Dunsmuir Municipal Code Ch. 13.08 Sewer System

The purpose of this chapter is to provide for the maximum possible beneficial public use of the city's facilities through adequate regulation of sewer construction and sewer use, to provide for equitable distribution of the city's costs.

(Prior code § 15A-1; Ord. No. 549, § 1, 7-30-2015)

The provisions of this chapter shall apply to all wastewater discharged to the city's public sewer, and such provisions are intended to be consistent, where appropriate, with the Uniform Plumbing Code. This chapter among other things provides for the regulation of sewer construction, the approval of plans for sewer construction, the issuance of permits, authority for setting of waste discharge fees, and the establishment of penalties for violation of this chapter.

(Prior code § 15A-2; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Apartment" means a room, or suite of rooms, occupied by one family doing its cooking therein.

"Automobile camp" means land or premises used for occupancy by campers, traveling by automobile or otherwise, or for occupancy by trailers, tents, or movable or temporary dwellings, rooms or sleeping quarters of any kind.

"Building" means any structure used for human habitation, a place of business, recreation, or other purposes.

"Building sewer lateral" means the sewer connecting the building sewer to the public sewer for the purpose of conveying domestic wastewater.

"City administrator" means the person appointed by the city council to administer and enforce the rules and regulations of the city.

"Club" refers to and means an association primarily organized for some common, nonprofit purpose including lodges and fraternal orders, but not including groups organized primarily to render a service which is customarily carried on as a business.

"Contractor" means any contractor licensed by the state to enter into contracts to perform the work of installing, repairing, replacing or relocating sewers.

"Domestic wastewater" means the water-carried wastes produced from noncommercial or nonindustrial activities and which result from normal human living processes.

"Dwelling group" means a group or row of detached or semidetached dwellings occupying a parcel of land in one ownership and having a yard or court in common, including bungalow courts, but not including automobile courts.

"Hotel" or "motel" means a group of two or more detached or semidetached buildings, containing guest rooms or apartments with automobile storage space, serving such rooms or apartments provided in connection therewith, or without such automobile space, which group is used primarily for the accommodation of automobile travelers; including such groups designated as auto cabin, motor lodge, motel, and by similar designations.

"Industrial wastewater" means all water-carried wastes and wastewater of the community excluding domestic wastewater, and includes all wastewater from any producing, manufacturing, processing, institutional, commercial, agricultural, or other operation where the wastewater discharged includes significant quantities of wastes of nonhuman origin.

"Inspector" means a person authorized by the city administrator to inspect wastewater generation, conveyance, processing and disposal facilities.

"Multiple dwelling" means a building occupied by two or more families, each living independently as a separate housekeeping unit; including apartment houses, apartment hotels and flats, and trailer courts.

"One-family dwelling" means a detached building containing only one kitchen and occupied by one family exclusively.

"Person" means any individual, partnership, committee, association, corporation, public agency, and any other organization or group of persons, public or private.

"Premises" means a lot, parcel of land, building or establishment.

"Private sewage disposal system" means any septic system or other sewage disposal system, whether lawful or unlawful, servicing any structure within the city limits.

"Public sewer" means any sewer dedicated to public use and whose use is controlled by the city.

"Radioactive material" means material containing chemical elements that spontaneously change their atomic structure by emitting any particles, rays or energy forms.

"Sewage system" means a network of wastewater collection, conveyance, treatment and disposal facilities interconnected by sewers, and owned by the city.

Shall and May. "Shall" is mandatory, and "may" is permissive.

"Street" means any public highway, road, street, avenue, alley, way, public place, public easement or right-of-way.

"Wastewater" means the water-carried wastes of the community derived from human or industrial sources including domestic wastewater and industrial wastewater. Rainwater, groundwater or drainage of uncontaminated water is not wastewater.

(Prior code § 15A-8; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Generally, liquid wastes originating in the area serviced by the city's sewage system will be removed by the city provided the wastes will not:

A. Damage structures;

B. Create nuisance such as odors;

C. Menace public health;

D. Impose unreasonable collection, treatment or disposal costs of the city;

E. Interfere with wastewater treatment processes;

F. Exceed quality requirements set by regulatory government agencies; or

G. Detrimentally affect the local environment.

(Prior code § 15A-3; Ord. No. 549, § 1, 7-30-2015)

For connection fees and service charges, rate schedule and monthly service charges for use of facilities, see Attachment A, attached to the ordinance codified in this chapter and on file in the city clerk's office.

