Yreka Municipal Code Ch. 12.50 Fats, Oils and Grease Management and Discharge Control Ordinance

A. The Porter-Cologne Water Quality Act (California Water Code §§ 13000, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of California.

B. The city of Yreka is an enrollee under the general waste discharge requirements for sanitary sewer systems (Sewer WDRs) under Order No. 2006-003, dated May 2, 2006 issued by the state water resources control board. The city is required to adopt chapters and implement procedures to reduce the amount of fats, oils and grease ("FOG") discharged into the city's sanitary sewer collection system.

C. The state water resources control board's Order No. 2006-0003, entitled general waste discharge requirements for sanitary sewer systems, at section D.13(iii)(d) requires the city to demonstrate that it possesses the legal authority necessary to control discharges of FOG to and from those portions of the city's sanitary sewer collection system.

D. Food service establishments (FSEs) or "food facilities," as defined in California Uniform Retail Food Facilities Law ("CURFFL"), Division 104 (Environmental Health), Part 7 (Retail Food), Chapter 4, Articles 1-20 of the California Health & Safety Code, produce FOG as a by-product of their operations. If not properly managed and disposed, FOG will create the potential for blockage of sanitary sewer lines, which can result in sanitary sewer overflows ("SSOs") that cause damage to both public and private property, and public health issues; and have the potential to pollute beaches and water courses in and around the city.

E. Based on information collected by the public works department, FOG is one of the causes of sanitary sewer blockages and SSOs.

F. The current edition of the Uniform Plumbing Code requires FSEs that have the potential to produce FOG in quantities that can effect line stoppage or hinder sewage treatment or private sewage disposal to have grease control devices. Many FSEs, such as restaurants within the city do not have grease control devices. These FSEs have the potential to require the city to perform additional preventive maintenance on sewer lines that service these facilities, as well as respond to and cleanup blockages and SSOs caused by improper FOG disposal practices and grease control device maintenance. The city has been previously fined as a result of SSOs created by FOG buildup in the city sewage disposal facilities.

G. The purpose of this chapter is to facilitate the maximum beneficial public use of the city's sanitary sewer collection system while preventing blockages of sewer lines resulting from discharges of FOG to the system, and to specify appropriate FOG discharge requirements for FSEs discharging into the city's sewer system.

H. This chapter shall be interpreted in accordance with the definitions set forth in Section 12.50.020 of this chapter. The provisions of this chapter shall apply to the direct or indirect discharge of all wastewater or waste containing FOG into city's sanitary sewer collection system.

I. In order to manage and control, in a cost-effective manner, the discharge of FOG into the city's sanitary sewer collection system to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential and it is the intent of this section to establish regulations for the disposal of FOG and other insoluble waste discharges from FSEs into the city's sewer system.

J. To comply with federal, state, and local policies and to allow the city to meet applicable standards, provisions are made in this chapter for the regulation of wastewater and waste containing FOG discharges to the sewer facilities.

K. This chapter establishes quantity and quality standards on all wastewater and/or waste discharges containing FOG, which may alone or collectively cause or contribute to FOG accumulation in the sewer facilities causing or potentially causing or contributing to the occurrence of SSOs.

L. Pursuant to the provisions of the California Building Standards Law, California Health and Safety Code §§ 18941.5, 17958, 17958.5 and 17958.7, the city council hereby finds that the amendments to the state building standards and housing laws, more particularly the California Plumbing Code, adopted herein are necessary because of climatic, geological or topographical conditions of property in the city's jurisdiction, in that the location of the city's within the watershed to public waters and the waste discharge requirements imposed by the RWQCB require the strict compliance with grease control device regulations to prevent SSOs that threaten the health and safety of the public within the immediate vicinity of the overflow and downstream to local creeks. Additional amendments and deletions to the California Plumbing Code are found to be administrative or procedural and are found to be reasonable and necessary to safeguard the public health and welfare.

(Ord. No. 852, § 2, 6-21-2018)

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 Code of Federal Regulations 136.

B. Other terms not defined shall be defined as they are in the latest adopted applicable editions of the California Codes adopted pursuant to the California Building Standards Law.

C. The terms used in this chapter shall have the following meanings:

1. "Best management practices" or (BMP) means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities.

