit, and involves any one or combination of
the following: (1) Under slab plumbing in. the-food
processing area, (2) a 30% increase in the net public
seating area, (3) a 30% increase in the size of the kitchen
area, or (4) any change in the size or type of food
preparation equipment.
Sample Point A location approved by the ID CITY, from which
wastewater can be collected that is representative in
content and consistency of the entire flow of wastewater
being sampled.
Sampling Facilities Structure(s) provided at the user's expense for the—the
DiStr-is#CITY or user to measure and record wastewater
constituent mass, concentrations, collect a representative
sample, or provide access te--plugto plug or terminate the
discharge.
Sewage Wastewater.
Sewer Facilities or Any and all facilities used for collecting, conveying,
System pumping, treating, and disposing of wastewater and
sludge,
Sewer Lateral 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.
Sludge Any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service,
or pretreatment facility.
User Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer system.
User shall mean the same as Discharger.
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Waste 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.
Manifest That receipt which is retained by the generator of wastes
for disposing recyclable wastes or liquid wastes as
required by the DiStFiGCITY.
Waste Minimization Plans or programs intended to reduce or eliminate
Practices discharges to the sewer system or to conserve water,
including, but not limited to, product substitutions,
housekeeping practices, inventory control, employee
education, and other steps as necessary to minimize
wastewater produced.
`", tehau ante Any person carrying on or engaging in vehicular transport
hauler of waste as part of, or incidental to, any business for that
purpose.
Wastewater 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.
Wastewater The individual chemical, physical, bacteriological, and
Constituents and other parameters, including volume and flow rate and
Characteristics such other parameters that serve to define, classify or
measure the quality and quantity of wastewater.
D. Words used in this Ordinance in the singular may include the plural and
the plural the singular. Use of masculine shall mean feminine and use of
feminine shall mean masculine. Shall is mandatory; may is permissive or
discretionary.
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ARTICLE 2
GENERAL LIMITATIONS, PROHIBITIONS, AND REQUIREMENTS ON FATS, OILS,
AND GREASE ("FOG") DISCHARGES
2.1 FOG DISCHARGE REQUIREMENT
No Food Service"establishment shall discharge or cause to be discharged into
the sewer system FOG that exceeds a concentration level adopted by the Board
or that may accumulate and/or cause or contribute to blockages in the sewer
system or at the sewer system lateral which connects the Food Service
Establishment to the—sewefthe sewer system.
2.2 PROHIBITIONS
The following prohibitions shall apply to all Food Service Establishments:
A. Installation of food grinders in the plumbing system of new constructions
of Food Service Establishments shall be prohibited. Furthermore, all food
grinders shall be removed from all existing Food Service Establishments
within 180 days of the effective date of this Ordinance, except when
expressly allowed by the FOG Control Program Manager.
B. Introduction of any additives into a Food Service Establishment's
wastewater system for the purpose of emulsifying FOG is prohibited,
unless a specific written authorization from the FOG Control Program
Manager is obtained.
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, without prior authorization from the FOG
Control Program Manager, is prohibited.
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.
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H. Discharge of any waste including FOG and solid materials removed from
the grease control device to the sewer system is prohibited. Grease
removed from grease interceptors shall be wart haute aste hauled
periodically as part of the operation and maintenance requirements for
grease interceptors.
2.3 FOG WASTEWATER DISCHARGE PERMIT REQUIRED
No person shall discharge, or cause to be discharged any wastewater from Food
Service Establishments directly or indirectly into the sewer system without first
obtaining a FOG Wastewater Discharge Permit pursuant to this Ordinance.
2.4 BEST MANAGEMENT PRACTICES REQUIRED
All Food Services Establishments shall implement Best Management Practices in
its operation to minimize the discharge of FOG to the sewer system. Detailed
requirements for Best Management Practices shall be specified in the permit.
This may include kitchen practices and empleyee tFaini„g that aFeemployee
training that is essential in minimizing FOG discharge.
2.5 FOG PRETREATMENT REQUIRED
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 Ordinance. The grease interceptor shall be
adequate to separate and remove FOG contained in wastewater discharges from
Food Service Establishments prior to discharge to the sewer system. Fixtures,
equipment, and drain lines located in the food preparation and clean up areas of
Food Service Establishments that are sources of FOG discharges shall be
connected to the grease interceptor. Compliance shall be established as follows:
A. New Construction of Food Service Establishments
New construction of Food Service Establishments shall include and install
grease interceptors prior to commencing discharges of wastewater to the
sewer system.
B. Existing Food Service Establishments
1. For existing Food Service Establishments, the requirement to install
and to properly operate and maintain a grease control device
ifltGFGepte will may be conditionally stayed, that is, delayed in its
implementation by the FOG Control Program Manager for a
maximum period of three years from the effective date of this
Ordinance (3 yeaF °meFtizatien PeFied). Terms and conditions for
application of a stay to a Food Service Establishment shall be set
forth in the permit. The-3eaFd finds-that-three yeaFE; is a FeaseR�hl
ameFtizatien peFle l feF exiStinn Feed SeP< ino Establishments th.+t
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arm-epeFat+;g witheut-a—grease—iRteFGepter. Violations of the
conditions of the permit may at any time result in the revocation of
the stay to install a grease control device. Should the revocation of
the permit occur, the permittee may within 30 days, apply for a
variance or waiver as described in Section 2.6. Should the
application be denied, a grease control device shall be installed
within 180 days.
2. F=Xi .__Feed^SeNiGe
.. Es' lishmen+s'_thot have reraGGRahle
potentil-t6 r �ly impaG} -tYG—sewer system nr have scwe-F PFegFam
shall install gFease interGeptGrs within 489 days
r
of the e#Ktiye date Of thin QFdiRaRGo
3. Existing Food Service Establishments undergoing remodeling or a
change in operations as defined in Section 1.2 of this Ordinance, or
Food Service Establishments that change ownership, shall be
required to install a grease interceptor.
2.6 VARIANCE AND WAIVER OF GREASE INTERCEPTOR REQUIREMENT
A. Variance from Grease Interceptor Requirements
A variance from the grease interceptor requirements to allow alternative
pretreatment technology that is, at least, equally effective in controlling the
FOG discharge in lieu of a grease interceptor may be granted to Food
Service Establishments demonstrating that it is impossible or
impracticable to install, operate or maintain a grease interceptor. The FOG
Control Program Manager's determination to grant a variance will be
based upon, but not limited to, evaluation of the following conditions:
1. There is no adequate space for installation and/or maintenance of a
grease interceptor.
2. There is no adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the
grease interceptor and the private collection lines or the public
sewer.
3. The Food Service Establishment can justify that the alternative
pretreatment technology is equivalent or better than a grease
interceptor in controlling its FOG discharge. In addition, the Food
Service Establishment must be able to demonstrate, after
installation of the proposed alternative pretreatment, its
effectiveness to control FOG discharge through downstream visual
MGRitGFiRg ofmonitoring of the sewer system, for at Least three
months, at its own expense. A Variance may be granted if the
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- results show no visible accumulation of FOG in its lateral and/or
tributary downstream sewer lines.
B. Conditional Waiver from Installation of Grease Interceptor
A conditional waiver from installation of a grease interceptor may be
granted for Food Service Establishments that have been determined to
have negligible FOG discharge and insignificant impact to the sewer
system. The FOG Control Program Manager's determination to grant or
revoke a conditional waiver shall be based upon, but not limited to,
evaluation of the following conditions:
1. Quantity of FOG discharge as measured or as indicated by the size
of Food Service Establishment based on seating capacity, number
of meals served, menu, water usage Rt, amount of on-site
consumption of prepared food and other conditions that may
ablyreasonably be shown to contribute to FOG discharges.
