Anaheim Municipal Code Ch. 10.08 Domestic and Industrial Waste

Sections:

* Prior ordinance history: Ords. 667 and 795.

Authority to construct and maintain drains and sewers — See California Government Code § 38900.

Sewer Right-of-Way Law of 1921 — See California Government Code §§ 39000 — 39374.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as follows:

"B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20° C, expressed in milligrams per liter.

"Building" means any structure built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

"Building drain" means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning two feet from the building wall.

"Building sewer" means the extension from the building drain to the public sewer or other place of disposal.

"Cesspool" means an excavation in the ground made for receiving crude sewage and so constructed that the solid matter is retained and the liquid portion is permitted to seep away.

"City" means the City of Anaheim, a municipal corporation of the State of California.

“Districts” mean the Orange County Sanitation District, their managers or employees.

"Domestic sewage" means the waterborne wastes associated with human habitations and may be contaminated with human excreta, offal or feculent matter.

"Dry well" means an excavation in the ground made for receiving the overflow from a swimming pool or water tank.

"Effluent" means partially or completely treated sewage flowing out of any sewage treatment device.

“Engineer” means the City Engineer of the City of Anaheim, or his/her authorized representative.

"Ether soluble matter" — see definition of "grease."

"Floatable oil and grease" means the oil and grease floating on the surface of the sample of water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to a depth of thirty centimeters.

"Floating hydrocarbon oil" means the amount of hydrocarbon floating to the surface of a sample of water under the same conditions as prescribed in the definition of "floatable oil and grease."

"Grab sample" means a sample of effluent taken at the inspection manhole as a representative of flow at an instant of time.

"Garbage" means solid food wastes from the domestic and commercial preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

"Grease" (ether soluble matter) is defined in "Standard Methods" and includes waxes, fats, oils and other nonvolatile materials tested as determined by the current edition of "Standard Methods."

“Industrial waste” means the waterborne waste from industrial manufacturing process, trade or business as distinct from domestic sewage. It does not include waste water or sewage from the operations of restaurants, hotels, vehicle service stations, wash racks, garages, single or multiple residences or places of retail business. Also, it does not include the waste waters from lunch rooms, toilets or washrooms in industrial establishments.

"Industrial waste pretreatment system" means any works or device for pretreatment of industrial liquid wastes prior to discharge into the public sewer.

"Inspector" means the Chief Building Inspector of the City of Anaheim or his authorized representative.

"Interceptor" means a device for retaining sand, silt, grit mineral material, petroleum solvent, grease or oil by gravity-differential separation from waste water and of a design and capacity approved by the City Engineer.

"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of surface or ground water.

"Person" means natural person, corporation, partnership, firm, business trust, association or other legal entity.

"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in gram-equivalents per liter of solution.

"Private sewage disposal system" means a septic tank, cesspool, seepage hole or such other facilities as may be permitted under this section.

"Private sewer" means a sewer laid by private parties other than a building sewer, to serve one or more buildings which are not immediately adjacent to a public sewer, so as to connect said building or buildings to a public sewer, and irrespective of whether said sewer is constructed in public or private property.

"Properly shredded garbage" means the food wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

"Public sewer" means a sewer in which all owners of abutting properties have equal rights, and is controlled by the City of Anaheim. The term as used here does not include storm drains or channels for the conveyance of natural surface waters.

"Saddle" means the connection installed on a main line sewer by boring a hole in the sewer pipe and installing a prefabricated fitting.

"Seepage hole" means an excavation in the ground made for receiving only a clarified effluent and into which no crude sewage is permitted to flow.

"Septic tank" means an approved watertight tank or compartment for use in eliminating, disposing, digesting or reducing solid substances in sewage before disposing of the effluent in a cesspool, seepage hole or leaching system.

"Sewage" means any waterborne wastes transported by the public sewer, except storm water, ground water, roof or yard drainage, and includes domestic sewage, industrial waste and waste water or contaminated water of any origin.

"Sewage pumping plant" means any works or device used to raise sewage from a lower to a higher level or to overcome friction in a sewer line.

"Sewage treatment plant" means any works or device for the treatment of sewage, except a septic tank.

