Santa Ana Municipal Code § 39-59 Private sewer overflows prohibited

Footnotes:

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Editor's note— Ord. No. NS-2921, 6, adopted August 1, 2017, repealed art. III, §§ 39-50—39-58, in its entirety; and § 7 enacted a new art. III, to read as set out herein. Former art. III pertained to similar subject matter, and was derived from Code 1952, §§ 7500—7502; Ord. No. NS-1497, §§ 1, 2, adopted August 6, 1979; Ord. No. NS-2065, § 1, adopted June 18, 1990; Ord. No. NS-2479, § 2, adopted September 17, 2001; Ord. No. NS-2670, § 2, adopted November 15, 2004 and Ord. No. NS-2887, §§ 5—7, adopted December 15, 2015.

As used in this article:

Agency means Public Works Agency, City of Santa Ana.

Best management practices (BMPs) means schedules of activities, a prohibition of practices, maintenance procedures, and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

Change in operations means 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 SSOs to occur.

Director of public works means the chief administrative officer of the Department of Public Works, City of Santa Ana.

Discharger means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as user or customer.

Enforcing attorney means the city attorney or district attorney acting as counsel to the city and his/her designee.

Fats, oils, and grease (FOG) means any substance such as a vegetable or animal product 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.

FOG control program means the FOG control program required by and developed pursuant to statewide general waste discharge requirements for sanitary sewer systems (State Water Resources Control Board Order No. 2006-0003-DWQ).

FOG control program manager means the agency's water resources manager and persons designated by and under his/her instruction and supervision, who are assigned to administer the FOG control program. A consultant retained under contract by the city may be designated as the FOG control program manager.

Food grinder means any device installed in the plumbing or sewage system for the purpose of grinding, chopping, macerating, or pressing food waste or food preparation byproducts for the purpose of disposing some or all food waste into the sewer system.

Food service establishment (FSE) means food facilities defined in the California Retail Food Code, and any commercial entity, 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 a type I or type II hood, as defined in the California Retail Food Code.

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 or collect or treat FOG prior to it being discharged into the sewer system. A grease control device may also include any other method proven to reduce FOG subject to the approval of the director of public works.

Grease interceptor means a multi-compartment device that is constructed in different sizes and is generally required to be located outdoors and underground between a FSE and the connection to the sewer system. These devices must be cleaned, maintained, and have the FOG regularly removed and disposed of in a proper manner to be effective. Also referred to as gravity grease interceptor or GGI.

Grease removal device means a type of hydro-mechanical grease interceptor that automatically and mechanically removes non-petroleum fats, oils, and grease from the interceptor, the control of which is either automatic or manually initiated. Also referred to as GRD.

Grease trap means a grease control device that is used to serve individual fixtures. These have a 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. Also referred to as hydro-mechanical grease interceptor or HGI.

Hot spots means areas in sewer lines that have experienced sanitary sewer overflows that must be cleaned or maintained frequently to avoid blockages of sewer system, or require maintenance that otherwise would be unnecessary.

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

Interference means any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the city's sewer system or is a cause of violation of federal or state environmental laws.

New construction means any structure planned or under construction for which sewer connection permits have not been issued.

Lower sewer lateral means that portion of the sewer lateral that extends from the sewer main to the private property line.

Person means any individual, partnership, firm, association, corporation or public agency, including the state and the United States of America.

Private sanitary sewer overflow means any surface spill, loss, or discharge of untreated or partially treated wastewater resulting from blockages or other problems within a privately owned sewer lateral.

Remodeling means a physical or operational change causing generation of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for FOG discharge to the sewer system; or requires either a discretionary land use approval, building permit, or plumbing permit, and involves any one (1) or combination of the following:

(1) Under slab plumbing in the food processing area;

(2) An increase in the net public seating area;

(3) An increase in the size of the kitchen area; or

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

Rules and regulations means non-punitive rules and regulations as established by the director of public works to implement this section and the FOG control program.

Upper sewer lateral means that portion of the sewer lateral that extends from the private property line to the structure to which it connects.

Sanitary sewer overflow (SSO) means a surface sewer spill, loss, or discharge of wastewater from a sanitary sewer system.