2. "Change in operations" means any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG discharged by FSEs in an amount that creates a potential for SSOs to occur.

3. "City manager" means the city manager of the city of Yreka or his or her designee.

4. "Composite sample" means 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 will be collected when a wastewater discharge occurs.

5. "Director" means the director of the department of public works, or his/her designee.

6. "Discharge" means any release, spill, leak, pump, flow, escape, dumping, or disposal of any liquid, semi-solid, or solid substance directly or indirectly to the city's wastewater facilities or into sewer facilities that ultimately discharge into a city facility.

7. "Discharger" means the person, corporation, partnership or other entity directly causing or allowing the discharge. Discharger shall mean the same as user.

8. "Effluent" means any discharge from the food service establishment.

9. "Fats, oils and grease" or ("FOG") means any substance such as a vegetable or animal product that is used in, or is a byproduct of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions.

10. "FOG control program" means the FOG control program required by and developed pursuant to state water resources control board Order No. 2006-003, paragraph D13(iii)(d).

11. "FOG discharge manual" means the "fats, oil and grease discharge manual," setting forth best management practices for FSEs, as approved by the director.

12. "FOG wastewater discharge permit" or "permit" means a permit issued by the city subject to the requirements and conditions established by the city authorizing the permittee or discharger to discharge effluent.

13. "Food grinder" means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation.

14. "Food service establishment" or ("FSE") means 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.

15. "Grab sample" means 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.

16. "Grease control device" means 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 control device may also include any other proven method to reduce FOG subject to the approval of the city.

17. "Grease disposal mitigation fee" means a fee charged to an owner/operator of FSEs when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for FSEs under consideration, impossible or impracticable. The grease disposal mitigation fee is intended to cover the costs of increased maintenance of the sewer system for inspection and cleaning of FOG and other viscous or solidifying agents that a properly employed grease control device would otherwise prevent from entering the sewer system.

18. "Grease interceptor" means 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 FSEs and the connection to the sewer system. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective.

19. "Grease trap" means 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 by the city to be impossible or impracticable.

20. "Hot spots" means areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system.

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

22. "Inflow" means 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.

23. "Interference" means 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 causes or contributes to a violation of the WDR or discharge prohibitions or lawful sludge use or disposal.

24. "Manifest" means that receipt which is provided by the city to be retained by the generator of wastes for disposing liquid wastes as required by the city.

25. "New construction" means any structure planned or under construction for which a sewer connection permit has not been issued.

26. "Permittee" means a person who has been issued a permit to discharge wastewater into the city's sewer facilities.

27. "Person" means any individual, partnership, firm, association, corporation or public agency, including the state of California, the United States of America and any Indian tribe.

28. "Public sewer" means a sewer owned and operated by the city or other person, which by tributary contributes wastewater to the city's sewer facilities.

29. "Public works director" means the city's director of public works or his/her designee.

30. "Regulatory agencies" means those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to:

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

b. California State Water Resources Control Board (SWRCB).

c. California Regional Water Quality Control Board, North Coast region (NCRWQCB).

d. California Department of Health Services (DOSH).

e. Any public agency.

31. "Remodeling" means a physical change or operational change causing generation of an amount of fog that exceeds 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 the potential for SSOs to occur; or exceeding the cost of fifty thousand dollars to FSEs that requires a building permit.

32. "Sample point" means 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.

33. "Sampling facilities" means a structure provided at the users 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.

34. "Sanitary sewer" means sewer pipes that convey wastewater from a Structure and to which storm water, groundwater or surface water is not intentionally admitted. The sanitary sewer includes sewer mains, private sewer laterals and private sewers.

35. "Sewage" means wastewater.

36. "Sewer facilities or system" means any and all facilities used for collecting, conveying, pumping, treating, and disposing of wastewater and sludge.

37. "Sewer lateral" means 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. Sewer laterals between the buildings and the connection to the public sewer are owned and maintained by the property owner served by the lateral.

