Brea Municipal Code Art. V Fats, Oils and Grease Disposal

It is the intent of this article to establish regulations for the disposal of fats, oils and grease (“FOG”) and other insoluble waste discharges from food facilities within the city. The purpose is to facilitate the maximum beneficial public use of the sanitary sewer system while at the same time attempting to prevent blockages of those sanitary sewer systems as a result of the discharge of FOG, and to specify appropriate FOG disposal requirements for food facilities to protect the public health and safety.

(Ord. 1137, 4-20-2010)

A. Unless otherwise defined herein, terms related to water quality shall be as defined in the sewer WDRs and 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 C.F.R. 136. 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.

B. See § 13.00.100 for additional definitions that apply to Article V.

(Ord. 1137, 4-20-2010)

Notwithstanding any other provisions of this article, no food facility shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by regulatory agency or that may accumulate and/or cause or contribute to blockages or interferences within the sewer system or at a sewer system lateral which connects the food facility to the sewer system.

(Ord. 1137, 4-20-2010)

The following prohibitions shall apply to all food facilities.

A. No person shall discharge, or cause to be discharged any wastewater from any food facility directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this article.

B. The discharge of any waste, including FOG and solid materials removed from a grease control device, to the sewer system, is prohibited.

C. The discharge of any waste or FOG to the sewer system that fails to comply with the FOG Control Manual is prohibited.

D. The discharge of any waste or FOG to the sewer system in a manner which either violates the sewer WDRs or causes or contributes to condition which fails to comply with any of the provisions of the sewer WDRs is prohibited.

E. Refer to Article II Use for additional wastewater prohibitions and limitations.

(Ord. 1137, 4-20-2010)

A. Installation of food grinders in the plumbing system for new construction of food facilities shall be prohibited.

B. All food grinders shall be removed from an existing FSE upon:

1. Major operational change to the FSE;

2. Any construction requiring the issuance of a building permit for either remodeling or construction of the FSE valued at five hundred dollars ($500) or more; or

3. Within one hundred eighty (180) days of the effective date of this article, except when expressly approved by the City Manager.

(Ord. 1137, 4-20-2010)

A. Permit required. No food facility or food service establishment shall conduct or otherwise be open for business, or serve or provide food, unless the owner or operator, or authorized agent or representative thereof, first applies for and obtains a FOG wastewater discharge permit pursuant to this chapter.

B. Prohibited discharges. No person shall discharge or cause, allow or permit to be discharged, any wastewater from any food facility or food service establishment, directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter. Compliance with this chapter must be demonstrated at the time any business license is issued for a food facility or food service establishment, or any business in which a food facility or food service establishment is operated.

C. Permit provisions. FOG wastewater discharge permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the city and any other regulatory agency. The provisions of the FOG wastewater discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations and other provisions of this code.

D. FOG wastewater discharge permit application.

1. Any person required to obtain a FOG wastewater discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the City Manager and shall provide the city such information and documents as the City Manager determines is necessary and appropriate to properly evaluate the application. The applicable fees shall accompany the application.

2. After evaluation of the data furnished, the City Manager may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this article and as otherwise determined by the City Manager to be appropriate to protect the city’s sewer system.

E. FOG wastewater discharge permit conditions. The issuance of a FOG wastewater discharge permit may contain any or all of the following conditions or limits as determined by the City Manager:

1. Limits on discharge of FOG and other priority pollutants;

2. Requirements for proper operation and maintenance of grease interceptors and other grease control devices;

3. Grease interceptor or other grease control device maintenance frequency and schedule;

4. Requirements for implementation of best management practices and installation of adequate grease interceptor and/or grease control device;

5. Requirements for maintaining and reporting status of best management practices;

6. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests;

7. Requirements to self-monitor;

8. Requirements for the food facility to construct, operate and maintain, at its own expense, FOG control devices and sampling facilities;

9. Consent by the operator of the FSE for the city and other regulatory agencies to inspect the FSE to confirm compliance with this chapter, the sewer WDRs and other applicable laws, rules and regulations, including any NPDES permit applicable to the city; and/or

10. Additional requirements, terms and conditions as otherwise determined to be reasonably appropriate by the City Manager to protect the city’s system or as specified by other regulatory agencies or which may be reasonably applicable to ensure compliance with this chapter as determined by the City Manager.

