Modesto Municipal Code Art. 10 Discharges of Fats, Oils and Grease from Food Service Establishments

(a) Best Management Practices (BMPs). Activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of fats, oils and grease (FOG) into the collection system.

(b) Change in Operations. Any of the following: 1) ownership or name change; 2) changes in food types processed at a food service establishment; 3) operational procedures that have the potential to change the amount of FOG discharged by food service establishments (FSEs) or Mobile Food Facilities (MFFs) in an amount that alone or collectively causes or creates a potential for a sanitary sewer overflow (SSO) to occur.

(c) City. The City of Modesto, a municipal corporation of the State of California.

(d) Collection System. Consisting of all pumps, pipes, conduits, manholes and all other infrastructure, whose purpose is conveying or collecting wastewater discharge to the wastewater plant, excluding private sewer laterals.

(e) Compliance Schedule. A time schedule, enforceable under the provisions of this chapter, that contains increments of progress (e.g. milestones, in the form of dates). These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for responsible persons to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the responsible person's wastewater.

(f) 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.

(g) Design Hydraulic Depth. A total operating depth of a grease interceptor at which the unit does not contribute FOG to the collection system.

(h) Direct Discharge. The introduction of pollutants into the collection system through any plumbing connection.

(i) Director. The Public Works Director or such other persons as may be designated by the City or the Director to perform the services or make the determinations permitted or required in this chapter to be made by the Public Works Director of the City.

(j) Effluent. Any wastewater outflow from a FSE or MFF or Private Sewer Lateral that is discharged into the collection system.

(k) Enforcement Officer. A City employee or agent of the City with authority to enforce the provisions of this chapter and the authority to make any decision, on behalf of the Director, required or called for by this chapter.

(l) Environmental Compliance Inspector (ECI). A person authorized by the Director to inspect any existing or proposed wastewater generation, conveyance, and processing and/or disposal facilities.

(m) Fats, Oils, and Grease (FOG). Any substance such as vegetable or animal product that is used in, or is a byproduct of, the cooking of food or food preparation process, and that becomes or may become viscous, or solidifies or may solidify.

(n) Food Grinder and/or Food Waste Disposal Units. Any device for the purpose of grinding food or food waste for introduction into wastewater.

(o) Food Services includes: Food Service Establishment (FSE) a permanently constructed structure and Mobile Food Facility (MFF) a mobile unit that are used or operated at least in part for the purpose of storing, preparing, service or manufacturing or packing or otherwise handling food, 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 an exhaust hood pursuant to California Health and Safety Code Section 114149.1 or in accordance with the California Uniform Retail Food Facilities Law (CURFFL) (California Health and Safety Code Sections 113700, et seq.). A limited food preparation establishment is not considered an FSE or MFF when engaged only in reheating, hot holding, or assembly of ready to eat food products, provided that there is no wastewater discharge containing FOG, as described in Section 5-6.201(4) of the Modesto Municipal Code.

(p) 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.

(q) Grease Control Device. Any grease interceptor, grease trap or other mechanism, device or process which attaches to, or is applied to, wastewater plumbing fixtures or lines, the purpose of which is to trap, collect or treat FOG prior to it being discharged into the publicly owned treatment works (POTW).

(r) Grease Disposal Mitigation Fee. A fee charged to the responsible person and/or party when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE or MFF impossible or impractical. The grease disposal mitigation fee is intended to cover the costs of increased maintenance of the collection system, for inspection and cleaning of FOG that a usual and customary, and properly maintained, grease control device would otherwise prevent from entering the collection system.

(s) Grease Interceptor. A multi-compartment device that is generally required, according to the California Plumbing Code. These devices use gravity to separate FOG from the wastewater. To be effective, these devices must be cleaned, maintained and have the FOG removed and disposed of in a proper manner, at regular intervals.

(t) Grease Trap. A device that is used to serve individual plumbing fixtures. The City requires a minimum grease capacity of one hundred (100) pounds and installed per Health & Safety Code requirements.

(u) Hearing Officer. A person appointed by the City and/or City Manager to preside over administrative hearings of Municipal Code violations that are appealed in writing to the City Clerk.

(v) Hot Spots. Areas in sewage system that have experienced SSOs or that must be cleaned or maintained frequently to avoid blockages of the collection system.

(w) Indirect Discharge. The introduction of pollutants into the collection system by means other than a connection to the collection system.

