Victorville Municipal Code Ch. 10.03 Fats, Oils and Grease (fog) Control

It is the intent of this chapter to establish a permit procedure for the installation and maintenance of interceptors for fats, oils and grease (FOG) and other insoluble waste discharged from restaurants and other food service establishments (FSEs) connected to the city sewer system. The purpose of such permit procedure is to establish appropriate FOG discharge requirements and regulations for all FSEs discharging to the city sewer system to prevent interference with and blockages of the city's sewer system and prevent sanitary sewer overflows (SSOs) caused by FOG blockages. By enacting this chapter, the city council further intends to provide a fair and effective means to enforce the provisions of this chapter, promote public health and safety and provide for the maximum beneficial public use of the city's sewer system and the other sewer facilities to which it discharges.

(Ord. No. 2363, § 4, 3-21-17)

The definitions below (together with the terms defined in Chapter 10.02 of this Code, unless a different definition is given to such term in this Chapter 10.03) shall govern the construction of this chapter and any permits issued thereunder, unless otherwise apparent from the context.

(a) "Authorized enforcement officer" shall mean the FOG manager, a city code enforcement official or officer, or such other individuals as are employed by the city and are authorized to conduct inspections and enforce the provisions of this chapter, this Code and any applicable related statutes, rules, codes and regulations enforceable by the city.

(b) "Best management practices" or "BMPs" shall mean the schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the public sewer.

(c) "Building official" shall mean the city official described in Section 16-1.02.050(a) of this Code or his/her designees. The building official has authority over all aspects of the FOG control program.

(d) Compliance schedule agreement" or "CSA" shall mean an agreement between the city and a permittee designed to bring such permittee into compliance with the requirements of its FOG permit.

(e) "Composite sample" shall mean a collection of individual samples obtained at selected intervals based on an increment of either flow or time that once formed is a representative sample of the waste stream discharged during the sample period or when waste discharge occurs.

(f) "Effluent" shall mean any liquid outflow from a food service establishment (FSE) that is discharged into the public sewer system.

(g) "Fats, oils, and grease" or "FOG" shall mean any substance such as 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. It is typically a non-petroleum organic polar compound derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules and are detectable and measureable using analytical procedures established in the United States Code of Federal Regulations codified at 40 CFR Part 136.

(h) "FOG control program" shall mean the FOG control rules, regulations and procedures identified in this chapter and such other public outreach, education and other provisions developed pursuant to Section 9 of the city's sewer system management plan (SSMP).

(i) "FOG manager" shall mean the individual designated by the city building official to administer its FOG control program, or his/her designee. The FOG manager is responsible for maintaining, monitoring and insuring compliance with the city's FOG control program.

(j) "FOG permit" shall mean a FSE grease interceptor/trap permit issued by the city under the provisions of this chapter and the city's SSMP that authorizes a FSE to discharge wastewater into the city sewer system.

(k) "Food grinder" shall mean any device installed in the plumbing or wastewater system of an FSE for the purpose of grinding food waste or food preparation byproducts for the purpose of discharging them into the public sewer system.

(l) "Food service establishment" or "FSE"" shall mean a food facility as defined in the California Uniform Retail Food Facilities Law (CURFFL), Section 113789 of the Health and Safety Code, and any commercial entity within the boundaries of the city, 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 mechanical ventilation as required by Health and Safety Code Section 114149.1. The term "FSE" shall mean and include FSE operators, owners of FSEs and managers or such other persons responsible for the day-to-day management and operations of the FSEs.

(m) "FSE operator" or "operator" shall mean each owner, tenant, and occupant of any private property on which a FSE is located that is directly or indirectly connected by means of a building sewer to the public sewer system.

(n) "Grab sample" shall mean a sample taken from the waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

(o) "Grease control device" or "GCD" shall mean any grease interceptor, grease trap or other mechanisms, devices, or processes, which attach or are applied to wastewater plumbing fixtures and lines, the purpose of which is to trap, collect or treat FOG present in wastewater prior to discharge into the sewer system. "GCDs" may also include any other proven method(s) to reduce FOG, subject to the approval of the FOG manager.

(p) "Grease interceptor" or "interceptor" shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the city's Plumbing Code, underground between a FSE and its connection to the sewer system. These devices primarily use gravity to separate FOG from wastewater as it moves from one compartment to the next and must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner at regular intervals to be effective.

(q) "Grease trap" shall mean a GCD that is used to serve individual fixtures. Grease traps have limited effects and should only be used in those cases where use of a grease interceptor or other GCD is determined by the city to be impossible or impracticable.

(r) "Hearing officer" shall mean the city manager or such person as he/she shall designate to conduct hearings relating to FOG permit revocations/suspension or other orders issued under the authority of this chapter. Although the city manager may designate a city department director or other city official to be a hearing officer, in no event shall the hearing officer be the person who issued the notice setting forth the grounds for a revocation/suspension or other order, or who was directly involved in the investigation of the events leading up to the issuance of any such notice or order.

(s) "Infiltration" shall mean the water entering the public sewer system from the ground through defective pipes, pipe joints, connections, or manhole walls.

(t) "Inflow" shall mean the water that enters the public sewer system through a direct connection which may cause an almost immediate increase in wastewater flows.

(u) "Interference" shall mean any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the public sewer system.

(v) "Manifest" shall mean a form acceptable to the fog manager that provides proof of GCD service and disposal of recyclable or liquid wastes as required by the city.

(w) "New construction" shall mean any structure planned or under construction for which the sewer connection permits required by the city have not yet been issued.

(x) "Permittee" shall mean a FSE who has received a FOG permit from the city.