38. "Sewer WDRs" means (Order No. R1-2003-0047 issued by the North Coast Regional Water Quality Control Board relating to any discharge from the system of facilities connected to, and operating as, the city's waste treatment and disposal facilities (presently identified as WDID NO. 1A84073OSIS, as amended, supplanted or superseded general waste discharge requirements for sanitary sewer systems, Order No. 2006-0003, issued by the state water resources control board, dated May 2, 2006, and any successor permit to such WDRs.

39. "Sludge" is any solid, semisolid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility.

40. "Structure" means any building or facility that is required to be provided with public sewer service, or that is actually provided with public sewer service, or that is served by a private sewer lateral.

41. "SSO" means a discharge from the sanitary sewer system of raw sewerage.

42. "User" means 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.

43. "Waste" means 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 produced within containers of whatever nature prior to for the purpose of disposal.

44. "Waste minimization practices" are 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 the city deems necessary or appropriate to minimize wastewater produced.

45. "Wastehauler" means any person carrying on or engaging in vehicular transport of waste as part of; or incidental to, any business for that purpose.

46. "Wastewater" means 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.

47. "Wastewater constituents and characteristics" means 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.

48. "WDR" means any order (presently identified as (Order No. R1-2003-0047, as amended, supplanted or superseded by general waste discharge requirements for sanitary sewer systems under Order No. 2006-003, dated May 2, 2006 issued by the state water resources control board) issued by the North Coast Regional Water Quality Control Board relating to any discharge from the system of facilities connected to, and operating as, the city's waste treatment and disposal facilities (presently identified as WDID NO. 1A84073OSIS, as supplanted or superseded).

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.

(Ord. No. 852, § 2, 6-21-2018)

No FSE shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by the city or that may accumulate, cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system.

(Ord. No. 852, § 2, 6-21-2018)

The following prohibitions shall apply to all FSEs:

A. No person shall discharge, or cause to be discharged any wastewater from FSEs directly or indirectly into the sewer system without first obtaining an FOG wastewater discharge permit pursuant to this chapter.

B. Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited.

C. Discharge of any waste or FOG to the sewer system which fails to comply with the FOG discharge manual is prohibited.

D. Discharge of any waste or FOG to the sewer system in a manner which either violates the sewer WDRs or causes or contributes to a condition which fails to comply with the sewer WDRs is prohibited.

E. Food grinders in the plumbing system of any new construction in an FSE is prohibited. Furthermore, all food grinders shall be removed from all existing FSEs within one hundred eighty days of the effective date of this chapter, except when expressly allowed by the director.

F. Introduction of any additives into a FSEs' wastewater system for the purpose of emulsifying FOG is prohibited, unless a specific written authorization from the director is obtained.

G. 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.

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

I. Discharge of wastewater with temperatures in excess of one hundred forty degrees Fahrenheit [into] any grease control device, including grease traps and grease interceptors is prohibited.

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

K. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal materials to sewer lines with grease interceptor service is prohibited.

L. 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. No. 852, § 2, 6-21-2018)

No person shall discharge, or cause to be discharged any wastewater from a FSE directly or indirectly into the sewer system without first obtaining a FOG wastewater discharge permit pursuant to this chapter by May 1, 2018.

(Ord. No. 852, § 2, 6-21-2018)

All food services establishments shall implement best management practices in their operation to minimize the discharge of FOG to the sewer system. Detailed requirements for best management practices shall be specified in the permit. All FSEs must implement and demonstrate compliance with best management practices (BMP) requirements as specified in the city's FOG discharge manual. Detailed requirements for best management practices are specified in the FOG discharge manual and may include kitchen practices and employees training that are essential in minimizing FOG discharges.

(Ord. No. 852, § 2, 6-21-2018)

Unless granted a conditional waiver, FSEs 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 permit, the FOG discharge manual and the requirements of 40 CFR § 403.5. The grease interceptor shall be adequate to separate and remove FOG contained in wastewater discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows:

A. New Construction of FSEs. New construction of FSEs shall install grease interceptors prior to commencing discharges of wastewater to the sewer system.

B. Existing FSEs.

1. For existing FSEs, the requirement to install and to properly operate and maintain a grease interceptor may be conditionally waived by the director. Terms and conditions for application of a stay to a FSE shall be set forth in the permit.