On July 1, 2004 the wastewater connection fee shall be two thousand five hundred dollars ($2,500.00). Commencing July 1, 2005 and on July 1st of every year following, the wastewater connection fee shall be increased by the construction cost index as published by the Engineering News Record on April 1, 2005 and on the April 1st determination date of every year following.

Wastewater connection fees do not include applicant's cost for an acceptable licensed contractor to connect to the city sewer main. These costs are in addition to the connection fee.

(Prior code § 15A-4; Ord. 509 § 6, 2002; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

The finance director shall submit annually a revised Attachment A during budget and code adoption and the city clerk's office shall retain on file in the city clerk's office or codified copy in this chapter.

The finance director may, from time to time, submit for council's consideration, changes, additions, deletions, subtractions, amendments as considered necessary. Any changes shall cause revision to the code by ordinance amendment, with proper hearings and council's approval of ordinance amendments.

(Prior code § 15A-5; Ord. 513 (part), 2004; Res. 2004-26 part, 2004; Ord. No. 549, § 1, 7-30-2015)

A. All rates, fees and charges imposed under the provisions of this chapter are due and payable upon receipt of the notice of charges and may be billed monthly, bimonthly or quarterly in advance. Unpaid charges shall become delinquent twenty-five (25) days after mailing or delivering the notice of charges. A basic penalty charge of ten (10) percent of the unpaid amount shall be added to any fee or charge that remains delinquent on the first day of the month following mailing or delivery. Interest at the rate of one-half of one percent per month shall accrue on the total of all such delinquent charges plus all penalty charges.

B. Sewage service charge specified shall be charged, collected and enforced in the same manner, at the same time, and by the same person, or persons, as are the charges for garbage service furnished by the city, and the amount thereof shall be included in the total amount due for garbage service. All provisions of this code and the city ordinances applicable to the charge, collection and enforcement of rates for garage service furnished by the city are made applicable to this chapter. Persons subject to this chapter but who are not subject to garbage service, shall be charged and billed separately for sewage services but shall be billed in the same manner and at the same time as persons subject to garbage service.

(Prior code § 15A-6; Ord. 481 § 2, 1993; Ord. No. 549, § 1, 7-30-2015)

Except as otherwise provided in this chapter, the city administrator shall administer, implement and enforce the provisions of this chapter. Any powers granted to or duties imposed upon the city administrator may be delegated by the city administrator to persons acting in the beneficial interest of or in the employ of the city.

(Prior code § 15A-9; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Any time limit provided in any written notice or in any provision of this chapter may be extended only by a written directive of the city administrator.

(Prior code § 15A-10; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Adequate identification shall be provided by the city administrator for all inspectors and other authorized personnel and these persons shall identify themselves when entering any private property for inspection purposes or when inspecting the work of any contractor. Inspection of every facility that is involved directly with the discharge of wastewater to the city's sewage systems shall be made by the city. Any owner or tenant refusing to allow inspection shall be served with a duly issued search warrant before such inspection may proceed.

(Prior code § 15A-11; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

The rules and regulations set out in this chapter respecting sewer construction and sewer use are adopted and all work in respect thereto shall be performed as herein required and not otherwise.

(Prior code § 15A-12; Ord. No. 549, § 1, 7-30-2015)

Following the effective date of the ordinance codified in this chapter, it shall be unlawful for any person to connect to, construct, install or provide, maintain and use any other means of sewage disposal from any building in the city except by connection to the public sewer in the manner provided in this chapter.

(Prior code § 15A-13; Ord. No. 549, § 1, 7-30-2015)

No public sewer, building sewer, lateral or other sewage works shall be constructed, altered or repaired until a permit for the work has been obtained from the city and all fees paid in accordance with the rules, regulations and ordinances of the city.

No permit shall be issued for the installation, alteration or repair of any private sewage disposal system, or any part thereof, for any lot for which a connection to the city's sewage system is available within eight hundred (800) feet of such lot.