F. FOG wastewater discharge permit fee.

1. A charge to cover all costs of the city for providing the sewer service and monitoring shall be established by ordinance or resolution of the City Council.

2. The FOG wastewater discharge permit fee shall be paid by the applicant and 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.

G. FOG wastewater discharge permit modification of terms and conditions.

1. The terms and conditions of an issued FOG wastewater discharge permit may be subject to modification and change by the sole determination of the City Manager during the life of the permit based on:

a. The discharger’s current or anticipated operating data;

b. The city’s current or anticipated operating data;

c. Changes in the requirements of regulatory agencies which affect the city; or

d. A determination by the City Manager that such modification is appropriate to further the objectives of this chapter.

2. The permittee may request a modification to the terms and conditions of an issued FOG wastewater discharge permit. The request shall be in writing stating the requested change, and the reasons for the change. The City Manager shall review the request, make a determination on the request, and respond in writing. The permittee shall be informed of any change in the FOG wastewater discharge 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 discharge permit shall include a reasonable time schedule for compliance.

H. FOG wastewater discharge permit duration and renewal. FOG wastewater discharge permits shall Prior to expiration of the FOG wastewater discharge permit, the user shall apply for renewal of the discharge permit in accordance with the provisions of this chapter.

I. Exemption from FOG wastewater discharge permit. A limited food preparation establishment, as defined herein, is not considered a food facility and is exempt from obtaining a FOG wastewater discharge permit. Exempted establishments shall be engaged only in reheating, hot holding 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.

J. Non-transferability of permits. FOG wastewater discharge permits issued under this chapter are for a specific food facility, for a specific operation and create no vested rights. No permit holder shall assign, transfer, sell any FOG wastewater discharge permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit. Any FOG wastewater discharge permit, which is transferred to a new owner or operator or to a new facility, is void.

(Ord. 1137, 4-20-2010)

A. Food facilities are required at the time of construction to install, operate and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter in accordance with the FOG Control Manual and the requirements of 40 C.F.R. § 403.5.

B. All fixtures, equipment and drain lines located in the food preparation and clean up areas of food facilities that are sources of FOG discharge shall be connected to an approved grease control device unless otherwise determined in accordance with the provisions of this section.

C. Dishwashers or other fixtures discharging emulsifying agents (e.g., detergents) shall be connected to the sewer system such that their potential to adversely impact the operation of the grease control device operation is minimized.

D. Grease interceptors shall be used in all new food facilities where it is necessary to install a grease control device, and shall have a minimum capacity of seven hundred fifty (750) gallons.

E. New food facilities shall follow sizing criteria for larger devices as specified by the Uniform Plumbing Code.

F. All existing food facilities undergoing remodeling or a major change in operations shall be required to install grease control devices with each chamber readily and easily accessible for cleaning and inspection of each chamber from the surface and shall include a downstream sample box in accordance with the Uniform Plumbing Code as determined by the City Manager.

G. No certificate of use and occupancy shall be issued for a food facility that is required to have an approved grease control device, until such device has been installed, inspected and approved by the City Manager.

H. The City Manager may establish additional guidelines to supplement this article regarding, but not limited to:

1. Design, construction and inspection standards of grease control devices;

2. The operation and maintenance standards for grease control devices;

3. Kitchen best management practice to prevent FOG from entering the devices;

4. Grease control device cleaning, reporting, and enforcement standards; and

5. Standards for the collection and disposal of FOG by appropriate entities.

I. Upon the effective date of this article, the introduction of any additives into a food facility’s wastewater system for the purposes of emulsifying FOG, is prohibited without the specific written authorization from the City Manager.

J. No discretionary permit, including but not limited to a conditional use permit, shall be issued to a food facility unless the applicant can demonstrate that a grease interceptor has been or will be installed at the food facility in accordance with the provisions of this chapter.