(x) Infiltration. Water that enters the collection system from the ground through such means as defective pipes, pipe joints, connections or manhole walls.

(y) Manifest and/or Bill of Lading. A receipt given by the carrier to the shipper acknowledging receipt of the goods being shipped and specifying the terms of delivery.

(z) New Construction. Any structure that is planned or under construction, which will require payment of a capacity charge fee.

(aa) Publicly Owned Treatment Works (POTW). The Collection System and Treatment Plant as defined in Section 212 of the Act, (33 U.S.C. 1292). The POTW shall include any sewers that convey wastewater from persons outside the City, who are, by contract or agreement responsible persons of the POTW.

(ab) Remodeling. Means any physical and/or change in operations to a FSE or MFF causing a change in FOG quantity or consistency.

(ac) responsible person. A person who the Director determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Plumbing Code, applicable state codes, any National Pollutant Discharge Elimination System ("NPDES") permit or any wastewater discharge permit. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.

(ad) Private Sewer Lateral. A sewer line that connects a building's wastewater facilities to the collection system which includes:

(1) Upper Lateral, defined as the private sewer line connecting a home or other structure to the lower lateral, generally extending from the outside of the foundation of the structure to the public right-of-way or the cleanout;

(2) Lower Lateral, defined as the private lateral line below the clean-out and connecting a home or other structures to the collection system.

(ae) Solids Interceptor. A device used to capture all types of solids.

(af) Twenty-Five (25) Percent Rule. A requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five (25) percent of the design hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the collection system.

(ag) Wastewater. Liquid and/or FOG, whether treated or untreated which is discharged by an FSE or MFF into or permitted to enter the collection system.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

The purpose of this article is to facilitate the maximum beneficial use of the POTW, while preventing blockages resulting from discharges of FOG into the collection system, and to specify appropriate FOG discharge requirements for FSEs and MFFs as defined herein.

The provisions set forth in this article are designed to ensure compliance with federal, state and local laws and regulations, and to allow the City to meet applicable standards. This article also establishes quantity and quality standards on all discharges containing FOG, which may alone or collectively cause or contribute to FOG accumulation in the POTW causing or potentially causing or contributing to the occurrence of SSOs. This article shall apply to both direct and indirect discharges of wastewater containing FOG discharged to the collection system from any FSE or MFF. 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. Testing procedures for waste constituents and characteristics shall be as provided in 40 Code of Federal Regulations 136.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Fog Discharge Limitation.

(1) No FSE or MFF shall discharge FOG, or cause FOG to be discharged into the collection system that causes an SSO or that may accumulate and/or cause or contribute to blockages in the collection system or the POTW.

(b) SSO; Public Nuisance; Abatement Orders and Cleanup Costs.

(1) Any FSE or MFF determined by the Director to have contributed to a sewer blockage, SSO or any collection system obstruction resulting from the discharge of wastewater containing FOG, shall be ordered to install and maintain a grease control device, and may be subject to a plan to abate the nuisance created by collection system failures and blockages, SSOs or any other obstruction. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, private sewer lateral failures and SSOs caused by FSEs or MFFs alone or collectively, are the responsibility of the responsible person. If the Director determines that the public health and safety require the City to act immediately to contain and clean up any SSO caused by blockage of a private sewer lateral or the collection system serving an FSE or MFF, or if the City so acts at the request of the responsible person of the FSE or MFF, or because of the failure of the responsible person or FSE or MFF to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the City's costs for such abatement may be entirely borne by the responsible person of the FSE or MFF, and individuals who are responsible officers or owners of the FSE or MFF, and may constitute a debt to the City, due and payable upon the City's request for reimbursement of such costs, depending upon the Director's determination of the cause of the SSO.

(c) Kitchen Best Management Practices (BMPs) Required.

(1) All FSEs and MFFs shall implement kitchen BMPs in accordance with the requirements and guidelines established by the Director, in an effort to minimize the discharge of FOG to the collection system.

(2) All FSEs and MFFs shall be required, at a minimum, to implement and comply with the following kitchen BMPs, when applicable:

(i) Drain screens shall be installed on all fixtures and pipes in food preparation areas.

(ii) All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Waste cooking oil shall be transported by a licensed waste hauler to an approved recycling or disposal site, in accordance with all applicable federal, state, and/or local laws.

(iii) All garbage and food waste shall be disposed of properly in trash bins or containers, and not in fixtures.