(y) "Person" shall mean any individual, partnership, firm, association or corporation including without limitation, FSE operators, permittees and other dischargers.

(z) "Sample point" means a location approved by the city, from which wastewater can be collected that is representative in content and consistency of the entire flow of wastewater being sampled.

(aa) "Sampling facilities" means structure(s) provided at the user's expense for the city or user to measure and record wastewater constituent mass, concentrations collect a representative sample, or provide access to plug or terminate the discharge.

(bb) "Sanitary sewer overflow" or "SSO" shall mean any overflow, spill, release, discharge or diversion of untreated or partially treated wastewater from a sanitary sewer system including:

(1) Overflows or releases of untreated or partially treated wastewater whether or not they reach waters of the United States; and

(2) Wastewater backups into buildings and on to private properties that are caused by blockages or flow conditions within the publicly owned portions of the sanitary sewer system and/or within any private sewers connected thereto.

(cc) "Waste hauler" shall mean any person or company carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.

(dd) "Wastewater constituents and characteristics" shall mean the individual chemical, physical, bacteriological, and other parameters, including volume and flow rate and such other parameters that serve to define, classify, or measure the quality and quantity of wastewater.

(Ord. No. 2363, § 4, 3-21-17)

(a) This chapter is applicable to each owner and operator of a FSE and any other person owning, managing, or controlling the property on which a FSE is located when such properties connect to the sewer system by a building sewer. The building sewer installed from and within the structure served by such building sewer, up to and including the point of connection to the city's sewer lateral, is the responsibility of the owner, occupant, or operator of the FSE and any other person owning, managing, or controlling the property. All such persons shall be responsible to keep and maintain their building sewers in good condition and repair and capable of delivering sewage to the city sewer system free from conditions that cause or contribute to overflows, including but not limited to dirt, rags, debris, root intrusions, FOG, and any other obstructions that block or have the potential to block the flow of wastewater into or within the public sewer system.

(b) This chapter is applicable to FSEs which have the potential to discharge FOG to the public sewer.

(c) Owners (and agents of owners) of single-parcel commercial properties with multiple tenants (e.g. shopping mall or strip mall) which include one or more FSEs are subject to the provisions of this chapter.

(Ord. No. 2363, § 4, 3-21-17)

No person or operator of a FSE shall discharge or cause to be discharged into the sewer system any wastewater containing FOG that may accumulate and/or cause or contribute to blockages in the city sewer system or at the building sewer which connects the FSE to the city sewer system. Prior to discharging any wastewater containing FOG into a public sewer, installation and use of an approved grease control device (GCD) shall be required.

(Ord. No. 2363, § 4, 3-21-17)

(a) All FSE operators shall obtain a FOG permit and shall be subject to all provisions of this chapter and all other FOG control program regulations, user charges, and/or fees which may be established by resolution of the city council. FOG permits shall include:

(1) The approved GCD type;

(2) GCD size;

(3) GCD service frequency;

(4) Permit expiration date; and

(5) Such other terms and conditions as the building official deems necessary to accomplish the purposes of this chapter.

(b) Except for a change in service frequency to the permitted GCD, any other change related to the FOG permit shall require the submittal of a new application and issuance of a new FOG permit.

(c) Permits non-transferable. Any substantially new or changed conditions of operation, such as changes in the FSE's ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by the FSEs in an amount that alone or collectively causes or creates a potential for SSOs to occur, shall require issuance of new FOG permit.

(d) Failure to obtain a FOG permit shall be a violation of this chapter.

(Ord. No. 2363, § 4, 3-21-17)

(a) Persons seeking a FOG permit shall complete and file with the building official an application on a form prescribed by the city, accompanied by any applicable fees. The application shall contain at least the following information:

(1) The name and address of the operator;

(2) The volume and type of wastewater to be discharged;

(3) The time of daily food preparation and cleaning operations;

(4) Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen;

(5) A list of kitchen appliances and fixtures to be used; and

(6) Any other information as may be deemed by the building official to be necessary to evaluate the permit application;

(b) In lieu of completing the application described in subsection (a), the applicant may show appropriate permits or documentation issued by the city's building division of the development department that confirm an appropriate GCD has been installed in the FSE in accordance with the applicable provisions of the city's Plumbing Code.

(c) After evaluation and acceptance of the data provided by the applicant, an on-site inspection of the FSE's wastewater discharge system, treatment systems, or other systems relating to waste discharge may be required. The building official may then issue a FOG permit subject to the terms and conditions provided in this chapter and this Code.

(Ord. No. 2363, § 4, 3-21-17)

(a) FSE permittees shall notify the FOG manager at least sixty days in advance of any facility expansion/remodeling, or process modifications that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. Permittees shall make such notification in writing and shall submit any information requested by the city for evaluation of the effect of such expansion on permittee's FOG discharge to the sewer system.

(b) Any expansion or improvement of the facility requires an application and plan review submittal with the appropriate fees prior to any changes in the facility. Upon plan approval, construction permits shall be obtained by the FSE operator from all applicable city departments and other public agencies.

(Ord. No. 2363, § 4, 3-21-17)

(a) The FOG permit shall be issued for a one-year period and shall be renewed annually.

(b) The terms and conditions of the permit are subject to modification by the FOG manager at any time during the life of the permit based on findings of non-compliance.

(c) The permittee shall be informed by the city of any proposed modifications in the FOG permit terms or conditions at least thirty days prior to the effective date of the change.

(d) Any changes or new conditions in the FOG permit shall include a reasonable time schedule for compliance.