2. Adequacy of implementation of Best Management Practices and
compliance history.
3. Sewer size, grade, condition based on visual information, FOG
deposition in the sewer by the Food Service Establishment, and
history of maintenance and sewage spills in the receiving sewer
system.
4. Changes in operations that significantly affect FOG discharge.
5. Any other condition deemed reasonably related to the generation of
FOG discharges by the FOG Control Program Manager.
C. Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee
For Food Service Establishments where the installation of grease
interceptor is not feasible and no equivalent alternative pretreatment can
be installed, a waiver from the grease interceptor requirement may be
granted with the imposition of a Grease Disposal Mitigation Fee as
described in Section 2.8. The FOG Control Program Manager's
determination to grant the waiver with a Grease Disposal Mitigation Fee
will be based upon, but not limited to, evaluation of the following
conditions:
1. There is no adequate space for installation and/or maintenance of a
grease interceptor.
2. There is no adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the
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grease interceptor and the private collection lines or the public
sewer.
3. A variance from grease interceptor installation to allow alternative
pretreatment technology cannot be granted.
D. Application for Waiver or Variance of Requirement for Grease Interceptor
A Food Service Establishment may submit an application for waiver or
variance from the grease interceptor requirement to the FOG Control
Program Manager. The Food Service Establishment bears the burden of
demonstrating, to the FOG Control Program Manager's reasonable
satisfaction, that the installation of a grease interceptor is not feasible or
applicable. Upon determination by the FOG Control Program Manager
that reasons are sufficient to justify a variance or waiver, the permit will be
issued or revised to include the variance or waiver and relieve the Food
Service Establishment from the requirement. Terms and conditions for
issuance of a variance to a Food Service Establishment shall be set forth
in the permit. A waiver or variance may be revoked at any time when any
of the terms and conditions for its issuance is not satisfied or if the
conditions upon which the waiver was based change so that the
justification for the waiver no longer exists.
2.7 COMMERCIAL PROPERTIES
Property owners of commercial properties or their official designee(s) shall be
responsible for the installation and maintenance of the grease interceptor serving
multiple Food Service Establishments that are located on a single parcel.
2.8 GREASE DISPOSAL MITIGATION FEE
Food Service Establishments that operate without a grease control interceptor
may be required to pay an annual Grease Disposal Mitigation Fee to equitably
cover the costs of increased maintenance of the sewer system as a result of the
Food Service Establishments' inability to adequately remove FOG from its
wastewater discharge. This Section shall not be interpreted to allow the new
construction of, or existing Food Service Establishments undergoing remodeling
or change in operations to operate without .an approved grease interceptor
unless the lDiStFiGtCITY has determined that it is impossible or impracticable to
install or operate a grease control interceptor for the subject facility under the
provisions of Section 2.6 of this Ordinance.
A. The Grease Disposal Mitigation Fee shall be established by ordinance or
resolution of the City Council, and shall be based on the
estimated annual increased cost of maintaining the sewer system for
inspection and removal of FOG and other viscous or solidifying agents
attributable to the Food Service Establishment resulting from the lack of a
grease interceptor or grease control device.
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• •
B. The Grease Disposal Mitigation Fee may be waived or reduced on a,no
less than an annual basis when the discharger demonstrates to the
reasonable satisfaction of the FOG Control Program Manager that they
had used best management and waste minimization practices on a regular
basis that has significantly reduced the introduction of FOG into the sewer
system.
C. The Grease Disposal Mitigation Fee may not be waived or reduced when
the Food Service Establishment does not comply with the minimum
requirements of this Ordinance and/or its discharge into the sewer system
in the preceding 12 months has caused or potentially caused or
contributed alone or collectively, in sewer blockage or SSO in the sewer
downstream, or surrounding the Food Service Establishment prior to the
waiver request.
2.9 SEWER SYSTEM OVERFLOWS, PUBLIC NUISANCE, ABATEMENT ORDERS
AND CLEANUP COSTS
Notwithstanding the three-year ameFtizatieR period established in Section 2.5,
Food Service Establishments found to have contributed to a sewer blockage,
SSOs or any sewer system interferences resulting from the discharge of
wastewater or waste containing FOG, shall be ordered to install and maintain a
grease interceptor, and may be subject to a plan to abate the nuisance and
prevent any future health hazards created by sewer line failures and blockages,
SSOs or any other sewer system interferences. SSOs may cause threat and
injury to public health, safety, and welfare of life and property and are hereby
declared public nuisances. Furthermore, sewer lateral failures and SSOs caused
by Food Service Establishments alone or collectively, are the responsibility of the
private property owner or Food Service Establishment, and individual(s) as a
responsible officer or owner of the Food Service Establishment. If the
istCITY must act immediately to contain and clean up an SSO -caused by
blockage of a private or public sewer lateral or system seRi4;gsystem serving a
Food Service €s#ablis#mePA—,Establishment, or at the request of the property
owner or operator of the Food Service Establishment, or because of the failure of
the property owner or Food Service Establishment to abate the condition causing
immediate threat of injury to the health, safety, welfare, or property of the public,
the lDi tCITY's costs for such abatement may be entirely borne by the
property owner or operator of the Food Service Establishment, and individual(s)
as a responsible officer or owner of the Food Service Establishment(s) and may
constitute a debt to the Di CITY and become due and payable upon the
ID;StF;GtCITY's request for reimbursement of such costs.
-16-
_..,._., ... ARTICLE 3
FOG WASTEWATER DISCHARGE PERMITS FOR FOOD SERVICE
ESTABLISHMENTS
3.1 FOG WASTEWATER DISCHARGE PERMIT REQUIRED
A Food Service Establishments proposing to discharge or currently
discharging wastewater-containing FOG into the
D CITY's sewer system shall obtain a FOG Wastewater Discharge
Permit from the tCITY. This requirement shall be effective 180 days
from the effective date of this Ordinance.
B. FOG Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use, and
fees established by the ID tCITY. The conditions of FOG Wastewater
Discharge Permits shall be enforced by the DiStFiGCITY in accordance
with this Ordinance and applicable State and Federal Regulations.
3.2 FOG WASTEWATER DISCHARGE PERMIT APPLICATION
A. Any person required to obtain a FOG Wastewater Discharge Permit shall
complete and file with the DiStFiGtCITY prior to commencing discharges,
an application in a form prescribed by the OietFiG CITY. The applicable
fees shall accompany this application. The applicant shall submit, in units
,and terms appropriate for evaluation, the following information at a
minimum:
1. Name, address, telephone number, assessor's parcel number(s),
description of the Food Service Establishment, operation, cuisine,
service activities, or clients using the applicant's services.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the Food Service
Establishment; Articles of Incorporation; most recent Report of the
Secretary of State; Business License.
3. Name and address of property owner or lessor and the property
manager where the Food Service Establishment is located.
4. Any other information as specified in the application form.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
—17—
grease interceptor or other pretreatment equipment and appurtenances-by
size, location, and elevation for evaluation.
C. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the DistriGtCITY may issue a FOG
Wastewater Discharge Permit, subject to terms and conditions set forth in r:
this Ordinance and as otherwise determined by the FOG Control Program
Manager to be appropriate to protect the—the CITY's sewer system.
3.3 FOG WASTEWATER DISCHARGE PERMIT CONDITIONS
The issuance of a FOG Wastewater Discharge Permit may contain any of the
following conditions or limits:
A. Limits on discharge of FOG and other priority pollutants.
B. Requirements for proper operation and maintenance of grease
interceptors and other grease control devices.