(Ord. 1137, 4-20-2010)

A. Variance from grease interceptor requirements. A variance or a conditional waiver from the grease interceptor requirements on such terms and conditions as may be established by the City Manager, consistent with the requirements of the sewer WDRs, the city’s FOG control program, the FOG Control Manual, and best construction, engineering, environmental and health and safety practices, to:

1. Allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, may be granted by the City Manager to food facilities demonstrating to the City Manager’s satisfaction that it is impossible or impracticable to install, operate or maintain a grease interceptor; or

2. Where the food facility demonstrates to the City Manager’s satisfaction that any FOG discharge from the food facility is negligible and will have an insignificant impact to the sewer system.

B. Waiver from grease interceptor installation with a grease disposal mitigation fee. For food facilities where the installation of a grease interceptor is not feasible and no equivalent alternative pretreatment device can be installed, a waiver from the grease interceptor requirement may be granted by the City Manager with the imposition of a grease disposal mitigation fee as described in § 13.00.545. The City Manager’s determination to grant the waiver with a grease disposal mitigation fee will be based upon such considerations that the City Manager determines to be appropriate and consistent with the sewer WDRs, the city’s FOG control program, the FOG Control Manual, and best construction, engineering, environmental and health and safety practices. Provided, however, that such waiver will terminate and a grease interceptor will be installed at the FSE when the operator of the FSE or the owner of the property upon which the FSE is located either:

1. Applies for any discretionary permit, including but not limited to a conditional use permit; or

2. Conducts any remodeling to a food facility which involves construction valued at fifty thousand dollars ($50,000) or more requiring a building permit and which involves any one (1) or combination of the following:

a. Under-slab plumbing in the food processing area;

b. A thirty percent (30%) increase in the net public seating area;

c. A thirty percent (30%) increase in the size of the kitchen area; or

d. Any change in the size or type of food preparation equipment.

C. Application for waiver or variance of requirement for grease interceptor.

1. A food facility may submit an application for waiver or variance from the grease interceptor requirement to the City Manager. Terms and conditions for issuance of a variance to a FSE shall be set forth in the permit.

2. The City Manager may revoke a waiver or variance 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.

(Ord. 1137, 4-20-2010)

A. Notwithstanding any other provisions of this article, all food facilities shall implement best management practices in their operations to minimize the discharge of FOG to the sewer system.

B. All food facilities must implement and demonstrate compliance with best management practices (BMP) requirements as specified in the city’s FOG Control Manual. Detailed requirements for BMP shall be specified in the manual and may include kitchen practices and employee training that are essential in minimizing FOG discharges.

C. Periodic reporting of the status of the implementation of BMP shall be submitted to the City Manager, in accordance with the FOG control program and the FOG Control Manual.

1. The City Manager may require visual and other monitoring at the sole expense of the permittee to observe the actual conditions of the food facility’s sewer lateral and sewer lines downstream.

2. The City 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 chapter. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in a manner and form approved by the City Manager and shall be submitted upon request of the City Manager. Other reports may be required, such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the City Manager to ensure compliance with this chapter.

3. Failure by the permittee to perform any required monitoring, or to submit monitoring reports required by the City Manager constitutes a violation of this chapter and shall be cause for the city to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in the FOG wastewater discharge permit or in this chapter.

4. The permittee shall be responsible for any and all expenses of the city in undertaking such monitoring analyses and preparation of reports.

(Ord. 1137, 4-20-2010)

A. All existing and newly installed grease control devices shall be maintained in a manner consistent with a maintenance plan approved by the City Manager.

B. Grease control devices shall be maintained in efficient operating condition in accordance with the FOG Control Manual.

C. Grease interceptors and other grease control devices must be cleaned, maintained, and have FOG removed and disposed of in a proper manner at regular intervals and in accordance with the FOG Control Manual. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors.

D. No FOG that has accumulated in a grease control device shall be allowed to pass into any sewer lateral, sanitary sewer system, storm drain, or public right-of-way during maintenance activities.