(iv) Kitchen exhaust filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from the cleaning of kitchen exhaust filters, floor mats and kitchen equipment or fixtures shall be disposed of properly, in compliance with these regulations.

(v) Employees of FSEs and MFFs shall be trained by responsible persons periodically on the following subjects:

a) How to "dry wipe/scrape" pots, pans, dishware, utensils, equipment and work areas before washing to remove FOG.

b) How to properly dispose of garbage, food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

c) The location and use of absorption products to clean under fryer baskets and other locations where FOG may be spilled or dripped.

d) How to properly dispose of FOG from cooking equipment into a FOG receptacle such as a barrel, drum or bin without spilling.

Training shall be documented for each employee. Training records shall be available for review at any reasonable time by the Director. Training records shall be retained for a minimum of three (3) years.

(d) Prohibitions. FSEs and MFFs are prohibited from doing any of the following:

(1) Discharging into the collection system FOG that may accumulate and/or cause or contribute to blockages in the collection system or at the private sewer lateral.

(2) Installing any food grinders or food waste disposal units in the plumbing system. FSEs and MFFs shall remove all existing food grinders within one hundred eighty (180) days from the effective date of the ordinance from which this section derives, except as otherwise expressly allowed by the Director.

(3) Introducing any additives into an FSE's or MFF's plumbing system, grease control device and/or grease interceptor for the purpose of emulsifying FOG, biologically and/or chemically treating FOG for grease remediation and/or as a supplement to grease interceptor maintenance, unless a specific written authorization from the Director is first obtained.

(4) Disposing waste cooking oil into the collection system or storm drain. All waste cooking oils shall be collected and stored properly in receptacles such as rendering bins, barrels or drums for recycling or other acceptable methods of disposal. Waste storage areas shall be protected from rainfall and constructed to prevent storm water run-on or run-off. Drains within trash enclosures containing stored waste cooking oil or stored grease shall be plumbed to private sewer lateral through an approved grease control device or other approved device.

(5) Discharging wastewater with temperatures in excess of one hundred forty degrees Fahrenheit (140°F) into any grease control device.

(6) Discharging wastewater containing fecal materials from toilets, urinals, washbasins or other fixtures to grease control devices and/or the private sewer lateral.

(7) Discharging FOG and solid materials removed from a grease control device to collection system. Grease removed from grease interceptors shall be waste hauled to an approved disposal site as part of the operation and maintenance requirements for grease interceptors.

(8) Operating grease interceptors with FOG and solids accumulation exceeding twenty-five (25) percent of the design hydraulic depth of the grease interceptor (25 percent Rule). The grease and solids layers combined shall not exceed twenty-five (25) percent of the total interceptor liquid depth to avoid overloading the interceptor.

(e) FOG Pretreatment Required. Every FSE and MFF is required at the time of construction, remodel, and/or change in operations to install, operate and maintain an approved type and adequately sized grease removal device necessary to maintain compliance with the objectives of this chapter, subject to the waiver provisions of Section 5-6.1006. The grease removal device shall be adequate to separate and remove FOG contained in wastewater from FSEs and MFFs prior to discharge to the collection system, as determined by the then current adopted addition of the California Plumbing Code (CPC). Fixtures, equipment, and drain lines located in the food preparation and clean up areas of any FSEs or MFFs that are a source of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

(1) New Construction of FSEs and MFFs.

(i) New construction of any FSE or MFF shall include complete installation of an approved type and adequately sized grease interceptor, with a minimum size to be in compliance with the most current adopted CPC, prior to commencing discharges of wastewater to the collection system.

(2) Existing FSEs or MFFs and Commissaries.

(i) Any existing FSE or MFF, which, in the Director's determination has caused or contributed to grease-related blockage in the collection system, has one (1) or more private sewer laterals connected to hot spots and/or has contributed significant FOG to the collection system, shall be deemed to have reasonable potential to adversely impact the collection system and shall be required to install a grease control device within one hundred eighty (180) days upon issuance of written notification by the Director.

(ii) Any existing FSE or MFF or commissary that undergoes remodeling and/or a change in operations, as defined in this article, shall be required to install a grease control device or to obtain a waiver in accordance with Section 5-6.1006.

(f) Commercial and Institutional Properties. Any owner of a commercial and/or institutional property where FSEs or MFFs are located shall be responsible for the installation and maintenance of a grease interceptor serving multiple FSEs and/or MFFs that are located on a single parcel.