"Sewer" means a pipe or conduit for carrying sewage together with appurtenant manholes, lamp holes and cleanouts.

"Shall" is mandatory; "may" is permissive.

"Slug" means any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four hour concentration or flows during normal operation.

"Standard methods" means the current edition of "Standard Methods for the Examination of Water and Waste Water," American Public Health Association, New York.

“Storm drain” means a pipe, structure or system of pipes and/or structures which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water or irrigation water.

"Suspended solids" mean solids that either float on the surface of or are in suspension in water, sewage or other liquids, and which are removable by laboratory filtering.

"Trap" means any approved equipment or appliance for sealing an outlet from a house connection sewer to prevent the escape of sewer gas from a main line sewer through a house connection sewer.

"Waste water" means any contaminated water except from industrial waste or domestic sewage.

"Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 2585 § 1 (part); October 22, 1968; Ord. 6057 § 1; May 15, 2007.)

.010 It is unlawful for any person to place or deposit any human or animal excrement, garbage, objectionable waste or industrial waste on public or private property within the City, or in any area under the jurisdiction of the City.

.020 It is unlawful to discharge to any natural outlet within the City, or in any area under the jurisdiction of the City, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

.030 Except as hereinafter provided, it is unlawful to construct or maintain any septic tank, cesspool or other facility intended or used for the disposal of sewage.

.040 The owner of any house, building or property used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sewer of the City, is hereby required at his expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety days after date of official notice to do so, provided that said public sewer is within two hundred feet of the nearest property line. (Ord. 2585 § 1 (part); October 22, 1968.)

.010 The Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The Engineer or his representatives shall have no authority to demand technical information concerning any processes including metallurgical, chemical, oil refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment.

.020 (Repealed by 5040, 7/25/89)

.030 (Repealed by 5040, 7/25/89)

.040 The Engineer and/or Inspector shall have the right of entry into and upon any property, structure or premises served by any public or private sewer, cesspool, septic tank or appurtenances thereon, for the purpose of examining and inspecting the construction or condition of such sewer, cesspool, septic tank or appurtenances, and every person owning, controlling or otherwise occupying such structure or premises shall permit such entrance and give such aid as may be necessary or required for such examination and inspection.

.050 All construction and installation made pursuant to the provisions of this chapter shall be subject to inspection by and shall meet the approval of the Engineer and/or Inspector. The approval by the Engineer and/or Inspector shall not relieve any person from fully complying with all of the provisions of this chapter and any and all amendments thereto.

.060 When the construction or installation is ready for inspection, the permittee shall request an inspection by the Inspector and the Inspector shall make such inspection within a reasonable time after such request is made by the permittee. The Inspector, at his discretion, may request the permittee to file a written request for inspection at least twenty-four hours before the inspection is to be made.

.070 At the time of the inspection the permittee shall have all work uncovered and convenient for the Inspector's examination and shall give the Inspector every facility necessary to make a thorough examination and to apply the required water or air pressure test. The permittee shall furnish all labor, tools and materials necessary for such test. No house sewer connection shall be inspected unless the required plug and water or air for tests are available on the job when the Inspector arrives. Plugs shall be those designed for operation from outside the fitting.

.080 If any portion of the construction or installation is enclosed or covered in any manner so as to hinder a thorough inspection of said construction or installation, the Inspector may request a removal of such obstruction and the Inspector may not complete the inspection until such obstruction is removed.

.090 The Engineer and/or Inspector may inspect as often as deemed necessary every sewage pumping plant, private sewage disposal system, house connection sewer, dilution basin, neutralization basin, back-water trap or valve, grease interceptor or grease trap, or other similar appurtenances, for the purpose of ascertaining whether such facilities are maintained and operated in accordance with the provisions of this chapter. All persons shall permit the Inspector and/or Engineer to have access to all such facilities at all reasonable times. No object, whether a temporary or permanent structure, nor any object which is difficult to remove, shall be placed in such a position so as to interfere with the ready and easy access to any such facility. Any such obstruction, upon the request of the Inspector and/or Engineer, shall be immediately removed at no expense to City and shall not be replaced.