2. Existing FSEs that have reasonable potential to adversely impact the sewer system or have sewer laterals connected to hot spots, as determined by the director, shall install grease interceptors within one hundred eighty days of the effective date of this chapter.

3. Existing FSEs undergoing remodeling or a change in operations as defined in Section 12.50.020 of this chapter shall be required to install a grease interceptor.

(Ord. No. 852, § 2, 6-21-2018)

A. Application for waiver or variance of requirement for grease interceptor. An FSE may submit an application for waiver or variance from the grease interceptor requirement to the director. Terms and conditions for issuance of a variance to an FSE shall be set forth in the permit. 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.

B. Conditional Waiver from Grease Interceptor Requirements. A variance or a conditional waiver from the grease interceptor requirements on such terms and conditions as may be established by the director, consistent with the requirements of the sewer WDRs, the city's FOG control program, the FOG discharge manual, the permit, and best construction, engineering, environmental and health and safety practices, to:

1. The FSE can substantively demonstrate that the alternative pretreatment technology is equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the FSE 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 conditional waiver may be granted if the results show no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines; or

2. Where the FSE demonstrates to the Director's satisfaction that any FOG discharge from the FSE is negligible and will have an insignificant impact to the sewer system.

C. Permit Revocation. Director's determination to 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 FSEs 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 BMP and compliance history.

3. Sewer size, grade, condition based on visual information, FOG deposition in the sewer by the FSEs, 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 director.

D. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor requirement may be granted with the payment of a grease disposal mitigation fee as described in Section 12.50.090. The Director's determination to grant the waiver with a grease disposal mitigation fee will be based upon, but not limited to, evaluation of the following conditions:

1. Whether there is adequate space for installation and/or maintenance of a grease interceptor.

2. Whether there is 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. A conditional waiver from grease interceptor installation to allow alternative pretreatment technology cannot be granted.

E. Application for Waiver of Requirement for Grease Interceptor A FSE may submit an application for waiver from the Grease Interceptor requirement to the director. The FSE bear the burden of demonstrating, to the director's reasonable satisfaction, that the installation of a grease interceptor is not feasible or applicable. Upon determination by the public works director that reasons are sufficient to justify a waiver, the permit will be issued or revised to include the waiver and relieve the FSE from the requirement. Terms and conditions for issuance of a waiver to FSEs shall be set forth in the permit.

F. Term of Conditional Waiver. A conditional waiver shall have a maximum term of four years and a new application must be submitted at least sixty days prior to its expiration. Notwithstanding the foregoing, a waiver may be revoked at any time when any of the terms and conditions for its issuance are not satisfied or if the conditions upon which the waiver was based change so that the justification for the waiver no longer exists.

(Ord. No. 852, § 2, 6-21-2018)

A. FSEs that operate without a grease control interceptor may be required to pay an annual grease disposal mitigation fee to equitably cover the costs of increased maintenance of the sewer system as a result of the FSE's inability to adequately remove FOG from its wastewater discharge. This section shall not be interpreted to allow the new construction of, or existing FSEs undergoing remodeling or change in operations to operate without an approved grease interceptor unless the city has determined that it is impossible or impracticable to install or operate a grease control interceptor for the subject facility under the provisions of this chapter.

B. The grease disposal mitigation fee shall be established by resolution of the city council and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device.

C. The grease disposal mitigation fee may be waived or reduced on a no less than an annual basis when the discharger demonstrates to the reasonable satisfaction of the public works director that it has used best management and waste minimization practices on a regular basis that has significantly reduced the introduction of FOG into the sewer system.

D. The grease disposal mitigation fee may not be waived or reduced when the food service establishment does not comply with the minimum requirements of this chapter and/or its discharge into the sewer system in the preceding twelve months has caused or potentially caused or contributed alone or collectively, in sewer blockage or SSOs in the sewer downstream, or surrounding the FSE prior to the waiver request.

(Ord. No. 852, § 2, 6-21-2018)

Notwithstanding time limits provide for in this chapter, FSEs found to have contributed to a sewer blockage or SSOs 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 injury to the public health, safety, and welfare of life and property and are hereby declared public nuisances. Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, are the responsibility of the private property owner or FSE. If the city must contain and clean up an SSOs caused by blockage of a private or public sewer lateral or system serving a FSE, or at the request of the property owner or operator of the FSE, or because of the failure of the property owner or FSE 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 shall be borne by the property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE (s) and shall constitute a debt to the city and become due and payable upon the city's request for reimbursement of such costs.