(g) Grease Interceptor Requirements.

(1) Any FSE or MFF required by this article to provide FOG pretreatment shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this article.

(2) Grease interceptor sizing and installation shall conform to the most current adopted edition of the CPC. Grease interceptors shall be constructed in accordance with the design approved by the Director and shall have a minimum of two (2) compartments with fittings designed for grease retention. The Director reserves the right to make determinations of grease interceptor size, adequacy, location and need, based on review of relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and or inspection needs.

(3) The grease interceptor shall be installed at a location where it shall at all times be easily accessible for inspection, cleaning, and removal of accumulated grease.

(4) An access manhole, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

(5) Food waste disposal units or food grinders shall not be connected to or discharged into any grease interceptor.

(6) Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor, which includes wastewater, accumulated FOG, floating materials, sludge and solids.

(7) All grease interceptors shall be maintained in a manner consistent with the maintenance frequency approved by the Director.

(8) All grease interceptors are required to have grease retention fittings as designed for proper function. Any interceptor that does not have the grease retention fittings shall be repaired and/or retro fitted with appropriate grease retention fittings.

(9) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any private sewer lateral, collection system, storm drain or public right-of-way, or onto the surface of any street or parking area.

(10) The Director may require any FSE or MFF with a grease interceptor to submit data and information necessary to establish the required maintenance frequency of the grease interceptor.

(11) The required maintenance frequency for every FSE and MFF with a grease interceptor shall be determined in one (1) of the following methods:

(i) Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation in the grease interceptor does not exceed twenty-five (25) percent of the total designed hydraulic depth of the grease interceptor (25 percent Rule). This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from being discharged to the collection system.

(ii) Every FSE and MFF with a grease interceptor shall fully pump out and clean its grease interceptor not less than once every six (6) months.

(iii) Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in Section 5-6.1003(g)(11) has not been established. The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in Section 5-6.1003(g)(11). The City may change the required maintenance frequency at any time to reflect changes in actual operations based on the actual generation of FOG from the FSE or MFF.

(iv) If the grease interceptor, at any time, contains FOG and solids accumulation exceeding the requirements described in Section 5-6.1003(g)(11), the FSE and/or MFF shall be required to have the grease interceptor serviced immediately such that all FOG, and other materials are completely removed from the grease interceptor. If deemed necessary, the Director may also increase the required maintenance frequency of the grease interceptor.

(v) Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be disposed of by waste haulers at an approved disposal site in accordance with all applicable federal, state, and/or local laws.

(vi) The Director may direct City staff to have an FSE's and/or MFF's grease interceptor serviced if, in the opinion of the Director, the FSE or MFF has failed to comply with the terms of Article 10 of Chapter 6. The FSE or MFF shall be responsible for any and all expenses incurred by the City in undertaking such work.

(vii) Abandoned grease interceptors shall be emptied and filled in, as required for abandoned septic tanks specified in the most current edition of the California Plumbing Code and City Standards and Specifications.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Any FSE or MFF may be required to submit two (2) 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 Director and Building Safety Division 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 and/or MFF 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 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 the Building Safety Division.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The responsible person shall be required to keep on the premises and readily available, copies of all bills of lading, receipts and invoices of all cleaning, maintenance, and grease removal from the grease control device, disposal carrier and disposal site location for no less than three (3) years. The responsible person shall, upon request, make the bills of lading, receipts and invoices available to the Director, any inspector and/or any enforcement officer. These records may include:

(1) An on-site logbook of grease interceptor or grease control device cleaning and maintenance practices.

(2) A record of BMPs being implemented, including employee training.

(3) Copies of records and bills of lading of waste hauling interceptor contents.

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

(5) Records of any spills and/or cleaning of the private sewer lateral or collection system.

(6) Any other information deemed appropriate by the Director to ensure compliance with this chapter.

(b) Mobile food facilities or mobile support units containing FOG in the wastewater shall be required to keep with the units and readily available, copies of all bills of lading, receipts and invoices of all FOG related cleaning, maintenance, and grease removal from the units and disposal site location for no less than one (1) year.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) A conditional waiver of requirement to install grease interceptor may be granted for FSEs or MFFs that the Director determines to have negligible FOG discharge and insignificant impact to the collection system. Although a waiver from installation of a grease interceptor may be granted, the FSE or MFF may be required to provide space and plumbing segregation for future installation of a grease interceptor. The Director's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:

(1) Quantity of FOG discharge, as measured or indicated by the size of the FSE or MFF based on water usage, menu, seating capacity, number of meals served, amount of on-site consumption of prepared food, number of plumbing fixtures and other conditions that may reasonably be shown to contribute to FOG discharges.