(Ord. No. 2363, § 4, 3-21-17)

Each owner of a single-parcel commercial property with multiple tenants (e.g. shopping malls and strip malls) which includes one or more FSEs shall:

(a) Require that the GCDs serving each FSE within the property are operated and maintained in accordance with the requirements of this chapter and that the operator of each FSE has obtained a FOG permit;

(b) Properly inspect, clean, and maintain or cause to be inspected, cleaned, and maintained the private building sewers that connect tenants and the commercial property to the public sewer to reduce or eliminate the likelihood of sewer overflows from the property and/or the introduction of FOG into the public sewer; and

(c) Notify the city immediately as set forth in Section 10.03.280 of the chapter of any SSOs on private property that cannot be immediately stopped, contained, and prevented from entering the public street, gutters or storm drains. The city will report the private spill to the San Bernardino County Health Department and to the regional water quality control board as required by law.

(Ord. No. 2363, § 4, 3-21-17)

(a) All FSE operators shall implement BMPs in accordance with the requirements and guidelines established by the city under its FOG control program and this chapter in their operations to minimize the discharge of FOG to the sewer system. General requirements for BMPs are set forth below and more detailed requirements may be specified within the FOG permit.

(b) All operators shall be required, at a minimum, to comply with the following BMPs, 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 and all manifests and paperwork shall be made available by the FSE for inspection by the city.

(3) Disposal of food waste. All food waste shall be disposed of directly into the trash or garbage, and not into sinks. Double-bagging food wastes that have the potential to leak in trash bins is highly recommended.

(c) The FOG manager may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG control program and this chapter.

Employee training. At the time of hiring and at least annually thereafter, or as specified in the FOG permit, the FSE shall train its employees on the following subjects:

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

(2) 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.

(3) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled.

(4) How to properly dispose of FOG from cooking equipment into a grease receptacle such as a barrel or drum without spilling/splashing.

(5) Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any reasonable time by the FOG manager or authorized enforcement officer.

(6) Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed of properly.

(7) Kitchen signage. BMPs and waste minimization practices shall be displayed on signs posted conspicuously in the food preparation and dish washing areas at all times.

(Ord. No. 2363, § 4, 3-21-17)

(a) The FOG manager may inspect or order the inspection and sampling of all parts of the FSE's wastewater generating and disposal facilities for the purposes of ascertaining whether the intent of this chapter is being met and the permittee is complying with all FOG permit and other requirements. Inspection and sampling shall be completed during normal business hours. No person shall interfere with, delay, resist or refuse entrance to the FOG manager or authorized enforcement officers attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city sewer system and compliance with the FOG permit. Inspection shall include assessment of the GCDs, review of manifests, related FOG service receipts and invoices, and other records relating to the cleaning, maintenance and inspection of said GCDs.

(b) In the event of an emergency involving an actual or imminent SSO, authorized enforcement officers may access adjoining businesses or properties which share a wastewater system with a FSE in order to prevent or remediate an actual or imminent SSO.

(c) The FOG manager shall have the right to place or order the placement on the FSE's property or other locations as determined by the FOG manager, such devices as are necessary to conduct sampling or metering operations. Where a FSE has security measures in force, the permittee shall make necessary arrangements so that authorized enforcement officers shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

(Ord. No. 2363, § 4, 3-21-17)

(a) Inspection procedures. Inspection of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG Manager and shall include but not limited to BMPs, the 25% rule for grease interceptors, maintenance frequency requirements for GCDs, FOG permit discharge conditions, or any discharge provisions of this chapter.

(b) Sampling procedures. Sampling of the wastewater discharge of FSEs shall be conducted in the time, place, manner and frequency determined at the sole discretion of the FOG manager. Non-compliance with FOG permit discharge conditions, or any discharge provision of this chapter may be determined by an analysis of a grab or composite sample of the FSE's effluent. Any sample taken from a sample point is considered to be representative of the FSE's discharge to the public sewer.

(c) Specialty FOG compliance charge. Any permittee determined to be in non-compliance with the terms and conditions specified in its FOG permit and/or any provision of this chapter shall pay specialty FOG compliance charges in addition to any other FOG related charges required by this chapter. The purpose of these charges are to compensate the city for the costs of additional inspection and follow-up, sampling, monitoring, laboratory analysis, treatment, disposal, and administrative processing incurred as a result of the permittee's non-compliance, and shall be in addition to and not in lieu of any penalties or fines as may be assessed under other provisions of this chapter. Specialty FOG compliance charges shall be only those amounts necessary to cover the actual costs incurred by the city to obtain permittee compliance with this chapter.

(Ord. No. 2363, § 4, 3-21-17)

(a) The city may require FSEs to construct and maintain in proper operating condition at the FSE's sole expense, flow monitoring, monitoring of wastewater constituents and characteristics and/or sampling facilities.

(b) The location of the monitoring or metering facilities shall be subject to approval by the FOG manager. FSEs may be required to provide immediate, clear, safe and uninterrupted access to the FOG manager or inspectors to the FSE's monitoring and metering facilities.

(c) FSEs may also be required by the FOG manager to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the GCD and compliance with this chapter.

(d) The FOG manager may require visual monitoring/inspection using CCTV at the sole expense of the permittee to observe the actual conditions of the FSE's building sewer and private wastewater system downstream.

(e) The FOG manager may require a permittee to prepare reports for self-monitoring of FOG wastewater constituents and characteristics to determine compliance with any conditions or requirements specified in the FOG permit. Monitoring reports of the analyses of FOG wastewater constituents and characteristics shall be prepared in the manner and form approved by the FOG manager and upon his/her request shall be submitted by permittee to the city. A permittee's failure to perform any required monitoring, or to submit monitoring reports as required by the FOG manager constitutes a violation of this chapter and shall be cause for the city to initiate all necessary tasks and analyses to determine if the FOG wastewater constituents and characteristics is in compliance with any conditions and requirements specified in the FOG permit or this chapter. Permittees shall be responsible for any and all expenses of the city in undertaking such monitoring analyses and preparation of reports.