(Ord. No. 852, § 2, 6-21-2018)

A. FSEs proposing to discharge or currently discharging FOG into the city's sewer system shall obtain a FOG discharge permit from the city. A FSE shall obtain a FOG discharge permit whenever it applies to renew or be issued a new business license. All FSEs shall have a FOG discharger permit within thirteen months of the effective date of this chapter.

B. FOG 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 FOG discharge permits shall be enforced by the city in accordance with this chapter and applicable state and federal regulations.

(Ord. No. 852, § 2, 6-21-2018)

A. Any person required to obtain a FOG discharge permit shall complete and file with the city prior to commencing discharges, an application in a form prescribed by the city. The applicable fees shall accompany this application. The applicant shall submit, in units and terms appropriate for evaluation, the following information at a minimum:

1. Name, address, telephone number, assessor's parcel number(s), description of the FSE, operation, cuisine, service activities, or clients using the applicant's services.

2. Name, address of any and all principals/owners/major shareholders of the FSE; articles of incorporation; most recent report of the secretary of state; business license.

3. Name and address of property owner or lessor and the property manager where the FSE is located.

4. Any other information as specified in the application form.

B. Applicants may be required to submit site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, FOG control device, grease interceptor or other pretreatment equipment and appurtenances by size, location, and elevation for evaluation.

C. Other information related to the applicant's business operations and potential discharge may be requested to properly evaluate the permit application.

D. After evaluation of the data furnished, the city may issue a FOG wastewater discharge permit, subject to terms and conditions set forth in this chapter and as otherwise determined by the public works director to be appropriate to protect the city's sewer system.

(Ord. No. 852, § 2, 6-21-2018)

The issuance of a FOG 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 frequency and schedule.

D. Requirements for implementation of BMP and installation of adequate grease interceptor and/or grease control device.

E. Requirements for maintaining and reporting status of BMP.

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

G. Requirements to self-monitor.

H. Requirements for FSEs 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 public works director to protect the city's sewer system or as specified by other regulatory agencies.

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

(Ord. No. 852, § 2, 6-21-2018)

Whenever a FOG discharge permit fee is established, that fee shall be paid by the applicant in an amount which may be adopted by resolution of the city council. Payment of permit fees must be received by the city prior to issuance of either a new permit or a renewed permit. A permittee shall also pay any delinquent invoices in full prior to permit renewal.

(Ord. No. 852, § 2, 6-21-2018)

A. The terms and conditions of a FOG discharge permit may be subject to modification and change by the public works director 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 public works director 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 a permit. The request shall be in writing stating the requested change and the reasons for the change. The public works director 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 forty-five 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. No. 852, § 2, 6-21-2018)

FOG discharge permits shall be issued for a period not to exceed four years. Upon expiration of the permit, the discharger shall apply for renewal of the permit in accordance with the provisions of this chapter.

A limited food preparation establishment is not considered an FSEs and is exempt from obtaining a FOG discharge permit. A limited food service establishment is one 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. No. 852, § 2, 6-21-2018)

FOG discharge permits issued under this chapter are for a specific FSE, for a specific operation and create no vested rights.

No permit holder shall assign, transfer, sell any FOG discharge permit issued under this chapter nor use any such permit for or on any premises, facilities, operations or discharges not expressly encompassed within such permit.

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

(Ord. No. 852, § 2, 6-21-2018)

Upon request by the city FSEs shall be required to submit facility site plans, mechanical and plumbing plans, and other details to show all sewer locations and connections. The submittal shall be in a form and content acceptable to the city for review of an existing or proposed grease control device, grease interceptor, monitoring facilities, metering facilities, and operating procedures. The review of the plans and procedures shall in no way relieve an FSE of the responsibility of modifying the facilities or procedures in the future, as necessary, to meet the requirements of this chapter or any requirements of other regulatory agencies.

The city may require drawings to be prepared by a California registered civil, chemical, mechanical, or electrical engineer.