(Prior code § 15A-14; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

The city administrator will approve plans for sewerage construction, issue a permit under this chapter only if it appears to the city administrator that the sewerage construction, sewer connection, or other procedure conforms to the requirements of this chapter. All required fees and charges shall be paid before approval of plans or issuance of a permit. The approval of plans or the issuance of a permit shall not relieve the discharger of any duty imposed upon him pursuant to this chapter.

(Prior code § 15A-15; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Any permit applicant, or permit holder adversely affected by any decision, action or determination made by or on behalf of the city in interpreting or implementing the provisions of this chapter or any permit issued hereto, may file with the city a written request for reconsideration. Such request shall be acted upon by the city administrator within ten (10) days from the date of filing. If the ruling made by the city administrator is unsatisfactory to the person requesting reconsideration, the person may make a written appeal to the city council within ten (10) days after notice of the action taken by the city administrator. The written appeal shall state all the pertinent aspects of the matter. Within forty-five (45) days after the written appeal is received, the city council shall hold a hearing on this matter. Within ten (10) days after the hearing is closed, said council shall make a final ruling on the appeal.

(Prior code § 15A-16; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Permits for work on public sewers shall be issued only to contractors as said contractors are defined in Section 13.08.030 hereof. Permits may be issued for installation, alteration or repairs of building sewer laterals to the property owner. Application for sewer permits shall provide costs, plans, specifications, or other information considered pertinent in the judgment of the city.

(Prior code § 15A-17; Ord. No. 549, § 1, 7-30-2015)

All costs and expense incident to the construction, installation and connection of the building sewer lateral shall be borne by the owner. The acceptance of any permit shall constitute an agreement by the person to comply with all the provisions, terms and requirements of this and other ordinances, rules and regulations of the city. The owner and/or person shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer lateral including the negligent or unlawful act of any person installing or maintaining the building sewer lateral.

(Prior code § 15A-18; Ord. No. 549, § 1, 7-30-2015)

In all buildings where a gravity sewer lateral will not work, sewage shall be lifted by artificial means in a system approved by the city and discharged to the public sewer, all at the expense of the owner.

(Prior code § 15A-19; Ord. No. 549, § 1, 7-30-2015)

Building sewer laterals to the main shall be maintained by the owner of the property served thereby.

(Prior code § 15A-20; Ord. No. 549, § 1, 7-30-2015)

The application for a permit for public sewer construction shall be accompanied by three complete sets of plans, profiles and specifications, complying with all applicable ordinances, rules and regulations of the city prepared by a registered civil engineer, showing all details of the proposed work based on an accurate survey of the ground. The application together with the plans, profiles and specifications shall be examined by the city who shall within twenty (20) days approve them as filed or require them to be modified as it deems necessary for proper installation. After examination by the city, the application, plans, profiles and specifications shall be submitted to the city council at its next regular meeting for its consideration. When the city council is satisfied that the proposed work is proper and the plans, profiles and specifications are sufficient and correct, it shall order the issuance of a permit predicated upon the payment of all connection charges, fees and deposits as required by the city. The permit shall prescribe such terms and conditions as the city finds necessary in the public interest.

(Prior code § 15A-21; Ord. No. 549, § 1, 7-30-2015)

A. Domestic wastewater, consisting of human waste, may be passed into the city sewers without screening.

B. Industrial wastes must, upon order of the city administrator, be screened through the equivalent of a screen with sixteen (16) meshes to the linear inch in both directions, with the allowance that in the event mechanical screens are used, openings in screen plates must be of equivalent screen capacity subject to the approval of the city administrator.

(Prior code § 15A-22; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

A. Each person having a sewer connection connecting with the sewage system of the city is granted a permit to discharge sewage into the sewerage system of the city. All others who in the future shall require service, by a connection with the city sewer system, whereby the domestic or industrial wastewater, or both, are disposed of by the city, must obtain from the city administrator or his authorized representative, a permit to discharge such domestic or industrial wastewater.

