Half Moon Bay Municipal Code § 13.22.400 Inspections and right to enter

A. The city shall have the right to enter and inspect each FSE, commercial or industrial premises, or property owner's common use grease interceptor for announced or unannounced inspections. The city shall have access to all facilities and records necessary for determining compliance with this chapter. An inspection may include a review of all logs and documentation, inspection of all kitchen facilities, and inspection of any and all grease and sand control devices and appurtenant plumbing on the premises.

B. Each person or business subject to this chapter shall allow the director 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 premises shall interfere with, delay, resist or refuse entrance to the director 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 director 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.

C. In addition to the authority set forth herein, the director may order the sampling of the wastewater discharges of any FSE to ascertain whether the intent of these regulations is being met and the permittee is complying with all requirements. The permittee shall allow access to the FSE premises, during normal business hours, for purposes of sampling the FSE's grease control devices or interceptor, and reviewing all records required to be kept pursuant to Section 13.22.692.

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

E. Additionally, in order for the director to determine the wastewater characteristics of the wastewater discharger for purposes of determining compliance with FOG WDP requirements, the permittee shall make available for inspection and copying by the director all records required to be kept pursuant to Section 13.22.692.

F. The city or its agent will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the city or its agent, the wastewater discharger shall be required to perform the maintenance and produce records of said maintenance to the city within fifteen calendar days.

G. Upon inspection by the city or its agent, the wastewater discharger may be required to install, at their expense, additional controls to provide a complete system which prevents discharges of FOG and other undesirable materials into the public sewer collection system.

(Ord. C-2023-03 § 2 (Att. A), 2023)

A. Compliance with the FOG control program shall be evaluated based on the following criteria:

1. All food service establishments that are implementing and documenting BMPs, including employee training and kitchen procedures, and performing and documenting grease and sand retention unit cleaning at the required frequency will be considered to be in compliance with this chapter.

B. In the event that a wastewater discharger's grease interceptor or other grease removal device fails a visual inspection, effluent sample analysis or the discharger cannot provide adequate maintenance records, the discharger shall be given written notice of non-compliant condition. Discharger shall take immediate steps to bring the facility into compliance. The discharger will have a maximum of fifteen calendar days from the date of the first notice to respond and correct the violation. If the discharger does not correct the violation within this time, a second violation will be issued. The discharger will have a maximum of ten calendar days from the date of the second notice to respond and correct the violation. When three (or more) violations of the FOG program have been committed and remain uncorrected within the specified time limit, the city may commence enforcement actions pursuant to the provisions of Title 4

C. An owner of a building, a tenant and/or an agent representing the owner subject to this chapter who fails to comply with any of the requirements of this chapter shall be subject to enforcement pursuant to the provisions of Title 4 and any other enforcement provisions authorized by the California Building Code or related codes.

D. For failure to pass the FOG inspection due to lack of or ineffective FOG equipment the public works director may require the subject FSE or FM/P to install additional FOG equipment as necessary to resolve the problem.

(Ord. C-2023-03 § 2 (Att. A), 2023; Code Enforcement)