Sewer district means sewer assessment districts formed for the purpose of financing and constructing public sewer systems owned and operated by the city.

Sewer facilities means any and all facilities used for collecting, conveying, pumping, and disposing of wastewater. Sewer facilities shall mean the same as sewer system.

Sewer lateral means that entire connecting sewer line running from the sewer main to the private property line and extending to the structure to which it connects.

Sewer main means the main line sewer, used as a trunk line or major channel of passage for transporting sewage and waste, constructed in a street, highway, alley, place, or right-or-way dedicated to public use. It shall not include sewer laterals or any portion of them.

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

Wastewater means the liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer.

(Ord. No. NS-2921, 7, 8-1-17)

(a) The city shall in no way whatsoever be responsible for any damage to persons or property because of any leakage, breakage, or seepage from, or accident or damage to, any sewer pipe or its appurtenances located on any private premises; nor shall the city be responsible for or on account of any damage, injury, or loss caused directly or indirectly by the existence on private premises of any sewer pipe or its appurtenances.

(b) A sewer lateral from its connection to a building on the property to its point of connection with the sewer main, inclusive of both the upper and lower sewer lateral, shall remain the responsibility of the property owner or user with regard to maintenance, repair and upkeep. All sewer laterals shall be maintained by the owner of the property or user served by such lateral in a safe and sanitary condition so that there is no seepage of waste at any point up to and including the junction of the sewer lateral and the sewer main and so that passage of waste through the lateral to the sewer main is free from stoppage and obstruction. All devices and safeguards that are required by this chapter for the operation thereof shall be maintained in good working order.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Repair and maintenance of all sewer mains dedicated to the city shall be the responsibility of the city's sewer enterprise.

(b) Except as provided herein, repair and maintenance of all privately owned sewer mains and all lateral lines, equipment, and appurtenances connected to the city sewer mains shall be the responsibility of the owner/user, and shall meet the requirements contained in this article.

(c) The city's sewer enterprise may perform the repair and maintenance of all lower sewer lateral lines within the public right-of-way, at the discretion of the director of public works and so long as funds are available in the sewer enterprise to perform such repair and maintenance in accordance with Resolution NS-2479.

(Ord. No. NS-2921, 7, 8-1-17)

(a) All buildings or other structures which contain any plumbing fixtures and which are located within any sewer district or district serviced by a public sewer must be connected to a public sewer.

(b) Whenever any property shall be included in a sewer district or area served by a public sewer, every building or other structure located on such property and containing any plumbing fixtures shall, within ninety (90) days after completion of the public sewer in such district or area, have all such fixtures connected to the such public sewer, and all cesspools or septic tanks on such property shall be disconnected and completely filled with good, sound earth at the time the sewer connection is made; provided, however, if the property has been, previous to its inclusion in a sewer district, connected to a public sewer and if such connection is approved by the director of public works, such connection shall be considered as complying with the provisions of this section.

(Ord. No. NS-2921, 7, 8-1-17)

Any lot or any building or structure on any lot located within the city, but outside of an existing sewer district or area served by a public sewer, may be connected with a public sewer, but no person shall make any such connection unless and until he shall have been granted a sewer permit for such connection and unless and until such person or the owner of such lot or parcel or his duly authorized agent, shall have paid to the agency an amount equal to that which would have been assessed to such lot or parcel had it been in the district assessed for the existing sewer to which the connection is to be made. The amount may be reduced at the discretion of the director of public works to allow for extra length of house sewer or connecting sewer if necessary.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Except as provided in subsection (b), no person shall make any sewer connection unless a permit shall have been applied for and issued by the director of public works. No permit for such connection shall be issued by the director of public works as provided in this section unless the application is accompanied by the payment of a fee to the agency in an amount which the director of public works shall determine to be the applicant's proportionate share of the cost of construction of such public sewer, as prescribed in subsection (c).

(b) Whenever a main sewer line is replaced by a new line, the laterals connected to the former line shall be connected to the new line and the entire lower lateral shall be reconstructed or rehabilitated as part of the installation thereof. In such event, no permit shall be required from the owner or occupant of any existing premises thus reconnected.