(f) Failure to accurately maintain FOG control monitoring reports, GCD service manifests with the appropriate information, any of the records listed in Section 10.03.170(c) for the appropriate time period, and/or failure to make such records available to the city upon request are considered violations of the FOG permit.

(Ord. No. 2363, § 4, 3-21-17)

(a) All FSEs shall provide a GCD acceptable to the city under the requirements and standards established herein before discharging to any public sewer. Any FSE required to utilize a FOG GCD shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to maintain compliance with the objectives of this chapter.

(b) Grease interceptor sizing and installation shall conform to the city's Plumbing Code. Interceptors shall be constructed in accordance with the design approved by the building official and shall have a minimum of two compartments with fittings designed for FOG retention.

(c) 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 FOG.

(d) Access manholes, with a minimum diameter of twenty inches, shall be provided over each interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent non-wastewater inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, FOG removal, and wastewater sampling activities.

(Ord. No. 2363, § 4, 3-21-17)

(a) FSEs may be required to install grease traps in the waste line leading from drains, sinks, and other fixtures or equipment where FOG may be introduced into the sewer system in quantities that can cause blockage.

(b) Sizing and installation of grease traps shall conform to the city's Plumbing Code.

(c) Grease traps shall be maintained in efficient operating conditions by removing accumulated FOG in accordance with the established maintenance frequency established by the FOG manager.

(d) Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process.

(e) Grease traps shall be inspected periodically by the permittee and at least annually by the FOG manager or an authorized enforcement officer to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device.

(f) Grease traps and their baffles shall be maintained free of all caked-on FOG waste. Removable baffles shall be removed and cleaned during the maintenance process.

(Ord. No. 2363, § 4, 3-21-17)

(a) All permittees shall be required to show proof of installation of appropriate GCDs. GCDs shall be maintained in efficient operating condition by periodic removal of the accumulated FOG. Each permittee shall be responsible for the proper removal and disposal by appropriate means of the captured FOG material. No such accumulated FOG shall be introduced into any building sewer or public sewer.

(b) Each permittee shall be required to contract with a licensed waste hauler for periodic collection of accumulated FOG from the GCDs for the purposes of physically segregating and disposing of FOG. The collection maintenance period shall be as determined appropriate by the FOG manager and/or specified in the FOG permit. The FOG manager shall assign each FSE one of the following collection/maintenance frequencies: thirty days, sixty days, ninety days, one hundred twenty days, or one hundred eighty days and may increase or decrease the service frequency of the GCD as deemed necessary to maintain the GCD designed efficiency.

(c) All existing and newly installed grease interceptors and grease traps shall be maintained in a manner consistent with a maintenance frequency approved by the FOG manager pursuant to this section.

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

(e) At any time, FSEs with GCDs may be required to submit data and information necessary to establish the maintenance frequency of the GCD.

(f) The maintenance frequency for all FSEs with grease interceptors shall be determined as follows:

(1) Grease interceptors shall be fully pumped out and cleaned (maintained) 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 ("25% Rule"). The 25% Rule ensures that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG from wastewater discharged to the sewer system.

(2) Unless another frequency has been specified by the FOG manager or in the FOG permit, all FSEs with grease interceptors shall ensure they are maintained not less than once every ninety days.

(3) The maintenance frequency shall be adjusted when sufficient data has been obtained to establish an average frequency based on the requirements described in Subsection 10.03.160(f)(1) and other guidelines adopted pursuant to the FOG control program. The city 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 FSE, the maintenance frequency may increase or decrease accordingly.

(4) The owner/operator of a FSE may submit a written request to the FOG manager seeking a change in the maintenance frequency at any time. The FSE is responsible for the burden of demonstrating that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time, meets the requirements described in Section 10.03.160(f)(1), and is in full compliance with the conditions of its FOG permit and this chapter. Upon a determination by the FOG manager that the requested revision is justified, the FOG permit shall be revised accordingly to reflect the change in maintenance frequency.

(5) If at any time the grease interceptor contains FOG and solids accumulation that does not meet the requirements described in Section 10.03.160(f)(1), the FSE shall be required to have the Interceptor serviced immediately such that all FOG, sludge, and other materials are completely removed. If deemed necessary, the FOG manager may also increase the interceptor maintenance frequency from the current frequency. Notice of any change to the maintenance frequency shall be given in writing to permittee by the FOG manager.

(6) Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials removed from grease interceptors shall be properly disposed of off-site by waste haulers in accordance with federal, state and/or local laws.

(g) The maintenance frequency for all FSEs with grease traps shall be determined as follows:

(1) The maintenance frequency for grease trap shall be established by the FOG manager, but at a minimum, grease traps shall be serviced every thirty days. The FOG manager may reduce or increase the service frequency based on the actual generation of FOG by the FSE and establish a new service frequency in accordance with Section 10.03.160(b).

(2) The owner/operator of a FSE may submit a written request to the FOG manager seeking a change in the maintenance frequency at any time after the initial servicing frequency period established for a newly-permitted FSE has expired. The FSE is responsible for the burden of demonstrating that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time, meets the requirements described in Section 10.03.160(f)(1), and is in full compliance with the conditions of its FOG permit and this chapter. Upon a determination by the FOG manager that the requested revision is justified, the FOG permit shall be revised accordingly to reflect the change in maintenance frequency.

