Article 10 — FATS, OILS AND GREASE DISPOSAL

It is the intent of this section to establish regulations for the disposal of FO&G and other insoluble waste discharges from Food Facilities within the unincorporated areas of Orange County. The purpose is to facilitate the maximum beneficial public use of the sanitary sewer systems while at the same time attempting to prevent blockages of those sanitary sewer systems as a result of the discharge of FO&G, and to specify appropriate FO&G disposal requirements for Food Facilities to protect the public health and safety.

(Ord. No. 03-002, § 2, 1-7-03)

A.

Food Facility as defined in California Uniform Retail Food Facilities Law (CURFFL) section 113785, shall mean any commercial entity within the unincorporated areas of the County, 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 equipment that uses or produces FO&G, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL section 113785.

B.

Limited food preparation establishments shall mean establishments engaged only in reheating, hot holding or assembly of ready to eat food products. It does not include any operation that changes the form, flavor, or consistency of food. For purposes of this Ordinance, a limited food preparation establishment is not considered to be a Food Facility.

C.

Change in operations shall mean any change in the ownership, food types, or operational procedures that have the potential to increase by fifty (50) percent the amount of fats, oils, or grease used or generated by

food preparation.

D.

Food grinder shall mean 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 sanitary sewer system.

E.

Fat, Oil and Grease (FO&G) shall mean 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 solidifies with a change in temperature or other conditions.

F.

Grease Control Device shall mean any grease interceptor, grease trap or other mechanism or equipment, which attaches to wastewater plumbing fixtures and lines, the purpose of which is to trap/collect FO&G prior to it being discharged into the sanitary sewer system.

A Grease Interceptor is a two (2) or three (3) compartment device that is generally required to be located, according to the Uniform Plumbing Code, underground between a Food Facility and the connection to the sanitary sewer system. These devices can be large (in excess of seven hundred fifty (750) gallons) and primarily use gravity to separate FO&G from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FO&G removed and disposed of in a proper manner on a regular interval to be effective.

Interceptors shall be structurally intact, including acceptable internal plumbing, manhole inspection covers, baffles between chambers, and a structure not compromised by intruding tree roots, etc.

A Grease Trap is a device much smaller than a Grease Interceptor and services up to a maximum of four (4) individual fixtures. Grease Traps need to be emptied more often than Grease Interceptors to be effective due to their small size. Grease Traps have limited effect and should only be used in those cases where the use of a Grease Interceptor is determined to be impossible or impracticable.

G.

Remodeling shall mean a physical change exceeding a cost of fifty thousand dollars ($50,000.00) to a Food Facility that requires a building permit, and involves any one (1) or combination of the following:

(1)

Under-slab plumbing in the food processing area;

(2)

A thirty (30) percent increase in the net public seating area;

(3)

A thirty (30) percent increase in the size of the kitchen area; or

(4)

Any change in the size or type of food preparation equipment.

H.

Grease Disposal Mitigation Fee shall mean a fee charged to an Owner/Operator of a Food Facility when there are physical limitations to the property that make the installation of the usual and customary Grease Interceptor for the Food Facility under consideration, impossible or impracticable.

I.

Sewer Lateral shall mean a building sewer (sanitary) as defined in the Uniform Plumbing Code.

J.

Director shall mean the Director, Planning and Development Services Department, or his or her designee.

K.

County shall mean the County of Orange.

(Ord. No. 03-002, § 2, 1-7-03)

A.

All fixtures, equipment and drain lines located in the food preparation and clean up areas of Food Facilities that are sources of FO&G discharge shall be connected to an approved grease control device unless otherwise determined in accordance with the provisions of this section. Dishwashers or other fixtures discharging emulsifying agents (e.g., detergents) shall be connected to the sanitary sewer system such that their potential to adversely impact the operation of the grease control device operation is minimized.

B.

Unless it is impossible or impracticable, grease interceptors shall be used in all new Food Facilities where it is necessary to install a grease control device, and shall have a minimum capacity of seven hundred fifty (750) gallons. New Food Facilities shall follow sizing criteria for larger devices as specified by Resolution of the Board of Supervisors.

C.

All existing Food Facilities undergoing remodeling or a change in operations shall be required to install grease control devices with each chamber readily and easily capable of cleaning and inspection of each chamber from the surface and shall include a downstream sample box in accordance with the Uniform Plumbing Code as determined by the Director.

