Tehachapi Municipal Code Art. V Fats, Oils and Grease Control Program

The purpose of this article is to outline the wastewater pretreatment requirements for food service establishments (FSEs) that discharge fats, oils and grease (FOG) in the city's sewer collection and conveyance system.

(Ord. No. 23-04-776, § 3, 12-4-2023)

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

B. "Fats, oils and grease" or "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 has turned or may turn viscous or solidifies with a change in temperature or other conditions.

C. "FOG control program" means the City of Tehachapi FOG control program required by and developed pursuant to State Water Resources Control Board Order No. 2022-103-DWQ, Section D.3, D.7. and this article.

D. "FOG wastewater discharge permit" means a permit issued by the city to an FSE subject to the requirements and conditions established by the city authorizing the permittee to discharge wastewater into the city's sewer system or into sewer systems which ultimately discharge into a city sewer facility.

E. "Food service establishment" or "FSE" means any room, building, or place or portion thereof, located within the boundaries of the city, which is maintained, used or operated by any profit or non-profit entity for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging or otherwise handling and distributing food and/or beverages (including prepackaged items), which have any process or device that uses or produces FOG. By example, food service establishments shall include, but not be limited to, facilities and activities as defined above which are operated and maintained by restaurants, lunch counters, refreshment stands, bars, schools, hospitals, convalescent/health care homes, community centers, and private or public community clubhouses.

F. "Food grinder" 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 disposal in the sewer system.

G. "Grease control device" or "GCD" 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 public works director.

H. "Gravity grease interceptor" means any multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a food service establishment and the connection to the 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.

I. "Grease trap" or "hydromechanical grease interceptor" means a grease control device that is used to serve individual fixtures.

J. "Kitchen best management practices" or "BMPs" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the city's sewer system or into sewer systems which ultimately discharge into a city sewer facility.

K. "Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to the United States Environmental Protection Agency; California State Water Resources Control Board; and California Regional Water Quality Control Board, Central Valley Region.

L. "Sanitary sewer overflow" or "SSO" means the unauthorized discharge of wastewater from the City's designated sewer collection and conveyance facilities.

M. "Twenty-five percent Rule" means the requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five percent of the design hydraulic depth of the grease interceptor and thereby ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the sewer system.

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

O. "Permittee" or "permitted discharger" means a discharger who has received a permit to discharge wastewater into the city's sewer system subject to the requirements and conditions established by the city.

P. "Waste hauler" means any person licensed to carry on or engage in vehicular transport of waste as part of, or incidental to, any business for that purpose.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. FOG Discharge Prohibited. No food service establishment shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the food service establishment to the sewer system.

B. General Prohibitions. The following prohibitions and requirements shall apply to all food service establishments:

1. Installation of food grinders in the plumbing system of new constructions of food service establishments is prohibited.

2. Introduction of any additives into a food service establishment's wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance is prohibited.

3. 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.

4. Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.

5. Discharge of wastewater with temperatures in excess of 140°F to any grease control device, including grease traps and grease interceptors, is prohibited.

6. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service, or vice versa, is prohibited.

7. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system is prohibited. Grease removed from grease interceptors shall be hauled periodically as part of the operation and maintenance requirements for grease interceptors by a licensed grease hauler. Owners may self-clean and dispose of small amounts of grease from grease traps in accordance with kitchen best management practices. Grease interceptors must be pumped by a licensed grease hauler.

8. Operation of grease interceptors with FOG and solids accumulation exceeding the twenty-five percent rule.

9. Discharge of any waste including FOG and solid materials removed from floor mats and/or kitchen appliances directly to the sewer system is prohibited.

C. FOG Wastewater Discharge Permit Required. No person shall discharge, or cause to be discharged any wastewater from food service establishments directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this article.