C. Grease interceptor maintenance frequency and schedule.
D. Requirements for implementation of Best Management Practices and
installation of adequate grease interceptor and/or grease control device.
E. Requirements for maintaining and reporting status of Best Management
Practices
F. Requirements for maintaining and submitting logs and records, including
waste hauling records and waste manifests.
G. Requirements to self-monitor.
H. Requirements for the Food Service Establishment to construct, operate
and maintain, at its own expense, FOG control device and sampling
facilities.
I. Additional requirements as otherwise determined to be reasonably
appropriate by the FOG Control Program Manager to protect the
Distk-tCITY's system or as specified by other Regulatory Agencies.
J. J-.—Other terms and conditions, which may be reasonably applicable to
ensure compliance with this Ordinance.
—18—
3.4 FOG WASTEWATER DISCHARGE PERMIT FEE
The FOG Wastewater Discharge Permit fee shall be paid by the applicant in an
amount adopted by ordinance or resolution of the City Council
of the n tCITY. Payment of permit fees must be received by the
^CITY prior to issuance of either a new permit or a renewed permit. A
permittee shall also pay any delinquent invoices in full prior to permit renewal.
3.5 FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND
CONDITIONS
A. The terms and conditions of an issued permit may be subject to
modification and change by the sole determination of the FOG Control
Program Ma Rage Fda iron^Manager during the life of the permit based on:
1. The discharger's current or anticipated operating data;
2. The DiStFiG CITY's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the DiGtFiG or
4. A determination by the FOG Control Program Manager that such
modification is appropriate to further the objectives of this
Ordinance.
B. The Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The FOG Control Program
Manager shall review the request, make a determination on the request,
and respond in writing.
C. The Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
3.6 FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL
FOG Wastewater Discharge Permits shall be issued for a period not to exceed
four.(4) years. Upon expiration of the permit, the user shall apply for renewal of
the permit in accordance with the provisions of this Article 3.
3.7 EXEMPTION FROM FOG WASTEWATER DISCHARGE PERMIT
A limited food preparation establishment is not considered a Food Service
Establishment and is exempt from obtaining a FOG Wastewater Discharge
Permit. Exempted establishments shall be engaged only in reheating, hot holding
_19-
or assembly of ready to eat food-products and as a result, there is no wastewater
discharge containing significant amount of FOG, A limited food preparation
establishment does not include any operation that changes the form, flavor, or
consistency of food.
3.8 NON-TRANSFERABILITY OF PERMITS
FOG Wastewater Discharge Permits issued under this Ordinance are for a
specific Food Service Establishment, for a specific operation and create no
vested rights.
A. No permit holder shall assign, transfer, sell any FOG Wastewater
Discharge Permit issued under this.Ordinance nor use any such permit for
or on any premises or for facilities or operations or discharges not
expressly encompassed within the underlying permit.
B. Any Permit Whinh i6 transferred to a new GWRer nr GperateF r+r to a F;
fa£+iit permit, which is transferred to a new owner or operator or to a new
facility, is void.
3.9 FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE
A charge to cover all costs of the DiStFiGtCITY for providing the sewer service and
monitoring shall be established by Ordinance or Resolution of the Bear-ef
Di City Council of the D'StFietCITY.
_20-
ARTICLE 4
FACILITIES REQUIREMENTS
4.1 DRAWING SUBMITTAL REQUIREMENTS
Upon request by the DistFie CITY:
A. Food Service Establishments may be required to submit two copies of
facility site plans, mechanical and plumbing plans, and details to show all
sewer locations and connections. The submittal shall be in a form and
content acceptable to the D+str+stCITY for review of existing or proposed
grease control device, grease interceptor, monitoring facilities, metering
facilities, and operating procedures. The review of the plans and
procedures shall in no way relieve the Food Service Establishments of the
responsibility of modifying the facilities or procedures in the future, as
necessary to produce an acceptable discharge, and to meet the
requirements of this Ordinance or any requirements of other Regulatory
Agencies.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances by
size, location, and elevation for evaluation.
C. Food Service Establishments may be required to submit a schematic
drawing of the FOG control device, grease interceptor or other
pretreatment equipment, piping and instrumentation diagram, and
wastewater characterization report.
D. The tCITY may require the drawings be prepared by a California
Registered Civil or, r'hemi^"', Mechanical, OF E-leGtFisat Engineer.
4.2 GREASE INTERCEPTOR REQUIREMENTS
A. All Food Service Establishments shall provide wastewater acceptable to
the DiSt-ristCITY, under the requirements and standards established herein
before discharging to any,public sewer. Any Food Service Establishment
required to pretreat shall install, operate, and maintain an approved type
and adequately sized grease interceptor necessary to maintain
compliance with the objectives of this Ordinance.
B. 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 FOG Control
-21-
Program Manager and shall have a minimum of two compartments with
fittings designed for grease retention.
C. The grease interceptor shall be installed at a location where it shall be at.
all times easily accessible for inspection, cleaning, and removal of
accumulated grease.
D. Access manholes, with a minimum diameter of 24 . inches, shall be
provided over each grease interceptor chamber and sanitary tee. The
access manholes shall extend at least to finished grade and be designed
and maintained to prevent water inflow or infiltration. The manholes shall
also have readily removable covers to facilitate inspection, grease
removal, and wastewater sampling activities.
4.3 GREASE TRAP REQUIREMENTS
A. Food Service Establishments may be required to install grease traps in the
waste line leading from drains, sink, and other fixtures or equipment where
grease may be introduced into the sewer system in quantities that can
cause blockage.
B. Sizing and installation of grease traps shall conform to the current edition
of the California Plumbing Code.
C. Grease traps shall be maintained in efficient operating conditions by
removing accumulated grease on a daily basis.
D. Grease traps shall be maintained free of all food residues and any FOG
waste removed during the cleaning and scraping process.
E. Grease traps shall be inspected periodically to check for leaking seams
and pipes, and for effective operation of the baffles and flow
re g flow-regulating device. Grease traps and their baffles shall be
maintained free of all caked-on FOG and waste. Removable baffles shall
be removed and cleaned during the maintenance process.
F. Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
4.4 MONITORING FACILITIES REQUIREMENTS
A. The PiGtFistCITY may require the Food Service Establishments to
construct and maintain in proper operating condition at the Food Service
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 FOG Control Program Manager.
-22-
C. Food Service_ Establishments;tpay,shall.be required to provide immediate,
clear, safe and uninterrupted access to the FOG Control Program
Manager or inspectors to the Food Service Establishment's monitoring
and metering facilities.
D. Food Service Establishments may also be required by the FOG Control
Program Manager 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 Ordinance.
E. No Food Service Establishment shall increase the use of water or in any
other manner attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this Ordinance and the
FOG Wastewater Discharge Permit.
4.5 REQUIREMENTS FOR BEST MANAGEMENT PRACTICES
A. All Food Service Establishments shall implement best management
practices in accordance with the requirements and guidelines established
by the DiStFiGtCITY under its FOG Control Program in an effort to minimize
the discharge of FOG to the sewer system.
B. All Food Service Establishments shall be required, at a minimum, to
comply with the following Best Management Practices, when applicable:
1. Installation of drain screens. Drain screens shall be installed on all
drainage pipes in food preparation areas.
2. Segregation and collection of waste cooking oil. All waste cooking
oil shall be collected and stored properly in recycling receptacles
such as barrels or drums. Such recycling: receptacles shall be
maintained properly to ensure that they do not leak. Licensed
waste haw ewaste haulers or an approved recycling facility must
be used to dispose of waste cooking oil.