(c) The sewer connection fee for the applicant's proportionate share of the cost of public sewer construction shall be computed on the following basis:

(1) The fee shall be an amount equal to the assessment per fixture unit, multiplied by the net increase in fixture units on the parcel or parcels for which sewer connection application is made over the total fixture units previously serviced by any sewer line to which such parcel or parcels were connected. The number of fixture units assigned to each plumbing fixture shall be as provided in the California Plumbing Code.

(2) In all cases of sewer connection application for the servicing of a commercial laundry or restaurant, a fee in the amount of the standard cost per fixture unit multiplied by thirty (30) fixture units per clothes washing or dishwashing machine shall be assessed in addition to other fee assessments pursuant to subsection (c)(1).

(3) The city council shall, from time to time, establish by resolution the current assessment per fixture unit and the sewer connection application fees resulting therefrom in accordance with this section.

(4) All fees collected shall be deposited into the sewer connection fee fund pursuant to article VII of chapter 13.

(Ord. No. NS-2921, 7, 8-1-17)

The director of public works shall review building permit applications for the purpose of determining whether the proposed development would result in an overload of existing sewer line capacity. No building permit which would result in such overload shall be approved unless a sewer line of sufficient capacity be first constructed or unless the city and the applicant enter into an agreement for its subsequent construction. In determining the necessary sewer line capacity, the director of public works shall take into account the anticipated future development of all parcels that use or will use the sewer line to be constructed. The city may enter into an agreement with any person constructing a sewer line pursuant to this section by which such person, or his successor-in-interest, shall be reimbursed for costs of construction of a sewer line, to the extent they exceed such person's own sewer connection fees due under section 39-53, solely from revenues in the sewer connection fee fund established by article VII of chapter 13. Any such agreement may provide that any fee that would otherwise be due pursuant to section 39-53 from the contracting party shall be a credit on the contracting party's right to receive reimbursement, in which case no payment of the fee to the city shall be required from the contracting party.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Maintenance of discharger's facilities. Dischargers shall prevent the discharge of FOG and prohibited wastes pursuant to section 39-58 and keep their sewer laterals, cleanouts, and other apparatus (except facilities owned by the city) in good repair and free from leakage and blockages at their own expense. Customers shall be liable for all damages which may result from the customer's failure to maintain such facilities in good repair and free from leakage and blockages.

(b) Vacated premises. Sewerage rates will be charged for vacated premises until the city is notified of the discontinuance of the use of water and is requested to turn off the water.

(c) Admittance to premises. Any authorized employee of the city shall be admitted at all reasonable hours to all appropriate parts of the premises supplied with sewerage service to see that the provisions of this article, resolutions adopted pursuant hereto, and administrative regulations published in accordance herewith are carried out.

(d) Responsible owner or applicant. In all cases where sewerage service is being provided to several tenants from one (1) connection, the city contracts only with the person designated on the application. Failure by such person to comply with the provisions of this article, or with resolutions or regulations enacted or adopted pursuant hereto, shall be sufficient cause to disconnect all service until such ordinances, resolutions, or regulations are complied with.

(e) Damage to discharger's property. The city will not be responsible for damages to buildings or their contents from any blockage in any portion of a sewer lateral.

(f) Unused sewer lateral. Any sewer lateral connection which has been installed for a period of ten (10) years or more and has not been activated for ten (10) years shall be considered inactive and obsolete. Any person desiring sewerage service for such premises or any portion thereof formerly served by the inactive sewer lateral shall make application for a new sewer lateral connection and pay the current charge therefore.

(g) Facilities owned by city. The city's ownership of sewer facilities ends at the point of connection between the sewer main and the sewer lateral, or, in other special installations, where the city's facilities terminate.