D. Kitchen Best Management Practices Required. All food services establishments shall implement kitchen best management practices specified in Section 8.36.270 in its operation to minimize the discharge of FOG to the sewer system. Additional requirements for kitchen best management practices may be specified in the FOG wastewater discharge permit. This may include kitchen practices and employee training that is essential in minimizing FOG discharge.

E. FOG Pretreatment Required. Food service establishments are required to install, operate and maintain an approved type and adequately sized grease trap or interceptor necessary to maintain compliance with the objectives of this article and in conformance with Section 8.36.270. The grease trap or interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from food service establishments prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of food service establishments that are sources of FOG discharges shall be connected to the grease trap or interceptor. Compliance shall be established as follows:

1. New Construction of Food Service Establishments. New construction of food service establishments, including remodels or tenant improvements that change the classification of an establishment to a food service establishment, shall include the installation of a grease trap or interceptor prior to commencing discharges of wastewater to the sewer system. These devices must be installed by a licensed plumber in accordance with sizing requirements found in the California Plumbing Code, as adopted by the city in Section 15.04.160 of this Code, and in compliance with local Health Department requirements.

2. Existing food service establishments.

a. Existing food service establishments, which have caused or contributed to a grease-related blockage in the sewer system, or which have been determined to contribute or potentially contribute significant FOG to the sewer system by the public works director or their designee, shall be deemed to have reasonable potential to adversely impact the sewer system, and shall install a grease trap or interceptor within sixty days upon notification by the city.

b. Existing food service establishments that change ownership, undergo remodeling or change operations shall be required to install a grease trap or interceptor prior to the re-commencement of business activities.

F. Conditional Variance from Pretreatment Requirement.

1. An existing food service establishment may obtain a conditional variance from installation of a grease trap or interceptor if the public works director or their designee determines the FSE has established to the satisfaction of the public works director or their designee based on the criteria in 8.36.250(F)(2) either of the following:

a. That the FSE has negligible FOG discharge and insignificant impact to the sewer system. Although a variance from installation of a grease trap or interceptor may be granted, the food service establishment may be required to provide space and plumbing segregation for future installation of a grease trap or interceptor.

b. That the FSE utilizes an alternative technology, which is at least equally effective in controlling FOG discharge as a GCD. Alternative technologies must be approved by the public works director or their designee prior to installation and operation.

2. Criteria for Variance. The public works director or their designee determination to grant or revoke a conditional variance shall be based upon, but not limited to, evaluation of the following conditions:

a. Quantity of FOG discharge as measured or as indicated by the size of the food service establishment 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.

b. Adequacy of implementation of kitchen best management practices and compliance history.

c. Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the food service establishment, and history of maintenance and sewage spills in the receiving sewer system.

d. Changes in operations that significantly affect FOG discharge.

e. Any other condition deemed reasonably related to the generation of FOG discharges determined by the public works director or their designee.

3. Terms and conditions. A variance shall contain terms and conditions that serve as basis for its issuance. A variance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the variance was based change so that the justification for the variance no longer exists. Unless earlier revoked, the variance shall be valid so long as the food service establishment remains in compliance with its terms and conditions until the expiration date specified in the variance.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. FOG Wastewater Discharge Permit Required.

1. Food service establishments (FSEs) proposing to discharge or currently discharging wastewater into the city's sewer system shall obtain a FOG wastewater discharge permit from the city. A FOG wastewater discharge permit shall be valid for three years. All FSEs existing as of the effective date of this article shall initially obtain a FOG wastewater discharge permit from the City at the time the FSE next applies for or renews its annual business license following the effective date of this article. After the effective date of this article, a certificate of occupancy shall not be issued for new construction or occupancies unless and until the FSE has obtained a FOG wastewater discharge permit and fully complied with the provisions of this section.

2. FOG wastewater discharge permits shall be subject to all provisions of this article, all other applicable regulations established by the city, and applicable state and federal regulations.