B. Application for a permit to discharge such domestic or industrial wastewater shall be in writing and shall contain, among other things, the following information:

1. Name and address of applicant;

2. Proposed location of connection;

3. Character of waste or sewage proposed to be discharged;

4. Other information that may be deemed to be necessary by the city administrator.

C. In the event that the city administrator finds and determines:

1. That such wastes will not result in damage to the sewer system;

2. That the pipeline in which the connection has discharged, or is to discharge, has sufficient capacity for the disposition of those wastes; then the city administrator shall issue a permit to the applicant as requested.

D. Persons desiring permits shall make application for such permit within ten (10) days after the adoption of the ordinance codified in this chapter and such permits shall be subject to the rules and regulations herein imposed.

(Prior code § 15A-23; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

In the event that an easement is required for the construction or extension of the public sewer or the making of connections, the applicant shall procure for and have accepted by the city a proper easement or grant of right-of-way having a minimum width of ten (10) feet and sufficient to allow the construction and maintenance of such public sewer or connection.

(Prior code § 15A-24; Ord. No. 549, § 1, 7-30-2015)

Minimum standards for the design and construction of sewers to be included in the city's sewer system shall be in accordance with the "Standard City Specifications" hereafter adopted by the city, copies of which are on file in the city administrator's office. The city administrator, with the consent of the city council may permit modifications or may require higher standards where unusual conditions are encountered. Two complete sets of "as-built" drawings showing the actual location of all mains, structures, wyes and laterals shall be filed with the city before final acceptance of the work.

(Prior code § 15A-25; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Before any acceptance of the public sewer line by the city and prior to the admission of sewage into the system, the sewer line shall be tested and shall be complete and in full compliance with all requirements of the city's specifications and to the satisfaction of the city.

(Prior code § 15A-26; Ord. No. 549, § 1, 7-30-2015)

The connection of the building sewer lateral into the public sewer shall conform to the requirements of the city. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the city administrator in writing before installation.

(Prior code § 15A-27; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

The applicant for a building sewer lateral permit shall notify the city administrator when the building sewer lateral is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the city administrator or his representative. Any damage to the public sewer shall be repaired at the cost of the applicant to the satisfaction of the city administrator.

(Prior code § 15A-28; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

All excavations for building sewer lateral 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 administrator.

(Prior code § 15A-29; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Any contractor constructing a sewer within a street shall comply with all state and local laws, ordinances, rules and regulations pertaining to the cutting of pavement, opening, barricading, lighting and protection of trenches, backfilling and repaving thereof and shall obtain all permits and pay all fees required by the agency having jurisdiction prior to the issuance of a permit by the city.

(Prior code § 15A-30; Ord. No. 549, § 1, 7-30-2015)

All persons owning vacuum or "cesspool" pump trucks or other liquid waste transport trucks and desiring to discharge septic tank, seepage pit, interceptor or cesspool contents, or other liquid wastes to sewerage facilities of the city or to facilities that discharge directly or indirectly to such sewerage facilities shall first have a valid city trucker's discharge permit. All applicants for such permit shall complete the application form, pay appropriate fee, receive a copy of the city regulations governing discharge to sewers of liquid wastes from trucks and shall agree, in writing, to abide by these regulations. Discharge of septic tank, seepage pit, interceptor or cesspool contents or other wastes containing no industrial wastes may be made by trucks holding a city permit at the city's designated public dumping manhole. Truck transported industrial wastes shall be prohibited. The city may require payment for treatment and disposal costs or may refuse permission to discharge certain prohibited wastes. The trucker's discharge permit shall be valid for one year from date of issuance. Any person negligently or wilfully violating the city's requirements for liquid waste discharges from trucks shall be in violation of this chapter and may have his permit revoked by the city administrator.

(Prior code § 15A-31; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

The work of adjusting manholes on city's sewers to new grades will be performed by personnel of the city in cooperation with the contractor and in accordance with established procedures of the city. The person proposing or performing work necessitating the adjustment of manholes on city's sewers to a new grade, shall be responsible for notifying the city in advance of the work.