(2) Identification of the FSE or MFF as a significant contributor of FOG into the collection system, which is based on inspection or sampling of FOG discharged from the FSE's or MFFs private sewer lateral to the collection system.

(3) Adequacy of implementation of BMPs and compliance history.

(4) Sewer size, grade, condition based on visual and other information, FOG deposition in the collection system by the FSE or MFF, and history of maintenance and SSOs caused by FOG from the FSE or MFF.

(5) Changes in operations that significantly affect FOG discharge.

(6) Failure to comply with any of the conditions set forth in the waiver.

(7) Any other condition that the Director deems reasonably related to the generation of FOG discharges.

(b) Where the installation of a grease interceptor is not feasible, an FSE or MFF may be granted a waiver of the grease interceptor requirement upon the payment of a grease disposal mitigation fee as described in Section 5-6.1006(d). Additional requirements may also be imposed to mitigate the discharge of FOG into the collection system. The Director's determination to grant the waiver upon the payment of a grease disposal mitigation fee will be based upon, but not limited to, evaluation of the following conditions:

(1) There is inadequate space for installation and/or maintenance of a grease interceptor.

(2) There is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private sewer lateral or the collection system.

(c) Application for Waiver of Requirement for Grease Interceptor. An FSE or MFF may submit to the City of Modesto Environmental Compliance Section an application for waiver from the grease interceptor requirement. The FSE or MFF bears the burden of demonstrating that the installation of a grease interceptor is not feasible or otherwise required. A waiver may be issued upon determination by the Director that reasons are sufficient to justify such a waiver.

(d) Terms and Conditions of Waiver. A waiver shall contain the terms and conditions that serve as the basis for its issuance. A waiver may be revoked by the Director at any time upon his or her determination that any of the terms or conditions for its issuance is not satisfied or if the conditions upon which the waiver was based have changed so that the justification for the waiver no longer exists. The waiver shall be valid so long as the FSE or MFF remains in compliance with the terms and conditions or until the expiration date specified in the waiver. Waivers are non-transferable.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The City may require the FSE or MFF to construct and maintain in proper operating condition at the FSE's or MFFs sole expense, flow monitoring, constituent monitoring and/or sampling facilities.

(b) The location of the monitoring or metering facilities shall be subject to approval by the Director.

(c) FSEs and MFFs shall, during regular business hours, provide immediate and safe access to the Director and his or her designees to the FSE and MFFs monitoring and metering facilities.

(d) FSE and MFF shall, upon request, submit to the Director waste analysis plans, contingency plans, and other necessary information to verify compliance with these regulations.

(e) No FSE or MFF shall increase the use of water or in any other manner attempt to dilute a discharge as a way of achieving compliance with these regulations.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) If provided, a grease trap shall not be located in a food or utensil handling area unless specifically approved by the Director or Stanislaus County Department of Environmental Resources (Health).

(b) Grease traps shall have a solids interceptor installed prior to entering the device.

(c) Grease traps shall be easily accessible for servicing.

(d) FSEs or MFFs that have an approved grease trap in operation before the effective date of this article are not required to comply with this requirement unless there is a change in ownership or a change in operation, or a requirement by the Director or Stanislaus County Department of Environmental Resources (Health).

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

It is the purpose of Section 5-6.1009 to provide for the recovery of costs from responsible persons of the collection system for the implementation of the program established in Article 10.

(a) Charges and Fees. The City may adopt charges and fees by resolution which may include:

(1) Fees for reimbursement of costs of setting up and operating the City's FOG program;

(2) Fees for consistent removal by the City of FOG and/or pollutants otherwise subject to Federal Pretreatment Standards;

(3) Other fees as the City may deem necessary to carry out the requirements contained in Article 10.

(b) Costs incurred by the City as a result of required on-site sampling and analysis shall be reimbursed to the City by the responsible person.