B. FOG Wastewater Discharge Permit Application.

1. Any person required to obtain a FOG wastewater discharge permit shall complete and file with the City an application in a form prescribed by the city and shall pay all applicable fees. The application shall include the following information at a minimum:

a. Name, address, contact information of FSE and description of the FSE, including its operation, food, and service activities;

b. Name, address of all owners

c. Business license;

d. Name, address of property owner or lessor and the property manager where FSE is located; and

e. Any other information as specified on the application form.

2. If requested by the city, the application shall also include site plans, floor plans, mechanical and plumbing plans, and details showing sewers, grease control device by size, location and elevation, and any other information related to the FSE's business operations and potential discharge.

C. FOG Wastewater Discharge Permit Fee. The FOG wastewater discharge permit fee shall be paid by the applicant in an amount established by resolution of the city council and must be received by the city prior to issuance or renewal of a FOG wastewater discharge permit.

D. FOG Wastewater Discharge Permit Conditions. The issuance of a FOG wastewater discharge permit may contain any of the following conditions or limits:

1. Limits on discharge of FOG and other associated pollutants.

2. Requirements for proper operation and maintenance of grease trap or interceptor and other grease control device.

3. Grease trap or interceptor maintenance frequency and schedule.

4. Requirements for installation of adequate grease trap or interceptor and/or grease control device.

5. Requirements for implementing, maintaining and reporting status of kitchen best management practices.

6. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests.

7. Requirements to self-monitor.

8. Requirements for the food service establishment to construct, operate and maintain, at its own expense, FOG control device and sampling facilities.

9. Additional requirements as otherwise determined to be reasonably appropriate by the public works director or their designee to protect the City's system or as specified by other regulatory agencies.

10. Other terms and conditions reasonably required to ensure compliance with this article.

E. FOG Wastewater Discharge Permit Modification of Terms and Conditions. The terms and conditions of an issued FOG wastewater discharge permit may be subject to modification in the sole determination of the public works director or their designee during the life of the permit.

1. The permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The public works director or their designee shall review the request, make a determination on the request, and respond in writing.

2. Any changes to the terms and conditions of a FOG wastewater discharge permit shall be based on the following criteria:

a. The discharger's current or anticipated operating data;

b. The city's current or anticipated operating data;

c. Changes in the requirements of regulatory agencies which affect the city; or

d. A determination by the public works director or their designee that such modification is appropriate to further the objectives of the city's FOG program.

3. The permittee shall be informed of any change in the permit limits, conditions, or requirements. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

F. Non-Transferability of Permits. FOG wastewater discharge permits issued under this article are for a specific food service establishment, for a specific operation and create no vested rights.

1. No permittee shall assign, transfer, or sell any FOG wastewater discharge permit issued under this article nor use any such permit for any premises, facilities, operations or discharges not expressly encompassed within the underlying permit.

2. Any permit that is transferred to a new owner or operator or to a new facility is void.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. Grease Control Device Specifications, Operation and Maintenance: Gravity Grease Interceptors and Hydromechanical Grease Interceptors.

1. All food service establishments shall provide wastewater of a quality acceptable to the city, under the requirements and standards established herein, before discharging to any public sewer. Any food service establishment required 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 current edition of the California Plumbing Code. Grease interceptors shall be constructed in accordance with the design approved by the City of Tehachapi Building Department. Grease interceptors shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease.

3. 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.

4. All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the public works director or their designee pursuant to this section.

5. 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.

6. Food service establishments with grease interceptors are required to submit data and information necessary to establish the maintenance frequency for grease interceptors during regular compliance inspections or as requested for compliance with the city's FOG control program requirements.