.100 The City Engineer may suspend, condition or deny any or all applications for connections or permits for new development and/or additions and expansions to existing development as provided under Section 18.40.060.030 of this Code where the City Engineer determines that such action is necessary to: (i) remain within the City operational capacity criteria of the sanitary sewer system as described in the current City approved sanitary sewer master plan available to the affected property for which the connection or permit is sought, (ii) conform with the requirements and/or limitations of City approved sanitary sewer master plans, (iii) meet the discharge standards of the sanitary sewer system imposed by the State of California Water Resources Control Board, or (iv) prevent the overflow or loss from the City sanitary sewer collection system. The decision of the City Engineer to suspend conditions or deny an application shall be subject to appeal as provided by subsections .080 and .090 of Section 18.40.060. (Ord. 2585 § 1 (part); October 22, 1968; Ord. 5040 §§ 2, 3; July 25, 1989; Ord. 6057 §§ 2, 3; May 15, 2007.)

.010 No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, contaminated or uncontaminated cooling water or industrial process waters to any public sewer, except as permitted by other ordinances of the City.

.020 Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm drains or to a natural outlet approved by the Engineer. Industrial cooling water or unpolluted process waters may be discharged, on approval of the Engineer, to a storm drain or natural outlet.

.030 No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:

.0301 Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas;

.0302 Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, which may injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, cyanides in excess of two mg/l as CN in the wastes as discharged to the public sewer;

.0303 Any waters or wastes having a pH lower than 6.5 or higher than 12.0, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

.0304 Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

.040 No person shall discharge or cause to be discharged to the public sewer the following described substances, materials, waters or wastes if it appears likely, in the opinion of the Engineer, Inspector or Districts, that such wastes may harm either the sewers, sewage treatment process or equipment, have an adverse effect on the receiving stream, or that may otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the Engineer, Inspector or Districts will give consideration to such factors and the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:

.0401 Any liquid or vapor having a temperature higher than 140° F.;

.0402 Any water or wastes containing fats, wax, grease or oils, whether emulsified or not, in excess of six hundred mg/l of ether soluble matter or visible quantities of floatable oil or containing substances which may solidify or become viscous at temperatures between 32°and 100°F.;

.0403 Any garbage that has not been properly shredded to particles no greater than one-half inch in any dimension;

.0404 Any waters or wastes containing any acid iron pickling wastes, or concentrated plating solutions whether neutralized or not;

.0405 Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances; or wastes exerting excessive chlorine requirements, to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the Engineer or Districts for such materials;

.0406 Any waters or wastes containing phenols or other taste or odor-producing substances, in such concentrations exceeding limits which may be established by the Engineer or Districts as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal or other public agencies of jurisdiction for such discharge to the receiving waters;

.0407 Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Engineer or Districts in compliance with applicable State or Federal regulations;

.0408 Materials which exert or cause:

.0408.01 Unusual concentrations of inert suspended solids (such as, but not limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium sulfate and sodium chloride, where this constitutes a major portion of the contaminate),

.0408.02 Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions),

.0408.03 Unusual B.O.D., chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works,

.0408.04 Unusual volume of flow or concentration of wastes constituting slugs as defined herein;

.0409 Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters.

.050 If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this chapter, and which in the judgment of the Engineer or Districts may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise may create a hazard to life or constitute a public nuisance, the Engineer or Districts may:

.0501 Reject the wastes by blocking the building sewer;

.0502 Require pretreatment to an acceptable condition for discharge to the public sewers;

.0503 Require control over the quantities and rates of discharge; and/or

.0504 (Repealed by 5040, 7/25/89)

If the Engineer and Districts permit the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Engineer and Inspector and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 2585 § 1 (part); October 22, 1968; Ord. 5040 § 5; July 25, 1989; Ord. 6057 §§ 4, 5; May 15, 2007.)

.010 For information concerning the following, refer to the Uniform Plumbing Code, latest edition, Anaheim Municipal Code and the Standard Details of the City of Anaheim:

.0101 Constructing a building sewer;

.0102 Authorized persons;

.0103 Excavation permits and costs;

.0104 Plumbing permits and costs;

.0105 Building sewers crossing property lines;

.0106 Old building sewers, reconnection;

.0107 Size # of sewer, slope, materials of construction and other details;

.0108 Elevations below basement floor, sewage to be lifted by approved means and discharged to the building sewer;

.0109 Surface runoff and ground water prohibited;

.01010 Inspection;

.01011 Discontinuance of a building sewer (regulations).