(Prior code § 15A-32; Ord. No. 549, § 1, 7-30-2015)

No person shall discharge or cause to be discharged any of the following described materials, substances, liquids, waters or wastes into the public sewer system of the city:

A. Storm and Cooling Water. Any rainwater, stormwater, groundwater, street drainage, subsurface drainage, roof drainage, yard drainage, cooling water, or water from yard fountains, ponds or lawn sprays or other uncontaminated water. If the city locates any such drainage into sewer, it shall order the owner to eliminate the source of such drainage at the landowner's expense within thirty (30) days.

B. Solids or Viscous Matter. Any solids, or viscous substances of such size or in such quantity that they may cause obstruction to flow in the sewer or be detrimental to proper wastewater treatment plant operations; these objectionable substances include, but are not limited to, asphalt, dead animals, offal, ashes, sand, rock, cement, mud, straw, industrial process shavings, metal, glass, rags, feathers, tar, plastic, wood, whole blood, paunch manure, bones, hair and fleshings, entrails, paper dishes, paper cups, milk containers, or other potable substances, or other similar paper products, either whole or ground.

C. Dilution Water. Any water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations.

D. Flammable or Explosive Substances. Any gasoline, benzene, naphtha, solvent, fuel oil or any liquid or gas that would cause or tend to cause flammable or explosive conditions to result in the sewage works.

E. Hot Substances. Any liquid, vapor, solid, gas or thing having or developing a temperature of one hundred fifty (150) degrees or more.

F. Grease, Oil and Fats. Any liquid or other waste containing floatable and/or dispersible grease, oil or fat of animal, vegetable or mineral origin in excess of one hundred (100) parts per million by weight; all buildings that serve food either full time or part time (such as restaurants) must meet all sections of the Uniform Plumbing Code and Section 13.08.360, control of fats, oils, and grease.

G. Corrosive Substances. Any waters or wastes having pH lower than 6.0 or higher than 8.5 or having any other corrosive property capable of causing damage or injury to structures, equipment or personnel of the city.

H. Toxic Substances. Any wastes including those listed below, containing toxic or poisonous solids, liquids or gases in such quantities that, alone or in combination with other waste substances, may create a hazard for humans, animals or the local environment, interfere detrimentally with wastewater treatment processes, cause a public nuisance, or cause any hazardous conditions to occur in the sewage works:

I. Insecticides. Any liquid or wastes containing algaecides, fungicides, antibiotics, insecticides, strong oxidizing agents or strong reducing agents.

J. Suspended and Dissolved Solids. Any liquids or wastes containing suspended solids or dissolved matter of such character or quantity that unusual attention or expense is required to handle, process or treat such matter at the treatment plant.

K. Sulfides. Any wastes containing over 1.1 milligram/liter of dissolved sulfides.

L. Noxious Odors. Any noxious or malodorous gas or substance capable of creating a public nuisance either by itself or by interaction with other substances.

M. Chlorine Demand. Any wastes requiring an excessive quantity of chlorine or other chemical compound used for disinfection purposes.

N. Discoloration. Any wastes producing excessive discoloration of wastewater or treatment plant effluent.

O. Radioactive Wastes. Any radioactive wastes unless a permit has been issued by the city and the county health officer. No such permit shall be issued unless:

1. The person is authorized to use radioactive materials by the State Department of Public Health or other governmental agency empowered to regulate the use of radioactive materials;

2. The waste is discharged in strict conformity with current California Radiation Control Regulations (California Administrative Code, Title 17) and the Atomic Energy Commission regulations and recommendation for safe disposal; and

3. The person is in compliance with all rules and regulations of all other applicable regulatory agencies.

P. Miscellaneous Wastes. Any liquid or waste containing portions of the human anatomy.

Q. Untreatable Wastes. Any liquid or waste containing substances which are not amenable to treatment or which cause the treatment plant effluent to fail to meet the discharge requirements established by the State Water Resources Control Board, the California Regional Water Quality Control Board, or any other state or regulatory agency.

R. Slugs. Any unusual volume of flow or concentration of waste constituting a "slug," where "slug" is defined as any discharge of liquid, 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 (15) minutes more than five times the average twenty-four (24) hour concentration or flow during normal operation.

(Prior code § 15A-33; Ord. No. 549, § 1, 7-30-2015; Ord. No. 562, § 2, 8-15-2019)

Any unauthorized entering, breaking, damaging, destroying, uncovering, defacing or tampering with any structure, equipment or appurtenance which is a part of the city sewerage systems shall be a violation of this chapter.