7. The maintenance frequency for all food service establishments with a grease interceptor shall be determined in one of the following methods:

a. Grease interceptors shall be fully pumped out and cleaned at a frequency such that the combined FOG and solids accumulation does not exceed twenty-five percent of the total 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 sewer system.

b. All food service establishments with a gravity grease interceptor shall maintain their grease interceptor not less than every ninety days.

c. Gravity grease interceptors shall be fully pumped out and cleaned quarterly at a minimum when the frequency described in the FOG wastewater discharge permit has not been established. Hydromechanical grease interceptors (grease traps) shall be maintained no less than once every seven days when the frequency described in the FOG Discharge Permit has not been established. The maintenance frequency shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in FOG wastewater discharge permit and guidelines adopted pursuant to the FOG control program. The public works director or their designee may change the maintenance frequency at any time to reflect changes in actual operating conditions in accordance with the FOG control program. Based on the actual generation of FOG from the food service establishment, the maintenance frequency may increase or decrease.

d. The owner/operator of a food service establishment may submit a request to the public works director or their designee requesting a change in the maintenance frequency at any time. The food service establishment has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements described in the FOG wastewater discharge permit and that it is in full compliance with this article. Upon a determination by the public works director or their designee that the requested revision is justified, the permit shall be revised accordingly to reflect the change in maintenance frequency.

e. If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in the FOG wastewater discharge permit, the food service establishment shall be required to have the grease interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the public works director or their designee may also increase the maintenance frequency of the grease interceptor from the current frequency.

8. Grease interceptors shall be inspected regularly by the permittee or their agent to check for influent crossover and effluent T's, and for effective operation of the baffles and flow regulating device. Grease interceptors and their baffles shall be maintained free of all deposits of FOG and waste. Any repairs identified by city inspectors must be corrected within the assigned timeframe identified on the city's FOG control program inspection report.

9. Grease traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device. Grease traps and their baffles shall be maintained free of all deposits of FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process. Any repairs identified by city inspectors must be corrected within the assigned timeframe identified on the city's FOG control program inspection report.

10. Dishwashers and garbage grinders shall not be connected to or discharged into any grease trap.

B. Kitchen Best Management Practices. All food service establishments shall implement kitchen best management practices in accordance with the requirements and guidelines established by the city under its FOG control program in an effort to minimize the discharge of FOG to the sewer system. Kitchen best management practices shall be kept on file and available to all employees. All food service establishments shall be required, at a minimum, to comply with the following kitchen best management practices, when applicable:

1. Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. Segregation and collection of waste cooking oil. 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. Licensed waste haulers or an approved recycling facility must be used to dispose of waste cooking oil.

3. Disposal of food waste. All food waste shall be disposed of directly into the trash, garbage, or food waste recycling bin, and not in sinks.

4. Employee training. Employees of the food service establishment shall be trained by ownership/management periodically as specified in the FOG wastewater discharge permit, on the following subjects:

a. How to "dry wipe" pots, pans, dishware and work areas before washing to remove grease.

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

c. How to properly dispose of waste cooking oil in recycling receptacles and proper "dry" clean-up methods for spilled waste cooking oil.

d. Prohibition of the use of emulsifiers, degreasers or chemical/biological additives that may negatively impact the performance of a grease trap or interceptor. These items are prohibited for discharge to a FOG control device.

C. Disposal Requirements. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from the grease interceptor shall be disposed of properly by waste haulers in accordance with federal, state and/or local laws.

(Ord. No. 23-04-776, § 3, 12-4-2023)

FSEs are required to obtain and maintain for a minimum of three years a copy of the following information:

A. Name of hauling company;

B. Name and signature of operator performing the pump out;

C. Documentation of full pump out with volume of water and FOG removed (e.g. one thousand five hundred gallons);

D. Documentation of the level of floating FOG and solids (to determine if volume exceeds twenty-five percent capacity of grease removal equipment);

E. Method of determination used to assess level of FOG and solids;

F. Documentation of repairs to the grease interceptor; and

G. Identification of the facility where the waste hauler disposes of the waste.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. In the event a permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or the permittee has reasonable opportunity to know that his/her/its discharge will exceed the discharge provisions of the FOG wastewater discharge permit or this article, the discharger shall immediately notify the city by telephone at the number specified in the permit. If the material discharged to the sewer has the potential to cause or results in sewer blockages or SSOs, the discharger shall immediately notify the local health department, county, and the city.