.020 All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnity the City from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.

.030 The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the City. All such connections shall be made gas-tight and watertight. Any deviation from the prescribed procedures and materials must be approved by the Inspector before installation.

.040 All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the City.

.050 The Inspector may require that a permit for a house connection sewer be applied for as a main line sewer if the proposed house connection sewer has a slope of less than one-fourth of an inch per foot, or there are obstructions in the public street which will interfere with such installation.

.060 No person except employees or contractors of the City, in the performance of their duties for the City, shall construct or alter a public sewer, a sewage pumping plant, a private sewer in a public street or a connecting sewer or make a connection from a house sewer to a connecting sewer without first obtaining a permit from the Inspector. No person, except a person holding a valid permit issued by the Inspector or other administrative official of the City authorized to issue such permit, shall construct or alter any private sewer on private property, house sewer, sewage treatment plant, private sewage system, sewage pumping plant, industrial waste pretreatment system, interceptor or other similar appurtenances or devices in the City.

No permit shall be issued to any person to construct or alter any sewer within a public street, or right-of-way, unless said person shall hold a valid sewer contractor's license, except that a permit may be issued to:

.0601 A person holding a valid permit issued by the Inspector authorizing the installation of a house sewer may be issued a permit to connect the house sewer to the connecting sewer on private property or at the property line;

.0602 An employee or contractor of the Orange County Sanitation Districts when the work is to be performed by them.

.070 No person except a qualified contractor, or a person authorized by the City, shall tap a main line sewer, if a person desires to connect a house connection sewer to a main line sewer and in the opinion of the Engineer, no suitable connection or chimney exists, such person shall file an application with the engineer to excavate, bore and saddle the main line. If a main line sewer is to be tapped for the installation of a saddle, such person shall do all excavation work necessary in compliance with applicable City codes and regulations.

.080 The Engineer and/or Inspector shall furnish to an applicant for a permit under this chapter a printed form of application. The applicant shall furnish the information which is necessary to complete said form, and, if necessary, shall furnish such additional information as may be required by the Engineer and/or Inspector so as to enable him to determine whether the proposed work or use complies with the provisions of this chapter, and other statutes and ordinances pertaining to such work or use.

.090 If it appears from the application for a permit required by this chapter that the work to be authorized complies with all applicable statutes and ordinances and conforms to the standards of design hereinafter fixed by this chapter, the Engineer or Inspector shall approve such plans.

.100 If any sewer connection has been disconnected from the public sewer by the Engineer or Inspector for failure to comply with the provisions of this chapter, the applicant shall apply to the Engineer or Inspector for a permit to reconnect the sewer lateral.

.110 If the Engineer or Inspector should determine that a literal compliance with the provisions of this chapter is impossible or impracticable because of peculiar conditions in no way the fault of the person requesting such exception, and that the purposes of this chapter may be accomplished and public safety secured by an alternative construction or procedure, then the Engineer or Inspector may authorize such alternative construction or procedure. (Ord. 2585 § 1 (part); October 22, 1968; Ord. 6057 § 6; May 15, 2007.).

An applicant for the construction, installation, repair or removal of any sewer or appurtenance thereto which necessitates an excavation or fill in, upon or under any highway under the jurisdiction of the County Road Commissioner shall at the time he files such application with the Engineer accompany said application with a permit issued by the Road Commissioner authorizing such construction, installation, repair or removal of the sewer or appurtenances thereto. Applicant shall pay all fees to the County in accordance with this permit. (Ord. 2585 § 1 (part); October 22, 1968.)

An applicant for the construction, installation, repair or removal of any sewer or appurtenance thereto which necessitates an excavation or fill in, upon or under any State highway shall, at the time he files such application with the Engineer, accompany said application with a permit issued by the State Department of Public Works, Division of Highways, authorizing such construction, installation, repair or removal of the sewer or appurtenances thereto. Applicant shall pay all fees to the State in accordance with this permit. (Ord. 2585 § 1 (part); October 22, 1968.)