(c) Noncompliance Fee. Any responsible person determined to be in noncompliance with the terms and conditions specified in any provision of this article may be required to pay a noncompliance fee. The purpose of the noncompliance fee is to compensate the City for costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the noncompliance, and shall be in addition to and not in lieu of any penalties as may be assessed pursuant to Articles 7 and 8 of Chapter 6. Noncompliance fees shall be in the amount determined by Council Resolution.

(d) Grease Disposal Mitigation Fee. Any FSE or MFF that operates without a grease interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance of the collection system as a result of the FSE's or MFFs inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow new construction or an existing FSE or MFF undergoing remodeling and/or a change in operations to operate without an approved grease interceptor unless the Director has determined that it is impossible or impracticable to install and/or operate a grease interceptor for the subject facility under the provisions of Section 5-6.1006 of Article 10.

(1) The grease disposal mitigation fee shall be established annually by the Director and approved through Council Resolution. The grease disposal mitigation fee shall be based on the estimated annual increased cost of maintaining the collection system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE or MFF resulting from the lack of a grease interceptor.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The Director may require periodic reporting of the status of implementation of BMPs, in accordance with Article 10.

(b) The Director may require visual monitoring at the sole expense of the responsible person to observe the actual conditions of the FSE's or MFF's private sewer lateral.

(c) The Director may require reports for self-monitoring of wastewater constituents and FOG characteristics of the responsible person needed for determining compliance with any conditions or requirements as specified in this chapter 6. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in a manner consistent with this chapter and form approved by the Director and shall be submitted upon request of the Director. Failure by the responsible person to perform any required monitoring, or to submit monitoring reports required by the Director constitutes a violation of Chapter 6 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 Chapter 6. The responsible person 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 Chapter 6.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

It shall be 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 Chapter 6.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The Director may inspect or order the inspection and sample the wastewater discharges of any FSE or MFF to ascertain whether the intent of these regulations is being met and the responsible person is complying with all requirements. The responsible person shall allow access to the FSE or MFF premises, during normal business hours, for purposes of inspecting the FSE's or MFF's grease control devices, reviewing the bills of lading, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices.

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

(c) In order for the Director to determine the wastewater characteristics for purposes of determining compliance with Chapter 6, the responsible person shall make available for inspection to the Director, all notices, monitoring reports, waste bills of lading, and records including, but not limited to, those related to wastewater generation and wastewater disposal. All such records shall be kept by the responsible person a minimum of three (3) years.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

The responsible person of the FSE or MFF where wastewater is created or discharged 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 or MFF 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 collection system. In the event of an emergency involving an actual or imminent SSO, the Director may access adjoining businesses or properties that share a private sewer lateral with an FSE or MFF in order to prevent or remediate the actual or imminent SSO.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) In the event a responsible person is unable to comply with any provision of Article 10 due to a breakdown of equipment, accidents, or human error or the responsible person has reasonable opportunity to know that their discharge will exceed the discharge provisions of Chapter 6, the responsible person shall immediately notify the Wastewater Division by telephone. If the material discharged to the collection system has the potential to cause or result in sewer blockages or SSOs, the responsible person shall immediately notify the Wastewater Division.

(b) Confirmation of responsible person's notification shall be made in writing to the Director postmarked no later than five (5) 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 responsible person 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 responsible person of any fees or other liability which may be imposed by these regulations or other applicable law.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The responsible person shall notify the Director least sixty (60) days prior to any facility expansion or remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. The responsible person shall notify the Director in writing of the proposed expansion or remodeling and shall submit any information requested by the Director for evaluation of the effect of such expansion or remodeling on the responsible person's FOG discharge to the collection system.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The City may suspend or terminate the wastewater service when such suspension or termination is necessary, in the opinion of the Director, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons, to the environment, or which causes obstruction to the collection system or the POTW, or causes the City to violate any condition of its permits.

(b) Any responsible person notified of a suspension or termination of wastewater service shall immediately stop or eliminate all discharges to the collection system. In the event of a failure of the responsible person to comply voluntarily with the suspension or termination order, the Director shall take such steps as he or she deems necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the collection system or the POTW. The Director shall reinstate the wastewater service only upon proof of the elimination of the nonconforming discharge. A detailed written statement submitted by the responsible person describing the causes of the harmful discharge and the measures taken to prevent any future occurrence shall be submitted to the Director within fifteen (15) days of the date of occurrence.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Sampling and Inspection Procedures.

(1) Sampling and inspection of FSEs or MFFs shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the Director.