B. Confirmation of this notification shall be made in writing to the public works director at the address specified in the permit no later than five 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 permittee 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 permittee of any fees or other liability which may be imposed by this article or other applicable law.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. Any discharger who discharges any waste, including, but not limited to those listed under Code of Federal Regulations, Title 40, Section 403.5, which causes or contributes to any sewer blockage, SSOs, obstruction, or disruption in operation of the sewer system shall be liable for all costs incurred by the city required to clean or repair the sewer system together with expenses incurred by the city to resume normal operations. The total amount shall amount to the city's actual costs and expenses and shall be payable within forty-five days of invoicing by the city.

B. Any discharger who the public works director determines discharges a waste which causes or contributes to the city violating its discharge requirements established by any regulatory agency incurring additional expenses or suffering losses or damage to the facilities, shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other regulatory agencies or a court. The public works director determination in this section is subject to a right of appeal by the permittee to the city manager pursuant to the procedures set forth in Section 8.36.310.E.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. The city may, by order of the public works director, suspend sewer service and/or water service pursuant to Section 8.36.190 when the public works director 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, interference to the city's sewer system, 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 desist the discharge of all wastewater containing FOG to the sewer system.

B. Discharge of wastewater in any manner in violation of this article or of any order issued by the public works director, as authorized by this article, is hereby declared a public nuisance.

C. All costs for physically ceasing the permittee's discharge and all costs incurred by the city to abate any such nuisance shall be paid by the permittee.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. Inspection of food service establishments to determine compliance with this article shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the public works director or their designee. The FSE shall allow the city access to its premises.

B. Noncompliance with kitchen best management practices, twenty-five percent rule for grease traps or interceptors, maintenance frequency requirements for grease traps or interceptors, permit discharge conditions, required repairs or any discharge provisions of this article may be determined by an inspection of the food service establishment.

C. Noncompliant conditions will be documented in the city's FOG control inspection report and will be considered an warning whereby the discharger shall comply with all directives, conditions and requirements therein within the time prescribed.

D. Persons on premises where wastewater is created or discharged shall allow the public works director or designee reasonable and safe access in order to carry out inspections authorized by this section and no person shall interfere with, delay, resist or refuse entrance to the public works director or designee attempting to inspect any facility pursuant to this section.

(Ord. No. 23-04-776, § 3, 12-4-2023)

A. Purpose.

1. The city finds that in order to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the city's sewer system are protected and are able to operate with the highest degree of efficiency, and to protect the public health and environment, specific enforcement provisions must be adopted to govern the discharges to the city's system by food service establishments.

2. The city is willing to cooperate with all users on improvements in wastewater quality, yet must be in a position to ensure that uncooperative users shall comply with this article and any conditions set forth in a wastewater discharge permit.

3. To ensure that all interested parties are afforded due process of law and that violations are resolved as soon as possible, the general policy of the city is that the public works director may issue a notice of violation, suspend or revoke a permit, or terminate service subject to a right of appeal by the permittee to the city manager pursuant to the procedures set forth in Section 8.36.310.E.

4. The city, at its discretion, may utilize any one, combination, or all enforcement remedies in response to any noncompliance with a permit condition or any violation of this article.

5. Each day of noncompliance or violation shall be taken as a separate noncompliance or violation for determining penalties and/or which enforcement actions may be taken.