No person shall discharge industrial waste into the public sewer without possessing a permit to do so from the District. (Ord. 2585 § 1 (part); October 22, 1968; Ord. 5040 § 6; July 25, 1989.)

.010 Purpose and Policy.

.0101 The purpose of this section is to enhance beneficial public use of the City's sewer facilities, to prevent blockages of sewer lines resulting from discharges of fats, oils and grease ("FOG") and other constituents to the sewer facilities, and to specify appropriate FOG discharge requirements for food service establishments ("FSEs").

.0102 The provisions of this section shall apply to the direct or indirect discharge of all FOG carried to the sewer facilities of the City.

.0103 This section is established to comply with federal, state, and regulatory agencies laws, regulations and standards relating to FOG discharges to sewer facilities.

.020 Definitions. In addition to the definitions set forth in Section 10.08.010, the following definitions shall apply to this section:

“Change in operations” means any change in the food types or operational procedures that have the potential to increase the amount of FOG discharged by FSEs as specified in the Rules and Regulations.

“County health care agency” (“HCA”) means the Orange County agency with oversight, inspection and regulatory authority over FSEs, particularly with respect to protection of the public health.

“FOG” or “Fats, oils, and grease” means any substance, such as a vegetable or animal product, that is used in, or is a byproduct of, cooking, the food preparation process, or other industrial process, and that turns or may turn viscous or solidifies with a change in temperature or as the result of other conditions.

“FOG Hot Spot” means an area in the public sewer lines that has experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sanitary sewer system caused by or contributed to by FOG.

“FOG Hot Spot Contributor” means any FSE identified by the FOG Source Control Program Manager or his/her designee as causing or contributing to a FOG Hot Spot.

“FOG Source Control Program” means the FOG Source Control Program required by and developed pursuant to the California Regional Water Quality Control Board ("RWQCB") for the Santa Ana Region, as RWQCB Order No. R8-2002-0014, Section (c)(12)(viii) or successor order.

“FOG Source Control Program Manager” means the individual designated by the City to administer the FOG Source Control Program.

“Food service establishments” (“FSEs”) means facilities defined in California Uniform Retail Food Service Establishments Law (“CURFFL”) Section 113785 of the California Health and Safety Code (“Section 113785") and any and all amendments thereto or successor provisions, and any commercial entity within the boundaries of the City, 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 and any and all amendments thereto or successor provisions. A limited food preparation establishment is not considered a “food service establishment” when it is engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no sewage 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.

“Grease control device” means any grease interceptor, grease trap or other mechanism, device or structure which attaches to, or is applied to, sewage plumbing fixtures and lines, the purpose of which is to trap, collect, treat and/or remove FOG from sewage prior to its being discharged into the sanitary sewer system.

“Grease interceptor” means a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code and any and all amendments thereto, underground between an FSE and its connection to the sanitary sewer system.

“Grease trap” means a grease control device that is used to serve individual fixtures and have a limited effect.

“Hearing Officer” means the person defined in Section 1.12.110 of the Anaheim Municipal Code.

“Interference” means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City's sanitary sewer system, treatment processes or operations; or is a cause of violation of the City's National Pollutant Discharge Elimination System ("NPDES") permit or discharge requirements, or prevents lawful sludge use or disposal .

“Kitchen Best Management Practices” ("Kitchen BMP") means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

“Local sewering agency” means any public agency or private entity responsible for the collection and disposal of sewage to the City's sewer facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers.

“New construction” means any structure planned or under construction for which a sewer connection permit has not been issued.

“Regulatory agencies” means those agencies having regulatory jurisdiction over the operations of the City, including but not limited to:

United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (“EPA”);

California State Water Resources Control Board (“SWRCB”);

California Regional Water Quality Control Board, Santa Ana Region (“RWQCB”);

South Coast Air Quality Management Division (“SCAQMD”); and

California Department of Health Services (“DOHS”).

