Compton Municipal Code § 23-3 Sanitary Sewer Overflow Reduction Program

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This section shall be known as the "Sanitary Sewer Overflow Reduction Program" Ordinance of the City of Compton.

[Ord. #2280]

The purpose of this section is to reduce sewer system overflow incidents by: (1) developing and implementing a preventative maintenance program to assure optimum functioning of the sewer system; (2) prevent illicit discharges and obstructions to the sewer system associated with food serving and other establishments; and (3) require the proper design and construction of sewers and connections from such establishments. The intent of this section is to protect the environment by minimizing the release of pathogens contained in sewer discharges to receiving waters such as the Los Angeles River and its tributary and Compton Creek, on which persons depend for a variety of beneficial uses.

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The following are definitions of terms used in this section:

BEST MANAGEMENT PRACTICES

Shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to: (1) prevent or reduce the introduction of fats, oils, and grease to the sewer facilities; and (2) to prevent and reduce sanitary sewer overflows to municipal storm drain system and receiving waters through preventative maintenance.

DISCHARGER

Shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User.

ESTABLISHMENT

Shall mean commercial or industrial establishments, as well as retail food service establishments, that may discharge fats, oils and grease.

FOG

Shall mean fats, oils and grease. Any substance such as a vegetable or animal product that is used in, or is a by-product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other condition is included in this definition.

FOOD GRINDER

Shall mean any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by-products for the purpose of disposing it in the sewer system. Also means a garbage disposal.

FOOD SERVICE ESTABLISHMENTS

Shall mean those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption by individuals including, but not limited to a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, or care institution. Such establishments use one or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sauteing, rotisserie, cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching.

GREASE CONTROL DEVICE

Shall mean any grease interceptor, grease trap or other approved mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap, collect, or treat FOG prior to it being discharged into the sewer system.

GREASE INTERCEPTOR

Shall mean a multicompartment device that is constructed in different sizes and is generally required to be located, according to the current edition of the California Plumbing Code, underground between any establishment, including food service establishments that generate FOG, and the connection to the sewer system.

GREASE TRAP

Shall mean a grease interceptor that is designed to retain grease from one to a maximum of four fixtures. Grease traps serve individual fixtures.

INFILTRATION

Shall mean water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.

INFLOW

Shall mean water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.

MANIFEST

Shall mean that receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the City.

NEW CONSTRUCTION

Shall mean any structure planned or under construction for which a sewer connection permit has not been issued.

PERSON

Shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America.

SAMPLE POINT

Shall mean a location approved by the City, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled.

SAMPLING FACILITIES

Shall mean structure(s) provided at the user's expense for the City or user to measure and record wastewater constituent mass concentrations, collect a representative sample, or provide access to plug or terminate the discharge.

SEWER LATERAL

Shall mean a building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and a public sewer system.

SEWER OR SEWER SYSTEM

Shall mean any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge. This definition includes, but is not limited to, any property belonging to the City used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or sludge.

SLUDGE

Shall mean any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment establishment.

WASTE

Shall mean sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

WASTEWATER

Shall mean the liquid and watercarried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.

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No food service establishment shall discharge or cause to be discharged into the sewer system FOG that accumulates and/or causes or contributes to blockages in the sewer system or at the sewer system lateral, which connects the food service establishment to the sewer system.

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The following prohibitions shall apply to food service establishments that generate FOG:

a. The use of food grinders in the plumbing system of new construction or existing food service establishments generally is not prohibited but may be prohibited later if the Director of Public Works determines that the food grinder causes or contributes to sanitary sewer overflows.

b. Employees shall not pour, dispose, or place any food product, prepared or unprepared, containing FOG materials into a sink or other device equipped with a food grinder.

c. Introduction of any additives into any establishment's wastewater system for the purpose of emulsifying FOG is prohibited unless approved by the Director of Public Works.

d. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.

e. Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.

f. Discharge of wastewater with temperatures in excess of 140° F. to any grease control device, including grease traps and grease interceptors, is prohibited.

g. The use of biological additives for grease remediation or as a supplement to interceptor maintenance is prohibited, unless written approval for the Director of Public Works is obtained.

h. Discharge of wastes from toilets, urinals, wash basins, and other fixture containing fecal materials to sewer lines intended for grease interceptor service, or vice versa, is prohibited.

i. Discharge into the sewer system of any waste which has FOG as well as solid materials removed from the grease control device is prohibited. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors. Licensed waste haulers or an approved recycling facility must be used to dispose of FOG, including waste cooking oil.