E. Each new and existing food facility with a grease control device shall have an approved maintenance plan which specifies the minimum maintenance frequency for removal of all accumulated FOG from the grease control device, which shall be determined as follows:

1. For new food facilities, the minimum maintenance frequency for interceptors shall be as follows:

2. For existing food facilities with a grease interceptor, the maintenance plan shall be determined in one (1) of the following methods:

a. In the same manner as for new food facilities under subparagraph E.1. above; or

b. The owner/operator of a food facility in existence on the effective date of this article may submit an application to the City Manager requesting that a maintenance plan other than that identified in subparagraph E.1. above be imposed on that food facility, due to the fact that the food facility has been following a regular maintenance cycle in the past, and based on the particular food facility operation, the current regular maintenance plan is adequate to guard against FOG passing into the sanitary sewer system. Upon a determination by the City Manager that an acceptable grease control device maintenance plan is being followed that meets the minimum requirements set forth in the Uniform Plumbing Code, then it may be used as the approved maintenance plan for that particular food facility.

c. In the event it is determined that a food facility, as a result of a change in operations, is using a grease interceptor that is smaller in capacity than would be required for that food facility under this article, the City Manager may allow said food facility to continue to operate with the smaller grease interceptor, provided the food facility prepares a maintenance plan acceptable to the City Manager that requires more frequent servicing than would otherwise be required if the proper sized grease interceptor was installed.

F. Notwithstanding subparagraph E. above, if any grease interceptor at any time contains floating oil/grease in the final chamber, or sludge in any chamber that is within two (2) inches of the discharge elbow, the owner and/or operator of the food facility shall have the grease interceptor serviced such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor after which the interceptor shall be refilled with cold water.

G. Notwithstanding subparagraphs E. and F. above, all existing food facilities with a grease interceptor shall be serviced not less than every one hundred eighty (180) days. Grease traps shall be cleaned of all material on a daily basis.

H. FOG removed from grease interceptors shall be waste hauled on a regular basis as part of the operation and maintenance requirements for grease interceptors and disposed of in a proper manner and at regular intervals.

I. The owner and/or operator of a food facility with an approved grease control device 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 (2) years. The owner and operator of a food facility shall, upon request, make the manifests, receipts, and invoices available to any county health care or city code enforcement representative, or his or her designee, representative of a local sanitation agency that has jurisdiction of the sanitary sewer system that services the food facility, or any authorized inspector that has jurisdiction under the Water Quality Ordinance.

J. The owner and/or operator of a food facility with a grease control device shall allow any county health care agency representative, city code enforcement officer, or any authorized inspector that has jurisdiction under the Water Quality Ordinance, or a representative of the local sanitation agency that has jurisdiction of the sanitary sewer system that services the food facility, access to the food facility premises during normal business hours, for purposes of inspecting the food facility’s grease control devices, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices.

(Ord. 1137, 4-20-2010)

For properties at which multiple food facilities are operated on a single parcel, each food facility operator shall be individually and separately responsible for installation and maintenance of the grease interceptor or other grease control device serving its food facility and for compliance with this chapter. Furthermore, owners of commercial properties at which multiple food facilities that are operated on a single parcel shall be responsible for ensuring compliance by each food facility on the parcel. Such operators and/or property owner can comply with this chapter by installing and maintaining a grease interceptor or grease interceptors or other grease control devices serving multiple food facilities upon approval by the City Manager on such terms and conditions that the City Manager may establish in his or her sole discretion, in accordance with the provisions of this chapter and the Uniform Plumbing Code.

(Ord. 1137, 4-20-2010)

A. Commencing one hundred eighty (180) days from the effective date of this article, new food facilities that are permitted to operate without an installed grease interceptor as a result of a waiver or variance issued under this chapter shall be required to pay an annual grease disposal mitigation fee.

B. The payment of a grease disposal mitigation fee in lieu of installing a grease interceptor shall only be allowed after all other grease control devices have been considered for installation.

C. The grease disposal mitigation fee shall be established by resolution of the City Council, and shall be based on the estimated annual increased cost of maintaining the sewer system and sewer lateral pipelines for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device and such other costs that the City Council considers appropriate.