(3) If at any time the grease trap contains FOG or solids accumulation that exceeds the capacity of the grease trap, the FSE shall be required to have the grease trap serviced immediately such that all FOG, sludge, and other materials are completely removed. If deemed necessary, the FOG Manager may increase the grease trap maintenance frequency from the current frequency. Notice of any change to the maintenance frequency shall be given to permittee in the form of a written notice from the FOG manager.

(4) FSEs on thirty-day grease trap servicing frequency schedules requiring more frequent servicing shall submit plans to the city's building division for the installation and use of a grease interceptor. Exceptions may be granted if there is inadequate space for the installation of a grease interceptor or there is inadequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor.

(Ord. No. 2363, § 4, 3-21-17)

(a) Permittees shall be required to maintain all records of GCD cleaning and maintenance performed by licensed waste haulers on the premises of the FSE. Such records shall be in the form of a service manifest as may be required by the FOG manager in accordance with the conditions imposed by the FOG permit.

(b) Each permittee shall be responsible to provide copies of all service manifests directly to the FOG manager not later than seventy-two hours after GCDs are serviced. Waste haulers servicing GCDs may submit manifest copies on the permittee's behalf, however, failure of a permittee's waste hauler to timely submit manifests shall not relieve the permittee its responsibility to ensure that copies of service manifests are timely received by the FOG manager.

(c) Record keeping requirements. Permittees shall be required to keep all paper or electronic manifests; receipts and invoices of all cleaning, maintenance and FOG removal of/from GCDs; and records of waste haulers and disposal site location(s) for no less than two years. Upon request, permittees shall make manifests, receipts, invoices and all of the following available to any authorized enforcement officer upon request:

(1) A record of GCD cleaning and maintenance practices;

(2) A record of BMPs being implemented and employee training;

(3) Copies of records and manifests of interceptor contents removed by waste haulers;

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

(5) Records of any spills and/or cleaning by the FSE (or its contractors) of the FSE's building sewer or private wastewater system; and

(6) Any other information deemed appropriate by the FOG manager to ensure compliance with this chapter and the fog control program.

(Ord. No. 2363, § 4, 3-21-17)

(a) Upon determination that a permittee is in non-compliance with the terms and conditions specified in its FOG permit or any provision of this chapter, or needs to construct and/or acquire and install a GCD, the FOG manager may require the permittee to enter into a compliance schedule agreement (CSA) with the city. The issuance of a CSA may contain terms and conditions including but not limited to requirements for audit of waste hauling records, implementation of BMPs and waste minimization practices, payment of fees, or other requirements to ensure compliance.

(b) The FOG manager shall not enter into a CSA until such time as the FOG permittee has fully paid (or made satisfactory arrangements with the city to fully pay) all amounts it may owe to the city, including user fees, non-compliance sampling fees or other amounts.

(c) If compliance is not achieved in accordance with the terms and conditions of a CSA during its term, the FOG manager may recommend an order suspending or revoking the FOG permit pursuant to Section 10.03.320 of this chapter or pursue other appropriate enforcement mechanisms.

(Ord. No. 2363, § 4, 3-21-17)

(a) SSOs can cause significant injury to the public health, safety, and welfare; threaten life and property; and/or cause detrimental impacts to the public sewer system and are hereby declared public nuisances. FSE operators found to have contributed to a sewer blockage, SSO, or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG shall be subject the enforcement mechanisms and penalties specified in Sections 10.03.290 through 10.03.390 of this chapter and may further be required to:

(1) Immediately utilize a professional and licensed clean-up service contractor or similar qualified environmental clean-up service to abate all wastewater and solid waste that is deemed by the FOG manager or authorized enforcement officer to be a public nuisance.

(2) Pass a clearance inspection of the FSE conducted by the FOG manager or other authorized enforcement officer to verify the SSO has been abated and the FSE has complied with all provisions set forth in the FOG permit and this chapter; and

(3) Reimburse the city for all expenses associated with the investigation and abatement action taken by the city or its contractors related to the SSO caused by the FSE.

(b) Furthermore, building and lateral sewer failures and SSOs caused by FSEs alone or collectively, are the responsibility of the FSE operator. If the city must act immediately to contain and/or clean up an SSO caused by blockage of a building sewer or private wastewater system of a FSE, or at the request of the FSE operator, or because of the failure of FSE operator to abate the condition causing immediate threat of injury to the health, safety, welfare, or property of the public, the city's costs for such abatement may be entirely borne by the FSE operator, and in such case shall constitute a debt to the city due and payable upon the city's request for reimbursement of such costs.

(Ord. No. 2363, § 4, 3-21-17)

It shall be unlawful for any person to make any false statement, representation, record, report, plan or other document that is filed with the city, or to tamper with or knowingly render inoperable any GCD, monitoring device or method or access point required under this chapter.

(Ord. No. 2363, § 4, 3-21-17)

No person shall install food grinders in the plumbing system of any FSE new construction. All existing food grinders shall be removed from FSEs within one hundred eighty days of the date the ordinance initially establishing this section becomes effective. Failure to remove an existing food grinder or installation of a new or used food grinder at a permitted or unpermitted FSE is a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

Introduction of any additives into a FSE's wastewater system for the purpose of emulsifying or biologically/chemically treating FOG for grease remediation or as a supplement to interceptor maintenance without specific written authorization is prohibited and a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

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. Disposal of waste cooking oil into drainage pipes is prohibited and a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

(a) Discharging wastewater from dishwashers into any GCD is prohibited and a violation of this Code.