(Ord. No. NS-2921, 7, 8-1-17)

In order to reimburse the city, in part, for its service in transporting sewerage from a water utility customer or other person using the city-owned sewer system and facilities to Orange County's publicly owned treatment works and related infrastructure, and to operate, maintain, repair, and replace the city-owned sewer system and facilities, it is appropriate for the city to charge a sewerage service fee. This charge does not duplicate any existing fee, charge, levy, or other toll currently collected by any public agency, and is intended to be, and shall be interpreted as, distinct and separate from any current or future (a) sewer standby or availability charge or assessment; (b) special benefit assessment or special tax imposed pursuant to state or local law; (c) sewer connection charge or sewer capacity charge paid in connection with or as a condition of approving an application for sewer service; or (d) mitigation fee imposed on new development pursuant to state law (California Government Code section 66000 et seq.) or local law. Where appropriate, words and phrases used in sections 39-55.1—39.55.5 shall have the same meaning as given them under article II.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Except as provided in section 39-55.3, upon each water utility customer of the city there shall be imposed, in addition to the commodity charge for usage of city water, a sewerage service charge. All sewerage service charges imposed pursuant to this subsection, together with all charges imposed pursuant to subsections (b) and (c), shall be due and payable at the same time and in the same manner and subject to the same penalties for unsatisfied fees, charges, and penalties as provided in section 39-20 for payment of municipal utility services account/billing statements for water utility services pursuant to article II, but shall be listed as separate line items on the municipal utility services account/billing statement. The sewerage service fee shall be charged based upon the volume of usage of the city's sewer system by the water utility customer, as measured by metered water service.

(b) Except as provided in section 39-55.3, a sewerage service charge shall be imposed upon any person who receives potable water service from a municipal water provider other than the city or from a private water provider, and who discharges into the city-owned sewer system and facilities. The sewerage service charge shall be made upon the volume of usage of the city's sewer system by the person, as measured by metered water service or other means approved by the director of public works or designee.

(c) Sewer system capital recovery charge. Customers receiving sewer service will be charged a sewer system capital recovery fee as established by resolution.

(d) Lower sewer lateral replacement charge. Customers receiving sewer service will be charged a sewer lateral repair fee as established by resolution.

(e) Fats, oils, and grease control program. Food service establishments and food facilities receiving sewer service will be charged a fats, oils, and grease control program charge as established by resolution.

(Ord. No. NS-2921, 7, 8-1-17)

The following types of connections shall not be liable for payment of the sewerage service charge:

(a) Fire protection service connections when separately metered;

(b) Irrigation service connections when separately metered;

(c) Any individual, partnership, association, corporation, or agency of government that is not connected to the city's sewerage system; provided, however, that it shall be the obligation of the individual, partnership, association, corporation or agency of government to present evidence of this fact to the city; or

(d) Any water utility customer who has not received city-supplied water during a billing period.

(Ord. No. NS-2921, 7, 8-1-17)

The city council shall, from time to time, set a sewerage service charge in accordance with applicable law. All monies collected from the sewerage service charge, including penalties and interest for late payment, shall be deposited into the sewerage enterprise fund established pursuant to chapter 13.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Sewerage service charges and other sewerage service related charges established under section 39-55.2 and any penalties accrued for failure to make timely payment therefore shall be a civil debt owing to the city.

(b) In the event that the owner and occupant of the premises or property receiving sewerage service are the same, then said civil debt against such customer shall constitute a lien against said property upon recordation following appropriate action by the city council following substantial compliance with all provisions of California Government Code section 54354 et seq., as it may be amended from time to time, including notice and an opportunity to be heard; except as may be provided therein. As a separate and distinct remedy, the city attorney is authorized to bring suit pursuant to California Government Code section 54356.

(c) Establishment of a lien against the property shall remove said sewerage charge(s) from the city's regular consolidated municipal utility services account/billing statement and toll the accrual of additional penalties therefore under section 39-20.

(d) The city shall not disconnect water utility service for failure to pay the sewer service charge, unless such failure is accompanied by a customer's failure to pay the water utility service, in which case disconnection of water utility service shall be governed by article II.

(Ord. No. NS-2921, 7, 8-1-17)

(a) The purpose of this section is to allow the maximum beneficial public use of the city's sewer services and facilities while preventing blockages of the sewer lines resulting from discharges of fats, oils, and grease (FOG) to the sewer facilities and to specify appropriate FOG discharge requirements for FSEs.

(b) The purpose of this section is to comply with federal, state, and local policies regarding sanitary sewer overflows and to allow the city to meet applicable standards and provisions for the regulations of wastewater or waste containing FOG discharges to the sewer facilities.