D. This section shall not be interpreted to allow a new food facility or existing food facilities undergoing remodeling or change in operations, to operate without an approved grease interceptor unless the City Manager has determined that it is impossible to install or operate a grease control interceptor for the food facility under the provisions of this chapter.

E. The food facility owner or operator shall pay the grease disposal mitigation fee annually, no later than July 30 of each year.

F. The grease disposal mitigation fee may be waived or reduced on a no less than annual basis when the food facility owner or operator demonstrates to the satisfaction of the City Manager that it has fully implemented BMPs on a regular basis to reduce the introduction of FOG into the City’s sewer system to the extent such discharges from the food facility meet the water quality requirements of the sewer system and the sewer WDRs.

G. The grease disposal mitigation fee may not be waived or reduced when the food facility’s private sewer lateral pipeline has failed and resulted in a wastewater backup, a SSO or some other blockage of or interference with the sewer system within or adjacent to the food facility during the twelve (12) months prior to the waiver request.

(Ord. 1137, 4-20-2010)

A. Except as otherwise provided, all fees, charges and penalties established by this chapter 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 one thousand dollars ($1,000); 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 (46) 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 FOG wastewater discharge permit.

D. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of the appeal prior to the payment due date.

E. Payment of disputed charges is still required by the due date during the city review of any appeal submitted by a permittee or other person.

F. Collection of delinquent accounts shall be in accordance with the city’s policy resolution establishing procedures for collection of delinquent obligations owed to the city, as amended from time to time by the City Council. Any such action for collection may include an application for an injunction to prevent repeated and recurring violations of this chapter.

(Ord. 1137, 4-20-2010)

A. Notwithstanding any waiver of any grease interceptor or other grease control device requirements under this chapter or any waiver or variance, a food facility determined by the City Manager 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 by the City Manager 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.

B. Sewer line failures, blockages, SSOs and other sewer system interferences may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances.

C. If the city must act immediately to contain and clean up a SSO caused by blockage of a private or public sewer lateral or serving a food facility, or other sewer system, facility or line failures, blockages, or other sewer system interferences, or at the request of the property owner or operator of the food facility, or because of the failure of the property owner or the food facility to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the city’s costs for such abatement shall be entirely borne by the property owner or the operator of the FSE, and the individual(s) as a responsible officer, operator or owner of the FSE(s), and shall constitute a debt to the city and become due and immediately payable upon the city’s request for reimbursement of such costs.

(Ord. 1137, 4-20-2010)

A. In the event a permittee or the operator of a food facility is unable to comply with any provision of this chapter or with any condition of a FOG wastewater discharge permit due to a breakdown of equipment, accidents, or human error or if the permittee has reasonable opportunity to know that his, her or its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this chapter or applicable water quality standards under applicable laws and regulations of a regulatory agency or the sewer WDRs, or may cause a SSO, a sewer blockage or other interference with the sewer system or sewer facilities, the discharger shall immediately notify the city by telephone at the number specified in the permit. If the material discharged to the sewer system has the potential to cause or results in sewer blockages or sewer interference or a SSO, the discharger shall also immediately notify the Orange County Health Department.

B. Confirmation of the discharger’s notification shall be made in writing to the City 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. Notification by a permittee of a spill shall not relieve the permittee or any other person or entity of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other public agency or regulatory agency or any other damage or loss to person or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this chapter or other applicable law.

(Ord. 1137, 4-20-2010)

A. The City Manager may inspect or order the inspection and sampling of the wastewater discharges of any food facility to ascertain whether the provisions and intent of this chapter and sewer WDRs are being met and the permittee is complying with all requirements of this chapter and any FOG wastewater discharge permit and all applicable laws.

B. The permittee shall allow the city access to the food facility premises, during normal business hours, for purposes of inspecting the food facility’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. Where a food facility has security measures in force, the permittee shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

C. The City Manager shall have the right to place or order the placement on the food facility’s property or other locations as determined by the City Manager, such devices as are necessary to conduct sampling or metering operations.

