National City Municipal Code Ch. 14.24 Fats, Oils and Grease Discharge Control

This chapter shall be known as "City of National City Fats, Oils and Grease Discharge Control Ordinance" and shall be so cited.

(Ord. No. 2024-2531, § 2, 4-16-2024)

The purpose of this chapter is to provide for the protection and maximum beneficial public use of the City's sewer system while preventing blockages of the sewer resulting from discharges of Fats, Oils, and Grease ("FOG") to sewer facilities, and to specify appropriate FOG discharge requirements for food service establishments ("FSEs").

(Ord. No. 2024-2531, § 2, 4-16-2024)

For the purposes of this chapter, certain terms are defined as follows:

A. "Best management practices" means schedules of activities, prohibitions, practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

B. "Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly into a public sewer.

C. "Fats, oils, and grease" (FOG) means any substance such as a vegetable or animal product that is used in, or is a by-product of, the cooking or food preparation process, and that turns or may turn viscous or solidify with a change in temperature or other conditions.

D. "FOG control program" means the FOG control program required by and developed pursuant to State Water Resources Control Board Order No. 2022-0103.

E. "Food grinder" means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by-products prior to discharge in the sewer system.

F. "Food service establishment" (FSE) means establishments of any size operating in a permanently constructed structure, such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of preparing, serving, manufacturing, packaging, or otherwise handling food, or for consumption by the public, its members, or employees, and which has any process or device that uses or produces FOG. A limited food preparation establishment is not considered a FSE when engaged only in reheating, hot holding, or assembly of ready to eat food products without soiling non-disposable cookware, serving ware, dishes, or utensils, and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

G. "Grease" means any material, which is extractable from an acidified sample of a waste by hexane or other designated solvent and as determined by the appropriate procedure in standard methods. "Grease" includes fats and oils.

H. "Grease control device" means 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, 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 city.

I. "Grease interceptor" means a multi-compartment device that is constructed in different sizes and, according to the current edition of the California Plumbing Code, is generally required to be located underground between a FSE and the connection to the city's sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one 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.

J. "Grease trap" means a grease control device that is used to serve individual or multiple 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.

K. "Hot spots" means areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of the sewer system.

L. "Private Lateral Sewage Discharge" (PLSD)" means sewage discharges that are caused by blockages or other problems within privately owned laterals or collection systems which are tributary to the sanitary sewer system. This type of sewage discharge is the responsibility of the private lateral or collection system owner.

M. "Remodeling" means a physical change or operational change causing increased FOG generation that exceeds the current amount of FOG discharge to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur; or any remodeling of a food service establishment that requires a building permit.

1. "Sanitary sewer overflow" (SSO) means and includes any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system. SSOs include: Overflows or releases of untreated or partially treated wastewater that reach waters of the United States;

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

3. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system.

N. "Sewage" means the waterborne wastes derived from ordinary human living processes and of such character as to permit satisfactory disposal, without special treatment, into the public sewer, a private sewer, or by means of household septic tank systems and individual household aerobic units.

O. Sewer, Public. See definition in Chapter 14.06.010 of the municipal code.

P. "Wastewater" means any liquid waste of any kind, whether treated or not, and whether animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes, which are discharged into or permitted to enter a public sewer.

(Ord. No. 2024-2531, § 2, 4-16-2024)

No food service establishment (FSE) shall discharge or cause to be discharged into the sewer system any FOG in concentrations that may result in separation from effluent and adherence to sewer structures and appurtenances, accumulate, and/or cause or contribute to blockages in the sewer system or at the sewer system lateral, which connects the FSE to the sewer system. The following requirements shall apply to all FSEs:

A. Grease control device. FSEs are required to install, operate and maintain a grease control device of an approved type and adequate size in accordance with the current edition of the California Plumbing Code, see Chapter 15.20.005 -2022 CPC, (adopted Ordinance No. 2023-2513, §§ 3, 2-21-2023) to maintain compliance with the objectives of this chapter, subject to the variance and waiver provisions of Section 14.24.060. The grease control device shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the grease control device. The grease control device shall be installed at a location approved by the County of San Diego or at the discretion of the city engineer, where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease. Compliance shall be established as follows:

1. Newly constructed FSEs, and FSEs that open a new business within an existing building, shall install grease control devices prior to commencing discharges of wastewater to the sewer system. This includes FSEs that are remodeling the site as well as those that are not remodeling the site.

2. Existing FSEs shall be required to install and operate a grease control device within six months of notification by the city, or at the discretion of the City Engineer, if in the determination of the FOG program manager any of the following apply:

a. The existing FSE has caused or contributed to the buildup of FOG, or a FOG-related blockage, in the sewer system including private laterals, and has reasonable potential to adversely impact the sewer system.

b. The existing FSE has a sewer lateral connected to a hot spot, and has reasonable potential to adversely impact the sewer system.

c. The existing FSE has made any change in food preparation or business operations that is different than the original business application and those changes will lead to an increase in grease disposal, which have reasonable potential to adversely impact the sewer system.

d. The existing FSE undergoes remodeling, as defined in Section 14.24.040.A.a.

e. The existing FSE undergoes a change in ownership.

f. The existing FSE has reasonable potential to adversely impact the sewer system.

B. Private lateral maintenance. All FSEs are required to clean the sewer lateral from the facility to the sewer main at least annually, or more often as needed to ensure proper flow within the sewer lateral.

C. Maintenance Records. A record of sewer lateral cleaning must be maintained and kept on file for review at the food service facility. FSEs with a grease control device shall keep records of cleaning, maintenance and grease removal. All such records must be retained on site by the facility for a minimum of two years. A separate maintenance log shall be maintained for each grease control device.