(Ord. No. NS-2921, 7, 8-1-17)

(a) The director of public works is hereby authorized and directed to promulgate rules and regulations consistent with the provisions of this section as may be necessary or desirable to aid in administration of this section and the FOG control program. Any such rule or regulation may be added, modified, or deleted as necessitated by changes in law, increased demands of regulatory agencies, or technological improvements or advances. The rules and regulations shall be filed in the office of the director of public works and maintained in an orderly manner readily accessible to the public. Further, the city will provide a copy of the rules and regulations to all FSEs at the time of initial inspection for compliance with this section. The burden to secure and comply with the rules and regulations shall be upon the FSE and in accordance with the goals and purposes of the FOG control program.

(b) The city manager, the director of public works, and persons designated and under the instruction and supervision of any of them, may investigate compliance of this chapter.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Prohibitions. The following prohibitions shall apply to all FSEs:

(1) The discharge into the sewer system of FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral, except as provided herein.

(2) The installation of food grinders in the plumbing system of new constructions of FSEs. All existing food grinders shall be removed from FSEs within one hundred eighty (180) days of the effective date of this section.

(3) The introduction of any additives into a FSE's wastewater system for the purpose of emulsifying FOG, unless a specific written authorization from the FOG control program manager is obtained.

(4) The disposal of cooking oil into drainage pipes.

(5) The discharge of wastewater from dishwashers into any grease trap or grease interceptor.

(6) The discharge of wastewater with temperatures in excess of 140°F to any grease control device, including grease traps and grease interceptors.

(7) The use of biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization from the FOG control program manager.

(8) The discharge of waste from toilets, urinals, washbasins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service.

(9) The discharge of any waste, including FOG and solid materials removed from the grease control device, to the sewer system.

(b) Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

(Ord. No. NS-2921, 7, 8-1-17)

All FSEs shall implement best management practices (BMPs) in their operation to minimize the discharge of FOG to the sewer system. The requirements and guidelines for BMPs are specified in the rules and regulations.

(Ord. No. NS-2921, 7, 8-1-17)

(a) FOG pretreatment required. Waste containing FOG shall be discharged into the sewer system only under the conditions of this section. The following facilities shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through which grease may be discharged, into an adequately sized, properly maintained and functioning grease interceptor before the discharge enters the sewer system, as well as provide a grease interceptor effluent monitoring port.

(b) Newly constructed FSEs.

(1) A newly constructed FSE(s) shall install grease interceptors prior to commencing the discharge of wastewater to the sewer system.

(2) Existing FSEs undergoing remodeling or a change in operations shall be required to install a grease interceptor prior to commencing the discharge of wastewater to the sewer system.

(c) Existing FSEs. Existing FSEs are not required to install a grease interceptor unless the FOG control program manager makes a determination that the existing FSE currently or potentially adversely impacts the sewer system by causing or contributing to:

(1) FOG hot spots;

(2) Interference;

(3) SSOs; or

(4) The FSE is not implementing or complying with BMPs as listed in the rules and regulations.

(5) The FSE(s) shall install grease interceptors within one hundred eighty (180) days after receipt of official notice to install the interceptor unless the FSE obtains a conditional waiver as discussed below.

(d) Conditional waiver of interceptor requirement. The FOG control program manager may provide a written waiver of the requirement to install a grease interceptor, listing the conditions upon which the waiver is granted, upon a finding of one or more of the following conditions set forth in subsections (1), (2), and (3):

(1) The FSE can substantively demonstrate that it employs an alternative pretreatment technology that is equivalent to or better than a grease interceptor in controlling its FOG discharge.

(2) There is no potential for FOG from the FSEs to cause or contribute to SSOs.

(3) The FSE discharges of FOG are negligible and do not cause a significant impact to the sewer system.

(4) The FSE may use or may be required to install grease traps in lieu of installation of a grease interceptor when:

(A) Installation of an interceptor cannot physically be accomplished;

(B) There is not adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer; and

(C) No alternative pretreatment can be installed. Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code. Grease traps shall be maintained in efficient operating conditions by periodic removal of their full content, including sewage, FOG, floating materials, sludge, and solids. The maintenance frequency for all FSEs with grease traps is specified in FOG Control Program Rules and Regulations.