D.

Property owners of commercial properties shall be required to install and maintain approved grease control devices serving multiple Food Facilities that are located on a single parcel, in accordance with subsection "C" above and the Uniform Plumbing Code.

E.

No Certificate of Use and Occupancy shall be issued for a Food Facility that is required to have an approved grease control device, until such device has been installed, inspected and approved by the Director.

F.

The Director may establish additional guidelines to supplement this Ordinance regarding, but not limited to:

Design, construction and inspection standards of grease control devices;

The management, operation and maintenance standards for grease control devices;

Kitchen best management practice to prevent FO&G from entering the devices;

Grease control device cleaning, reporting, inspection and enforcement standards; and

standards for the collection and disposal of FO&G by appropriate entities.

G.

Upon the effective date of this Ordinance, the installation of food grinders in the plumbing system of new Food Facilities shall be prohibited. Furthermore, all Food Grinders shall be removed from all existing Food Facilities by June 30, 2003.

H.

Upon the effective date of this Ordinance, the introduction of any additives into a Food Facility's wastewater system for the purposes of emulsifying FO&G, is prohibited without the specific written authorization from the sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the Food Facility.

(Ord. No. 03-002, § 2, 1-7-03)

Within six (6) months of the effective date of this Ordinance, all existing and newly installed grease control devices shall be maintained in a manner consistent with a maintenance plan approved by the Director.

A.

No FO&G that has accumulated in a grease control device shall be allowed to pass into any sewer lateral, sanitary sewer system, storm drain, or public right-of-way during maintenance activities.

B.

Each new and existing Food Facility with a grease control device shall have an approved maintenance plan which specify the minimum maintenance frequency for removal of all accumulated FO&G from the grease control device, which shall be determined as follows:

For new Food Facilities, the minimum maintenance frequency for interceptors shall be as follows:

Type of Establishment Minimum Maintenance Frequency

Take out only Every 45 days

  With wok stoves, deep fryers or more than one Every 20 days griddle

Take out & seating Every 60 days

  With wok stoves, deep fryers or more than one Every 30 days griddle

Seating only Every 90 days

  With wok stoves, deep fryers or more than one Every 60 days griddle

For existing Food Facilities with a Grease Interceptor, the maintenance plan shall be determined in one of the following methods:

i.

In the same manner as for new Food Facilities under paragraph 1 above; or

ii.

The owner/operator of a Food Facility in existence on the effective date of this Ordinance, may submit an application to the Director requesting that a maintenance plan other than that identified in subsection 1 above, be imposed on that Food Facility, due to the fact that the Food Facility has been following a regular maintenance cycle in the past, and based on the particular Food Facility operation, the current regular

maintenance plan is adequate to guard against FO&G passing into the sanitary sewer system. Upon a determination by the Director that an acceptable Grease Control Device maintenance plan is being followed that meets the minimum requirements set forth in the Uniform Plumbing Code, then it may be used as the approved maintenance plan for that particular Food Facility.

iii.

In the event it is determined that a Food Facility, as a result of a change in operations, is using a Grease Interceptor that is smaller in capacity than would be required for that Food Facility under this Ordinance, the Director may allow said Food Facility to continue to operate with the smaller Grease Interceptor, provided the Food Facility prepares a maintenance plan acceptable to the Director that requires more frequent servicing then would otherwise be required if the proper sized Grease Interceptor was installed.

C.

Notwithstanding "B." above, if any Grease Interceptor at any time contains floating oil/grease in the final chamber, or sludge in any chamber that is within two (2) inches of the discharge elbow, the owner and/or operator of the Food Facility shall have the Grease Interceptor serviced such that all fats, oils, grease, sludge, and other materials are completely removed from the Grease Interceptor after which the Interceptor shall be refilled with cold water.

D.

Notwithstanding "B." and "C." above, all existing Food Facilities with a Grease Interceptor shall be serviced not less than every one hundred eighty (180) days. Grease Traps shall be cleaned of all material on a daily basis.

E.