(Prior code § 15A-34; Ord. No. 549, § 1, 7-30-2015)

The city administrator shall notify any person found to be in violation of this chapter or of any limitation or requirement of a permit issued hereunder. Unless otherwise provided herein, any notice required to be given by the city administrator under this chapter shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last address known to the city. Where the address is unknown, service may be made upon the owner of record of the property involved. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the United States Postal Service.

(Prior code § 15A-35; Ord. 513 (part), 2004; Ord. No. 549, § 1, 7-30-2015)

Every person violating any provision of this chapter, including the failure to pay any fees, charges or surcharges imposed hereby, or any condition or limitation of a permit or plan approval issued pursuant thereto, is guilty of an infraction and upon conviction is punishable as set forth in Section 36900 of the California Government Code. Each day during which any violation continues shall constitute a separate and subsequent offense punishable as provided in said Section 36900. The city may sue to recover any amounts due the city under the provisions of this chapter.

(Prior code § 15A-36; Ord. No. 549, § 1, 7-30-2015)

This section facilitates implementation of a comprehensive FOG source control program to keep fats, oils, and grease (FOG) out of the city's sewer system, and compliance with the city's current National Pollutant Discharge Elimination System (NPDES) permits and the Sanitary Sewer Overflow Waste Discharge Requirements (WDRs) permit, which are issued by the Central Valley Regional Water Quality Control Board and the United States Environmental Protection Agency (US EPA).

A. The primary objective of this section is to reduce FOG discharges from local food service establishments (FSEs), whether they serve food part-time or full-time, automotive service facilities, machine shops, and other non-residential facilities that contribute FOG (FOG dischargers) into the city's sewerage system. All FOG dischargers must meet all sections of the Uniform Plumbing Code and this section in regard to control of fats, oils, and grease. All FOG dischargers that are existing or meet the definition of FOG discharger as defined herein shall comply with this section.

B. This section will:

1. Provide standards for the types of grease capturing equipment that must be installed by FOG dischargers;

2. Provide for the effective long-term use of grease capturing equipment through related operational requirements and prohibitions, and periodic inspections;

3. Increase opportunities for recovering from wastewater discharge lines both food solids (which can be composted) and waste grease (which can be recycled, and may also be able to be converted to biofuel);

4. Aid in preventing sanitary sewer blockages and obstructions from contributions and accumulation of FOG in the sanitary sewerage system;

5. Prevent the uncontrolled introduction of FOG into the sewage system that will interfere with its operation; and

6. Facilitate city compliance with applicable federal and state laws regarding sewerage system operations.

C. Applicability. This section is intended to complement, rather than supersede, the provisions of city building codes and regulations applicable to the installation and operation of grease capturing equipment.

D. Definitions. In addition to the definitions provided in Section 13.08.030 of this chapter, the following definitions are applicable to the discharge and control of FOG:

"Best management practices (BMPs)" means operational activities, prohibitions, maintenance procedures, and other management activities that implement the requirements of this chapter, state and federal law, and city rules, regulations, permits, or authorizations.

"Fats, oils, and grease (FOG)" shall mean a material either liquid or solid, composed primarily of fat, oil, including floatable oil, and/or grease from animal or vegetable sources and hydrocarbons of petroleum origin. The terms "fats, oils, and grease," "oil and grease," or "oil and grease substances" shall all be included within this definition.

"FOG discharger" means any food service establishments that serve food either full-time or part-time, automotive service facilities, machine shops, and other non-residential facilities that contribute FOG into the city's sewerage system.

"Food service establishment (FSE)" means a non-residential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption.

"Gravity grease interceptor (GGI)" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum FOG from a wastewater discharge and is identified primarily by gravity separation and a minimum total volume of three hundred (300) gallons.

"Grease capturing equipment" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to separate FOG from a wastewater discharge. "Grease capturing equipment" includes gravity grease interceptors, hydromechanical grease interceptors, grease removal devices, and any other grease capturing equipment authorized by the city administrator.

