Yorba Linda Municipal Code Art. 1 General Provisions

A. The purpose of this chapter is to comply with Order No. R8-2002-0014 issued by the Regional Water Quality Control Board, Santa Ana Region, which requires the City to regulate the discharges of fats, oils and grease ("FOG") to the City's sewer facilities, and to specify appropriate FOG discharge requirements for food service establishments.

B. This chapter shall be interpreted in accordance with the definitions set forth in Section 5.46.020.

(Ord. 2004-880, § 1, 2004)

A. Unless otherwise defined herein, terms related to water quality shall be as adopted in the latest edition of Standard Methods for Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations).

B. Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law.

C. Subject to the foregoing provisions, the following definitions shall apply in this chapter:

Best Management Practices.

Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

Change in Operations.

Any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by Food Service Establishments in an amount that alone or collectively causes or creates a potential for a sewer system overflow ("SSOs") SSOs to occur.

City.

The City of Yorba Linda.

City Manager.

The City Manager of the City of Yorba Linda.

City Sewer Facility or System.

Any property belonging to the City used in the treatment, reclamation, reuse, transportation, or disposal of wastewater, or sludge.

Composite Sample.

A collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the wastestream discharged during the sample period. Samples may be collected when a wastewater discharge occurs.

Discharger.

Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User.

Effluent.

Any liquid outflow from the Food Service Establishment that is discharged to the sewer.

Fats, Oils, and Grease ("FOG").

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 conditions.

Food Grinder.

Any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system.

Food Service Establishment.

Facilities defined in California Uniform Retail Food Service Establishments Law ("CURFFL") Section 113785, 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 a Type I or Type II hood, as defined in CURFFL Section 113785. A limited food preparation establishment is not considered a Food Service Establishment when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

Formal Notice or Notification.

The date on which the City sends notice by regular mail to Food Service Establishments.

Grease Control Device.

Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system.

Grease Interceptor.

A multi-compartment device that is constructed in different sizes and is generally required to be located, according to the California Plumbing Code, underground between a Food Service Establishment and the connection to the sewer system. These devices primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.

Grease Trap.

A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable.

Grab Sample.

A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

Hot Spots.

Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system.

Inflow.

Water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows.

Infiltration.

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

Inspector.

A person authorized by the City to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities.

Interceptor.

A grease interceptor.

Interference.

Any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City's sewer system, treatment processes or operations; or is a cause of violation of the City's NPDES or Waste Discharge Requirements or prevents lawful sludge use or disposal.

Local Sewer Agency.

Any public agency or private entity responsible for the collection and disposal of wastewater to the City's sewer facilities duly authorized under the laws of the State of California to construct and/or maintain public sewers.

Manifest.

That receipt which is retained by the generator of wastes for disposing recyclable wastes or liquid wastes as required by the City.

NPDES.

The National Pollutant Discharge Elimination System and the permit issued to control the discharge of liquids or other substances or solids to surface waters of the United States as detailed in Public Law 92-500, Section 402.

New Construction.

Any structure planned or under construction for which a sewer connection permit has not been issued.

Permittee.

A person or owner of a food establishment who has received a permit to discharge wastewater into the City's sewer facilities subject to the requirements and conditions established by the City.

Person.

Any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America.

Program.

The Program required by RWQCB Order No. R8-2002-0014, Section (c) (12) (viii).

Program Manager.

The City Manager or his or her designee.

Public Agency.

The State of California and/or any city, county, special district, other local governmental authority or public body of or within this State.

Public Sewer.

A sewer owned and operated by the City, or other local Public Agency, which is tributary to the City's sewer facilities.

Regulatory Agencies.

Regulatory Agencies shall mean those agencies having regulatory jurisdiction over the operations of the City, including, but not limited to:

United States Environmental Protection Agency, Region IX, San Francisco and Washington, DC (EPA).

California State Water Resources Control Board (SWRCB).

California Regional Water Quality Control Board, Santa Ana Region (RWQCB).

South Coast Air Quality Management District (SCAQMD).

California Department of Health Services (DOHS).

Remodeling.

A physical change or operational change causing generation of the amount of FOG that exceed the current amount of FOG discharge to the sewer system by the Food Service Establishment in an amount that alone or collectively causes or creates a potential for SSOs to occur or exceeding a cost of $50,000 to a Food Service Establishment that requires a building permit, and involves any one or combination of the following: (1) under slab plumbing in the food processing area; (2) a 30% increase in the net public seating area; (3) a 30% increase in the size of the kitchen area; or (4) any change in the size or type of food preparation equipment.

Sample Point.

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.

Sampling Facilities.

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.

Sewage.

Wastewater.

Sewer Facilities or System.

Any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge.

Sewer Lateral.

A building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and a public sewer system.

Sludge.

Any solid, semi-solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.

User.

Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as Discharger.

Waste.

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.

Wastewater Discharge Permit.

A permit issued by the City subject to the requirements and conditions established by the City authorizing a Food Service Establishment to discharge wastewater into the City's sewer facilities or into sewer facilities which ultimately discharge into a City sewer facility.

Waste Minimization Practices.

Plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices, inventory control, employee education, and other steps as necessary to minimize wastewater produced.

Wastehauler.

Any person carrying on or engaging in vehicular transport of waste as part of, or incidental to, any business for that purpose.

Wastewater.

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.

Wastewater Constituents and Characteristics.

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.

D. Words used in this chapter in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary.

(Ord. 2004-880, § 1, 2004)