D. For the City Manager to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the permittee shall make available for inspection and copying by the city all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal without restriction but subject to the confidentiality provision set forth in this chapter. All such records shall be kept by the permittee for a minimum of two (2) years.

(Ord. 1137, 4-20-2010)

Permittees, owners or operators of food facilities, and other persons or occupants of premises where wastewater or FOG is created or discharged shall allow the City Manager, or city representatives, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger’s facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city’s sewer system.

(Ord. 1137, 4-20-2010)

A. The owner and operator of a food facility shall be in violation of this chapter if such owner or operator or permittee:

1. Discharges wastewater in any manner in violation of this chapter or of any order issued by the City Manager, as authorized by this chapter;

2. Fails to obtain a discharge permit, as required and within the period of time specified by this chapter;

3. Fails to install an approved grease control device as required by this chapter;

4. Makes any false statement, representation, record, report, plan or other document that is filed with the county;

5. Tampers with or knowingly renders inoperable any grease control device required under this chapter;

6. Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal;

7. Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal for the food facility’s grease control device and upon request fails to make those records available to any city code enforcement representative, or their designees, or to any representative of a public agency or a local sanitation agency that has jurisdiction over the sewer system that services the FSE for the purpose of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device;

8. Refuses a county health care or city code enforcement representative, or his or her designee, or the City Manager or a representative of a local sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the food facility, or any authorized inspector, reasonable access to the food facility for the purposes of inspecting, monitoring, or reviewing the grease control device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, and/or to inspect the grease control device;

9. Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner;

10. Fails to remove all food grinders located in the food facility at the time he or she renews their business license;

11. Introduces additives into a wastewater system for the purposes of emulsifying fats, oils and grease without the written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the food facility;

12. Fails to pay the grease disposal mitigation fee or other fees, as specified in this chapter when due;

13. Fails to perform any required monitoring, or to submit monitoring reports required by the City Manager;

14. Fails to comply with the provisions of the FOG Control Manual; or

15. Otherwise fails to comply with the provisions of this chapter or any permit issued by the city under this chapter.

B. Violations under this section shall be subject to the procedures, penalties and remedies set out in Chapter 1.04, as amended from time to time.

C. All costs for the investigations, enforcement actions and ultimate corrections of violations under this section incurred by the city (including but not limited to attorney’s fees), shall be reimbursed by the owner/operator of the food facility.

(Ord. 1137, 4-20-2010)

Discharge of waste, FOG or wastewater in any manner in violation of this chapter, the sewer WDRs or any other waste discharge requirements or permit established or issued by the City Manager, as authorized by this chapter, is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager. Any person creating a public nuisance is guilty of a misdemeanor.

(Ord. 1137, 4-20-2010)

A. Any person who discharges any waste, FOG or wastewater, including but not limited to those listed under 40 C.F.R. 403.5, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city’s sewer system, 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 city to resume normal operations.

B. A service charge of twenty-five percent (25%) of city’s costs shall be added to the costs and charges to reimburse the 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 city.

C. Any person who discharges waste, FOG or wastewater which causes or contributes to the City violating its sewer WDR, or any other waste discharge requirements or permit established or issued to the city by any regulatory agency, or the city incurring additional expenses or suffering losses or damage to facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court.

(Ord. 1137, 4-20-2010)

A. The City Council finds that in order for the city to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and the sewer WDRs and to ensure that the city’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 city’s sewer system by food facilities.

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 city is that:

1. Any determination relating to a notice of violation and compliance schedule agreement (CSA) will be made by the City Manager, with a right of appeal by the permittee to the City Council pursuant to the procedures set forth in § 13.00.586;

2. A permittee or applicant for a permit may request the City Council of the city to hear an appeal of the City Manager’s decision pursuant to § 13.00.586. Such request may be granted or denied by the City Council; and

3. Any permit suspension or revocation recommended by the City Manager will be heard and a recommendation made to the City Manager or other person designated by the City Manager with a right of appeal of the City Manager’s order by the permittee to the City Council pursuant to the provisions of § 13.00.586.

