West Covina Municipal Code § 23-82 Grease interceptor requirements

Footnotes:

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Editor's note— Ord. No. 2236, § 1, adopted Oct. 2, 2012, repealed Div. 3, §§ 23-71—23-89, in its entirety and enacted new provisions to read as herein set out. Prior to this amendment, Div. 3 pertained to "Sand and Grease Interceptors." See Code Comparative Table for derivation.

The intent of this division is to:

(a) Reduce sewer system overflow incidents by: (1) developing and implementing a preventative maintenance program to assure optimum functioning of the sewer system; (2) prevent illicit discharges and obstructions to the sewer system associated with food serving and other establishments; and (3) require the proper design and construction of sewers and connections from such establishments; and

(b) Protect the environment by minimizing the release of pathogens contained in sewer discharges to receiving waters such as the San Gabriel River, on which persons depend for a variety of beneficial uses including, but not limited to, recreation and groundwater recharge.

(Ord. No. 2236, § 1, 10-2-12)

The following are definitions of terms used in this division:

(a) Best management practices shall mean schedules of activities, prohibitions of practices, maintenance procedures and other management practices to: (1) prevent or reduce the introduction of fats, oils, and grease to the sewer facilities; and (2) to prevent and reduce sewer system overflows to municipal storm drain system and receiving waters through preventative maintenance.

(b) Discharger shall mean any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer (discharger shall mean the same as user).

(c) Establishment shall mean commercial or industrial facilities, as well as food service establishments that discharge fats, oil, and grease.

(d) FOG shall mean fats, oils and grease. Any substance such as a vegetable or animal product that is used in, or is a by product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other condition is included in this definition.

(e) Food service establishments shall mean those establishments primarily engaged in activities of preparing, serving, or otherwise making available for consumption by individuals including but not limited to a restaurant, commercial kitchen, caterer, hotel, school, hospital, prison, correctional facility, or care institution. Such establishments use one (1) or more of the following preparation activities: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie broiling (all methods), boiling, blanching, roasting, toasting, or poaching.

(f) Food grinder shall mean any device installed in the plumbing for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the public sewer (also means a garbage disposal).

(g) Grease control device shall mean any grease interceptor, grease trap or other approved mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the public sewer.

(h) Grease interceptor shall mean a multi-compartment device that is constructed in different sizes and is generally required to be located, according to the current edition of the California Plumbing Code, underground between any establishment, including food service establishments that generate FOG, and the connection to the public sewer.

(i) Grease trap shall mean a grease interceptor that is designed to retain grease from one (1) to a maximum number of fixtures allowed under the California Plumbing Code.

(j) Infiltration shall mean water entering a public sewer including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls.

(k) Inflow shall mean water entering a sewer system through a direct storm water runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.

(l) Manifest shall mean any document, which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the city.

(m) New construction shall mean any structure planned or under construction, for which a sewer connections permit has not been issued.

(n) Person shall mean any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America.

(o) Sample point shall mean 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.

(p) Sampling facilities shall mean 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.

(q) Public sewer shall mean any facility used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge. This definition includes, but is not limited to, any property belonging to the city used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or sludge.

(r) Sewer lateral shall mean a building sewer that is the wastewater connection between the building's wastewater facilities and a public sewer.

(s) Sludge shall mean any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment establishment.

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

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

(Ord. No. 2236, § 1, 10-2-12)

No food service establishment shall discharge or cause to be discharged into the public sewer wherein fats, oil, grease accumulates and/or causes or contributes to blockages in the public sewer or at the sewer lateral, which connects the food establishment to the public sewer.

(Ord. No. 2236, § 1, 10-2-12)

The following prohibitions shall apply to food service establishments that generate FOG:

(1) The use of food grinders in the plumbing system of new construction or existing food service establishments is generally not prohibited but may be prohibited later if the establishment causes or contributes to a public sewer overflow as determined by the director of public works or his/her designee.