(Ord. No. 852, § 2, 6-21-2018)

All FSEs shall meet the requirements and standards established herein before discharging to any public sewer. Any FSEs required to pre-treat wastewater shall install, operate, and maintain an approved type and adequately sized grease interceptor necessary to comply with this chapter.

Grease interceptor sizing and installation shall conform to the current edition of the Uniform Plumbing Code adopted by the city. Grease interceptors shall be constructed in accordance with the design approved by the public works director and shall have a minimum of two compartments with fittings designed for grease retention.

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.

Access manholes, with a minimum diameter of twenty-four inches, shall be provided over each grease interceptor chamber and sanitary 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.

(Ord. No. 852, § 2, 6-21-2018)

A. FSEs may be required to install grease traps in the waste line leading from drains, sink, and other fixtures or equipment where grease may be introduced into the sewer system in quantities that can cause blockage. Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code, as adopted and amended by the city (California Plumbing Code).

Grease traps shall be maintained in efficient operating conditions by removing accumulated grease on a daily basis.

Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process.

Grease traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow-regulating device. Grease traps and their baffles shall be maintained free of all caked-on FOG and waste. Removable baffles shall be removed and cleaned during the maintenance process.

Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap.

(Ord. No. 852, § 2, 6-21-2018)

The city may require a FSE to construct and maintain in proper operating condition at an FSE's sole expense, flow monitoring, constituent monitoring and/or sampling facilities.

The location of the monitoring or metering facilities shall be subject to approval by the director.

FSEs shall during regular business hours, provide immediate and safe access to the public works director or inspectors to the FSEs' monitoring and metering facilities.

FSEs shall, upon request, submit to the public works director waste analysis plans, contingency plans, and other necessary information to verify they are in compliance with this chapter.

No FSEs shall increase the use of water or in any other manner attempt to dilute a discharge as a way of achieving compliance with this chapter or their FOG wastewater discharge permit.

(Ord. No. 852, § 2, 6-21-2018)

A. All FSEs shall implement BMP in accordance with the requirements and guidelines established by the city under its FOG control program in an effort to minimize the discharge of FOG to the sewer system.

B. All FSEs shall be required, at a minimum, to comply with the following BMP, when applicable:

1. Drain screens shall be installed on all drainage pipes in food preparation areas.

2. All waste cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles shall be maintained properly to ensure that they do not leak. Licensed

Wastehaulers or an approved recycling facility must be used to dispose of waste cooking oil.

3. All food waste shall be disposed of directly into the trash or garbage, and not in sinks.

4. Employees of the FSEs shall be trained within one hundred eighty days of the effective date of this chapter and twice each calendar year thereafter in the following areas:

a. How to dry wipe pots, pans, dishware and work areas before washing to remove grease.

b. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors.

c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled.

d. How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum.

C. 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 public works director or an inspector.

D. 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 properly.

E. BMP shall be posted conspicuously in the food preparation and dishwashing areas at all times.

(Ord. No. 852, § 2, 6-21-2018)

A. Grease interceptors shall be maintained in efficient operating condition by periodic removal of their full content, including wastewater, FOG, floating materials, sludge and solids.

No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities.

FSEs with grease interceptors may be required to submit data and information necessary to establish the maintenance frequency grease interceptors.

B. The maintenance frequency for all FSEs with a grease interceptor shall be determined in one 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 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.

2. All FSEs with a grease interceptor shall maintain their grease interceptor not less than every six months.

C. The city may mandate periodic cleaning if it finds that a FSE is not maintaining a grease interceptor in a manner in compliance with Section 12.50.230(B) above. The maintenance frequency may be adjusted when sufficient data have been obtained to establish an average frequency that will ensure compliance with Section 12.50.230(B) above. Based on the actual generation of FOG from a FSE, the maintenance frequency may increase or decrease.

D. A FSE may submit a request to the public works director requesting a change in the maintenance frequency at any time. The FSE has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG accumulation over time and meets the requirements of this Chapter and that it is in full compliance with the conditions of its permit and this chapter. Upon determination by the public works director that the requested revision is justified, the permit shall be revised accordingly to reflect the change in maintenance frequency.