B. Violations.

1. The permittee, and, if different than the permittee, the owner or operator of a FSE, shall be in violation of this article if such permittee, owner or operator:

a. Makes any false statement, representation, record, report, plan or other document that is filed with the city.

b. Fails to install an approved grease control device as required by this article.

c. Tampers with or knowingly renders inoperable any grease control device, monitoring device, or sample collection method required under this article.

d. Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal.

e. Fails to keep up-to-date and accurate records of all cleaning, maintenance, and grease removal and upon request to make those records available to the public works director or designee.

f. Refuses to provide, or allow inspection of, records, reports, plans, or other documents required by the city to determine permit terms, conditions, discharge compliance, or compliance with these standard conditions.

g. Refuses reasonable access to the public works director or designee to the permittee's premises for the purpose of inspection and monitoring.

h. Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner.

i. Fails to report significant changes in operations or wastewater constituents or ownership.

j. Fails to comply with the terms and conditions of any enforcement action.

k. Fails to remove all food grinders located in the food facility by the date specified by this article.

l. Otherwise fails to comply with the provisions of this article or any permit issued by the city under this article.

2. Violations under this article shall be subject to the procedures, penalties and remedies set out in this article. All costs for the investigations, enforcement actions, and ultimate corrections of violations under this section, incurred by the city shall be reimbursed by the permittee and/or owner/operator of the FSE.

C. Notice of Violation. Upon determination by the public works director or designee that a permittee or discharger has committed any of the violations in subsection B of this section or otherwise fails to comply with this article, the public works director or designees shall issue a notice of violation (NOV) to the permittee or discharger specifying the terms and conditions required to ensure compliance with this article and any other applicable requirements and set forth a time period within which to comply with all directives, conditions and requirements. The discharger or permittee shall comply with all directives, conditions and requirements therein within the time period proscribed in the notice.

D. Remedies. Upon failure of the permittee or discharger to comply with all directives, conditions and requirements of an inspection report and/or NOV within the time period proscribed, the city may at its sole discretion impose any or all of the following remedies.

1. Suspension, Revocation and Termination.

a. Permit Suspension.

i. The public works director may suspend any FOG wastewater discharge permit if the public works director determines that a permittee has committed any of the violations in subsection B of this section, fails to pay an invoice for more than ninety days pursuant to 8.36.310.E, or otherwise fails to comply with this article.

ii. Upon an order of suspension by the public works director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's sewer system for the duration of the suspension. All costs for physically ceasing the permittee's discharge shall be paid by the permittee.

iii. Any owner or responsible management employee of the permittee shall be bound by the order of suspension.

iv. The public works director may reinstate a suspended FOG wastewater permit upon demonstration by the permittee to the satisfaction of the public works director that the permittee has corrected all violations, paid all due invoices, and is otherwise in compliance with this article.

b. Permit Revocation.

i. The public works director may revoke a suspended FOG wastewater discharge permit if the public works director determines that a permittee has failed to correct all violations in the time period proscribed in the permit suspension order or is otherwise not in compliance with this article.

ii. Upon an order of revocation by the public works director, the permittee shall immediately cease and desist its discharge and shall have no right to discharge any wastewater containing FOG directly or indirectly to the city's system unless and until the permittee applies for and obtains a new FOG wastewater discharge permit. All costs for physically ceasing the permittee's discharge shall be paid by the permittee.

iii. Any owner or responsible management employee of the permittee shall be bound by the order of revocation.

c. Termination of Service.

i. The city, by order of the public works director may physically terminate sewer service to any property as follows:

1. On an order of revocation of a permit; or

2. Upon the failure of a person not holding a valid FOG wastewater discharge permit to immediately cease the discharge, whether direct or indirect, to the city's sewer system.

ii. The city, by order of the public works director, may reinstate service upon demonstration by the permittee to the satisfaction of the public works director that the permittee has corrected all violations and is otherwise in compliance with this article.

iii. All costs for physical termination as well as all costs for reinstating service shall be paid by the owner or operator of the food service establishment or permittee.