(b) Discharging wastewater with temperatures in excess of one hundred and forty degrees Fahrenheit into any GCD is prohibited and a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

Discharging waste from toilets, urinals, wash basins, and other fixtures containing fecal materials into sewer lines intended for grease interceptor service is prohibited and a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors.

(a) Discharging any waste, including FOG and solid materials removed from GCDs into the sewer system is prohibited and a violation of this Code.

(Ord. No. 2363, § 4, 3-21-17)

Increasing the amount of water or taking any other action to attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with the terms and conditions of a FOG permit or the provisions of this chapter, is prohibited and shall constitute a violation of this chapter.

(Ord. No. 2363, § 4, 3-21-17)

(a) In the event a permittee is unable to comply with any FOG permit condition due to a breakdown of equipment, accidents, human error, or the permittee has reasonable opportunity to know that its discharge will exceed the discharge provisions of the FOG permit, the permittee shall immediately notify the city's development department — code enforcement division by telephone. If the material discharged to the sewer system has the potential to cause or result in sewer blockages or SSOs, the permittee shall also immediately notify the city's public works department - sanitary division by telephone, or in person at City Hall if such discharge is occurring during City Hall business hours, or the city's fire/police departments for discharges occurring when the city is closed.

(b) Confirmation of this notification shall be made in writing to the FOG manager at the address specified in the FOG 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 by the FSE and the city to immediately correct the problem, and what steps are being taken by the FSE and the city 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 chapter or applicable law.

(Ord. No. 2363, § 4, 3-21-17)

(a) Any person violating any of the provisions of or failing to comply with any of the requirements of this chapter, a FOG permit issued thereunder or the FOG control program shall be guilty of an infraction or misdemeanor in accordance with Section 1.04.010 of this Code and subject to the penalty provisions set forth therein. Criminal citations may be issued by any authorized enforcement officer.

(b) Any person violating the provisions of this chapter, a FOG Permit issued thereunder, or the FOG control program may be issued an administrative citation by an authorized enforcement officer in accordance with Section 10.03.310 of this chapter and Chapter 1.05 of this Code.

(c) Any person violating the provisions of this chapter, a permit issued thereunder or the FOG control program may further be subject to any of the enforcement mechanisms and other remedies and penalty provisions as specified in Sections 10.03.300 through 10.03.390 of this chapter.

(d) Each and every day such condition or violation continues shall be regarded as a new and separate offense.

(e) In addition to any other remedy specified in this chapter, or otherwise provided at law or in equity, any provision of this chapter may be enforced by injunction issued by the courts upon a civil suit brought by the city.

(Ord. No. 2363, § 4, 3-21-17)

(a) In order for the city to comply with the laws, regulations, and rules imposed upon it by regulatory agencies and to ensure that the public sewer system is protected and is able to operate with the highest degree of efficiency, and to protect the public health and environment; the city council finds that specific enforcement provisions are needed to govern FSE's discharges to the public sewer. The following sections are designed to provide adequate enforcement mechanisms to achieve a maximum degree of compliance with this chapter by all FSE operators and FOG permittees. In its discretion, but subject to the provisions of this chapter, the city may implement the use of any such enforcement mechanisms or the concurrent use of several mechanisms to enforce the provisions of this chapter and/or any FOG permit issued hereunder. The enforcement mechanisms provided in this chapter may be cumulative with respect to other enforcement mechanisms or civil and criminal penalties as may be otherwise available under state or federal laws.

(b) Nothing in this chapter is intended to prevent state and/or federal regulatory agencies from undertaking enforcement actions as may otherwise be available due to a violation of this chapter which also constitutes a violation of federal or state statutes and regulations, such as: (1) the Clean Water Act (33 USC Section 1251 et seq.); (2) the California Porter-Cologne Water Quality Act (California Water Code Section 13000 et seq.); (3) the California Hazardous Waste Control Law (California Health and Safety Code Sections 25100 through 25250); (4) the Resource Conservation and Recovery Act (42 USC Section 6901 et seq.); and (5) California Government Code (Government Code) Sections 54739 through 54740.6. The referenced state and federal laws, along with other pertinent laws, provide authority for the city's enforcement mechanisms.

(Ord. No. 2363, § 4, 3-21-17)

To address minor violations of this chapter or a FOG permit, and as deemed appropriate by the FOG manager or other authorized enforcement officers, administrative citations may be issued and civil penalties assessed in accordance with the provisions of Chapter 1.05 of this Code. Penalties assessed using the administrative citation procedures referenced in this section are an enforcement mechanism separate and distinct from the administrative complaint and administrative civil penalties procedure set forth in Section 10.03.360 of this chapter, to which different procedures and penalties apply.

(Ord. No. 2363, § 4, 3-21-17)

(a) Determination of revocation or suspension. The building official, upon the recommendation of the FOG manager or an authorized enforcement officer, may revoke or suspend any FOG permit when he determines that a permittee has:

(1) Failed to comply with the terms and conditions of a CSA;

(2) Knowingly provided a false statement, representation, record, report, or other document to the city;

(3) Refused to provide records, reports, plans, or other documents required by the city to determine permit terms or conditions, discharge compliance, or compliance with this chapter;

(4) Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method;

(5) Refused reasonable access to permittee's premises for inspection and monitoring purposes;

(6) Not made timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed pursuant to this chapter;

(7) Caused interference, sewer blockages, or SSOs with the public sewer system; or

(8) Violated GCD maintenance requirements, any condition or limit of its FOG permit or any provision of this chapter.