E. If the grease interceptor, at any time, contains FOG and solids accumulation that does not meet the requirements of Section 12.50.230(B), the FSE shall be required to have the grease interceptor serviced immediately such that all FOG, sludge, and other materials are completely removed from the grease interceptor.

(Ord. No. 852, § 2, 6-21-2018)

A. Monitoring for Compliance with Permit Conditions and Reporting Requirements:

1. The public works director may require periodic reporting of the status of implementation of BMP, in accordance with the FOG control program.

2. The public works director may require visual monitoring at the sole expense of the permittee to observe the actual conditions of the FSEs' sewer lateral and sewer lines downstream.

3. The public works director may require reports for self-monitoring of wastewater constituents and FOG characteristics of the permittee needed for determining compliance with any conditions or requirements as specified in the FOG discharge permit or this chapter. Monitoring reports of the analyses of wastewater constituents and FOG characteristics shall be in a manner and form approved by the director. Failure by the permittee to perform any required monitoring, or to submit monitoring reports required by the public works director constitutes a violation of this chapter. The permittee shall be responsible for any and all expenses of the city in undertaking such monitoring analysis and preparation of reports required of permittee.

B. Record Keeping Requirements. The permittee shall be 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 two years. The permittee shall, upon request, make the manifests, receipts and invoices available to any city representative, or inspector. These records may include:

1. A logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices.

2. A record of BMP being implemented including employee training.

3. Copies of records and manifests of wastehauling interceptor contents.

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 public works director to ensure compliance with this chapter.

C. Falsifying Information or Tampering with Process. 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 chapter.

(Ord. No. 852, § 2, 6-21-2018)

A. The public works director may inspect or order the inspection and sampling of wastewater discharges of any FSE to ascertain compliance with this chapter. The FSE shall allow the city access to its premises, during normal business hours, for purposes of inspecting the FSE's grease control devices, BMP implementation, reviewing the manifests, receipts and other records required by this chapter.

B. The public works director shall have the right to place or order the placement on the FSE's property or other reasonable locations as determined by the director, such devices as are necessary to conduct sampling or metering operations.

(Ord. No. 852, § 2, 6-21-2018)

Persons on premises where wastewater is created or discharged shall allow the public works director or inspector, reasonable and safe access in order to carry out inspections authorized by Yreka Municipal Code Section 1.11.010.

(Ord. No. 852, § 2, 6-21-2018)

In the event a permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or the permittee has reasonable belief that its FSE's discharge will violate its FOG discharge permit or this chapter, the permittee or permittee's representative shall immediately notify the city by telephone at the number specified in the FOG discharge permit. If the material discharged has the potential to cause or result in sewer blockages or SS0s, the permittee shall immediately notify the county health department and the director.

Confirmation of this notification shall be made in writing to the public works director at the address specified in the permit no later than five 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 a recurrence.

Such notification shall not relieve the permittee of any expense, loss, damage or other liability that may be incurred as a result of damage or otherwise arising out of a violation of this chapter or other applicable law.

(Ord. No. 852, § 2, 6-21-2018)

A. Security Deposit. As a condition precedent to allowing any discharge into the city's sewer system, the city may require a permittee to make full payment of all fees and charges assessed under this chapter. In addition, a permittee may be required to deposit an amount equal to twice the annual FOG discharge permit fee if such permittee has a history of one or more prior delinquencies. The city may use such deposit to pay any future delinquent fees, charges and penalties imposed on the permittee.

B. Return of Security. In the event the permittee makes timely payment of all fees and charges incurred for three consecutive years, the city shall return the security deposit, without interest, to the permittee.

(Ord. No. 852, § 2, 6-21-2018)

A. Violations Deemed a Public Nuisance. The discharge of wastewater in a manner that is in violation of this chapter is hereby declared a public nuisance and may be abated. The public works director is empowered to make the determination that a public nuisance exists. The abatement of illegal discharges of wastewater under this chapter, which may take the form of a termination of service, permit suspension, permit revocation or other action, may arise out of any violation of this chapter, including, but not limited to, a determination by the public works director that a permittee:

1. Knowingly provided a false statement, representation, record, report, or other document to the city.

2. Refused to provide records, reports, plans, or other documents required by this chapter.

3. Falsified, tampered with, or knowingly rendered inaccurate any monitoring device or sample collection method.

4. Refused reasonable access to the FSE premises for reasons set forth in this chapter.

5. Failed to make timely payment of all amounts owed to the city for user charges, permit fees, or any other fees imposed by this chapter.