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Food service establishments must pay:

a. A wastewater discharge fee that may be set by ordinance or resolution of the City Council to offset the costs of enforcing this section.

1. Any industrial or commercial establishment required to operate a wastewater clarifier shall not be subject to such fee.

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All new food service establishments are required to install, operate and maintain an adequately sized and type of grease interceptor or equivalent grease control device, approved by the Director of Public Works as deemed necessary to maintain compliance with the objectives of this section.

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Any existing or new industrial or commercial facility, except food service establishments, that discharges FOG materials that have the potential to cause blockages to the sewer system shall be required, at the discretion of the Director of Public Works, to obtain an industrial waste discharge permit from the Sanitation District of Los Angeles County, but such industrial or commercial facility shall not be required to pay to a monthly FOG wastewater fee or a FOG Control fee surcharge, unless such facility fails to install a clarifier or other device that prevents the discharge of fat, oil, or grease to the sewer system.

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Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease interceptor serving multiple establishments that are located on a single parcel or for paying the FOG fee surcharge if there is no grease interceptor.

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This section shall not be interpreted to allow new construction, remodeling or change in operations without an approved grease interceptor unless the Director of Public Works has determined in writing that it is impossible or impracticable to install or operate a grease interceptor for the subject food service establishment under the provisions of this section.

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Establishments found to have contributed to a sewer blockage, sanitary sewer overflow, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. If the City must act to contain and/or clean up an SSO caused by blockage of a private or public sewer lateral or system, or at the request of the property owner or operator of the establishment, or because of the failure of the property owner or establishment to abate the condition causing a threat to the health, safety, welfare, or property of the public, or because of an unauthorized discharge of FOG, the City's costs for such abatement will be entirely borne by the property owner or operator of the establishment, and said cost will constitute a debt to the City and become due and payable upon the City's request for reimbursement of such costs.

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Sanitary sewer overflows may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances.

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All grease interceptors must comply with all relevant City ordinances, and the current edition of the California Plumbing Code, if applicable.

a. Grease interceptor sizing and installation shall conform to the current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the Director of Public Works or the City's Building Official or his/her designee and shall have a minimum of two compartments with fittings designed for grease retention and a sampling box.

b. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease.

c. Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

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a. Grease interceptors shall be maintained in an efficient operating condition by periodic removal of the full content of the interceptor which includes wastewater accumulated FOG, floating materials, sludge and solids. All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the Director of Public Works pursuant to this section. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

b. All establishments with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency of the grease interceptors and shall be determined in one of the following methods:

1. Grease interceptors shall be fully pumped-out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed 25% of the total liquid depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available volume is maintained to effectively intercept and retain FOG discharged to the sewer system.

2. All establishments with a grease interceptor shall maintain their grease interceptor not less than once every six months. Grease interceptors shall be pumped out completely and cleaned quarterly when the frequency described in above Paragraph b1. The maintenance frequency shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in above Paragraph b1. The Director of Public Works may change the maintenance frequency at any time to reflect changes in actual operating conditions. Based on the actual generation of FOG from an establishment, including food service establishments that generate FOG, the maintenance frequency may increase or decrease.

3. If the grease interceptor, at any time, contains FOG and solids accumulation that do not meet the requirements described above in Paragraph a, any establishment, including food service establishments, generating FOG, shall be required to service its grease interceptor(s) immediately to assure that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the Director of Public Works may also increase the maintenance frequency of the grease interceptor from the current frequency.

