Lancaster Municipal Code Art. I General Provisions

The purpose of this chapter is to facilitate the maximum beneficial public use of the city's sewer system while preventing blockages of the sewer lines resulting from discharges of fats, oils, and grease ("FOG") to the sewer system and to specify appropriate FOG discharge requirements for food service establishments (FSEs).

(Ord. No. 1066, § 2(Att. A), 9-24-2019)

A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).

B. Other terms not herein defined are defined as being the same as set forth in Chapter 13.07 of the Lancaster Municipal Code and the latest adopted editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law.

C. Subject to the foregoing provisions, the following definitions shall apply in this chapter:

"Best management practices." Schedules of activities, prohibitions of practices, maintenance procedures, employee training, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

"Code." The Lancaster Municipal Code.

"Compliance schedule agreement." An agreement between the city and a permittee when the permittee is in noncompliance with the requirements of the applicable FOG wastewater discharge permit.

"Council." The City Council of the City of Lancaster.

"Change in operations." Any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by FSEs in an amount that alone or collectively causes or creates a potential for sanitary sewer overflows (SSO) to occur.

"Composite sample." A collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the waste stream discharged during the sample period. Samples will be collected when a wastewater discharge occurs.

"City." The City of Lancaster.

"Director." Director of Development Services of the City of Lancaster

"Discharger." Any person who discharges or causes a discharge of wastewater directly or indirectly to a City sewer system. "Discharger" shall mean the same as "user."

"Effluent." Any liquid outflow from a FSE that is discharged to the sewer system.

"Fats, oils, and grease ("FOG")." Any substance such as vegetable or animal products that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measureable using analytical procedures established in the most current version of the United States Code of Federal Regulations 40 CFR 136.

"FOG control program." The FOG control program identified in and developed pursuant to the city sewer system management plan (SSMP) and this chapter.

"FOG control program manager" or "Manager." The person designated by the Director to oversee and implement the FOG control program.

"FOG wastewater discharge permit" or "Permit." A permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge wastewater into the city's sewer system.

"FOG wastewater discharge permit application fee." The FOG wastewater discharge permit application fee shall be as approved by resolution of the city council and shall be paid by the applicant upon submittal of the required FOG wastewater discharge permit application for coverage under the FOG control program.

"Food service establishment (FSE)." Food facilities defined in California Uniform Retail Food Facilities Law (CURFFL) Section 113789 of the Health and Safety Code, and any commercial entity within the boundaries of the city, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by mechanical ventilation as required by Health and Safety Code Section 114149. An establishment that limits its food preparation activities to those defined as "limited food preparation" in Health and Safety Code Section 113818 is not considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG and does not include any operation that changes the form, flavor, or consistency of food.

"Food grinder." Any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system.

"Grease recovery device." Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. "Grease control device" may also include any other proven method to reduce FOG subject to the approval of the FOG control program manager.

"Grease interceptor." A multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a FSE and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one (1) compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.

"Grease trap." A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable.

"Grab sample." A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

"Hot Spots (areas of enhanced maintenance)." Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system.

"Inflow." Water entering a sewer system through a direct stormwater/runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.

"Infiltration." Water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.

"Inspector." A person authorized by the city to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.

"Interceptor." A grease interceptor.

"Manifest." That receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the city.

"New construction." Any structure planned or under construction for which a sewer connection permit pursuant to Chapter 13.08.080 that has not been issued.

"Permittee." A person who has received a permit to discharge wastewater into the city's sewer system subject to the requirements and conditions established by the city.

"Person." Any individual, partnership, corporation, limited liability company, association, joint venture or other organization or entity.

"Public agency." The State of California and/or any city, county, special district, other local or federal governmental authority or public body of or within this state.

"Public sewer, city sewer system." A sewer owned and operated by the city.

"Regulatory agencies." Those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:

A. United States Environmental Protection Agency, Region 9, San Francisco and Washington, DC (EPA).

B. California State Water Resources Control Board (SWRCB).

C. California Regional Water Quality Control Board, Lahontan Region (RWQCB).

D. California Department of Public Health (CDPH).

E. Los Angeles County Department of Public Health (LACDPH)

F. Los Angeles County Sanitation District No. 14 (LA San)

"Responsible person." A person who causes, allows, creates, maintains or permits a condition or activity that is in violation of this chapter. "Responsible person" includes the owner of an FSE and/or the holder of a FOG wastewater discharge permit. The actions or inactions of a responsible person's employee, agent or representative may be attributed to that responsible person.

"Sample point." A location approved by the city, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled.

"Sampling facilities." Structure(s) provided at the user's expense for the city or user to measure and record wastewater constituent mass, concentrations, collect a representative sample, or provide access to plug or terminate the discharge.

"Sanitary sewer overflow (SSO)." Any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:

A. Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;

B. Overflows or releases of untreated or partially treated wastewater that do not reach waters of the United States;

C. Wastewater backups into buildings and onto private properties that are caused by blockages or flow conditions within the publicly owned portions of the sanitary sewer system.

"Sewage." Any waterborne or liquid wastes, including domestic sewage and industrial waste, but does not include or mean stormwater, groundwater, and roof or yard drainage.

"Sewer system." Any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge.

"Sewer lateral." A building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and the city sewer system.

"Sludge." Any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.

"Specialty FOG compliance charge." Charge to recover actual costs of FOG compliance including but not limited to repeat inspections, additional reports and increased monitoring of FSEs.

"User." Any person who discharges or causes a discharge of wastewater directly or indirectly to the city sewer system. "User" shall mean the same as "discharger."

"Variance." An approval granted to a permittee to vary from a specific requirement or requirements of this chapter when it can be demonstrated that the requirement(s) can be met with an equal or better process, technology or method.

"Waste." Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal.

"Wastehauler." Any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.

"Wastewater." The liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter the city sewer system.

"Wastewater constituents and characteristics." The individual chemical, physical, bacteriological, and other parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.

(Ord. No. 1066, § 2(Att. A), 9-24-2019)