Yorba Linda Municipal Code Art. 2 General Limitations, Prohibitions, and Requirements

No Food Service establishment shall discharge or cause to be discharged into the sewer system FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the Food Service Establishment to the sewer system.

(Ord. 2004-880, § 1, 2004)

The following prohibitions shall apply to all Food Service Establishments:

A. Installation of food grinders in the plumbing system of new constructions of Food Service Establishments shall be prohibited. Furthermore, all food grinders shall be removed from all existing Food Service Establishments within 180 days of formal notification by the City that this chapter has become effective, except as expressly allowed by the Program Manager.

B. Introduction of any additives into a Food Service Establishment's wastewater system for the purpose of emulsifying FOG is prohibited, unless a specific written authorization from the Program Manager is obtained.

C. 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.

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

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

F. The use of biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization from the Program Manager, is prohibited.

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

H. Discharge of any waste including FOG and solid materials removed from the grease control device to the sewer system is prohibited. Grease removed from grease interceptors shall be wastehauled periodically as part of the operation and maintenance requirements for grease interceptors.

(Ord. 2004-880, § 1, 2004)

No person shall discharge, or cause to be discharged, any wastewater from Food Service Establishments directly or indirectly into the sewer system without first obtaining a Wastewater Discharge Permit pursuant to this chapter.

(Ord. 2004-880, § 1, 2004)

All Food Services Establishments shall implement Best Management Practices in their operations to minimize the discharge of FOG to the sewer system. This may include kitchen practices and employee training that are essential in minimizing FOG discharge.

(Ord. 2004-880, § 1, 2004)

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

A. New Construction of Food Service Establishments. New construction of Food Service Establishments shall include and install grease interceptors prior to commencing discharges of wastewater to the sewer system.

B. Existing Food Service Establishments.

1. For existing Food Service Establishments, the requirement to install and to properly operate and maintain a grease interceptor shall be conditionally stayed, that is, delayed in its implementation for a period of three years from formal notification by the City of the effectiveness of this chapter (three-year amortization period). The City finds that three years is a reasonable amortization period for existing Food Service Establishments that are operating without a grease interceptor. The Program Manager may also issue additional stays, as appropriate, and variances or waivers as set forth in Section 5.46.080.

2. Existing Food Service Establishments that have reasonable potential to adversely impact the sewer system or have sewer laterals connected to hot spots, as determined by the Program Manager, shall install grease interceptors within 180 days of formal notice from the Program Manager to install such a grease interceptor.

3. Existing Food Service Establishments undergoing remodeling or a change in operations as defined in Section 5.46.020 of this chapter, or Food Service Establishments that change ownership, shall install a grease interceptor.

(Ord. 2004-880, § 1, 2004)

A. Variance from Grease Interceptor Requirements. A variance from the grease interceptor requirements to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor may be granted to Food Service Establishments demonstrating that it is impossible or impracticable to install, operate or maintain a grease interceptor. The Program Manager's determination to grant a variance will be based upon, but not limited to, evaluation of the following conditions:

1. There is no adequate space for installation and/or maintenance of a grease interceptor.

2. There is no adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer.

3. The Food Service Establishment can justify that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the Food Service Establishment must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months, at its own expense. A Variance may be granted if the results show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines.

B. Conditional Waiver from Installation of Grease Interceptor. A conditional waiver from installation of a grease interceptor may be granted for Food Service Establishments that have been determined to have negligible FOG discharge and insignificant impact to the sewer system. The Program Manager's determination to grant or revoke a conditional waiver shall be based upon, but not limited to, evaluation of the following conditions:

1. Quantity of FOG discharge as measured or as indicated by the size of Food Service Establishment based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that may reasonably be shown to contribute to FOG discharges.

2. Adequacy of implementation of Best Management Practices and compliance history.

3. Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the Food Service Establishment, and history of maintenance and sewage spills in the receiving sewer system.

4. Changes in operations that significantly affect FOG discharge.

5. Any other condition deemed reasonably related to the generation of FOG discharges by the Program Manager.

C. Application for Waiver or Variance of Requirement for Grease Interceptor. A Food Service Establishment may submit an application for waiver or variance from the grease interceptor requirement to the Program Manager. The Food Service Establishment bears the burden of demonstrating, to the Program Manager's reasonable satisfaction, that the installation of a grease interceptor is not feasible or applicable. Upon determination by the Program Manager that reasons are sufficient to justify a variance or waiver, the permit will be issued or revised to include the variance or waiver and relieve the Food Service Establishment from the requirement. A waiver or variance may be revoked at any time when any of the terms and conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists.

(Ord. 2004-880, § 1, 2004)

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

(Ord. 2004-880, § 1, 2004)

Notwithstanding the three-year amortization period established in Section 5.46.100, Food Service Establishments found to have contributed to a sewer blockage, SSOs or any sewer system interferences resulting from the discharge of wastewater or waste containing FOG, may be ordered to install and maintain a grease interceptor, and may be subject to a plan to abate the nuisance and prevent any future health hazards created by sewer line failures and blockages, SSOs or any other sewer system interferences. SSOs may cause threat and injury to public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, sewer lateral failures and SSOs caused by Food Service Establishments alone or collectively, are the responsibility of the private property owner or Food Service Establishment, and individual(s) as a responsible officer or owner of the Food Service Establishment. If the City must act immediately to contain and clean up an SSO caused by blockage of a private or public sewer lateral or system serving a Food Service Establishment, or at the request of the property owner or operator of the Food Service Establishment, or because of the failure of the property owner or Food Service Establishment 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 property owner or operator of the Food Service Establishment, and individual(s) as a responsible officer or owner of the Food Service Establishment(s) and may constitute a debt to the City and become due and payable upon the City's request for reimbursement of such costs.

(Ord. 2004-880, § 1, 2004)