Half Moon Bay Municipal Code Art. V Remedial Repair And Abatement

A. When an obstruction and/or sanitary sewer overflow (SSO) occurs, the records of all FSE or FM/P that discharge to the affected sanitary sewer line may be reviewed in order to determine the responsible party. Any FSE or FM/P found to be in noncompliance with the required grease retention unit cleaning frequency shall be deemed a responsible party for cost recovery pursuant to the provisions of Title 4, and also subject to Chapter 13.40, as applicable. Cost recovery can include, but not be limited to, the costs of cleaning and abatement. Payment of cost recovery does not preclude further enforcement actions for noncompliance.

B. In the event that the owner of an FSE or FM/P or the owner of any structure in which an FSE or FM/P is located is found to have contributed to the partial or complete obstruction of a wastewater facility resulting from the discharge of wastewater or waste containing FOG and that the city is required to act immediately to control a public health hazard because of such blockage, such owner shall be required to reimburse the city for all costs of abating such condition pursuant to the provisions of Title 4. In situations where there are multiple owners identified as contributing to FOG causing such obstruction, the public works director will apportion the cost of the cleanup, maintenance or repair costs on a prorated basis, based on each owner's percentage share of the average total sanitary sewer charges for all such owners. Further, should inspection, testing or other sampling activity by the city confirm that any user is contributing excessive FOG (including other harmful ingredients) and is causing the repair or extraordinary maintenance activity to maintain the integrity of the system, the public works director may require retrofitting of the structure with grease interceptors or grease traps, including testing facilities and access thereto sufficient to resolve the problem.

C. The costs for curing any private sewer lateral failures and sewer system overflows, including cleaning and other maintenance, caused in whole or in part by FOG introduced into the public sewer collection system by any FSE or FM/P, alone or in conjunction with any other party, are the responsibility of the owner of the FSE or FM/P and the owner of any structure in which the FSE or FM/P contributing the FOG to wastewater system is located.

D. In the event it is determined that a specified entity or entities have been the cause of a sanitary sewer overflow (SSO) and the city has been fined by the state water quality control board, the property owner shall be responsible for payment of state water quality control board fees and fines.

(Ord. C-2023-03 § 2 (Att. A), 2023)

A. The city has the right to abate any violation of this chapter and to charge the violating wastewater discharger or responsible person or entity for damages caused by a prohibited discharge of FOG to the city's public sewer collection system. Provided that the city can demonstrate upon reasonable proof that an FSE or responsible person or entity caused FOG build-up or another violation of this chapter such that the city's public sewer collection system or appurtenance is damaged or such that a sewer overflow occurs, or that a sewer overflow is imminent, city shall have the right to serve a notice of abatement and to charge the discharger or responsible person or entity for all damages and abatement costs resulting from the violation. In cases of a violation of this chapter that requires abatement, the city shall have the right to immediately enter an FSE premises and abate the violation to prevent further damages or violations.

B. If the city abates a violation and incurs costs for that abatement, it shall issue a bill for all damages and abatement costs incurred to the discharger or responsible person or entity as soon as practical. With the issuance of a bill for any damages and abatement costs incurred, the city also shall provide the permittee or responsible person or entity with a copy of all evidence that supports the city's determination and a copy of this chapter. The responsible person or entity shall have the right to appeal the notice of abatement and the damages and abatement costs charged by the city in accordance with the provisions of Title 4.

(Ord. C-2023-03 § 2 (Att. A), 2023)