(2) Noncompliance with any discharge provisions of these regulations may be determined by an inspection of the grease control device, grease interceptor and associated manifest and documentation, or analysis of a grab or composite sample of the effluent of a FSE or MFF.

(3) Any sample taken from a sample point must be considered representative of the discharge to the collection system, as determined by the Director.

(b) Notice of Violation and Correction Order. Any responsible person found to be in violation with the terms and conditions specified in any provision of Article 10 may be issued a notice of violation and/or correction order in which there will be a specified time period to correct the violation. If the violation is not corrected within the specified time period, the responsible person shall be considered in noncompliance.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Upon determination that a responsible person is in noncompliance with the terms and conditions specified in any provision of Article 10, or needs to construct and/or acquire and install a grease control device or grease interceptor, the Director may require the responsible person to enter into a compliance schedule on terms and conditions specified by the Director.

(b) The compliance schedule may contain terms and conditions including, but not limited to, requirements for installation of a grease control device, grease interceptor and facilities, submittal of drawings or reports, audit of waste hauling records, BMPs and waste minimization practices, payment of fees, or other provisions to ensure compliance with Article 10.

(c) If compliance is not achieved in accordance with the terms and conditions of a compliance schedule during its term, the Director may issue an order suspending or terminating wastewater service pursuant to Article 8 of this chapter 6.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) The City may suspend and/or terminate wastewater service when the Director determines that a responsible person:

(1) Fails to comply with the terms and conditions of a compliance schedule order.

(2) Knowingly provides a false statement, representation, record, report, or other document to the City and/or the Director.

(3) Refuses to provide records, reports, plans, or other documents required by the City and/or the Director to determine discharge compliance or compliance with Article 10.

(4) Falsifies, tampers with or knowingly renders inaccurate any monitoring device or sample collection method.

(5) Refuses reasonable access to the FSE or MFF for the purpose of inspection and monitoring.

(6) Fails to make timely payment of all amounts owed to the City for charges or any other fees imposed pursuant to Chapter 6.

(7) Causes obstruction, sewer blockages or SSOs in the collection system.

(8) Violates grease interceptor or grease control device maintenance requirements or any provision of this chapter 6.

(9) Fails to report significant changes in operations, or wastewater constituents and characteristics.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Any violation of Article 10, or the orders, rules and regulations issued under Chapter 6 is unlawful and shall be an infraction or misdemeanor as determined by the City Attorney.

(b) Any responsible person in violation of Article 10, or the orders, rules and regulations issued under Chapter 6 may be ordered by the Director to cease and desist operations until the violation is cured. Continuance of operations after issuance to the responsible person of a notice to cease and desist shall be unlawful, and an infraction or misdemeanor as determined by the City Attorney. Each day in which any such violation shall continue shall be deemed a separate offense.

(c) The violation of any of the provisions of Article 10, or the orders, rules and regulations issued under Chapter 6, or the doing of any act prohibited or the failure or omission to do any act required by Article 10, or the orders, rules and regulations issued under Chapter 6, is a public nuisance and may be enjoined by the City Attorney.

(d) If any violation of Article 10, or the orders, rules and regulations issued under Chapter 6, causes damage to the collection system or POTW, the Director may seek to recover civil damages from the responsible person causing such damage.

(e) The Director is authorized to levy against any person administrative civil penalties as prescribed in Charter 6 of Title 1 of the City Municipal Code per day for each violation of the rules and regulations issued under Chapter 6. The notice and order shall provide information as to the reason for the administrative fine and the authority and the notice shall also specify the person's right to appeal.

In determining the amount of the civil penalty, the Director may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurred, and any remedial action attempted or taken by the violator.

(f) The remedies and provisions of this section are cumulative, and are in addition to any other remedy or provision of law.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

Any responsible person affected by a decision, action, or determination, including suspension, revocation, refusal or termination of wastewater service, cease and desist order, or imposition of civil penalties issued by the Director, or any other action of the Director in interpreting or implementing the provisions of this chapter, may file an appeal in accordance with the City of Modesto's Municipal Code Title 1 Chapter 4 Appeals.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)

(a) Upon the failure of the responsible person to comply with the terms and deadlines set forth in the administrative enforcement order, the Director may use all appropriate legal means to recover the civil penalties, administrative costs and obtain compliance with the administrative enforcement order.

(b) After the Administrative Hearing Officer issues an administrative enforcement order, the Director shall monitor the violations and determine compliance.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)