Wheatland Municipal Code Art. IV Administration

A. Any FSE required to obtain a FOG WDP shall complete and file with the director, prior to commencing or continuing discharges, an application in a form prescribed by the director. All applicable fees required by this chapter shall accompany the application. The FOG WDP application may be obtained from the city clerk's office.

B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and any additional details to show all sewers, FOG control devices, grease interceptors and/or other grease control devices and/or other alternative pretreatment technology and appurtenances by size, location, and elevation.

C. Other information related to the applicant's business operations and/or potential discharge may be requested in order to properly evaluate the applicant's FOG WDP application.

D. After evaluation of the data furnished pursuant to this section, the director may issue a FOG WDP, subject to terms and conditions set forth in this chapter and as otherwise determined by the director or city engineer to be appropriate to protect the public sewer and/or POTW.

(Ord. 417 § 2, 2009)

The city council by resolution may from time to time establish and/or revise a FOG WDP application fee, which shall be paid by any applicant for a FOG WDP. Payment of the FOG WDP application fee must be received by the director or city engineer upon submission of at the same time the applicant submits its FOG WDP application. A permittee with an existing FOG WDP shall pay any delinquent fees and charges before the director may renew the FOG WDP.

(Ord. 417 § 2, 2009)

The issuance of a FOG WDP may include, but may not be limited to, any of the following conditions or limits:

A. Limits on discharge of FOG and other pollutants;

B. Requirements for proper operation and maintenance of grease interceptors, other grease control devices, and/or alternative pretreatment technology;

C. Grease interceptor maintenance frequency and schedule;

D. Requirements for implementation of BMPs;

E. Requirements for maintaining and reporting the status of BMPs;

F. Requirements for maintaining and submitting logs and records, including but not limited to waste hauling records and waste manifests, which shall include the ultimate disposition of the FOG wastes;

G. Self-monitoring requirements;

H. Requirements for the FSE to construct, operate and/or maintain, at its own expense, any grease control device and/or sampling facilities;

I. Additional requirements as otherwise determined to be reasonably appropriate by the director or city engineer to protect the public sewer or as specified by other regulatory agencies. Any additional requirements the director determines are appropriate to protect the public sewer, or as required by any local, state or federal statute, regulation or agency; and/or

J. Any other term and/or condition that the director determines are required to ensure compliance with this chapter.

(Ord. 417 § 2, 2009)

A. The director, at his or her sole discretion, may modify any or all of the terms and conditions of a FOG WDP at any time based on any of the following:

1. The permittee's current or anticipated operating data;

2. Changes in the requirements of state or federal regulatory agencies that oversee and monitor the city; and/or

3. A determination by the director or city engineer that such modification is appropriate to further the objectives of this chapter and all applicable local, state and/or federal laws and/or regulations.

B. A permittee may submit a written request to modify the terms and conditions of that permittee's FOG WDP. Upon receipt of the request, the director or city engineer shall review the request, make a determination on the request, and provide a written response. The director may request and require the submission of any additional information prior to making a determination on the request.

C. The director shall inform a permittee of any change in the FOG WDP limits, conditions and/or requirements at least forty-five days prior to the date on which any change becomes effective. Any changes and/or new conditions in the FOG WDP shall include a reasonable time schedule for compliance.

(Ord. 417 § 2, 2009)

A FOG WDP shall be effective for a period of one year from the date of issuance. At least thirty days prior to the expiration of the FOG WDP, the permittee shall reapply and pay any applicable fees and charges, including any outstanding fees and charges, in order to renew the WDP, pursuant to the provisions of this chapter.

(Ord. 417 § 2, 2009)

A. A limited food preparation establishment may not be considered an FSE and may be exempt from being required to obtain a FOG WDP. Exempt establishments shall be those establishments that are engaged only in reheating, hot holding, and/or assembly of ready-to-eat food products, which are activities that do not result in any wastewater discharge that contains a significant amount of FOG.

B. Any establishment seeking an exemption under this section shall submit a written request to the director. If the director or city engineer determines that the reasons for the request are valid and that the establishment satisfies the requirements of Section 13.22.220(A), then the director may grant the request for an exemption from this article.

C. Notwithstanding any exemption granted pursuant to this section, the director may require a limited food preparation establishment to implement and/or exercise any BMP applicable to FSEs. A limited food preparation establishment that discharges FOG in excess of the defined limits may be reclassified as an FSE and required to obtain a FOG WDP at the director or city engineer's discretion The director may reclassify any exempt food preparation establishment as an FSE and require that establishment to obtain a FOG WDP if the director determines the establishment discharges FOG in excess of any defined limits.

(Ord. 417 § 2, 2009)

A FOG WDP issued pursuant to this chapter shall be issued for a specific FSE and/or operation and creates no vested rights. The permittee shall not assign, transfer, convey and/or sell the permittee's FOG WDP and/or use the permittee's FOG WDP on any premises or for any facility, operation and/or discharge that is not expressly included within the FOG WDP. A FOG WDP shall become void upon assignment, transfer, conveyance, and/or sale to a new owner and/or operator and/or facility in violation of this chapter.

(Ord. 417 § 2, 2009)

Upon request by the director:

A. Any FSE may be required to submit two copies of facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The submittal shall be in a form and content acceptable to the director or city engineer for review of existing and/or proposed grease control device, alternative pretreatment technology monitoring facilities, metering facilities, and operating procedures. The director's review of any plans and/or procedures shall in no way relieve the FSE of its responsibility to modifying the facilities and/or procedures in the future, as required in order to produce an acceptable discharge, and/or to meet the requirements of this chapter or the requirements of any other local, state and/or federal statute, regulation and/or agency.

B. The director may require that a California registered civil, chemical, mechanical or electrical engineer prepare any drawings, charts and/or plans required to be submitted pursuant to this chapter.