3. Disposal of food waste. All food waste shall be disposed of directly
into the trash or garbage, and not in sinks.
4. Employee training. Employees of the food service establishment
shall be trained within 180 days of the effective date of this
Ordinance, and twice each calendar year thereafter, on the
following subjects:
a) How to "dry wipe" pots, pans, dishware and work areas
before washing to remove grease.
—23—
b) How to properly dispose of food waste and solids in
enclosed plastic bags prior to disposal in trash bins or
containers to prevent leaking and odors.
c) The location and use of absorption products to clean under
fryer baskets and other locations where grease may be
spilled or dripped.
d) 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 FOG Control Program Manager-or an inspector.
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 signage. . Best management and waste minimization
practices shall be posted conspicuously in the food preparation and
dishwashing areas at all times.
4.6 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 FOG
Control Program Manager 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. Food Service Establishments with grease interceptors may be required to
submit data and information necessary to establish the maintenance
frequency grease interceptors.
E. The maintenance frequency for all Food Service Establishments with a
grease interceptor shall be determined in one of the following methods:
-24-
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 Food Service Establishments with a Grease Interceptor shall
maintain their grease interceptor not less than,,every 6 months.
3. Grease interceptors shall be fully pumped out and cleaned
quarterly when the frequency described in (1) 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 (1) and
guidelines adopted pursuant to the FOG Control Program. The
DiStFiGtCITY may change the maintenance frequency at any time to
reflect changes in actual operating conditions in accordance with
the FOG Control Program. Based on the actual generation of FOG
from the Food Service Establishment, the maintenance frequency
may increase or decrease.
4. The owner/operator of a Food Service Establishment may submit a
request to the FOG Control Program Manager requesting a change
in the maintenance frequency at any time. The Food Service
Establishment has the burden of responsibility to demonstrate that
the requested change in frequency reflects actual operating
conditions based on the average FOG accumulation over time and
meets the requirements described in (1), and that it is in full
compliance with the conditions of its permit and this Ordinance.
Upon determination by the FOG Control Program Manager that
requested revision is justified, the permit shall be revised
accordingly to reflect the change in maintenance frequency.
5. If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in (1),
the Food Service Establishment 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 FOG
Control Program Manager may also increase the maintenance
frequency of the grease interceptor from the current frequency.
—25—
ARTICLE 5
MONITORING, REPORTING, NOTIFICATION, AND INSPECTION REQUIREMENTS
5.1 MONITORING AND REPORTING CONDITIONS
A. Monitoring for Compliance with Permit Conditions and Reporting
Requirements
1. The FOG Control Program Manager may require periodic reporting
of the status of implementation of Best Management Practices, in
accordance with the FOG Control Program.
2. The- FOG Control Program Manager may require visual monitoring
at the sole expense of the Permittee to observe the actual
conditions of the Food Service Establishment's sewer lateral and
sewer lines downstream.
3. The —FOG Control Program Manager may require reports for
self-monitoring of wastewater constituents and FOG characteristics
of the Permittee needed for determining compliance with any
conditions or requirements as specified in the FOG Wastewater
Discharge Permit or this Ordinance. Monitoring reports of the
analyses of wastewater constituents and FOG characteristics shall
be in a manner and form approved by the- FOG Control Program
Manager and shall be submitted upon request of the FOGthe FOG
Control Program Manager. Failure by the Permittee to perform any
required monitoring, or to submit monitoring reports required by toe
€ the FOG Control Program Manager constitutes a violation of
this Ordinance and be cause for the ();GtriG 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 the FOG Wastewater
Discharge Permit or in this Ordinance. The Permittee shall be
responsible for any and all expenses of the DiStFiGtCITY in
undertaking such monitoring analyses and preparation of reports.
4. Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other
reports deemed reasonably appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
B. Record Keeping Requirements
-26-
The Permittee 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
two years. The Permittee shall, upon request, make the manifests,
receipts and invoices available to any B}stCITY representative, or
inspector. These records may include:
1. A logbook of grease interceptor, grease trap or 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 wastehaulipgwaste hauling
interceptor contents.
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 FOG Control
Program Manager to ensure compliance with this Ordinance.
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 DietFistCITY, or to
tamper with or knowingly render inoperable any grease control device,
monitoring device or method or access point required under this
Ordinance.
5.2 INSPECTION AND SAMPLING CONDITIONS
A. The--€ The FOG Control Program Manager may inspect or order the
inspection and sample the wastewater discharges of any Food Service
Establishment to ascertain whether the intent of this Ordinance is being
met and the Permittee is complying with all requirements. The Permittee
shall allow the B+stFiG CITY access to the Food Service Establishment
premises, during normal business hours, for purposes of inspecting the
Food Service 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—€OCThe FOG Control Program Manager shall have the right to place
or order the placement on the Food Service Establishment's property or
other locations as determined by the—FOQthe FOG Control Program
Manager, such devices as are necessary to conduct sampling or metering
operations. Where a Food Service Establishment has security measures
in force, the Permittee shall make necessary arrangements so that
—27—
representatives of the 8+str-iBtCITY shall be permitted to enter without
delay for the purpose of performing their specific responsibilities.
C. In order for the- FOG Control Program Manager to determine the
wastewater characteristics of the discharger for purposes of determining
the annual use charge and for compliance with permit requirements, tl4e
PeF tithe Permittee shall make available for inspection and copying by
the Distp;GtCITY all notices, monitoring reports, waste manifests, and
records including, but not limited to, those related to wastewater
generation, and wastewate and wastewater disposal without restriction
but subject to the confidentiality provision set forth in this Ordinance. All
such records shall be kept by the Permittee a minimum of two (2) years.
5.3 RIGHT OF ENTRY
Persons or occupants of premises where wastewater is .created or discharged
shall allow the- FOG Control Program Manager, or D 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. No person
shall interfere with, delay, resist or refuse entrance to ID+sttristCITY
representatives attempting to inspect any facility involved directly or indirectly
with a discharge of wastewater to the [DiStFiGCITY's sewer system.
5.4 NOTIFICATION OF SPILL
A. In the event a permittee is unable to comply with any permit condition due
to a breakdown of equipment, accidents, or human error or the Permittee
has reasonable opportunity to know that his/her/its discharge will exceed
the discharge provisions of the FOG Wastewater Discharge Permit or this
Ordinance, the discharger shall immediately notify the DistFiGtCITY by
telephone at the number specified in the Permit. If the material
discharged to the sewer has the potential to cause or results in sewer
blockages or SSOs, the discharger shall immediately notify the local
Health Department, Gity E)F GGwft and the gistFiGtCITY.
B. Confirmation of this notification shall be made in writing to the FOG
Control Program Manager at the address specified in the Permit 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 Permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage or
loss to the DiGtFiG CITY or any other damage or loss to person or property;
-28-
� s
nor shall such notification relieve the Permittee of any fees or other liability
which may be imposed by this Ordinance or other applicable law.
—29—
•
ARTICLE 6
ENFORCEMENT
6.1 PURPOSES AND SCOPE
A. The Beard Gf DiFGGtGFSCity Council finds that in order for the FiGtCITY
to comply with the laws, regulations, and rules imposed upon it by
Regulatory Agencies and to ensure that the Dis-tFiGtCITY's sewer facilities
are protected and are able to operate with the highest degree of efficiency,
and to protect the public health and environment, specific enforcement
provisions must be adopted to govern the discharges to the D iEtCITY's
system by Food Service Establishments.