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Establishments are subject to the following compliance monitoring requirements:

a. Establishments, at the discretion of the Director of Public Works, may be required to construct and maintain in proper operating condition, at the establishment's sole expense, flow monitoring, constituent monitoring and/or sampling facilities.

b. The location of the monitoring or metering facilities shall be subject to approval by the Director of Public Works.

c. Establishments may also be required by the Director of Public Works to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the grease control device or grease interceptor and compliance with this section.

d. Establishments shall not increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this section.

e. The Director of Public Works may require periodic reporting of the status of implementation of best management practices implemented at establishments.

f. The Director of Public Works may require visual monitoring at the sole expense of the establishment which generates FOG to observe the actual conditions of any establishment's, including food service establishments that generate FOG, sewer lateral and sewer lines downstream.

g. The Director of Public Works may require reports for self-monitoring of wastewater constituents and FOG characteristics of the establishment needed for determining compliance with this section. Failure by the establishment to perform any required monitoring, or to submit monitoring reports required by the Director of Public Works constitutes a violation of this section and would be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in this section. The establishment shall be responsible for any and all expenses of the City in undertaking such monitoring tasks and analyses, including the preparation of reports.

h. Other reports may be required, such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the Director of Public Works to ensure compliance with this section.

i. Establishments are required to keep all manifests, receipts and invoices of all cleaning, maintenance, and grease removal of/from the grease control device, disposal carrier and disposal site location for no less than five years.

j. Establishments shall, upon request, make the manifests, receipts and invoices available to the Director of Public Works or his/her designee. These records may include:

1. A logbook of grease control device cleaning and maintenance practices.

2. A record of best management practices being implemented including employee training.

3. Copies of records and manifests of waste hauling interceptor contents and/or waste cooking oil disposal.

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

5. Any other information deemed appropriate by the Director of Public Works to ensure compliance with this section.

k. 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 section.

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All establishments shall implement best management practices in its operation to minimize the discharge of FOG to the sewer system and in accordance with the requirements and guidelines established by the City in an effort to minimize the discharge of FOG to the sewer system, which shall, at a minimum, include the following:

a. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation and kitchen areas.

b. Segregation and collection of waste cooking oil. All employees must comply with all provisions of this section relating to segregation, disposal and recycling of FOG.

c. Disposal of food wastes. All food waste shall be disposed of directly into the trash or garbage, and not into sinks (unless equipped with food grinders), or into toilets.

d. Food grinders. All employees shall not pour, dispose, or place any food product, prepared or unprepared, containing FOG materials into a sink equipped with a food grinder.

e. Employee training. Employees of the food service establishment shall be trained within 180 days of the effective date of this section, and twice each calendar year thereafter, on the following subjects:

1. How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease.

2. How to properly dispose of food waste and solids prior to disposal in trash bins or containers to prevent leaking and odors.

3. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped.

4. How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling.

5. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the Director of Public Works or his/her designee.

f. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed of properly.

g. Kitchen signage. Best management practices and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

h. Employee Training Verification. Employee training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the Director of Public Works or his/her designee.

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The Director of Public Works or his/her designee may inspect or order the inspection and sample the wastewater discharges of any establishment subject to this section to ascertain whether the intent of this section is being met and the establishment is complying with all requirements.

a. Inspection of Premises. The Director of Public Works or his/her designee shall be authorized to enter the premises where wastewater is created or discharged during all times the establishment is open, operating, or any other reasonable time, to determine compliance with the provisions of this section. Such inspection may include, but not be limited to, inspecting, sampling, metering, monitoring, reviewing, photographing, video recording of waste generating processes, treatment facilities, discharge locations, storage areas, storage containers, chemicals and wastes, as well as copying any records, reports, test results or other data.

b. Metering and Sampling Devices. The Director of Public Works or his/her designee shall have the right to place or order the placement on the establishment's property or other locations as determined by the Director of Public Works or designee such devices as are necessary to conduct sampling or metering operations. Where any establishment has security measures in force, the establishment shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

c. Access to Establishment. Persons or occupants of premises where wastewater is created or discharged shall allow the Director of Public Works, or his/her designee, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection, as set forth in Subsection a above, during all times the establishment is open, operating, or any other reasonable time.

d. Access to Documents for Inspection. In order for the Director of Public Works or his/her designee to determine compliance with the provisions of this section, the establishment shall make available for inspection and copying by the City all records required to be created and maintained under this section, including, but not limited to: manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptors, as well as, notices, monitoring reports, waste manifests, and records including those related to wastewater generation, and wastewater disposal. All such records shall be kept for a minimum of five years.

e. Sampling and Inspection Frequency. Sampling and inspection of any establishments, including food service establishments that generate FOG shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the Director of Public Works or his/her designee. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer.

f. Right of entry. No person shall interfere with, delay, resist or refuse entrance to the Director of Public Works or his/her designee attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system as provided for in this section.

