Colusa Municipal Code Art. IV Administration

A. Any person required to obtain a FOG WDP for an FSE shall, jointly with the property owner, complete and file with the city, prior to commencing or continuing discharges, an application in a form prescribed by the city manager.

B. Site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, FOG control device, grease interceptor or other pretreatment equipment and appurtenances with sizes, locations, and elevations shall be submitted with the application.

C. Other information related to the business operations and potential discharge may be requested to properly evaluate the FOG WDP application.

D. After evaluation of the data furnished, the FOG WDP may be issued, subject to terms and conditions set forth in this chapter and as otherwise determined by the city manager.

(Ord. No. 493, § 2, 11-5-2013)

The FOG WDP application fee in accordance with the provisions of this chapter shall accompany submission of the FOG WDP application.

(Ord. No. 493, § 2, 11-5-2013)

A. The issuance of a FOG WDP may include, but is not limited to, any of the following conditions or limits:

1. Limits on discharge of FOG and other pollutants.

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

3. Grease interceptor maintenance frequency and schedule.

4. Requirements for implementation of BMPs.

5. Requirements for maintaining and reporting status of BMPs.

6. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests including the ultimate disposition of the wastes that contain FOG.

7. Requirements to self-monitor.

8. Requirements for the FSE to construct, operate and maintain, at its own expense, grease control device and sampling facilities.

9. Additional requirements as otherwise determined to be reasonably appropriate by the city manager to protect the public sewer or as specified by other regulatory agencies.

10. Other terms and conditions which may be reasonably applicable to ensure compliance with this chapter.

(Ord. No. 493, § 2, 11-5-2013)

A. The terms and conditions of an issued FOG WDP may be subject to modification in the sole discretion of the city manager during the life of the FOG WDP based on:

1. The permittee's current or anticipated operating data.

2. Changes in the requirements of state or federal regulatory agencies that oversee and monitor the city; or

3. A determination by the City Manager that such modification is appropriate to further the objectives of this chapter and all applicable regulations.

B. A permittee may request modification of the terms and conditions of an issued FOG WDP. Any 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.

C. A permittee shall be informed by the city of any change in the FOG WDP limits, conditions and/or requirements at least forty-five days prior to the effective date of the change. Any changes or new conditions in the FOG WDP shall include a reasonable time schedule for compliance.

(Ord. No. 493, § 2, 11-5-2013)

FOG WDPs shall be issued for a one-year period and renewed annually. At least thirty days prior to the expiration of the FOG WDP, the permittee shall apply for renewal and pay the applicable fees for the renewal of the WDP in accordance with the provisions of this chapter. A permittee shall also pay any delinquent invoices in full prior to any FOG WDP renewal.

(Ord. No. 493, § 2, 11-5-2013)

A. A limited food preparation establishment may be considered by the city manager to not be an FSE and may be exempted from obtaining a FOG WDP. Exempt establishments shall be engaged only in reheating, hot holding or assembly of ready to eat food products, provided that, in the city's determination the wastewater discharge does not contain a significant amount of FOG.

B. An exemption from obtaining a FOG WDP shall be requested in writing. If the city manager determines that the reasons for the request are valid, an exemption may be granted.

C. A limited food preparation establishment may be required to follow the BMPs defined for all FSEs. A limited food preparation establishment that discharges FOG at any time in excess of the defined limits may be reclassified as an FSE and required to obtain a FOG WDP at the city manager's discretion.

(Ord. No. 493, § 2, 11-5-2013)

A FOG WDP issued pursuant to this chapter is for a specific FSE, for a specific operation and creates no vested rights. No holder of a FOG WDP shall assign, transfer and/or sell the FOG WDP and/or use the FOG WDP on any property or premises or for any facilities, operations and/or discharges not expressly encompassed within the FOG WDP.