D. Inspection. Each FSE shall allow authorized city officials or enforcement officers, or an authorized representative, access to the premises during normal business hours and at reasonable times, for purposes of sampling, inspections and review of records relating to grease disposal.

1. When offered by the city, inspections may be completed through a self-verification process. Failure to respond to a self-verification request or provide the necessary documentation will result in an onsite inspection by authorized city officials or enforcement officers, or an authorized representative.

(Ord. No. 2024-2531, § 2, 4-16-2024)

The following prohibitions shall apply to all FSEs:

A. Installation of food grinders in the plumbing system of new construction or remodeling of FSEs shall be prohibited.

B. Introduction of any additives into a FSE's wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a supplement to grease control device maintenance is prohibited, unless a specific written authorization from the city of National City and the city of San Diego is obtained.

C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal.

D. Discharge of wastewater from dishwashers to any grease control device is prohibited.

E. Discharge of wastewater with temperatures in excess of one hundred forty degrees Fahrenheit to any grease control device, including grease traps and grease interceptors, is prohibited.

F. Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited.

(Ord. No. 2024-2531, § 2, 4-16-2024)

A. Variance from Grease Interceptor Requirements. An existing FSE may obtain a variance from the grease interceptor requirement to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor, if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The city's determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions:

1. There is no adequate space for installation and/or maintenance of a grease interceptor.

2. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer.

3. The FSE can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the FSE must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months, at its own expense. A variance may be granted if the results show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines.

B. Conditional Waiver from Installation of Grease Interceptor. An existing FSE may obtain a conditional waiver from installation of a grease interceptor, if the FSE demonstrates that it has negligible FOG discharge and insignificant impact to the sewer system. Although a waiver from installation of a grease interceptor may be granted, the FSE may be required to provide space and plumbing segregation for future installation of a grease interceptor. The city'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 measure or as indicated by the size of FSE based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food, and other conditions that may reasonably be shown to contribute to FOG discharges.

2. Adequacy of implementation of best management practices and compliance history.

3. Sewer size, grade, condition based on visual information, FOG disposition in the sewer by the FSE, and history of maintenance and sewer spills in the receiving sewer system.

4. Changes in operations that significantly affect FOG discharge.

5. Any other condition deemed reasonably related to the generation of FOG discharges by the city.

C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of a grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the imposition of a grease disposal mitigation fee. Additional requirements may be imposed to mitigate the discharge of FOG into the sewer system.

D. Any FSE may request a conditional waiver or variance from the FOG program manager, in order to avoid compliance with the grease control device installation requirement. The FSE bears the burden of demonstrating, to the program manager's satisfaction, that the installation of a grease control device is either not feasible or not applicable. If a grease control device is determined to not be feasible, the applicant must demonstrate how acceptable alternatives will be sufficient to prevent FOG discharges to the sewer system from the FSE. If a grease control device is not necessary, the applicant must demonstrate that it has negligible FOG discharge and insignificant impact to the sewer system. The FSE will be given notice in writing that a conditional waiver or variance from the grease control device requirement has been approved.

E. Terms and Conditions. The program manager may impose terms and conditions on the issuance of a waiver and may impose conditions on the FSE's business license in accordance with an approved waiver. A conditional waiver may be suspended or revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the conditional waiver was based change so that the justification for the exception no longer exists. The conditional waiver shall be valid only so long as the FSE remains in compliance with all requirements.

(Ord. No. 2024-2531, § 2, 4-16-2024)

Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease control device serving multiple FSEs that are located on a single parcel.

Property owners of commercial properties or their official designee(s) shall be responsible for the maintenance of the sewer lateral serving multiple FSEs that are located on a single parcel.

(Ord. No. 2024-2531, § 2, 4-16-2024)

Private sewer lateral failures and SSOs caused by FSEs, alone or collectively, are the responsibility of the private property owner and FSE. If, either at the request of a FSE or to abate an immediate threat to the public health, safety, welfare, or property, the city acts to contain and/or clean up an SSO or the blockage of a sewer lateral or the sewer system caused by a FSE, the city's costs for such abatement shall be entirely borne by the property owner of the FSE, or the discharger, and shall constitute a debt to the city and become due and payable upon the city's request for reimbursement of such costs.

Any person who discharges any waste and/or wastewater which causes or contributes to any sewer blockage, SSO, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities shall be liable for all costs incurred to clean or repair the facilities together with expenses incurred by the city to resume normal operations. Any person who discharges waste and/or wastewater to the sewer system which causes or contributes to the city violating discharge requirements established by any regulatory agency shall be liable for any costs or expenses incurred by the city as a result, including but not limited to regulatory fines, penalties, and assessments made by other agencies or a court.

(Ord. No. 2024-2531, § 2, 4-16-2024)

All FSEs shall implement best management practices in accordance with the requirements and guidelines established by the city under its Sewer System Management Plan (SSMP).

(Ord. No. 2024-2531, § 2, 4-16-2024)

All FSEs shall implement grease control device maintenance in accordance with the requirements and guidelines established by the city under its Sewer System Management Plan (SSMP).

(Ord. No. 2024-2531, § 2, 4-16-2024)

A. The city engineer, who is assigned to duties that include the enforcement of FOG Discharge Control regulations and laws, is responsible for enforcing the provisions of this chapter.

B. The city engineer shall have responsibility for enforcing all provisions of this chapter. Violation of any provision of this chapter shall constitute grounds for issuing a Notice of Violation and assessing a fine by a city's enforcement official or representative. Enforcement actions under this chapter are the issuance of an administrative citation and assessment of a fine according to Section 1.20.010. However, nothing herein provided shall prevent the city engineer from efforts to obtain voluntary compliance by way of warning, a notice of violation or educational means.

(Ord. No. 2024-2531, § 2, 4-16-2024)