B. To ensure that all interested parties are afforded due process of law and
that violations are resolved as soon as possible, the general policy of the
GistFistCITY is that:
1. Any determination relating to a notice of violation and Compliance
Schedule Agreement (CSA) will be made by the FOG Control
Program Manager, with a right of appeal by the permittee to the
dal--Manage rDirector of Public Works pursuant to the
procedures set forth in Section 6.12.
2. A permittee, or applicant for a permit may request the BsaFd 9
I3ireetGFGCity Council of the DiStFiG CITY to hear an appeal of the
General MaRa eFDirector of Public Works's decision pursuant to
Section 6.13. Such request may be granted or denied by the BeaFd
City Council.
3. Any permit suspension or revocation recommended by the FOG
Control Program Manager will be heard and a recommendation
made to the GeneFal MaRage Director of Public Works or other
person designated by the GeneFal MaRage irector of Public
Works with a right of appeal of the General Manage Director of
Public Works's order by the permittee to the Beard ef DiFeGteFsCity
Council pursuant to the provisions of Section 6.13.
C. The DiStFiGtCITY, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in Article 6 in response to any permit or
Ordinance violations.
—30-r
6.2 DETERMINATION OF NONCOMPLIANCE WITH FOG WASTEWATER
DISCHARGE PERMIT CONDITIONS
A. Sampling and Inspection Procedures
1. Sampling and inspection of Food Service Establishments shall be
conducted in the time, place, manner, and frequency determined at
the sole discretion of the- FOG Control Program Manager.
2. Noncompliance with permit discharge conditions, or any discharge
provisions of this Ordinance may be determined by an inspection of
grease control device, grease interceptor and associated manifest
and documentation; and analysis of a grab or composite sample of
the effluent of a Food Service Establishment.
3. Any sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
6.3 COMPLIANCE SCHEDULE AGREEMENT (CSA)
A. Upon determination that a permittee is in noncompliance with the terms
and conditions specified in its permit or any provision of this Ordinance, or
needs to construct and/or acquire and install a grease control device or
grease interceptor, the FOG Control Program Manager may require the
permittee to enter into a CSA.
B. The issuance of a CSA may contain terms and conditions including but not
limited to requirements for installation of a grease control device, grease
interceptor and facilities, submittal of drawings or reports, audit of waste
hauling records, best management and waste minimization practices,
payment of fees, or other provisions to ensure compliance with this
Ordinance.
C. The- FOG Control Program Manager shall not enter into a-n CSA until such
time as all amounts owed to the tic-tCITY, including user fees,
noncompliance sampling fees;sf, or other amounts due are paid in full, or
an agreement for deferred payment secured by collateral or a third party,
is approved by the FOG Control Program Manager.
D. If compliance is not achieved in accordance with the terms and conditions
of a CSA during its term, the FOG Control Program Manager may issue
an order suspending or revoking the discharge permit pursuant to Section
6.4 or 6.5 of this Ordinance.
—31—
6.4 PERMIT SUSPENSION
A. The General Director of Public Works may suspend any permit
when it is determined that a permittee:
1. Fails to comply with the terms and conditions of a CSA order.
2. Knowingly provides a false statement, representation, record,
report, or other document to the DiStFiGtCITY.
3. Refuses to provide records, reports, plans, or other documents
required by the DiStriGtCITY to determine permit terms or
conditions, discharge compliance, or compliance with this
Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
6. Does not make timely payment of all amounts owed to the
n�tCITY for user charges, permit fees, or any other fees
imposed pursuant to this Ordinance.
7. Causes interference, sewer blockages, or SSOs with the
D'stFiG CITY's collection, treatment' nr disposal system.
8. Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of the
DiStrIG0TY's Ordinance.
B. When the FOG Control Program Manager has reason to believe that
grounds exist for permit suspension, he/she shall give written notice
thereof by certified mail to the permittee setting forth a statement of the
facts and grounds deemed to exist, together with the time and place
where the charges shall be heard by the General MaRanerDirector of
Public Works or his/her designee. The hearing date shall be not less than
fifteen (15) calendar days nor more than forty-five (45) calendar days after
the mailing of such notice.
1. At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the dal
Manage Director of Public Works and approved by the
DistFir.tCITY's General Counsel.
�32�
i
2. If the GeReFal Manage Director of Public Works designated a
hearing officer, after the conclusion of the hearing, the hearing
officer shall submit a written report to the ro., 4 MaRa e Director
of Public Works setting forth a brief statement of facts found to be
true, a determination of the issues presented, conclusions, and a
recommendation.
3. Upon receipt of the written report of a hearing officer or conclusion
of the hearing, if the ('eReFal Manage Director of Public Works
conducted the hearing, the General MaRagerDirector of Public
Works shall make his/her determination and should he/she find that
grounds exist for suspension of the permit, he/she shall issue
his/her decision and order in writing within thirty (30) calendar days
after the conclusion of the hearing. The written decision and order
of the Generaa-MaRagerDirector of Public Works shall be sent by
certified mail to the permittee or its legal counsel/representative at
the permittee's business address.
C. Effect
1. Upon an order of suspension by the GeReFal-MaRage irector of
Public Works becoming final, the permittee shall immediately cease
and desist its discharge and shall have no right to discharge any
wastewater containing FOG directly or indirectly to the
+stCITY's system for the duration of the suspension. All costs
for physically terminating and reinstating service shall be paid by
the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
3. An order of permit suspension issued by the GeRer-af
Manage Director of Public Works shall be final in all respects on the
sixteenth (16th) day after it is mailed to the permittee unless a
request for hearing is filed with the City Council
of the ^CITY pursuant to Section 6.13. no later than 5:00 p.m.
on the fifteenth (15th) day following such mailing.
6.5 PERMIT REVOCATION
A. The General-MAeeage Director of Public Works may revoke any permit
when it is determined that a permittee:
1. Knowingly provides a false statement, representation, record,
report, or other document to the Distri CITY.
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2. Refuses to provide records, reports, plans, or other documents
required by the Dist-r+etCITY to determine permit terms, conditions,
discharge compliance, or compliance with this Ordinance.
3. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
4. Fails to comply with the terms and conditions of permit suspension
or CSA.
5. Discharges effluent to the DiStFiGCITY's sewer system while its
permit is suspended.
6. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
7. Does not make timely payment of all amounts owed to the
DistF'c-tCITY for user charges, permit fees, or any other fees
imposed pursuant to this Ordinance.
8. Causes interference, sewer blockages, or SSOs with the
nStFiGtCITY collection, treatment, or disposal system.
9. Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of the
DiStFiGCITY's Ordinance.
B. Approval. When the FOG Control Program Manager has reason to
believe that grounds exist for the revocation of a permit, he/she shall give
written notice by certified mail thereof to the permittee setting forth a
statement of the facts and grounds deemed to exist together with the time
and place where the charges shall be heard by the General
MaflagerDirector of Public Works or his/her designee. The hearing date
shall be not less than fifteen (15) calendar days nor more than forty-five
(45) calendar days after the mailing of such notice.
1. At the hearing, the permittee shall have an opportunity to respond
to the allegations set forth in the notice by presenting written or oral
evidence. The revocation hearing shall be conducted in
accordance with the procedures established by the GeneFat
MaaagerDirector of Public Works and approved by the
9+striG CITY's General Counsel.
2. If the GeReFal Manage Director of Public Works designated a
hearing officer, after the conclusion of the hearing, the hearing
officer shall submit a written report to the GeReFal Manage Director
of Public Works setting forth a brief statement of facts found to be
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true, a determination of the issues presented, conclusions, and a
recommendation. .