“Remodeling” means a physical change or operational change which requires a building or plumbing permit, and (1) causes generation of FOG that will exceed the amount of FOG previously discharged to the sanitary sewer system by the food service establishment in an amount that alone or collectively causes or creates a potential for SSOs to occur as determined by the FOG Source Control Manager or (2) involves any one or combination of the following: (a) under slab plumbing in the food processing area; (b) a 30% increase in the size of the kitchen area; or (c) any change in the size or type of food preparation equipment.

“Rules and Regulations” means the rules and regulations as approved by the City Council to implement this section and the FOG Source Control Program.

“Sanitary sewer overflows” (“SSOs”) means a sewer spill, loss, or discharge of sewage from a sanitary sewer system.

“Sanitary sewer facilities or system” means any and all facilities used for collecting, conveying, pumping, treating, and disposing of sewage and sludge.

“Wastehauler” means any person carrying on or engaging in the vehicular transport of waste as part of, or incidental to, any business for that purpose.

.030 FOG Discharge Requirements. No FSE shall discharge, or cause to be discharged, into the sanitary sewer system FOG that exceeds the concentration level specified in this chapter, or that may accumulate to cause or contribute to SSOs or blockages at the sewer lateral or in the sanitary sewer system.

.040 Prohibitions. No FSE shall do, or cause to be done, any of the following:

.0401 Introduce any additives into a FSE's sewage system for the purpose of emulsifying FOG, unless specific prior written authorization from the FOG Source Control Program Manager is obtained;

.0402 Dispose waste cooking oil into drainage pipes. 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;

.0403 Discharge sewage from dishwashers to any grease control device, including grease traps or grease interceptors;

.0404 Discharge sewage with temperatures in excess of 140°F to any grease control device, including grease traps and grease interceptors;

.0405 Use biological additives for grease remediation or as a supplement to grease interceptor maintenance, without obtaining specific prior written authorization from the FOG Source Control Program Manager;

.0406 Discharge wastes from toilets, urinals, wash basins and other fixtures containing fecal materials to sewer lines upstream of a grease control device;

.0407 Discharge any waste, including FOG and solid materials removed from the grease control device, to the sanitary sewer system. Grease removed from a grease control device shall be removed periodically by a wastehauler as part of the operation and maintenance requirements for grease control devices.

.050 FOG Source Control Program. In an effort to minimize the discharge of FOG to the sanitary sewer system by FSEs within the City's jurisdiction to prevent the harmful effects of SSOs, as required by and developed pursuant to RWQCB Order No. R8-2002-0014, Section (c)(12)(viii), or a successor order, the City hereby creates and establishes the FOG Source Control Program.

.060 Rules and Regulations and Interpretations.

.0601 The Engineer or his/her designee is hereby authorized and directed to promulgate rules and regulations consistent with the provisions of this section, as may be necessary or desirable to aid in the enforcement and administration of this chapter and the FOG Source Control Program.

.0601.01 Any such rule or regulation may be added, modified or deleted as necessitated by changes in law, increased demands of regulatory agencies, or technological improvements or advances in a manner authorized by law.

.0601.02 Said rules and regulations shall be filed in the Office of the Engineer, and maintained in an orderly manner readily accessible to the public.

.0601.03 The burden to secure and comply with the rules and regulations shall be upon the FSE, and in accordance with the purposes of the FOG Source Control Program.

.0602 The Engineer or his/her designee is hereby authorized to approve deviations from said rules and regulations, and to approve changes in effective dates, when such deviations or changes are in the best interests of the City.

.070 Kitchen Best Management Practices ("Kitchen BMPs") Requirements.

.0701 All FSEs shall implement Kitchen Best Management Practices ("Kitchen BMPs") in their operations to minimize the discharge of FOG to the sanitary sewer system.

.0702 The requirements and guidelines for Kitchen BMPs are established by the City, and specified in the FOG Source Control Program Rules and Regulations.

.080 FOG Pre-Treatment Requirements. FSEs are required to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this section. The grease interceptor shall be adequate to separate and remove FOG contained in sewage discharges from FSEs prior to discharge to the sanitary sewer system. Fixtures, equipment and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

.0801 New Construction of FSEs. FSEs under new construction shall install grease interceptors prior to commencing discharges of sewage to the sanitary sewer system.

.0802 Existing FSEs.