(e) Revocation of waiver. The program manager may revoke a waiver upon a determination of one (1) or more of the following:

(1) Quantity of FOG discharge, as measured or as indicated by the size of FSEs based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food, and other conditions, has changed since the granting of the waiver such that the FSE is contributing to FOG discharges.

(2) Adequacy of implementation and compliance with BMPs.

(3) Change in sewer size, grade, and condition based on visual information.

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

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

(6) Any other condition deemed reasonably related to the generation of FOG discharges by the FOG control program manager.

(Ord. No. NS-2921, 7, 8-1-17)

(a) All interceptors shall be of an approved type and adequately sized in conformance with the current edition of the California Plumbing Code and shall be installed, operated, and maintained as necessary to maintain compliance with the objectives of this section.

(b) Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor.

(c) Grease interceptors shall be constructed in accordance with the design approved by the FOG control program manager and in accordance with the current edition of the California Plumbing Code design requirements and shall have a minimum of two (2) compartments with fittings designed for grease retention.

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

(e) Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each grease interceptor chamber and sanitary tee. 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.

(Ord. No. NS-2921, 7, 8-1-17)

(a) Grease interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor. The maintenance frequency for all FSEs with a grease interceptor is specified in the rules and regulations.

(b) No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right-of-way during maintenance activities.

(c) FSEs with grease interceptors are required to maintain data and information necessary to establish the maintenance grease interceptors. This documentation shall be provided to the program manager as requested.

(Ord. No. NS-2921, 7, 8-1-17)

Property owners with more than one (1) FSE located on the same property shall be responsible for the installation and maintenance of a grease interceptor(s) and shall be responsible for compliance of the interceptor(s) with FOG program requirements.

(Ord. No. NS-2921, 7, 8-1-17)

In an effort to minimize the discharge of FOG to the sewer system, the FOG control program manager may require the FSE to monitor and/or sample wastewater for compliance with the rules and regulations.

(Ord. No. NS-2921, 7, 8-1-17)

All FSEs shall be required to keep records in accordance with the rules and regulations established by the city under its FOG control program for no less than two (2) years. Required records include, but are not limited to, grease interceptor/trap maintenance and cleaning logs, employee-training logs, waste hauling manifest, interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall, upon reasonable request, make the records available to the program manager or his designee.

(Ord. No. NS-2921, 7, 8-1-17)

(a) The FOG control program manager or his designee may inspect or order the inspection of and sample the wastewater discharges of any FSE to ascertain whether the FSE is complying with all requirements of this section. The FSE shall allow the city access to the FSE premises, during normal business hours, for purposes of inspecting the FSE's grease control devices or interceptor, or reviewing the manifests, receipts, and invoices relating to the cleaning, maintenance, and inspection of the grease control devices or interceptor. Where a FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities/inspections.

(b) The FOG control program manager or his designee shall have the right to place or order the placement on the FSE's property such devices as are necessary to conduct sampling or metering operations. The FSE shall, without restriction, make available for inspection and copying by the program manager or his designee all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal. All such records shall be kept by the FSE for a minimum of two (2) years.

(Ord. No. NS-2921, 7, 8-1-17)

Persons or occupants of premises where wastewater is created or discharged shall allow the FOG control program manager or his designee reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist, or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's sewer system. If entry is refused, the FOG control manager or his designee shall have recourse to the remedies provided by law to secure entry.

(Ord. No. NS-2921, 7, 8-1-17)

(a) In the event a FSE is unable to comply with any section condition due to a breakdown of equipment, accidents, or human error, or the FSE has reasonable opportunity to know that its discharge will exceed the discharge provisions of the this section, the discharger shall immediately notify the program control manager. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the discharger shall immediately notify the local health department and the city.

(b) Confirmation of this notification shall be made in writing to the FOG control program manager no later than five (5) working 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 FSE 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 person or property; nor shall such notification relieve the FSE of any charges, fees or other liability which may be imposed by this section or other applicable law.

