Half Moon Bay Municipal Code Art. VI Administration

A. The city's FOG control program (FOGCP) shall administer the requirements of this chapter, the city's FOG policy, and the general waste discharge requirements of the State Water Resources Control Board.

B. As of the effective date of the ordinance codified in this section, all FSEs, FM/Ps and other entities with potential to introduce FOG, sand or other insoluble waste into the city's collection system are required to participate in the city's FOGCP as outlined in this chapter.

C. The city, from time to time, may establish additional standards for the content of the FOGCP by approval of the public works director.

D. FSEs or FM/Ps and other entities with potential to discharge FOG and other insoluble waste into the city's collection system shall require a FOG waste discharge permit (FOG WDP) to discharge wastewater into the collection system.

E. No FSE or FM/P shall discharge any substance of any kind into any portion of the public sewer collection system which is not in conformance with the city's FOGCP and the requirements of the fog waste discharge permit for that FSE or FM/P.

(Ord. C-2023-03 § 2 (Att. A), 2023)

The purpose of this section is to provide for the recovery of FOG WDP inspection costs.

A. Wastewater dischargers shall pay an initial FOG application fee and an annual renewal fee to cover inspection costs of the wastewater discharger facility. At least thirty days prior to the expiration of the FOG WDP, the permittee shall annually reapply and pay applicable fees for the renewal of the FOG WDP. A permittee shall also pay any delinquent invoices in full prior to any FOG WDP renewal.

B. Costs incurred by the city as a result of the annual inspections–e.g., follow-up inspections due to noncompliance, any required on-site sampling and analysis–shall be reimbursed to the city by the owner, discharger or FOG DWP permittee.

C. The city may adopt other fees as the city may deem necessary to carry out the requirements of this chapter.

D. Fees shall be as established by resolution adopted by the city council, as amended from time to time.

(Ord. C-2023-03 § 2 (Att. A), 2023)

A. The FOG waste discharge permit (FOG WDP) is a legally binding agreement issued to an FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter to utilize the city public sewer collection system under the terms, conditions, and criteria of the city's FOGCP. The FOG WDP is prepared and maintained by the city, and its provisions may be modified periodically as required to ensure each wastewater discharger's compliance with the terms and conditions of this chapter, as they may be amended from time to time. Failure to comply with the FOG WDP terms and conditions will constitute a violation of this section. The FOG WDP must be renewed annually.

B. In addition to the FOG WDP, the city may also issue specific permit conditions to any FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter. In the event that the city issues specific permit conditions, the basis for those specific permit conditions shall be disclosed in writing and appended to the FOG WDP. Failure to comply with the individual permit conditions will constitute a violation of this chapter.

(Ord. C-2023-03 § 2 (Att. A), 2023)

A. Each existing FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter shall submit a FOG waste discharge permit application to the city within sixty days following the effective date of this chapter.

B. All newly operational or newly constructed FSEs and FSEs with a change in operations shall submit a FOG WDP application at least thirty days prior to such change. Any FSE which fails to submit the required FOG WDP application in a timely manner will be subject to enforcement defined in this chapter.

C. Property owners or their designee(s) of commercial properties identified on the FOG WDP shall be responsible for the installation and maintenance of a grease interceptor serving multiple FSE that are located on a single parcel. The owner of the parcel containing a common use grease interceptor shall submit an application for and be the permittee under a FOG WDP.

D. At least thirty days prior to the expiration of the FOG WDP, the permittee shall annually reapply for the renewal of the FOG WDP.

(Ord. C-2023-03 § 2 (Att. A), 2023)

Issuance of a FOG WDP may include, but is not limited to, any of the following conditions or limits:

A. Limits on discharge of FOG, sand, grit, other solids and other pollutants;

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

C. Sand and oil interceptor maintenance frequency and schedule;

D. Requirements for implementation of BMPs;

E. Requirements for maintaining and reporting status of BMPs;

F. 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;

G. Requirements to self-monitor;

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

I. Additional requirements as otherwise determined to be reasonably appropriate by the public works director to protect the city collection system or as specified by other regulatory agencies;

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

(Ord. C-2023-03 § 2 (Att. A), 2023)

A. The terms and conditions of an issued FOG WDP may be subject to modification at the sole discretion of the public works director 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 public works director 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 public works director shall review the request, make a determination on the request, and respond in writing.

C. A permittee shall be informed 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. C-2023-03 § 2 (Att. A), 2023)

A. A limited food preparation establishment may not be considered an FSE and may be exempt from obtaining a FOG WDP. Exempt establishments shall be engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there may not be wastewater discharge containing significant amount of FOG.

B. A limited food preparation establishment is required to follow the BMPs defined for all FSEs. A limited food preparation establishment that discharges FOG in excess of the defined limits may be reclassified as an FSE and required to obtain a FOG WDP at the public works director's discretion.

C. An exemption from obtaining a FOG WDP may be requested in writing. If the public works director determines that the reasons for the request are valid, an exemption may be granted.

(Ord. C-2023-03 § 2 (Att. A), 2023)

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 premises or for any facilities, operations and/or discharges not expressly encompassed within the FOG WDP. Any FOG WDP that is transferred to a new owner and/or operator and/or to a new facility in violation of this chapter is void.

(Ord. C-2023-03 § 2 (Att. A), 2023)

Upon request by the city:

A. Any FSE may be required to 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 public works director 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, mechanical or electrical engineer.

C. All drawings shall be submitted to department of public works.

(Ord. C-2023-03 § 2 (Att. A), 2023)

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 director, any inspector and/or any enforcement officer. These records may include:

A. An on-site maintenance logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices as described in Section 13.22.320(H).

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

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

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

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

F. Any other information deemed appropriate by the director to ensure compliance with this chapter.

(Ord. C-2023-03 § 2 (Att. A), 2023)

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

B. The director 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 director 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 Director and shall be submitted upon request of the director. Failure by the permittee to perform any required monitoring, or to submit monitoring reports required by the director 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 director to ensure compliance with this chapter.

(Ord. C-2023-03 § 2 (Att. A), 2023)

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 discharger/permittee shall immediately notify the city by telephone at the number specified in the FOG WDP. If the material discharged to the public sewer collection system has the potential to cause or result in sewer blockages or SSOs, the discharger/permittee shall immediately notify the city.

B. Confirmation of this notification shall be made in writing to the director at the address specified in the FOG WDP postmarked or emailed 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 discharger/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 these regulations or other applicable law.

(Ord. C-2023-03 § 2 (Att. A), 2023)

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

(Ord. C-2023-03 § 2 (Att. A), 2023)