.0802.01 Except as provided in subsections .0802.02 or .0802.03 below, existing FSEs are not required to install a grease interceptor.

.0802.02 Existing FSEs that adversely impact, or have the reasonable potential to adversely impact, the sanitary sewer system by causing or contributing to FOG Hot Spots, interference, or SSOs, as reasonably determined by the FOG Source Control Manager or his/her designee, shall install grease interceptors within 180 days after official notice to do so by the City.

.0802.03 Existing FSEs undergoing remodeling or a change in operations shall be required to install a grease interceptor.

.090 Application for Use of Alternative Materials or Methods of Construction. A FSE may submit an application for use of alternative materials or methods of construction, in lieu of a grease interceptor, to the inspector or his/her designee. Evaluation of the application shall be made in accordance with the current edition of the California Plumbing Code, as adopted and amended by the City.

.100 Grease Interceptor Requirements.

.1001 Before discharging sewage to any public sewer, all FSEs shall meet the requirements and standards for grease interceptors necessary to comply with the purpose of this section.

.1002 Grease interceptors shall be maintained in efficient operating condition by periodic removal of their full content, including sewage, FOG, floating materials, sludge and solids, as described in the rules and regulations. The maintenance frequency for all FSEs with grease interceptors is specified in the FOG Source Control Program Rules and Regulations.

.110 Grease Trap Requirements.

.1101 In addition to grease interceptors required under subsection 10.08.100.080, FSEs may be required by the FOG Source Control Program Manager to install grease traps in the waste line leading from drains, sinks and other fixtures or equipment where FOG may be introduced into the sanitary sewer system, in quantities that alone or collectively can cause blockage.

.1102 Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code, as adopted and amended by the City.

.1103 Grease traps shall be maintained in efficient operating condition. The maintenance frequency for FSEs with grease traps is specified and described in the FOG Source Control Program Rules and Regulations.

.120 Monitoring Facilities Requirements.

.1201 Before discharging into any public sewer, all FSEs shall meet the requirements and standards for monitoring and/or sampling necessary to comply with the purpose of this section.

.1202 Requirements for monitoring and/or sampling are specified and described in the FOG Source Control Program Rules and Regulations.

.130 Monitoring for Compliance. The FOG Source Control Program Manager may require monitoring for compliance of this section in accordance FOG Source Control Program Rules and Regulations, established by the City under its FOG Source Control Program, in an effort to minimize the discharge of FOG to the sanitary sewer system.

.140 Record Keeping Requirements.

.1401 All FSEs shall be required to keep records in accordance with the FOG Source Control Program Rules and Regulations, established by the City under its FOG Source Control Program, for no less than two years.

.1402 The FSE shall, upon reasonable request, make the records available to the City or its designee.

.150 Falsifying Information or Tampering with Process. It shall be unlawful to make any false statement, representation, record, report, plan or other document that is provided to the City, or its designee or representative, or to tamper with or knowingly render inoperable any grease control device, monitoring device, or method or access point required under this section.

.160 Enforcement.

.1601 Except as provided in subsection .1602 below, penalties for violation of any provision of this section are set forth in Section 10.08.140.

.1602 Penalties for violation of any provision of this section resulting in SSOs are enforceable, at the sole discretion of the City, under this chapter, or any other chapter of the Anaheim Municipal Code, including but not limited to, Chapter 10.09.

.170 Administrative Hearings. Any FSE or person who is subject to any adverse determination or regulatory action made pursuant to this section may appeal the matter by requesting an administrative hearing.

.1701 Request for Administrative Hearing.

.1701.01 Any FSE or person appealing an adverse determination or action made pursuant this section shall, within thirty days after notice of said adverse determination or action, file a written request for an administrative hearing, accompanied by an administrative hearing fee, in an amount established by separate resolution, with the Office of the City Clerk, with a copy of the request for administrative hearing provided on the date of filing to the Deputy City Manager and the City Attorney.

.1701.02 Thereafter, a hearing on the matter shall be held before the Hearing Officer designated by the Deputy City Manager or his/her designee within forty-five business days of the date of filing of the written request, unless, at the reasonable discretion of the Deputy City Manager or his/her designee or pursuant to a written request by the appealing party, a continuance of the hearing is granted by the City.