C. All drawings shall be submitted to the director.

(Ord. 417 § 2, 2009)

A. The director or city engineer may require periodic reporting of the status of implementation and/or exercise of BMPs, in accordance with any FOG control program.

B. The director or city engineer may require visual monitoring at the sole expense of the permittee to observe the actual conditions of the FSE's sewer lateral and sewer lines downstream.

C. The director or city engineer may require the permittee to prepare self-monitoring reports of the FSE's wastewater constituents and/or FOG characteristics, which shall be used to evaluate and determine compliance with any condition and/or requirement specified in the FOG WDP or this chapter. These selfmonitoring reports shall be prepared in a manner and form approved by the director or city engineer and shall be submitted upon the director's request of the director or city engineer. The failure by the permittee to perform any required self-monitoring, and/or to submit any self-monitoring report(s) requested by the director or city engineer constitutes shall constitute a violation of this chapter and shall be cause for the city and/or director to take all necessary actions to determine the FSE's wastewater constituents and/or FOG characteristics and/or to determine whether the FSE is compliant with any condition and requirement specified in the permittee's FOG WDP or this chapter, and any costs incurred by the city in taking these actions shall be reimbursed by the permittee.

D. The director may require the submission of other reports, such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriated by the director or city engineer to ensure compliance with this chapter.

(Ord. 417 § 2, 2009)

A. The permittee shall be required to keep and maintain for at least three years. The permittee shall, upon request, make the manifests, receipts and invoices available to the director or city engineer, any inspector and/or any enforcement officer, all of the following records:

1. An on-site logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices;

2. Records of BMPs being implemented and/or exercised, including employee training;

3. Records and manifests of waste hauling interceptor contents;

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

5. Records of any spills and/or cleaning of the sewer lateral or public sewer;

6. Records of disposal carrier and disposal site location for any waste hauled off-site; and

7. Any other information deemed appropriate by the director to ensure compliance with this chapter.

B. The permittee shall make any or all of these records available, upon request, to the director, any inspector and/or any enforcement officer.

(Ord. 417 § 2, 2009)

It is unlawful to:

A. Make any false statement, representation, record, report, plan and/or other document;

B. File any false statement, representation, record, report, plan, and/or other document with the city and/or the director; and/or

C. Tamper with the city and/or the director or city engineer, or to knowingly render inoperable, any grease control device, monitoring device, and/or any method or access point required under this chapter.

(Ord. 417 § 2, 2009)

A. The director or city engineer may inspect and/or sample, or order the inspection and/or sampling of the wastewater discharges of any FSE to determine whether the FSE and/or permittee is complying with the provisions of this chapter and/or the FOG WDP. The permittee shall provide the director and/or any inspector access to the FSE premises, during normal business hours, for purposes of inspecting, monitoring and/or sampling the FSE's grease control devices and/or FOG waste discharges, and/or reviewing the FSE's records that are maintained pursuant to Section 13.22.260.

B. The director or city engineer shall have the right to place, or order the placement of on the FSE's property, or other locations as determined by the director or city engineer, such devices as are necessary to conduct sampling, monitoring and/or metering authorized under this chapter. If an FSE has security measures in place, the FSE shall make necessary arrangements so that the director and/or inspector may enter the premises without delay for the purpose of performing any action authorized by this chapter.

C. In order for the director or city engineer to determine the wastewater characteristics of the discharge for purposes of determining compliance with FOG WDP requirements, the permittee shall make available for inspection and copying by the director or city engineer, an inspector, an enforcement officer and/or other designated personnel, any and all records maintained pursuant to Section 13.22.260.

(Ord. 417 § 2, 2009)

Users or permittees of premises where wastewater is created or discharged shall allow the director or city engineer, an inspector and/or an enforcement officer reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspecting, monitoring and/or sampling at any time during the FSE's operating hours, and/or at any other reasonable time. No person or occupant of the premises shall interfere with, delay, resist or refuse entrance to the director or city engineer, an inspector and/or an enforcement officer that is attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer. In the event of an emergency involving an actual or imminent SSO, the director or city engineer, an inspector and/or and enforcement officer may access adjoining businesses or properties that share a public sewer with an FSE in order to prevent and/or remediate the actual or imminent SSO.

(Ord. 417 § 2, 2009)

A. If a permittee discharges/spills in violation of its FOG WDP due to a breakdown of equipment, accident, or human error, or if the permittee has reasonable opportunity to know that a discharge/spill will violate its FOG WDP or this chapter, then the permittee shall immediately notify the city by telephone at the number specified in the FOG WDP. If the material spilled/discharged to the public sewer has the potential to cause or contribute to sewer blockages or SSOs, the permittee shall immediately notify the city.

B. Confirmation of this notification shall be made in writing to the director or city engineer, which shall be sent to the address specified in the FOG WDP and postmarked no later than two calendar days from the date of the discharge. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps the permittee took to immediately correct the problem, and what steps the permittee is taking and/or will take to prevent a recurrence.

C. Notification under this section shall not relieve the permittee its responsibility and liability for any expense, loss, damage or other liability that the city or any other party incurs as a result of the discharge/spill; nor shall such notification relieve the permittee of any fees or other liability that may be imposed by these regulations or other applicable local, state and/or federal statute, regulation and/or agency.

(Ord. 417 § 2, 2009)

A permittee shall notify the director, in writing, at least sixty days prior to any facility expansion, and/or remodeling, and/or process modifications that may result in a new or substantially increased FOG discharge and/or a change in the nature of the discharge. The permittee shall submit any information requested by the director for evaluating the effect of the permittee's expansion and/or remodeling, and/or process modifications on the permittee's FOG discharge to the public sewer.

(Ord. 417 § 2, 2009)