"Grease capturing equipment waste" means material collected in and from grease capturing equipment, including any solids resulting from dewatering processes.

"Grease removal device (GRD)" means any hydromechanical grease interceptor that automatically, mechanically removes non-petroleum FOGs from the interceptor, the control of which are either automatic or manually initiated.

"Hydromechanical grease interceptor (HGI)" means a plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum FOG from a wastewater discharge and is identified primarily by a design that incorporates hydromechanical separation.

E. Prohibitions and Limitations.

1. Disposal of FOG or any food waste containing FOG directly into drains leading to the sewer system is prohibited, except in accordance with this chapter, the city's rules and regulations, and applicable building codes and regulations.

2. Installation of garbage grinders in new FSEs is prohibited. Garbage grinders in existing FSEs shall be removed or rendered permanently inoperative.

3. Discharge of wastewater with temperature higher than 140°F to or through grease capturing equipment is prohibited.

4. Discharge of wastewater from dishwashers to or through grease capturing equipment is prohibited.

5. Discharge of water closets, urinals, and other plumbing fixtures conveying human waste to or through any type of grease capturing equipment is prohibited.

6. The concentration of FOG discharged from FOG dischargers into the city's sewerage system shall not exceed the discharge limit for total recoverable oil and grease established pursuant to Section 13.08.320.

7. The discharge of solvents or other additives that emulsify grease into drainage pipes leading to grease capturing equipment is prohibited.

8. The use of biological additives, including, but not limited to enzymes, into drainage pipes leading to grease capturing equipment is prohibited.

F. General Requirements.

1. All FOG dischargers shall install, operate, maintain, and service grease capturing equipment and implement specified BMPs, in accordance with this chapter, any permits, authorizations, rules and regulations issued by the city administrator, and applicable city building codes and regulations.

2. All FOG dischargers shall properly store and recycle or dispose of FOG diverted from their liquid waste streams in accordance with all laws and regulations applicable to such storage, recycling, and disposal.

3. All FOG dischargers must at all times comply with the provisions of this chapter, all other applicable local, state, and federal laws, including but not limited to applicable provisions of the Public Health Code, Uniform Building and Plumbing Codes, and applicable rules, regulations, permits and authorizations issued by the city administrator.

4. All FSE kitchen fixtures connected to drainage pipes that lead to grease capturing equipment or sewer laterals shall have small-mesh food strainers that are intact and functional.

5. All FSEs shall ensure that all pots, pans, dishware, and work areas are wiped prior to washing of such equipment and areas; and shall implement any other BMPs deemed appropriate by the city administrator.

6. All FOG dischargers shall apply for a wastewater discharge permit or other authorization if required by the city administrator.

G. Grease Capturing Equipment Requirements.

1. All grease capturing equipment shall be installed in accordance with this chapter, the Uniform Plumbing Code, and permits, authorizations, rules and regulations issued by the city administrator and the applicable city building codes and regulations.

2. All grease capturing equipment shall be properly sized, constructed, installed, and maintained in a location to provide an adequate retention time for settling and accumulation of FOG.

3. FOG dischargers shall install grease capturing equipment (grease removal device or a gravity grease interceptor) in accordance with the provisions of this chapter and within a time period specified by the city administrator, if one or more of the following conditions applies, as determined by the city administrator.

a. When notification is given to the discharger by the city administrator.

b. The pre-existing grease capturing equipment is not properly sized, properly installed, fully operational, or properly maintained and serviced.

c. The wastewater discharge from the discharger does not comply with the city's wastewater discharge limit for total recoverable oil and grease.

d. The discharger is causing or contributing to grease accumulation problems in sewer laterals or sewer mains.

e. Some, or all, of the FOG waste containing discharge lines are not connected to pre-existing grease capturing equipment and connecting these to pre-existing grease capturing equipment is not appropriate.

4. A FOG discharger may file a request to the city administrator for a variance from the grease capturing equipment installation requirements of this chapter if the FOG discharger can demonstrate that it is not feasible for grease capturing equipment to be installed. The FOG discharger requesting such a variance shall bear the burden of demonstrating that the installation of grease capturing equipment is not feasible. The determination as to whether a FOG discharger qualifies for a variance shall be at the sole discretion of the city administrator.