3. Upon receipt of the written report by the hearing officer, or
conclusion of the hearing, if the General Manage Director of Public
Works conducted the hearing, the GeneFal Manage Director of
Public Works shall make his/her determination and should he/she
find that grounds exist for permanent revocation of the permit,
he/she shall issue his/her decision and order in writing within thirty
(30) calendar days after the conclusion of the hearing. The written
decision and order of the GeReral MaRage Director of Public Works
shall be sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
In the event the General Manage Director of Public Works
determines to not revoke the permit, he/she may order other
enforcement actions, including, but not limited to, a temporary
suspension of the permit, under terms and conditions that he/she
deems appropriate.
C. Effect
1. Upon an order of revocation by the GeF;eFal Manager Director of
Public Works becoming final, the permittee shall permanently lose
all rights to discharge any wastewater containing FOG directly or
indirectly to the DistNG CITY's system. All costs for physical
termination shall be paid by the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
3. Any future application for a permit at any location within the
Distr-ie4CITY by any person associated with an order of revocation
will be considered by the DistFi CITY after fully reviewing the
records of the revoked permit, which records may be the basis for
denial of a new permit.
4. An order of permit revocation issued by the General
Manage Director of Public Works shall be final in all respects on the
sixteenth (16th) day after it is mailed to the permittee unless a
request for hearing is filed with the BeaFd ef DiFeGtGFSCity Council
pursuant to Section 6.13 no later than 5:00 p.m. on the fifteenth
(15th) day following such mailing.
6.6 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any person who discharges any waste, including but not limited to those
listed under 40 CFR 403.5, which causes or contributes to any sewer
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blockage, SSOs, obstruction; interference, damage, or any other
impairment to the DiStFiG CITY's sewer facilities or to the
operation of those facilities shall be liable for all costs required to clean or
repair the facilities together with expenses incurred by the DiGt-riG CITY to
resume normal operations. A service charge of twenty-five percent (25%)
Of iG CITY's costs shall be added to the costs and charges to
reimburse the O+stFiG CITY for miscellaneous overhead, including
administrative personnel and record keeping. The total amount shall be
payable within forty five (45) days of invoicing by the Di6trietCITY.
B. Any person who discharges a waste which causes or contributes to the
[DCITY violating its discharge requirements established by any
Regulatory Agency incurring additional expenses or suffering losses or
damage to the facilities, shall be liable for any costs or expenses incurred
by the Distr-istCITY, including regulatory fines, penalties, and assessments
made by other agencies or a court.
6.7 PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any
order issued by the FOG Control Program Manager or Gene al Manage Director
of Public Works, as authorized by this Ordinance, is hereby declared a public
nuisance and shall be corrected or abated as directed by the FOG Control
Program Manager or GeneFal MaRagerDirector of Public Works. Any person
creating a public nuisance is guilty of a misdemeanor.
6.8 TERMINATION OF SERVICE
A. The ID CITY, by order of the General Manage Director of Public
Works, may physically terminate sewer service to any property as follows:
1. On a term of any order of suspension or revocation of a permit; or
2. Upon the failure of a person not holding a valid FOG Wastewater
Discharge Permit to immediately cease the discharge, whether
direct or indirect, to the Dish CITY's sewer facilities after the
notice and process in Section 6.5 herein.
B. All costs for physical termination shall be paid by the owner or operator of
the Food Service Establishment or permittee as well as all costs for
reinstating service.
6.9 EMERGENCY SUSPENSION ORDER
A. The Dis#iratCITY may, by order of the GeneFal MaRagexDirector of Public
Works, suspend sewer service when the GeReF l Manage Director of
Public Works determines that such suspension is necessary in order to
stop an actual or impending discharge which presents or may present an
.�36�
imminent or substantial endangerment to the health and welfare of
persons, or to the environment, or may cause SSOs, sewer blockages,
interference to the DiStFiG CITY's sewer facilities, or may cause the
DiStFiGCITY to violate any State or Federal Law or Regulation. Any
discharger notified of and subject to an Emergency Suspension Order
shall immediately cease and desist the discharge of all wastewater
containing FOG to the sewer system.
B. As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (54
business) —daysbusiness days following the issuance of such order, the
Ge Reml Manage Director of Public Works shall hold a hearing to provide
the Food Service Establishment or Permittee the opportunity to present
information in opposition to the issuance of the Emergency Suspension
Order. Such a hearing shall not stay the effect of the Emergency
Suspension Order. The hearing shall be conducted in accordance with
procedures established by the GeReral MaRage Director of Public Works
and approved by the IDiStFiGtCITY's General Counsel. The GeReFai
MaRage,FDirector of Public Works shall issue a written decision and order
within two (2) business days following the hearing, which decision shall be
sent by certified mail to the Food Service Establishment or its legal
counsel/representative at that Food Service Establishment's business
address. The decision of the General Manage irector of Public Works
following the hearing shall be final and not appealable to the Board, but
may be subject to judicial review pursuant to Section 6.16.
6.10 CIVIL PENALTIES
A. All users of the DistFic-tCITY's system and facilities are subject to
enforcement actions administratively or judicially by the Distri CITY, U.S.
EPA, State of California Regional Water Quality Control Board, the County
of Orange or istCITY Attorney. Said.actions may be taken pursuant
to the authority and provisions of several laws, including but not limited to:
(1) Federal Water Pollution Control Act, commonly known as the Clean
Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-
Cologne Water Quality Control Act (California Water Code Section 13000
et seq.); (3) California Hazardous Waste Control Law (California Health &
Safety Code Sections 25100 to 25250); (4) Resource Conservation and
Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5)
California Government Code, Sections 54739-54740.
B. In the event the OlstFistCITY is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by the 9istFistCITY, as
caused by the discharge of any user of the PistriG CITY's system which is
in violation of any provision of the r+GtCITY's Ordinance or the user's
—37—
permit, the DiStFiG CITY shall be entitled to recover from the user all costs
and expenses, including, but not limited to, the full amount of said fines or
penalties to which it has been subjected.
C. Pursuant to the authority of California Government Code Sections 54739 -
54740, any person who violates any provision of this Ordinance; any
permit condition, prohibition or effluent limit; or any suspension or
revocation order shall be liable civilly for a sum not to exceed $25,000.00
per violation for each day in which such violation occurs. Pursuant to the
authority of the Clean Water Act, 33 U.S.C. Section 1251 et seq., any
person who violates any provision of this Ordinance, or any permit
condition, prohibition, or effluent limit shall be liable civilly fora sum not to
exceed $25,000.00 per violation for each day in which such violation
occurs. The General Counsel of the Di6tFiGtCITY, upon request of the
Genes l MaRa9efDirector of Public Works, shall petition the Superior
Court to impose, assess, and recover such penalties, or such other
penalties as the D CITY may impose, assess, and recover pursuant
to Federal and/or State legislative authorization.
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the 8+6 tCITY may issue an administrative
complaint to any person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit; or
c) any suspension or revocation order.
2. The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
sixty (60) days following service. The administrative complaint will
allege the act or failure to act that constitutes the violation of the
DistFiGtCITY's regulations, the provisions of law authorizing civil
liability to be imposed, and the proposed civil penalty. The matter
shall be heard by the GeReFal MaRage Director of Public Works or
his/her designee. The person to whom an administrative complaint
has been issued may waive the right to a hearing, in which case a
hearing will not be conducted.
