Yorba Linda Municipal Code Art. 3 Wastewater Discharge Permits for Food Service Establishments

A. Food Service Establishments proposing to discharge or currently discharging wastewater containing FOG into the City's sewer system shall obtain a Wastewater Discharge Permit from the City. All Food Service Establishments shall first obtain this Wastewater Discharge Permit from the City at the same time the Food Service Establishment next obtains or renews its business license to operate the Food Service Establishment after this chapter is effective.

B. Wastewater Discharge Permits shall be expressly subject to all provisions of this chapter and all other regulations, charges for use, and fees established by the City. The conditions of Wastewater Discharge Permits shall be enforced by the City in accordance with this chapter and applicable State and Federal Regulations.

(Ord. 2004-880, § 1, 2004)

A. Any person required to obtain a Wastewater Discharge Permit shall complete and file with the City prior to commencing discharges, an application in a form prescribed by the City. The applicable Wastewater Discharge Permit Fee shall accompany this application.

B. After evaluation of the data furnished, the City may issue a Wastewater Discharge Permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the Program Manager to be appropriate to protect the City's sewer system.

(Ord. 2004-880, § 1, 2004)

The issuance of a Wastewater Discharge Permit may contain any of the following conditions or limits:

A. Limits on discharge of FOG and other priority pollutants.

B. Requirements for proper operation and maintenance of grease interceptors and other grease control devices.

C. Grease interceptor maintenance requirements.

D. Requirements for implementation of Best Management Practices and installation of adequate grease interceptor and/or grease control device.

E. Requirements for maintaining and reporting status of Best Management Practices.

F. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests.

G. Requirements to self-monitor.

H. Requirements for the Food Service Establishment to construct, operate and maintain, at its own expense, FOG control device and sampling facilities.

I. Additional requirements as otherwise determined to be reasonably appropriate by the Program Manager to protect the City's system.

J. Other terms and conditions, which may be reasonably applicable to ensure compliance with this chapter.

(Ord. 2004-880, § 1, 2004)

A Wastewater Discharge Permit fee shall be paid by the applicant in an amount adopted by resolution of the City. Payment of permit fees must be received by the City at the time of application for either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal.

(Ord. 2004-880, § 1, 2004)

A. The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the Program Manager during the life of the permit based on:

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

2. The City's current or anticipated operating data;

3. Changes in the requirements of Regulatory Agencies which affect the City; or

4. A determination by the Program Manager that such modification is appropriate to further the objectives of this chapter.

B. The Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The Program Manager shall review the request, make a determination on the request, and respond in writing.

C. The Permittee shall be informed of any change in the permit limits, conditions, or requirements at least 45 days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance.

(Ord. 2004-880, § 1, 2004)

Wastewater Discharge Permits shall be issued for a period not to exceed one year. Upon expiration of the permit, the user shall apply for renewal of the Wastewater Discharge Permit when the user renews its business license for the Food Service Establishment as required by Chapter 5.08 of the Yorba Linda Municipal Code, as it now exists or may hereafter be amended, and in accordance with the provisions of this Article 3.

(Ord. 2004-880, § 1, 2004)

A limited food preparation establishment is not considered a Food Service Establishment and is exempt from obtaining a Wastewater Discharge Permit Exempted establishments shall be engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food.

(Ord. 2004-880, § 1, 2004)

Wastewater Discharge Permit issued under this chapter are for a specific Food Service Establishment, for a specific operation and create no vested rights.

A. No permit holder shall assign, transfer, sell any Wastewater Discharge Permit issued under this chapter nor use any such permit for or on any premises or for facilities or operations or discharges not expressly encompassed within the underlying permit.

B. Any permit which is transferred to a new owner or operator or to a new facility is void.

(Ord. 2004-880, § 1, 2004)

A. Sampling and Inspection Procedures.

1. Sampling and inspection of Food Service Establishments may be conducted in the time, place, manner, and frequency determined by the Program Manager.

2. Noncompliance with permit discharge conditions, or any discharge provisions of this chapter may be determined by an inspection of the grease control device, grease interceptor and associated manifest and documentation, and analysis of a grab or composite sample of the effluent of a Food Service Establishment.

3. Any sample taken from a sample point is considered to be representative of the discharge to the public sewer.

(Ord. 2004-880, § 1, 2004)

The Program Manager may revoke or suspend the Wastewater Discharge Permit for any of the following reasons:

A. Violation of a permit condition.

B. Violation of this chapter.

C. Violation of state or Federal law.

D. Violation of any Federal, state or local rules and regulations related to FOG discharges.

(Ord. 2004-880, § 1, 2004)

The Program Manager shall provide the Food Service Establishment with a notice of violation prior to revocation or suspension of the Permit, except in emergency situations. The Program Manager shall provide the notice in the manner provided for in Sections 1.13.50 and 1.13.60 of the Yorba Linda Municipal Code.

(Ord. 2004-880, § 1, 2004)

If the Food Service Establishment objects to the revocation or suspension of the permit, it shall follow the procedures for appeal set forth in Section 1.13.90 of the Yorba Linda Municipal Code.

(Ord. 2004-880, § 1, 2004)