(Ord. No. 493, § 2, 11-5-2013)

A. An FSE/permittee shall submit two copies of facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The submittal shall be in a form and content acceptable to the city manager for review of the existing or proposed grease control device, grease interceptor, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve the FSE of the responsibility of modifying the facilities or procedures in the future as necessary to produce an acceptable discharge, and to meet the requirements of this chapter or the requirements of any other regulatory agency.

B. The city may require the drawings be prepared by a California registered civil, chemical, and mechanical or electrical engineer.

(Ord. No. 493, § 2, 11-5-2013)

A. The city may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG control program.

B. The city may require visual monitoring at the sole expense of the permittee to observe the actual conditions of the FSE's sewer lateral and sewer lines downstream.

C. The city 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 WDP 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 and shall be submitted upon request of the city manager. 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 WDP or in this chapter. The permittee shall be responsible for any and all costs and expenses of the city in undertaking such monitoring analyses and preparation of reports.

D. 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.

(Ord. No. 493, § 2, 11-5-2013)

A. The permittee shall be required to keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than three years. The permittee shall, upon request, make the manifests, receipts and invoices available to the city, any inspector and/or any enforcement officer. These records may include:

1. An on-site logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices.

2. A record of BMPs being implemented, including employee training.

3. Copies of records and manifests of waste hauling interceptor contents.

4. Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptors.

5. Records of any spills and/or cleaning of the sewer lateral or public sewer.

6. Any other information deemed appropriate by the city manager to ensure compliance with this chapter.

(Ord. No. 493, § 2, 11-5-2013)

It shall be unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city or to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this chapter.

(Ord. No. 493, § 2, 11-5-2013)

A. The city may inspect or order the inspection and sample the wastewater discharges of any FSE/permittee to ascertain that the requirements of this chapter are being met and the permittee is complying with all conditions of the FOG WDP. The permittee shall allow access to the FSE/permittee premises, during normal business hours, for purposes of inspecting the FSE's grease control devices reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices.

B. The city shall have the right to place or order the placement on the property, containing an FSE, or other locations as determined by the city manager, such devices as are necessary to conduct sampling or metering operations. Where an FSE/permittee has security measures in force, the permittee shall make necessary arrangements so that the city and/or an inspector shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

C. In order for the city to determine the wastewater characteristics of the discharger for purposes of determining compliance with FOG WDP requirements, the permittee shall make available for inspection and copying by the city manager, an inspector, an enforcement officer and/or service personnel, all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation and wastewater disposal. All such records shall be kept by the permittee a minimum of three years.

(Ord. No. 493, § 2, 11-5-2013)

Users or permittees of properties where FSE wastewater is created or discharged shall allow the city manager, an inspector and/or an enforcement officer reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time. No persons or occupants of an FSE shall interfere with, delay, resist or refuse entrance to the city manager, an inspector and/or an enforcement officer attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer. In the event of an emergency involving an actual or imminent SSO, the city manager, an inspector and/or an enforcement officer may immediately enter upon the property and may access adjoining businesses or properties that share a public sewer with an FSE in order to prevent or remediate the actual or imminent SSO.

(Ord. No. 493, § 2, 11-5-2013)

A. In the event a permittee is unable to comply with any FOG WDP condition due to a breakdown of equipment, accidents, or human error or the permittee has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FOG WDP or this chapter, the user/permittee shall immediately notify the city by telephone at the number specified in the FOG WDP. If the material discharged to the public sewer has the potential to cause or result in sewer blockages or SSOs, the user/permittee shall immediately notify the city.

B. Confirmation of this notification shall be made in writing to the city at the address specified in the FOG WDP postmarked no later than two calendar days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.

C. Such notification shall not relieve the user/permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to persons or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by this chapter.

(Ord. No. 493, § 2, 11-5-2013)

A. A permittee shall notify the city in writing at least sixty days prior to any facility expansion or remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. A permittee shall submit any information requested by the city for evaluation of the effect of such expansion or remodeling on the permittee's FOG discharge to the public sewer.

(Ord. No. 493, § 2, 11-5-2013)