.1702 Hearing Proceedings.

.1702.01 The FOG Source Control Program Manager or his/her designee shall appear in support of the determination or action, and the appealing party shall appear in support of withdrawal of the determination or action, or in opposition to the determination or action. .1702.02 The City shall have the burden of supporting any determination or action by a preponderance of the evidence.

.1702.03 Each party shall have the right to be represented by a person of his/her/its choice, and to present testimony and other documentary evidence as necessary for explanation of the case.

.1703 Final Decision and Appeal.

.1703.01 The final decision of the Hearing Officer shall be issued within ten business days of the conclusion of the hearing, and shall be delivered by first-class mail, postage prepaid, to the appealing party.

.1703.02 The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of the Code of Civil Procedure, Sections 1094.5 and 1094.6, and shall be commenced within ninety days of the occurrence of the event for which review is sought.

.180 Judicial Review.

.1801 The provisions of Section 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this section.

.1802 Persons and/or FSEs seeking judicial review of any action taken pursuant to this section shall file such action within ninety days of the occurrence of the event for which review is sought. (Ord. 5950 § 1; November 16, 2004; Ord. 5067 § 7; May 15, 2007.)

* Editor's Note: Pursuant to Ord. 5040, passed July 25, 1989, the previous § 10.08.100 was repealed.

.010 No person shall wilfully break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works.

.020 Any person found to be in violation of any provision of this chapter except Section 10.08.140.010 shall be served by the City with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

.030 Any person who shall continue any violation beyond the time limit provided for in Section 10.08.140.020 shall be guilty of a misdemeanor, and on conviction thereof shall be punished in the manner provided in Section 1.01.370. Each day in which any such violation shall continue shall be deemed a separate offense.

.040 Any person violating any of the provisions of this chapter shall become liable to the City for any expense, loss or damage occasioned the City by reason of such violation.

.050 The Engineer shall have the power to temporarily shut off any premises from the use of the public sewerage system and/or any municipal industrial waste pipeline of the City where the occupant or user of such premises is placing in such public sewerage system and/or municipal industrial waste pipeline substances in violation of this chapter. The Engineer shall report the circumstances of such shut-off to the City Council at its next regular meeting following such shut-off.

.060 In the event that any person deposits any substances in any public sewer, sewer pipe, manhole, septic tank connected with the public sewerage system or municipal industrial waste pipeline within the City in violation of the provisions of this chapter, in addition to any other penalties provided by this chapter, such person shall pay the City for the damage caused thereby and for the cost of any cleaning of any portion of said public sewerage system and/or municipal industrial waste pipeline made necessary by reason thereof. The Engineer shall determine the amount of such damage and costs and shall deliver to the occupant of the premises wherein said substances were placed or deposited in said public sewer, sewer pipe, manhole, septic tank connected with the public sewerage system or municipal industrial waste pipeline, a statement of the same. In the event that such occupant fails to pay the same within fifteen days after such delivery of statement, the Engineer shall notify the City Council. Thereupon the City Council shall cause a notice to be sent by the City Clerk by registered United States mail to the occupant of said premises at least ten days previous to a hearing on the amount of such damage and costs as determined by the Engineer. At such hearing the City Council shall take evidence upon the extent of such damage and costs and determine whether the same, as determined by the Engineer is correct. If the Council finds the determination of the Engineer is incorrect, it shall correct the same and fix the correct amount. After correcting the determination of the Engineer or affirming the same if it finds it to be correct, the City Council shall thereupon give said occupant fifteen days in which to pay said costs and damages and if the same are not paid within said fifteen days, then the City Council shall shut off said premises from the use of the public sewerage system and municipal industrial waste pipelines of the City. The hearing upon determining the amount of such damages and costs, as herein provided, shall be public, and the said occupant shall be entitled to be represented by an attorney. The decision of the City Council determining the amount of such costs and damages shall be final and conclusive.

.070 (Repealed by 5040, 7/25/89) (Ord. 2585 § 1 (part); October 22, 1968; Ord. 5040 §§ 7 (part), 8; July 25, 1989: Ord. 5618 § 17, October 21, 1997.)