H. New Construction, Changes in Ownership, and Remodeling.

1. The following requirements shall apply when ownership of an existing FOG discharger changes:

a. Within thirty (30) days of the official transfer of ownership and prior to requesting transfer of the business license, the new owner shall have the grease capturing equipment cleaned and inspected. Record of cleaning and inspection shall be provided to the city with the application to transfer the business license. A business license shall not be issued without a cleaning and inspection record that is less than one year old.

2. The following requirements shall apply to newly constructed FSE and to facilities that, at the discretion of the city administrator, may contribute FOG to the city's sewer system:

a. FOG dischargers shall install grease capturing equipment and the equipment shall be operational prior to commencing the discharge of wastewater from FOG producing facilities into the city's sewerage system.

b. No city department shall issue a business license to a new FSE or FOG generating facility until it has complied with this section.

3. Any existing non-FOG generating business that expands or renovates its operations to include the contribution of FOG to the sewer system shall comply with the requirements of this section.

4. Existing FOG dischargers proposing remodeling or renovations that require a plumbing permit for work in FOG generating areas or meet the criteria below shall be required to install, as part of their project, grease capturing equipment that complies with this chapter and applicable city building codes:

a. Modifications are proposed to under-slab plumbing in the food processing or kitchen areas; and/or

b. An increase in the size of the kitchen area is proposed; and/or

c. Changes to the size and/or type of food preparation equipment are proposed which will increase the amount of FOG discharged into the sewerage system.

I. Maintenance and Operations.

1. The owner of the grease capturing equipment is responsible for, at his or her own expense, to maintain and perform regular cleaning and inspection of the grease capturing equipment.

2. Grease capturing equipment must be operated and maintained effectively and properly at all times, and in accordance with any rules and regulations issued by the city administrator. FOG dischargers shall be required to keep and provide equipment cleaning, maintenance, inspection, and service logs or receipts to city officials during annual renewal of business licensure.

3. Grease capturing equipment shall be maintained at a frequency such that the combined FOG and solids accumulation does not exceed twenty-five (25) percent of the total hydraulic depth of the equipment, or annually, whichever occurs first.

4. FOG dischargers shall comply with any city directive to increase the frequency of grease capturing equipment servicing, only if the frequency of servicing is adequate to ensure that the combined FOG and solids accumulation does not exceed twenty-five (25) percent of the total hydraulic depth of the equipment.

5. In addition to the specific grease capturing equipment operation and maintenance requirements in this chapter, FOG dischargers must follow the manufacturers' recommendations and guidelines for appropriate operation and maintenance of the grease capturing equipment. Information of the manufacturer-recommended operations and maintenance of the grease capturing equipment shall be retained on-site by the FOG discharger.

6. Gravity grease interceptors shall be serviced and emptied of accumulated waste content as required to maintain efficient operations and shall be pumped out and cleaned only by a waste hauler certified by the California Department of Food and Agriculture.

7. Grease capturing equipment waste that is removed by any means other than self-cleaning must be removed by a grease hauler certified by the California Department of Food and Agriculture. The maintenance records signed by the certified grease hauler shall be retained on-site by the FOG discharger for three years.

8. Materials removed from grease capturing equipment shall not be reinserted into the interceptor or allowed to pass into the sewerage system.

9. BMPs regarding maintenance and operations of grease capturing equipment, specified by the city, shall be implemented by all FOG dischargers at the discharger's expense.

J. Inspection.

1. Grease capturing equipment shall be accessible at all times for the purpose of inspection by city staff or building official.

2. Any grease capturing equipment that has been legally and properly installed before the effective date of this adopted section shall be acceptable, provided such equipment is effective in removing floatable and settleable materials and can be inspected and properly maintained.

3. If the city staff or representative finds, by observation, that grease capturing equipment is incapable of adequately retaining the floatable and settleable material in the wastewater flow, is in poor condition, or is undersized for the facility, they shall condemn such grease capturing equipment and declare it does not meet the requirements of this chapter. The FOG discharger will be required to install, at his or her own expense, an acceptable replacement grease capturing equipment.

(Ord. No. 562, § 1, 8-15-2019)