(b) Permit revocation/suspension process. When the building official makes one or more of the determinations listed in Section 10.03.320(a) and therefore has reason to believe that grounds exist for revocation or suspension of a FOG permit, he/she shall proceed as follows:

(1) Notice. The building official shall give written notice of the proposed revocation or suspension by certified mail to the permittee setting forth a statement of the facts and grounds for revocation or suspension deemed to exist, together with the time and place where the charges shall be heard by a hearing officer. The hearing date set forth in the written notice shall be not less than fifteen calendar days and no more than forty-five calendar days after the mailing of such notice.

(2) Hearing. At the revocation or suspension hearing, the permittee shall have an opportunity to respond to the allegations set forth in the notice by presenting written or oral evidence. The hearing officer shall not be bound by the formal rules of evidence but may receive all evidence which is relevant to the charge stated in the notice. The permittee is entitled to be heard and may be represented by counsel. The hearing officer may continue the hearing from time to time but no more than a total of sixty days. Additional written procedures for conduct of such hearings may be established by the city manager and approved by the city attorney, which procedures shall be provided to the permittee together with notice of the revocation hearing. Should the hearing officer determine not to revoke the permit, he/she may order other enforcement actions, including, but not limited to, a temporary suspension of the FOG permit under terms and conditions that he/she deems appropriate under the facts and circumstances and which further the purposes of this chapter. Such other enforcement actions or the terms and conditions of any temporary suspension order shall be specified in the written decision of the hearing officer.

(3) Written decision and order. The hearing officer shall make his/her determination and should he/she find that grounds exist for revocation or temporary suspension of the permit, he/she shall issue his/her decision and order in writing within thirty calendar days after the conclusion of the hearing. The written decision and order of a hearing officer shall be sent by certified mail to the permittee or its legal counsel/representative at the permittee's business address.

(4) Effect. Upon an order of revocation or temporary suspension issued by the hearing officer becoming final, 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 public sewer system for the term of the temporary suspension, or in the event of a revocation, until such time as a new FOG permit is applied for and approved by the city. Nothing in this section shall be construed as requiring the city to re-issue a FOG permit following an order of revocation. Any owner or responsible management employee of the permittee shall be bound by the order of suspension or revocation and all costs for physically terminating and reinstating sewer service shall be borne by the permittee. Any future application for a FOG permit at any location within the city made by any person associated with an order of revocation will be considered by the city after fully reviewing the records of the revoked permit, which records may be the basis for denial of a new FOG permit.

(5) Appeal. Any decision and written order issued by the hearing officer under this section shall become final in all respects unless within ten calendar days of the date the hearing officer issues his/her written decision or determination, the permittee files a written appeal to the city council. The procedures set forth in Section 13.15.290(c) of Chapter 13 this Code shall apply to such city council appeals, and the decision of the city council following such appeal hearing shall be final and conclusive, but may be subject to judicial review.

(Ord. No. 2363, § 4, 3-21-17)

(a) By order of the building official, any authorized enforcement officer may immediately suspend or terminate sewer service on an emergency basis when building official determines (upon his own investigation/information or such investigation/information provided to him by the FOG manager or the city engineer) that such suspension is necessary in order to stop an actual or impending non-permitted discharge or SSO 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 sewer system, or may cause the city to violate any state or federal law or regulation. Any person notified of an emergency suspension order (ESO) shall immediately cease and desist the discharge of all non-permitted wastewater or wastewater containing FOG to the public sewer.

(b) In the event any FSE, permittee or discharger fails to comply voluntarily with the ESO, the building official shall take such steps as he/she deems necessary, including immediate severance of the sewer connection or water service to the property or premises prevent or minimize damage to the environment, the public health and welfare, the city sewer system and/or any other sewer facilities.

(c) As soon as reasonably practicable following the issuance of an ESO, but in no event more than five business days following the issuance of such order, a hearing officer shall hold a hearing to provide the FSE, permittee or discharger the opportunity to present information in opposition to the issuance of the ESO. Such a hearing shall not stay the effect of the ESO. The hearing shall be conducted in accordance with procedures established by the city manager and approved by the city attorney. The hearing officer shall issue a written decision and order within two business days following the hearing, which decision shall be sent by certified mail to FSE, permittee or discharger or its legal counsel/representative at such FSE, permittee or discharger's business address. The decision of the hearing officer following the hearing shall be final and not appealable to the city council, but may be subject to judicial review.

(Ord. No. 2363, § 4, 3-21-17)

(a) Any person violating any of the provisions of this chapter or who discharges FOG or other wastes in violation of any conditions of its permit, and whose discharge causes or contributes to any blockage or obstruction of the city's sewer system, damage to public or private property, or any other impairment of the operation of the public sewer facilities, shall be liable for all costs required to clean or repair the facilities, together with any expenses incurred by the city to resume normal operations. The total amount shall be payable by the violator within forty-five days of invoicing by the city. Such costs are payable in addition to any other applicable penalties provided by this chapter.

(b) Any person or FSE operator who discharges a waste which can be shown to have caused or significantly contributed to the city violating its waste discharge requirements and/or incurring additional expenses or suffering losses or damage to the city sewer system or any sewer facilities, including those owned, operated or regulated by the Victorville Water District, the VVWRA or other regulatory agencies, shall be liable for any costs or expenses incurred by the city, including but limited to, regulatory fines, penalties, and assessments imposed on the city by other agencies or a court.

(Ord. No. 2363, § 4, 3-21-17)

(a) The FOG manager or authorized enforcement officer, by order of the building official, may physically terminate sewer service to any property as follows:

(1) On a term of any order of suspension or revocation of a FOG permit; or

(2) Upon the failure of a FSE operator (or other discharger) not holding a valid FOG permit (or any other wastewater discharge permit as may be required under the provisions of Chapter 10.02) to immediately cease the FOG or other non-permitted discharge, whether direct or indirect, to the city's sewer system after the giving of notice and completion of any process pursuant to Section 10.03.320(b) of this chapter.