C. The city, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this chapter, the City Code, and as otherwise provided by law, in response to any discharge permit or chapter violations.

(Ord. 1137, 4-20-2010)

A. Upon determination by the City Manager that a permittee or other owner or operator of a food facility or owner of a property or a discharger is not in compliance with the terms and conditions specified in its FOG wastewater discharge permit or any provision of this chapter, or needs to construct and/or acquire and install a grease control device or grease interceptor, the City Manager may require the permittee, owner or operator to enter into a compliance schedule agreement (CSA).

B. The issuance of a CSA may contain terms and conditions as determined appropriate by the City Manager, 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 chapter.

C. The City Manager shall not enter into a CSA until such time as all amounts owed to the city, including permit and other user or discharge fees, noncompliance sampling fees, or other amounts due under this chapter are paid in full, or an agreement for deferred payment secured by collateral or a third party, is approved by the City Manager.

D. If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the City Manager may issue an order suspending or revoking the discharge permit pursuant to this chapter.

(Ord. 1137, 4-20-2010)

A. The City Manager may suspend any FOG wastewater discharge permit when it is determined by the City Manager that a permittee:

1. Has failed to comply with the terms and conditions of a CSA, its FOG wastewater discharge permit or other order or directive by the City Manager under this chapter;

2. Knowingly provided a false statement, representation, record, report, or other document to the City Manager, the city or other regulatory agency;

3. Refused to provide records, reports, plans, or other documents required by the City Manager, the city or other regulatory agency to determine compliance with permit terms or conditions, discharge compliance, or compliance with this chapter or other applicable laws or regulations;

4. Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method;

5. Refused reasonable access to the permittee’s premises for the purpose of inspection and monitoring or as otherwise provided for in this chapter;

6. Failed to make timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed pursuant to this chapter;

7. Causes interference, sewer blockages, or SSOs with or to the city’s sewer system facilities or collection, treatment, or disposal system;

8. Violated grease control device maintenance requirements, or any condition or limit of its permit or any provision of this chapter;

9. Failed to comply with the provisions of the FOG Control Manual; or

10. Otherwise fails to comply with the provisions of this chapter or any permit issued by the city under this chapter.

B. When the City Manager has reason to believe that grounds exist for suspension of a FOG wastewater discharge permit, he or she shall give written notice thereof by certified mail or overnight mail delivery to the permittee setting forth a statement of the facts and grounds deemed to exist.

C. Effect.

1. Upon an order of suspension by the City Manager, 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 city’s sewer 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.

(Ord. 1137, 4-20-2010)

A. Revocation. The City Manager may revoke any FOG wastewater discharge permit when it is determined by the City Manager that a permittee has failed to comply with this chapter.

B. Effect.

1. Upon an order of revocation FOG wastewater discharge permit by the City Manager becoming final, the permittee shall permanently lose all rights to discharge any wastewater containing FOG directly or indirectly to the city’s sewer 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 FOG wastewater discharge permit at any location within the city by any person associated with an order of revocation will be considered by the 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 FOG wastewater discharge permit revocation issued by the City Manager shall be final in all respects on the sixteenth day after it is mailed to the permittee.

(Ord. 1137, 4-20-2010)

A. The city, by order of the City Manager, may physically terminate sewer service and water service to any food facility, as follows:

1. On a term of any order of suspension or revocation of a FOG wastewater discharge 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 city’s sewer facilities after the notice and process as provided herein.

B. All costs for physical termination as well as all costs for reinstating service, shall be paid by the owner or operator of the food facility or permittee.

(Ord. 1137, 4-20-2010)

The city may, by order of the City Manager, suspend sewer service and/ or water service when the City Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the city’s sewer facilities, or may cause the city to violate any state or federal law or regulation or the sewer WDRs. 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.

(Ord. 1137, 4-20-2010)

Any decision of the City Manager, other than a decision pursuant to § 13.00.585, may be appealed by any owner or operator of a food facility affected by the decision, to the City Council.

(Ord. 1137, 4-20-2010)