3. At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by
presenting written or oral evidence. The hearing shall be
conducted in accordance with the procedures established by the
—38-r
i !►
Ge-R8F+l MaRagerDirector of Public Works and approved by the
JDirstrir__tCITY's General Counsel
4. If the GeReFal MaRage Director of Public Works designated a
hearing officer, after the conclusion of the hearing, the hearing
officer shall submit a written report to the Ge Rernl Manager Director
of Public Works setting forth a brief statement of,:the facts found to
be true, a determination of the issues presented, conclusions, and
a recommendation. _...
5. Upon receipt of the written report by the hearing officer, or
conclusion of the hearing if the G neFal MaRagerDirector of Public
Works conducted the hearing, the GeRerel Manage Director of
Public Works shall make his/her determination and should he/she
find that grounds exist for assessment of a civil penalty against the
person, he/she shall issue his/her decision and order in writing
within thirty (30) calendar days after the conclusion of the heaFieg
.hearing.
6. If, after the hearing or appeal, if any, it is found that the person has
violated reporting or discharge requirements, the Geeeral
MaRagerDirector of Public Works or BGaM ef DiFeGtGrsCity Council
may assess a civil penalty against that person. In determining the
amount of the civil penalty, the General-ManagerDirector of Public
Works or BeaFd e [Dinc-t9 City Council may take into
consideration all relevant circumstances, including but not limited to
the extent of harm caused by the violation, the economic benefit
derived through any non-compliance, the nature and persistence of
the violation, the length of time over which the violation occurs, and
corrective action, if any, attempted or taken by the person involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
required reports;
b) In an aFnGURt Whinh hall net exceed throe thr,i to•�nd rdellaFs
a�u��u uvnu
( 0 . s#amount, which shall not exceed three
thousand dollars ($3,000.00) for each, day for failing or
refusing to timely comply with any compliance schedules
established by the 9is#FiGtCITY;
c) In an amewi:it whis#amount, which shall not exceed five
thousand dollars ($5,000.00) per violation for each day of
discharge in violation of any waste discharge limit, permit
�39�
condition, or requirement issued, reissued, or adopted by the
8+stristCITY;
d) In any ameuRt-wh amount, which does not exceed ten
dollars ($10.00) per gallon for discharges in violation of any
suspension, revocation, cease and desist order or other
orders, or prohibition issued, reissued, or adopted by the
DiStFiGtCITY;
8. An order assessing administrative civil penalties issued by the
General—meager-Director of Public Works shall be final in all
respects on the thirty-first (31st) day after it is served on the person
unless an appeal and request for hearing is filed with the Bear-e#
DirestGFSCity Council pursuant to Section 6.13 no later than the
thirtieth (30th) day following such mailing. An order assessing
administrative civil penalties issued by the E3eaFd of DiFeGtGFSCity
Council shall be final upon issuance.
9. Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal service
or by registered mail to the person at his/her/its business or
residence address, and upon other persons who appeared at the
hearing and requested a copy of the order.
10. Any person aggrieved by a final order issued by the Beard-9
^i�tGFSCity Council, after granting review of the order of the
GeReral RagerDirector of Public Works, may obtain review of the
order of the City Council in the superior court,
pursuant to Government Code Section 54740.6, by filing in the
court a petition for writ of mandate within thirty (30) days following
the service of a copy of the decision or order issued by the Beafd-ef
DiFesteFSCity Council.
11. Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
The amount of any administrative civil penalties imposed shall
constitute a debt to the DiStFiG CITY.
12. No administrative civil penalties shall be recoverable for any
violation for which the DiStFiG CITY has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
6.11 CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance is guilty of a
misdemeanor, which upon conviction is punishable by a fine not to exceed
$1,000.00, or imprisonment for not more than 6 months, or both. Each violation
-40-
and each day,in which a violation occurs may constitute a new and separate
violation of this Ordinance and shall be subject to the penalties contained herein.
6.12 APPEALS TO GENERAL en NAGEmDIRECTOR OF PUBLIC WORKS
A. Any Food Service Establishment, permit applicant or permittee affected by
any decision, action or determination made by the FOG Control Program
Manager or notice of violation issued by any DiStFiGtCITY inspector may
- file with the GeneFal Manage Director of Public Works a written request for
an appeal hearing. The request must be received by the DiStFiGtCITY
within fifteen (15) days of mailing of notice of the decision, action, or
determination of the- FOG Control Program Manager to the appellant.
The request for hearing shall set forth in detail all facts supporting the
appellant's request.
B. The General Mahage Director of Public Works shall, within fifteen (15)
days of receiving the request for appeal, designate a DepaFtmen+ Division
Head or other person to hear the appeal and provide written notice to the
appellant of the hearing date, time and place. The hearing date shall not
be more than thirty (30) days from the mailing of such notice by certified
mail to the appellant unless a laieF date-ir agFeed tG by the appe4 R the
appellant agrees to a later date. If the hearing is not held within said time
due to actions or inactions of the appellant, then the staff decision shall be
deemed final.
C. At the hearing'r the appellant shall have the opportunity to present
information supporting its position concerning the FOG Control Program
Manager's decision, action or determination. The. hearing shall be
conducted in accordance with procedures established by the General
ManagefDirector of Public Works and approved by the ID;StFiG CITY's
General Counsel.
D. After the conclusion of the hearing, the DepaFt ent Division Head (or
other designee) shall submit a written report to the General
ManegerDirector of Public Works setting forth a brief statement of facts
found to be true, a determination of the issues presented, conclusions,
and a recommendation whether to uphold, modify or reverse the FOG
Control Program Manager's original decision, action or determination.
Upon receipt of the written report, the GeneFal MaRagefDirector of Public
Works shall make his/her determination and shall issue his/her decision
and order within thirty (30) calendar days of the hearing by his/her
designee. The written decision and order of the roller^' nn^RageFDirector
of Public Works shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the General/City Manager shall be final in all respects on the
sixteenth (16th) day after it is mailed to the appellant unless a request for
-41
hearing is filed with the City Council pursuant to Section -
6.13, no later than 5:00 p.m. on the fifteenth day following such mailing.
6.13 APPEALS TO THE CITY COUNCIL
A. Any Food Service Establishment, permit applicant, or permittee adversely
affected by a decision, action, or determination made by the General
ManagerDirector of Public Works may, prior to the date that the GeReral
Manage Director of Public Works's order becomes final, file a written
request for hearing before the City Council
accompanied by an appeal fee in the amount established by a separate
resolution of the tCITY's E3GaFd ef DiFeGtGFSCity Council. The
request for hearing shall set forth in detail all the issues in dispute for
which the appellant seeks determination and all facts supporting
appellant's request.
No later than sixty (60) days after receipt of the request for hearing, the
Beard ef City Council shall either set the matter for a hearing, or
deny the request for a hearing.
A hearing shall be held by the City Council within sixty-
five (65) days from the date of determination granting a hearing, unless a
later date is agreed to by the appellant and the City
Council. If the matter is not heard within the required time, due to actions
or inactions of the appellant, the General Mai;age Director of Public
°sWorks' order shall be deemed final.
B. The BeeFd of IDOFBGtGFSCity Council shall grant all requests for a hearing on
appeals concerning permit suspension, revocation, or denial. Whether to
grant or deny the request for a hearing on appeals of other decisions of
the GeReFal MaRagerDirector of Public Works shall be within the sole
discretion of the City Council.
C. The appeal fee shall be refunded if the City Council
denies a hearing or reverses or modifies, in favor of the appellant, the
order of the GeneFal Manage Director of Public Works. The fee shall not
be refunded if the City Council denies the appeal.
D. After the hearing, the Beard of DiFeGtGFSCity Council shall make a
determination whether to uphold, modify, or reverse the decision, action,
or determination made by the GeRBFal Manage Director of Public Works.