2. Civil Penalties.

a. All users of the city's system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, California Regional Water Quality Control Board, or the County of Kern and other regulatory agencies pursuant to the authority and provisions of several laws, including, but not limited to:

i. Federal Water Pollution Control Act, commonly known as the Clean Water Act (United States Code, Title 33, Section 1251 et seq.);

ii. California Porter Cologne Water Quality Control Act (California Water Code Section 13000 et seq.);

iii. California Hazardous Waste Control Law (California Health & Safety Code Section 25100 et seq.);

iv. Resource Conservation and Recovery Act of 1976 (United States Code, Title 42, Section 6901 et seq.); and

v. California Government Code Sections 54739 through 54740.6.

b. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by the city, as caused by the discharge of any discharger or permittee to the city's system which is in violation of any provision of this article or the permittee's permit, the city shall be entitled to recover from the discharger or permittee all costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.

c. Administrative Civil Penalties. Pursuant to the authority, and consistent with the procedures, of California Government Code Sections 54740.5 and 54740.6, the city may issue an administrative complaint to, and after a hearing, or appeal if any, assess a civil penalty against any person who violates any provision of this article; any permit condition, prohibition, or effluent limit; or any suspension or revocation order.

d. Pursuant to the authority of California Government Code Sections 54739 through 54740, any person who violates any provision of this article; any permit condition, prohibition or effluent limit; or any suspension or revocation order shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. Pursuant to the authority of the Clean Water Act, United States Code, Title 33, Section 1251 et seq., any person who violates any provision of this article, or any permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to exceed twenty-five thousand dollars per violation for each day in which such violation occurs. The city attorney of the city, upon direction of the city manager or the city manager's designee, shall petition the superior court to impose, assess, and recover such penalties, or such other penalties as the city may impose, assess, and recover pursuant to federal and/or state legislative authorization.

3. Criminal Penalties. Any person who violates any provision of this article is guilty of a misdemeanor pursuant to chapter 1.20 of this Code.

E. Appeals to the City Manager. Any FSE, permit applicant, or permittee adversely affected by a decision made by the public works director under this article may appeal the public works director's decision by filing, within ten days of such decision, a written request for hearing before the city manager accompanied by an appeal fee in an amount established by resolution of the city council. The request for hearing shall set forth in detail all the issues in dispute and all facts supporting appellant's request. A hearing shall be held by the city manager within sixty-five days of the request for such hearing. The appeal fee shall be refunded if the city manager reverses or modifies, in favor of the appellant, the decision of the public works director. After the hearing, the city manager shall uphold, modify, or reverse the decision of the public works director. The written decision shall be sent by certified mail to the appellant or its legal counsel/representative at the address provided in the written request for a hearing. The city manager's decision shall be final.

F. Payment of Charges. Except as otherwise provided, all fees, charges and penalties established by this article are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five days after date of invoice.

1. Any charge that becomes delinquent shall have added to it a penalty in accordance with the following:

a. Forty-six days after date of the invoice, a basic penalty of ten percent of the base invoice amount, not to exceed a maximum of one thousand dollars; and

b. A penalty of 1.5 percent per month of the base invoice amount and basic penalty shall accrue from and after the 76th day after date of invoice.

c. Any invoice outstanding and unpaid after ninety days shall be cause for immediate suspension of the permit.

2. Penalties charged under this section shall not accrue to those invoices successfully appealed, provided the city receives written notification of said appeal prior to the payment due date.

3. Payment of disputed charges is still required by the due date during the city review of any appeal submitted by permittees.

4. Collection of delinquent accounts shall be in accordance with the city's municipal code.

G. Judicial Review.

1. Pursuant to Section 1094.6 of the California Code of Civil Procedure, an action for judicial review of a final decision by the city under this article shall be filed no later than the 90th day following the date the decision becomes final.

2. Notwithstanding the foregoing, and pursuant to Government Code Section 54740.6, judicial review of a final order imposing administrative civil penalties pursuant to Section 8.36.310.7.d may be made only if the petition for writ of mandate is filed not later than the 30th day following the day on which such order becomes final.

(Ord. No. 23-04-776, § 3, 12-4-2023)