The owner and/or operator of a Food Facility with an approved Grease Control Device, 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 two years. The owner and operator of a Food Facility shall, upon request, make the manifests, receipts and invoices available to any County Health Care or Code Enforcement representative, or his or her designee, representative of a local sanitation agency that has jurisdiction of the sanitary sewer system that services the Food Facility, or any authorized inspector that has jurisdiction under the Water Quality Ordinance.

F.

The owner and/or operator of a Food Facility with a Grease Control Device shall allow any County Health Care or Code Enforcement representative or a representative of the local sanitation agency that has jurisdiction of the sanitary sewer system that services the Food Facility, or any authorized inspector that has jurisdiction under the Water Quality Ordinance, access to the Food Facility premises, during normal business hours, for purposes of inspecting the Food Facility's Grease Control Devices, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the Grease Control Devices.

(Ord. No. 03-002, § 2, 1-7-03)

Commencing on July 1, 2003, new Food Facilities that are permitted to operate without an installed Grease Interceptor shall be required to pay an annual Grease Disposal Mitigation Fee.

A.

A Grease Disposal Mitigation Fee shall only be allowed after all other Grease Control Devices have been considered for installation. This mitigation fee shall be established by and paid to the local sanitary sewer agency, and shall be based on the estimated annual increased cost of maintaining the private sewer lateral pipelines for removal of FO&G attributable to the Food Facility as a result of no Grease Control Device being installed.

The Food Facility owner or operator shall pay the Grease Disposal Mitigation Fee annually, no later than July 30 of each year.

B.

The Grease Disposal Mitigation Fee may be waived or reduced on a no less than annual basis when the Food Facility owner or operator demonstrates to the satisfaction of the local sanitary sewer agency that they had used BMP on a regular basis to reduce the introduction of grease into the SSS.

C.

The Grease Disposal Mitigation Fee may not be waived or reduced when the Food Facility's private sewer lateral pipeline has failed and resulted in a wastewater backup within or surrounding the Food Facility during the twelve (12) months prior to the waiver request.

(Ord. No. 03-002, § 2, 1-7-03)

Any decision of the Director, other than a decision pursuant to section 9-1-126 of this division, may be appealed by any owner or operator of a Food Facility affected by said decision, to the Planning Commission.

(Ord. No. 03-002, § 2, 1-7-03)

A.

The owner and operator of a Food Facility shall be in violation of this Ordinance if he or she:

Fails to install an approved Grease Control Device as required by this Ordinance;

Makes any false statement, representation, record, report, plan or other document that is filed with the County;

Tampers with or knowingly renders inoperable any Grease Control Device required under this Ordinance;

Fails to clean, maintain or remove grease from a Grease Control Device within the required time for such cleaning, maintenance or grease removal;

Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal for the Food Facility's Grease Control Device and upon request to make those records available to any County Health Care or Code Enforcement representative, or his or her designee, any representative of a local sanitation agency that has jurisdiction over the sanitary sewer system that services the Food Facility, or any authorized inspector that has jurisdiction under the Water Quality Ordinance;

Refuses a County Health Care or Code Enforcement representative, or his or her designee, a representative of a local sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the Food Facility, or any authorized inspector that has jurisdiction under the Water Quality Ordinance, reasonable access to the Food Facility for the purposes of inspecting, monitoring, or reviewing the Grease Control Device manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the Grease Control Device, and/or to inspect the Grease Control Device;

Disposes of, or knowingly allows or directs FO&G to be disposed of, in an unlawful manner;

Fails to remove all food grinders located in the Food Facility by June 30, 2003;

Introduces additives into a wastewater system for the purposes of emulsifying fats, oils and grease without the written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the Food Facility; or

Fails to pay the Grease Disposal Mitigation Fee as specified in section 9-1-124, above when due.

B.

Violations under this section shall be subject to the procedures, penalties and remedies set out in sections 1-1-34 et. Seq. and 9-1-10 et. Seq. of the Codified Ordinances of the County of Orange, California, as amended from time to time. All costs for the investigations, enforcement actions, and ultimate corrections of violations under this section, incurred by the County of Orange, shall be reimbursed by the owner/operator of the Food Facility.

(Ord. No. 03-002, § 2, 1-7-03)

If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unenforceable, such decision shall not affect the validity or enforceability of the remaining portions of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases may be declared invalid or unenforceable.

(Ord. No. 03-002, § 2, 1-7-03)