(2) Employees shall not pour, dispose, or place any food product, prepared or unprepared, containing FOG materials into a sink or other device equipped with a food grinder.

(3) Introduction of any additives into any establishment's wastewater system for the purpose of emulsifying fog is prohibited unless approved by the director of public works or his/her designee.

(4) 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.

(5) Discharge of wastewater from dishwashers to any grease trap or grease interceptor is prohibited.

(6) Discharge of wastewater with temperatures in excess of one hundred forty degrees (140°F) to any grease control device, including grease traps and grease interceptors, is prohibited.

(7) The use of biological additives for grease remediation or as a supplement to interceptor maintenance is prohibited, unless written approval from the director of public works or his/her designee is obtained.

(8) Discharge of wastes from toilets, urinals, washbasins, and other fixtures containing fecal materials to public sewer lines intended for grease interceptor service, or vice versa, is prohibited.

(9) Discharge into the public sewer of any waste which has FOG as well as solid materials removed from the grease control device is prohibited. Grease removed from grease interceptors shall be waste-hauled periodically as part of the operation and maintenance requirements for grease interceptors. Licensed waste haulers or an approved recycling facility must be used to dispose of FOG, including waste cooking oil.

(Ord. No. 2236, § 1, 10-2-12)

All new food service establishments are required to install, operate and maintain an approved type of and adequately sized grease interceptor or equivalent control approved by the director of public works or his/her designee as deemed necessary to maintain compliance with the objectives of this division.

(Ord. No. 2236, § 1, 10-2-12)

Any existing or new industrial or commercial facility, except food service establishments, that discharges FOG materials that has the potential to cause blockages to the public sewer shall be required, at the discretion of the director of public works or his/her designee, to obtain an industrial waste discharge permit from the Sanitation District of Los Angeles County, but such industrial or commercial facility shall not be required to pay to a monthly FOG wastewater fee or a FOG control fee surcharge, unless such facility fails to install a clarifier or other device that prevents the discharge of fat, oil, grease to the public sewer.

(Ord. No. 2236, § 1, 10-2-12)

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

(Ord. No. 2236, § 1, 10-2-12)

(a) This section shall be interpreted to require an approved grease interceptor for construction of all new food service establishments as defined in section 23-72 item "(e)".

(b) This section shall be interpreted to require an approved grease interceptor when an existing food service establishment is remodeling or undergoing a change in operations that meets any of the following criteria:

(1) Remodeling where the cost of construction exceeds fifty (50) percent of the current cost to construct the existing food service establishment.

(2) Any addition where there is more than fifty (50) percent of the existing floor area added to the existing food service establishment.

(3) Any alteration that would significantly increase number and/or size of the FOG producing equipment by three hundred (300) percent.

In the event that the installation of a grease interceptor is not feasible in an existing business, the public works director may grant an exception based upon written justification.

(Ord. No. 2236, § 1, 10-2-12)

Establishments found to have contributed to a sewer blockage, public sewer overflow or any sewer interference resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a grease interceptor or other device and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, public sewer overflow, or any other sewer system interference. If the city must act to contain and/or clean up an public sewer overflow caused by blockage of a private or public sewer lateral or system, or at the request of the property owner or operator of the establishment, or because of the failure of the property owner or establishment to abate the condition causing a threat to the health, safety, welfare, or property of the public, or because of an unauthorized discharge of FOG, the city's costs for such abatement will be entirely borne by the property owner or operator of the establishment, and said cost will constitute a debt to the city and become due and payable upon the city's request for reimbursement of such costs.

(Ord. No. 2236, § 1, 10-2-12)

Public sewer overflows may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances.

(Ord. No. 2236, § 1, 10-2-12)

All grease interceptors must comply with all relevant city ordinances, and the current edition of the California Plumbing Code.