6. Caused SSOs or interference or sewer blockages with the city's sewer system.

7. Otherwise violated provisions of its FOG discharge permit or any provision of this chapter.

B. Damage to Facilities or Interruption of Normal Operations. Any person who discharges any waste which causes or contributes to any sewer blockage, SS0s, obstruction, interference, damage, or any other impairment to the city's sewer facilities or to the operation of those facilities shall be liable for all costs arising out of such discharge, including cleaning, repairing or any damages.

C. Emergency Suspension Order. The city may, by order of the public works director, direct that a FSE immediately cease and desist all discharges into the city's sewer system when the city manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents a potential imminent or substantial threat to the public health and welfare or which may cause SS0s, sewer blockages, or a violation of any state or federal law or regulation of the city. Any person notified such order shall immediately comply.

As soon as reasonably practicable following the issuance of an emergency suspension order, but in no event more than five business days following the issuance of such order, the city manager shall hold a hearing to provide the permittee the opportunity to present information and/or testimony in opposition to the issuance of the emergency suspension order. Such a hearing shall not stay the effect of the emergency suspension order. The city manager may issue a written decision, which decision shall be sent by first-class and certified mail to the permittee. The decision of the city manager following the hearing shall be final and not appealable to the city council.

D. All users of the city's system and facilities are subject to enforcement actions administratively or judicially by the city, U.S. EPA, State of California Regional Water Quality Control Board, or the County of Siskiyou. Said actions may be taken pursuant to the authority and provisions of several laws, including but not limited to: (1) Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) California Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5) California Government Code, Sections 54739-54740.

E. In the event the city is subject to the payment of fines or penalties pursuant to the legal authority and actions of other regulatory or enforcement agencies based on a violation of law or regulation or its permits, and said violation can be established by the city, as caused in whole or part by the discharge of any user of the city's system which is in violation of any provision of this chapter or the user's permit, the city shall be entitled to recover from such discharger all attributable costs and expenses, including, but not limited to, the full amount of said fines or penalties to which it has been subjected.

F. The City adopts by reference the provisions of California Government Code Sections 54740 - 54740.6 relating to the imposition of civil penalties and the filing of superior court actions and administrative complaints. As is further set forth therein, any person who violates any provision of this chapter or their permit can be subject to a fine of twenty-five thousand dollars per day for each day of the violation upon the city petitioning the superior court in accordance with Government Code Section 54740, Civil penalties attached to the filing of an administrative complaint can range from two thousand dollars to five thousand dollars per day as is further set forth in Government Code Section 54740.5. The fine limitations set out in Yreka Municipal Code Section 1.14.050 shall not apply to this chapter.

G. The provisions of Yreka Municipal Code Section 12.40.190 are hereby incorporated into this chapter by as the enforcement provisions of this chapter with the exception that Sections 12.40.190(1)(b) and (d) are deleted and there is substituted the following:

(b) Failure to comply with any applicable FOG discharge requirement and/or prohibitions contained in the Section 12.50.40 and/or the FOG control program requirements with respect to a FSE;

(d) Any failure to properly operate and maintain any grease control device or treatment control BMP with respect to an FSE imposed in an applicable FOG wastewater discharge permit, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any director, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the city attorney.

(Ord. No. 852, § 2, 6-21-2018)

Any person who violates any provision of this chapter or any provision of any requirement issued pursuant to this chapter may also be in violation of the Clean Water Act and/or the Porter-Cologne Act and may be subject to the sanctions of those acts including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability.

(Ord. No. 852, § 2, 6-21-2018)

A. The degree of protection required by this chapter is considered reasonable for regulatory purposes, and is based on scientific, engineering, and other relevant technical considerations.

B. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into waters of the United States.

C. This chapter shall not create liability on the part of the city, or any officer or employee thereof, for any damages that result from reliance on the code or any administrative decision lawfully made thereunder.

(Ord. No. 852, § 2, 6-21-2018)