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In the event an establishment is unable to comply with any permit condition or provision of this chapter and/or section due to a breakdown of equipment, accidents, or human error or the establishment has reasonable opportunity to know that his/her/its discharge will exceed the discharge provisions of this chapter and/or section, the discharger shall immediately notify the Director of Public Works or his/her designee by telephone. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the County of Los Angeles Health Department and/or other appropriate County department and the City.

a. Agency Notification. Confirmation of this notification shall be made in writing to the Director of Public Works no later than five 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.

b. Non-Relief From Expense, Loss, Damage, or Liability. Such notification shall not relieve the establishment of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the City or any other damage or loss to person or property; nor shall such notification relieve the establishment of any fees or other liability which may be imposed by this chapter and/or section or other applicable law, including any City ordinances or resolutions.

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This Chapter shall be enforced to the extent described below:

a. Any person who negligently or knowingly violates any provision of this section, undertakes to conceal any violation of this section, continues any violation of this section after notice thereof, or violates the terms, conditions and requirements of any permit issued pursuant to this chapter and/or section, shall be guilty of a misdemeanor punishable by a fine of up to $1,000 or by imprisonment for a period of not more than six months, or both.

b. Any person who negligently or knowingly violates any provision of this section, undertakes to conceal any violation of this section, or continues any violation of this section after notice thereof, shall reimburse the City for any and all costs incurred by the City in responding to, investigating, assessing, monitoring, treating, cleaning, removing, or remediating any illicit discharge, illicit connection, or pollutant discharged to the Municipal Separate Storm Sewer System (MS4), causing or threatening to cause a receiving water exceedance, or remediating any violation of this chapter and/or section. Such costs to be paid to the City include all administrative expenses and all legal expenses, including costs and attorneys' fees, in obtaining compliance and in litigation including all costs and attorneys' fees on any appeal.

c. Violations of this chapter and/or section may further be deemed to be a public nuisance which may be abated by administrative or civil or criminal action in accordance with the terms and provisions of this Municipal Code and/or state law.

d. All costs and fees incurred by the City as a result of any violation of this chapter and/or section which constitute a nuisance, including all administrative fees and expenses and legal fees and expenses, shall become a lien against the subject premises from which the nuisance emanated and a personal obligation against the owner, in accordance with Government Code Section 43000, et seq. The owner of record of the premises subject to any lien shall receive notice of the lien prior to recording, as required by Government Code Section 43000, et seq. The City Attorney is authorized to collect nuisance abatement costs or enforce a nuisance lien in an action brought for money judgment, or by delivery to the county assessor of a special assessment against the premises in accordance with the conditions and requirements of Government Code Section 51800.

e. Any person acting in violation of this chapter and/or section may also be acting in violation of the Clean Water Act or the California Porter-Cologne Act (California Water Code Section 13000, et seq.) and the regulations thereunder and other laws and regulations and may be subject to damages, fines and penalties, including civil liability under such other laws. The City Attorney is authorized to file a citizen's suit pursuant to the Clean Water Act, seeking penalties, damages and orders compelling compliance and appropriate relief.

f. Each separate discharge in violation of this section and each day a violation of this section exists, without correction, shall constitute a new separate violation punishable as a criminal offense and/or civil violation.

g. Any person assessed a penalty under this section may dispute the penalty by filing a written notice of appeal with the Director of Public Works or other City official designated by the City Manager no later than 30 days after the date of issue of the penalty. The notice of appeal shall include any statements and evidence that the appellant wishes to have considered in connection with the appeal. If, as a result of the hearing, it is determined that the penalty was wrongly assessed, the City shall refund any money previously paid in connection with the penalty. The decision of the Hearing Examiner, appointed by the Director of Public Works shall be final except for judicial review and shall not be appealable to the City Council.

h. The City may utilize any and all other remedies as otherwise provided by law.

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Any person who discharges a waste which causes or contributes to the City violating its discharge requirements established by any Regulatory Agency with jurisdiction over the City incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the City, including regulatory fines, penalties, and assessments made by other agencies or a court.