APPENDIX 'B' - FATS, OILS AND GREASE RECEIVING STATION

(a) Purpose. The purpose of this ordinance is to establish the authority for the City of Hayward to accept hauled Fats, Oil and Grease (FOG) waste at the Water Pollution Control Facility (WPCF) at its FOG receiving station, and to establish the necessary policies and fees for operation of the FOG receiving station.

(b) Definitions. The following definitions shall apply to this ordinance.

1. Fats, oils and grease (FOG) - Organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as "grease" or "FOG." Petroleum based oils are prohibited and not included in the definition of fats, oil and grease.

2. Food Service Establishments (FSE) - Those establishments primarily engaged in activities of preparing, serving or otherwise making foodstuffs available for consumption.

3. FOG Receiving Station - The collection of devises and structures at the City of Hayward Water Pollution Control Facility that has specifically been designed and installed for the collection of FOG from waste haulers with the purpose of introduction of the FOG into the City's digester to increase biogas production.

Other definitions as provided in the Hayward Municipal Code, Sanitary Sewer System, as amended from time to time, are hereby incorporated by reference.

(c) Conditions of Acceptance of FOG. Fats, oil and grease shall not be considered a Prohibited Trucked or Hauled Waste, as defined in Section 2.14 of the Wastewater Discharge Regulations, as long as the waste is produced by a food service establishment and is delivered to the City's FOG receiving station by a permitted waste hauler. In all other ways, waste haulers must comply with the Wastewater Discharge Regulations.

The City shall issue waste acceptance permits for FOG hauling. The City will issue permits to accept hauled FOG from transportation companies that are permitted by Alameda County Department of Environmental Health for the collection and transportation of FOG from food service establishments.

The fats, oil and grease accepted shall conform to the Local Limits as established by the City Council in Section 2.08 of the Wastewater Discharge Regulations. All would apply with the following exception: There shall be no concentration limit on oil or grease of animal and vegetable origin (polar).

Hauled FOG waste shall contain only FOG generated from food service establishments and shall not be mixed with domestic waste or any other waste type.

The City reserves the right to refuse acceptance or require scheduled delivery of any hauled waste, including FOG, if doing so would be in the best interest of the operation of the WPCF. This determination may be made by the WPCF Manager, the WPCF Operations Supervisor, or any designee without any prior notice being required.

(d) Fees. Fees for the acceptance of hauled FOG shall be invoiced to permitted haulers monthly and shall be subject to the City's policies for collection of revenues and delinquent accounts receivable.

The fee shall be charged based on the maximum carrying capacity of the truck making delivery of the FOG to the WPCF. The minimum charge for any delivery shall be equivalent to a 500 gallon truck delivery.

The initial standard disposal fee shall be set at five cents ($0.05) per gallon. The fee for deliveries containing at least fifty percent (50%) cooking oil filtrate shall be set at fifty percent (50%) of the standard disposal fee.

The per-gallon fee may be reduced by forty percent (40%) in the event that a qualified FOG hauler commits to delivering a minimum of ten thousand (10,000) gallons per day, at least six (6) days per week, of acceptable FOG to the WPCF, continuously for a period of at least one (1) year. Such reduction will be subject to an agreement, to be approved by the City Attorney and executed by the City Manager, which stipulates the terms and conditions under which the reduction would be applied. All other provisions of this ordinance, including permitting requirements, would be applicable to acceptance of FOG under the terms of an agreement.

The initial waste hauling permit fee shall be set at three hundred dollars ($300.00). The initial fee for waste hauling permit renewals shall be set at one hundred dollars ($100.00).

All fees associated with FOG receiving will be determined from time to time by resolution of the Hayward City Council.

Authority to Establish Operating Policies and Procedures. The Director of Public Works - Utilities and Environmental Services, or designee, shall have the authority to establish operating regulation and procedures, including the issuing of permits to haulers, to ensure the efficient and effective operation of the FOG receiving station in accordance with City ordinances and to protect the integrity of the wastewater treatment plant.

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Cross reference— Chapter 11, Article 3, Section 404.