(a) 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's director of public works or his/her designee, city engineer, or the building and safety official or his/her designee and shall have a minimum of two (2) compartments with fittings designed for grease retention and a sampling box.

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

(c) Access manholes shall be provided over each grease interceptor chamber and tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities.

(d) 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. All existing and newly installed grease interceptors shall be maintained in a manner consistent with a maintenance frequency approved by the director of public works or his/her designee pursuant to this section. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, public sewer, storm drain, or public right of way during maintenance activities. All establishments with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency of the grease interceptors and shall be determined in one (1) of the following methods:

(1) 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 (25) percent of the total liquid depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available volume is maintained to effectively intercept and retain FOG discharged to the public sewer.

(2) All food service establishments with a grease interceptor shall maintain their grease interceptor not less than once every four (4) months. The maintenance frequency shall be adjusted when sufficient data have been obtained to establish an average frequency based on the requirements described in above paragraph (d). The director of public works or his/her designee may change the maintenance frequency at any time to reflect changes in actual operating conditions. Based on the actual generation of FOG from an establishment, including food service establishments that generate FOG, the maintenance frequency may increase or decrease.

(3) If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements described in (1), any establishment, including food service establishments generating FOG, shall be required to service its grease interceptor(s) immediately to assure that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the director of public works or his/her designee may also increase the maintenance frequency of the grease interceptor from the current frequency.

(Ord. No. 2236, § 1, 10-2-12)

Establishments are subject to the following compliance monitoring requirements:

(a) Establishments, at the discretion of the director of public works or his/her designee may be required to construct and maintain in proper operating condition at the establishment's sole expense, flow monitoring, constituent monitoring and/or sampling facilities.

(b) The location of the monitoring or metering facilities shall be subject to approval by the director of public works or his/her designee.

(c) Establishments may also be required by the director of public works or his/her designee to submit waste analysis plans, contingency plans, and meet other necessary requirements to ensure proper operation and maintenance of the grease control device or grease interceptor and compliance with this division.

(d) Establishments shall not increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete substitute for treatment to achieve compliance with this division.

(e) The director of public works or his/her designee may require periodic reporting of the status of implementation of best management practices (BMPs) implemented at establishments.

(f) The director of public works or his/her designee may require visual monitoring at the sole expense of the establishment which generates FOG to observe the actual conditions of any establishment's, including food service establishments that generate FOG, sewer lateral and public sewer lines downstream.

(g) The director of public works or his/her designee may require reports for self-monitoring of wastewater constituents and FOG characteristics of the establishment necessary for determining compliance with this division. Failure by the establishment to perform any required monitoring, or to submit monitoring reports required by the director of public works or his/her designee constitutes a violation of this division and shall be cause for the city to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in this division. The establishment shall be responsible for all expenses of the city in undertaking such monitoring analyses and preparation of reports.

(h) Other reports may be required, such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the director of public works or his/her designee to ensure compliance with this division.

(i) Establishments are required to keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than four (4) years.

(j) Establishments shall, upon request, make the manifests, receipts and invoices available to the director of public works or his/her designee. These records may include:

(1) A logbook of grease control device cleaning and maintenance practices.

(2) A record of best management practices being implemented including employee training.

(3) Copies of records and manifests of waste-hauling interceptor contents and/or waste cooking oil disposal.

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

(5) Any other information deemed appropriate by the director of public works or his/her designee to ensure compliance with this division.

(k) It shall be unlawful 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 grease control device, monitoring device or method or access point required under this division.

(Ord. No. 2236, § 1, 10-2-12)

All establishments shall implement best management practices in its operation to minimize the discharge of FOG to the public sewer system and in accordance with the requirements and guidelines established by the city in an effort to minimize the discharge of FOG to the public sewer system, which shall, at a minimum, include the following:

(a) Installation of drain screens. Drain screens shall be installed on all drainage pipes in food preparation and kitchen areas.