(b) All costs for physical termination shall be paid by the permittee, FSE operator or other discharger as well as all costs for reinstating service.

(Ord. No. 2363, § 4, 3-21-17)

(a) Under the authority of Government Code Sections 54739, 54740.5 and 54740.6 the city may issue an administrative complaint to any Person who has violated any provision of this chapter; any permit condition, prohibition, or effluent limit; or any suspension, revocation or other order issued hereunder.

(b) The administrative complaint shall be served by personal delivery or certified mail on the person subject to the city's discharge requirements and will advise the person served that the city will conduct a hearing within sixty days following service. The administrative complaint will allege the act or failure to act that constitutes the violation(s), set forth the provisions of law authorizing civil liability to be imposed and the proposed administrative civil penalty.

(c) The hearing shall be conducted by a hearing officer. At the hearing, the person served shall have an opportunity to respond to the allegations set forth in the administrative complaint by presenting written or oral evidence. The hearing shall be conducted in accordance with procedures to be established by the city manager and approved by the city attorney. Persons to whom administrative complaints have been issued may waive the right to a hearing, in which case a hearing shall not be conducted. Any person dissatisfied with the decision of the hearing officer may appeal such decision to the city council by filing written notice with the city clerk specifying the grounds for such appeal within thirty days of notice of the hearing officer's decision.

(d) If after the hearing, or appeal, if any, it is found that the person violated reporting or discharge requirements, the hearing officer (or the city council in the event of an appeal), may assess an administrative civil penalty against that person. In determining the amount of the administrative civil penalty, the hearing officer (or the city council in the event of an appeal) may take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the economic benefit derived through any non-compliance, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, attempted or taken by the person. Administrative civil penalties may be imposed as follows:

(1) An amount not to exceed two thousand dollars per day for failing or refusing to furnish technical or monitoring reports;

(2) An amount not to exceed three thousand dollars per day for failing or refusing to comply in a timely fashion with any compliance schedule established by the city;

(3) An amount not to exceed five thousand dollars per day of violation for discharges in violation of any waste discharge limitation, permit condition or requirement issued by the city; and

(4) An amount not to exceed ten dollars per gallon for discharges in violation of any suspension, cease and desist order or other orders, or prohibition issued, reissued or adopted by the city.

(e) All monies collected under this section shall be deposited in a special account of the city and used for the purposes specified in Government Code Section 54740.5.

(f) Unless appealed, orders issuing administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made to the city within thirty days. Copies of these orders shall be served by personal service or registered mail upon the person served with the administrative complaint and upon any other persons who appeared at the hearing and requested a copy.

(g) The city may elect to petition the Superior Court to confirm any order assessing administrative civil penalties and enter judgment as set forth Government Code Section 54750.

(h) Any person aggrieved by a final order issued: (1) by the city council imposing administrative civil penalties following an appeal; or (2) or by the hearing officer for which the city council denies review, may obtain review such orders in the Superior Court as set forth in Government Code section 54740.6.

(i) The amount of any civil penalties imposed under this section which have remained delinquent for a period of sixty days shall constitute a lien against the real property of the discharger from which the violation occurred resulting in imposition of the penalty. The city shall cause the amount of uncollected penalties to be recorded with the county recorder in accordance with Government Code Section 54740.5.

(j) No administrative civil penalties shall be recoverable under this section for any violation for which the city has recovered judicial civil penalties through a proceeding filed pursuant to Government Code Section 54740 (Section 10.03.370 of this Chapter).

(Ord. No. 2363, § 4, 3-21-17)

Any person who intentionally or negligently violates any provision of this chapter or any provision of any permit issued thereunder shall be civilly liable to the city in a sum of not to exceed twenty-five thousand dollars per day for each day in which such violation occurs. The city may petition the Superior Court pursuant to Government Code Section 54740 to impose, assess, and recover such sums. No judicial civil penalties shall be recoverable under this section for any violation for which the city has recovered administrative civil penalties under Government Code Section 54740.5 (Section 10.03.360 of this chapter).

(Ord. No. 2363, § 4, 3-21-17)

Whenever a discharge of wastewater is in violation of the provisions of this chapter, the city may petition the Superior Court for issuance of a preliminary of permanent injunction, or both, as may be appropriate in restraining the continuance of such discharge.

(Ord. No. 2363, § 4, 3-21-17)

(a) Except as otherwise provided in this chapter, all fees, charges and penalties established by this chapter are due and payable upon receipt of notice thereof. All such amounts are delinquent if unpaid forty-five days after date of such notice.

(b) After the delinquency date, any unpaid amounts shall constitute a debt to the city, collectible in accordance with the city's procedures for collection of delinquent obligations owed to the city, or any such methods as may be allowable by law.

(Ord. No. 2363, § 4, 3-21-17)

Except where specific appeal provisions or procedures are specified in this chapter (or are provided for in any section or chapter of the Code referenced herein), any FSE operator, permittee, discharger or other person adversely affected by a final administrative decision, action, determination or order made or issued by the building official or the FOG manager may appeal such decision to the city's planning commission in accordance with the administrative decision provisions of Chapter 2, Article 2 (commencing with Section 16-2.02.010) of Title 16 of this Code. The Planning Commission decision is appealable to the City Council in accordance with Chapter 2, Article 2 (commencing with Section 16-2.02.040) of Title 16 of this Code.

(Ord. No. 2363, § 4, 3-21-17)