(Ord. No. NS-2921, 7, 8-1-17)

The city may, by order of the director of public works, suspend sewer service when the director of public works determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment; or may cause SSOs, sewer blockages, or interference to the city's sewer facilities; or may cause the city to violate any state or federal law or regulation. Any discharger notified of and subject to an emergency suspension order shall immediately cease and design the discharge of all wastewater containing FOG to the sewer system.

(Ord. No. NS-2921, 7, 8-1-17)

Any condition that the FOG control manager determines may result in the discharge of waste, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities, shall constitute a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance and may be summarily abated as such.

(Ord. No. NS-2921, 7, 8-1-17)

Any person acting in violation of this section also may be acting in violation of the Federal Clean Water Act or the California Porter-Cologne Water Quality Control Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify the Environmental Protection Agency, the California Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this section.

(Ord. No. NS-2921, 7, 8-1-17)

(a) The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of:

(1) All costs incurred in enforcement of the section, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages;

(2) All costs incurred in mitigating harm to the environment or reducing the threat to human health; and

(3) Damages for irreparable harm to the environment.

(b) The remedies available to the city pursuant to the provisions of this article shall not limit the city's right to seek any other remedy that may be available by law.

(Ord. No. NS-2921, 7, 8-1-17)

All city-owned sewer lines and private on-site sewer lines and laterals should be constructed and maintained to prevent water infiltration into the sewer system. Private on-site sewer lines and public sewer lines shall be used only to convey raw sewage. Rainfall runoff sources (including but not limited to roof drains, site drains, inlets, uncovered wash area drains, etc.) are prohibited from connecting to any public or private sanitary sewer pipeline.

(Ord. No. NS-2921, 7, 8-1-17)

No person shall introduce or cause to be introduced any of the following into the city's sewer system:

(a) Pollutants that create a fire or explosion hazard in the sewer collection system or the publicly owned treatment works (POTW), including but not limited to waste streams with a closed cup flashpoint of less than 140° Fahrenheit or 60° Centigrade using the test methods specified in 40 CFR (Code of Federal Regulations) section 261.21.

(b) Pollutants that will cause corrosive structural damage to the sewer collection pipes and structures, but in no case discharges with pH lower than five (5.0), unless the sewer system is specifically designed to accommodate such discharges.

(c) Solid or viscous substances in amounts which will cause obstruction to the flow in the sewer collection system or the POTW, resulting in interference.

(d) Any pollutant, including oxygen demanding pollutants, exerting biological oxygen demand, released in a discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW.

(e) Heat in amounts, which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW treatment plant exceeds 40° Centigrade (104° Fahrenheit) unless the approval authority, upon request of the POTW, approves alternate temperature limits.

(f) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil in amounts that will cause interference or pass through.

(g) Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewer collection system or the POTW in a quantity that may cause acute worker health and safety problems.

(h) Any trucked or hauled pollutants.

(i) Large volume discharges in a short period of time (slug flows) that adversely affect the operational capacity of the sewer.

(Ord. No. NS-2921, 7, 8-1-17)

(a) No person shall cause or create a condition which causes a private sanitary sewer overflow. When a private sanitary overflow is found to occur, it shall be the responsibility of the private property owner to:

(1) Immediately prevent the continued discharge of wastewater onto the public right-of-way;

(2) Capture and collect any overflowed or spilled wastewater and return it to the appropriate sewer facilities;

(3) Clean and sanitize all affected areas, both within private property and public right-of-way, to the satisfaction of the director of public works; and

(4) Comply with all other federal, state, and local health department requirements.

(b) Any private property owner who causes or creates a condition which causes a private sanitary sewer overflow and or fails to satisfy the above mitigation responsibilities will be subject to administrative citations under section 1-21. If city personnel are dispatched to perform any of the actions outlined in this section, for any reason, the city reserves the right to charge the private property owner for staff time, equipment, and material spent. Such charges may be billed directly to the private property owner or his/her designee or added to the owner's sewerage service utility account if one (1) exists.

(c) The remedies available to the city pursuant to the provisions of this article shall not limit the city's right to seek any other remedy that may be available by law.

(Ord. No. NS-2921, 7, 8-1-17)