(b) Segregation and collection of waste cooking oil. All employees must comply with all provisions of this division relating to segregation, disposal and recycling of FOG.

(c) Disposal of food waste. All food waste shall be disposed of directly into the trash or garbage and not in toilets, or sinks, unless equipped with food grinders.

(d) Food grinders. All employees shall not pour, dispose, or place any food product, prepared or unprepared, containing FOG materials into a sink equipped with a food grinder.

(e) Employee training. Employees of the food service establishment shall be trained within one hundred eighty (180) days of the effective date of this division and twice each calendar year thereafter, 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 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 or dripped.

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

(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 director of public works or his/her designee.

(f) 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.

(g) Kitchen signage. Best management and waste minimization practices shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(Ord. No. 2236, § 1, 10-2-12)

The director of public works or his/her designee may inspect or order the inspection and sample the wastewater discharges of any establishment subject to this division to ascertain whether the intent of this division is being met and the establishment is complying with all requirements.

(a) Inspection of premises. The establishment shall allow the director of public works or his/her designee access to the premises, during normal business hours, for purposes of inspecting the establishment's grease control devices or interceptor, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor.

(b) Metering and sampling devices. The director of public works or his/her designee shall have the right to place or order the placement on the establishment's property or other locations devices necessary to conduct sampling or metering operations. Where any establishment has security measures in force, the establishment shall make necessary arrangements so that representatives of the city shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

(c) Access to establishment. Persons or occupants of premises where wastewater is created or discharged shall allow the director of public works, or his/her designee, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the establishment is open, operating, or any other reasonable time.

(d) Access to documents for inspection. In order for the director of public works or his/her designee to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge, the establishment shall make available for inspection and copying by the city all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal. All such records shall be kept for a minimum of four (4) years.

(e) Sampling and inspection frequency. Sampling and inspection of any establishments, including food service establishments, that generate FOG shall be conducted in the time, place, manner, and frequency determined at the sole discretion of the director of public works or his/her designee. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer.

(f) Right of entry. No person shall interfere with, delay, resist or refuse entrance to city representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the city's public sewer.

(Ord. No. 2236, § 1, 10-2-12)

In the event an establishment is unable to comply with any permit condition or provision due to a breakdown of equipment, accidents, or human error, or the establishment has reasonable opportunity to know that the discharge will exceed the discharge provisions of this division, the discharger shall immediately notify the director of public works or his/her designee by telephone. If the material discharged to the public sewer has the potential to cause or result in sewer blockages or overflows, the discharger shall immediately notify the city's department of public works.

(a) Agency notification. Confirmation of this notification shall be made in writing to the director of public works or his/her designee no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring.

(b) Non-relief from expense, loss, damage, or liability. Such notification shall not relieve the establishment 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 establishment of any fees or other liability which may be imposed by this division or other applicable law.

(Ord. No. 2236, § 1, 10-2-12)

(a) Violation of any provision of this division may be enforced by civil action, including an action for injunctive relief. In any civil enforcement action, administrative or judicial, the city shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this division.

(b) Violation of any provision of this division shall constitute an infraction punishable by a fine not to exceed one hundred dollars ($100.00) for the first violation, a fine not to exceed two hundred dollars ($200.00) for the second violation within one (1) year, and a fine not to exceed five hundred dollars ($500.00) for each additional violation within one (1) year. There shall be a separate infraction for each day on which a violation occurs.

(d) Enforcement pursuant to this section shall be undertaken by the City of West Covina.

(Ord. No. 2236, § 1, 10-2-12)

Any person who discharges a waste shall be liable for any costs or expenses incurred by the city, including regulatory fines, penalties, and assessments made by other agencies or a court if said discharge of waste causes or contributes to the city: 1) violating its discharge requirements established by any regulatory agency with jurisdiction over the city; or 2) incurring additional expenses or suffering losses or damage to the city's facilities.

(Ord. No. 2236, § 1, 10-2-12)