The decision of the City Council shall be set forth in
writing within sixty-five (65) days after the close of the hearing and shall
contain a finding of the facts found to be true, the determination of issues
presented, and the conclusions. The written decision and order of the
City Council shall be sent by certified mail to the
_42—
appellant or its legal counsel/representative. at the appellant's business
address.
The order of the City Council shall be final upon its
adoption. In the event the City Council fails to reverse
or modify the General Manage Director of Public'sWorks' order, it shall be
deemed affirmed.
6.14 PAYMENT OF CHARGES
A. Except as otherwise provided, all fees, charges and penalties established
by this Ordinance are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid forty-five (45) days after date of
invoice.
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty-six (46) days after date of invoice, a basic penalty of ten
percent (10%) of the base invoice amount, not to exceed a
maximum of $1,000.00; and
2. A penalty of one and one-half percent (1.5%) per month of the base
invoice amount and basic penalty shall accrue from and after the
forty-sixth (46th) day after date of invoice.
C. Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the DiGtFi CITY receives written
notification of said appeal prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
[DistFiG review of any appeal submitted by permittees.
Collection of Delinquent Accounts
Collection of delinquent accounts shall be in accordance with the DiStFistCITY's
policy resolution establishing procedures for collection of delinquent obligations
owed to the IN&I CITY, as amended from time to time by the 13eaFd e#
nlGFSCity Council. Any such action for collection may include an application
for an injunction to prevent repeated and recurring violations of this Ordinance.
6.15 FINANCIAL SECURITY/AMENDMENTS TO PERMIT
A. Delinquent Accounts
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0 •
The ie CITY may require an amendment to the`permit of any
Permittee who fails to make payment in full of all fees and charges
assessed by the IDiStFictCITY, including reconciliation amounts,
delinquency penalties, and other costs or fees incurred by the Permittee.
B. Bankruptcy
Every Permittee filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes of
discharging its financial debts or obligations or seeking court-ordered,
protection from its creditors, shall, within ten (10) days of filing such action,
apply for and obtain the issuance of an amendment to its permit.
C. Securi
An amendment to a waste discharge permit issued, may be conditioned
upon the Permittee depositing financial security in an amount equal to the
average total fees and charges for two (2) calendar quarters during the
preceding year. Said deposit shall be used to guarantee payment of all
fees and charges incurred for future services and facilities furnished by
DiStFIGtCITY and shall not be used by the iG CITY to recover
outstanding fees and charges incurred prior to the Permittee filing and
receiving protection from creditors in the United States Bankruptcy Court.
D. Return of Security
In the event the Permittee makes payment in full within the time
prescribed by this Ordinance of all fees and charges incurred over a
period of two (2) years following the issuance of an amendment to the
permit, the IDi6tFiG shall either return the security deposit posted by
the Permittee or credit their account.
6.16 JUDICIAL REVIEW
A. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
BistristCITY hereby enacts this part to limit to ninety (90) days following
final decisions in adjudicatory administrative hearings the time within
which an action can be brought to review such decisions by means of
administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1. Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit.
--44—
2. Complete Record shall mean and include the. transcript, if any
exists, of the proceedings, all pleadings, all notices and orders, any
proposed decision by the i +etCITY's officers, agents, or
employees, the final decision, all admitted exhibits, all rejected
exhibits in the possession of the DiStFIGtCITY or its officers, agents
or employees, all written evidence, and any other papers in the
case.
C. Time Limit for Judicial Review. Judicial review of -any decision of the
DiStFIGtCITY or its officer or agent may be made pursuant to Section
1094.5 of the Code of Civil Procedure only if the petition for writ of
mandate is filed not later than the ninetieth (90th) day following the date
on which the decision becomes final. If there is no provision for
reconsideration in the procedures governing the proceedings or if the date
is not otherwise specified, the decision is final on the date it is made. If
there is provision for reconsideration, the decision is final upon the
expiration of the period during which such reconsideration can be sought;
provided that if reconsideration is sought pursuant to such provision the
decision is final for the purposes of this Section on the date that
reconsideration is rejected.
D. The complete record of the proceedings shall be prepared by the
DistFistCITY officer or agent who made the decision and shall be delivered
to the petitioner within ninety (90) days after he/she has filed written
request tk Ftherefore. The IDistristCITY may recover from the
petitioner its actual costs for transcribing or otherwise preparing the
record.
E. If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on
which the record is either personally delivered or mailed to the petitioner
or the petitioners attorney of record, if appropriate.
F. In making a final decision, the ID CITY shall provide notice to the party
that Section 1094.6 of the Code of Civil Procedure governs the.time within
which judicial review must be sought.
G. Notwithstanding the foregoing in this Section 6.16, and pursuant to
Government Code Section 54740.6, judicial review of an order of the
City Council imposing administrative civil penalties
pursuant to Section 6.10.D may be made only if the petition for writ of
mandate is filed not later than the thirtieth (30th) day following the day on
which the order of the City Council becomes final.
_45—
ARTICLE 7
SEVERABILITY
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not
affect the validity of this entire Ordinance or any of the remaining portions hereof. The
City Council hereby declares that it would have passed this
Ordinance, and each section, subsection, subdivision, sentence, clause or phrase
hereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sees, clauses or phrases be declared unconstitutional or otherwise invalid.
—46—
ARTICLE 8
CALIFORNIA BUILDING STANDARDS LAW FINDINGS
Pursuant to the provisions of the California Building Standards Law, California Health
and Safety Code §§ 18941.5, 17958, 17958.5 and 17958.7, the BGaFd-City hereby finds
that the amendments to the State Building Standards and Housing Laws, more
particularly the California Plumbing Code, adopted herein are necessary because of
climatic, geological or topographical conditions of property in the Distric-tCITY's
jurisdiction, and as more specifically described below.
A. Articles 2 and 4 modify the authority and discretion of the "Administrative
Authority" of Section 1014.1 of the 2001 California Plumbing Code by
requiring all Food Service Establishments to install and operate a grease
control device, which may be a grease interceptor or grease trap, if no
other device, mechanism, or process is found to successfully trap or
collect or treat FOG prior to it being discharged into the sewer system.
B. Article 4 modifies the general maintenance requirements for grease
interceptors of Section 1014.6 of the 2001 California Plumbing Code and
establishes more specific maintenance requirements.
FINDINGS FOR "A" AND "B": The B+stric4CITY's topography and
geography that has created the Santa Ana Watershed and the
DiStFiG CITY's proximity to the Pacific Ocean coupled with the general
waste discharge requirements imposed by the RWQCB require the strict
compliance with grease control device regulations to prevent sewer
system overflows that threaten the health and safety of the public within
the immediate vicinity of the overflow and downstream to the local
beaches.
C. ADMINISTRATIVE-PROCEDURAL AMENDMENTS. Additional
amendments and deletions to the California Plumbing Code are found to
be administrative or procedural and are found to be reasonable and
necessary to safeguard life and property within the DiStk;
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ARTICLE 9
FILING WITH CALIFORNIA BUILDING STANDARDS COMMISSION
A copy of this Ordinance shall be filed with the California Building Standards
Commission and the California Department of Housing and Community Development by
the City Clerk as required by State law (Health & Safety Code
Section 17958.7).
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• i
ARTICLE 10
EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption and a summary shall be
published in a newspaper of general circulation as provided by law.
PASSED AND ADOPTED"this-- "" day of , 2004 by the following
vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
Mayor
CITYOF HUNTINGTON BEACH
Attest:
Secretary of the City Clerk
GeneFal City Attorney
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