Chapter 13.03 REGULATIONS TO PROHIBIT AND CONTROL THE DISCHARGE OF FAT, OIL AND GREASE INTO THE SANITARY SEWER COLLECTION SYSTEM

E. “Discharger” means any person or facility that discharges, or causes to discharge, either directly or indirectly, wastewater into the city’s sanitary sewer collection system.

F. “Environmental and water resources director” means the director of the environmental and water resources department of the city of Folsom or as otherwise directed by the city manager or his or her designee.

G. “Fats, oils, and greases” or “FOG” means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures established in the United States Code of Federal Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”

H. “Food grinder” means 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 city’s sanitary sewer collection system.

I. “Food service establishments” or “FSEs” means facilities that are dischargers and that prepare and/or package food or beverages for sale or consumption, on or off site, with the exception of private residences. FSEs include those establishments primarily engaged in activities of preparing, serving, or otherwise making food available for consumption by the public such as food packagers, grocery stores, bakeries, restaurants, commercial kitchens, caterers, hotels, schools, hospitals, prisons, correctional facilities, and care institutions. Examples of food preparation activities utilized by FSEs include the following: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. FSEs also include any establishment using infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing.

J. “Garbage” means solid wastes from preparation, cooking, and dispensing of food, and from handling, storage and sale of food products.

K. “Grease control device” means a grease interceptor, grease trap or mechanical grease removal equipment approved by the environmental and water resources director.

L. “Grease interceptor” means a large containment tank installed underground and designed to collect, contain or remove food wastes and grease particles from the wastewater prior to discharge into the sanitary sewer collection system. Grease interceptors primarily use gravity to separate FOG from the wastewater as it moves from one compartment of the interceptor to the next.

M. “Grease trap” means a device for separating and retaining grease prior to the wastewater exiting the trap and entering the sanitary sewer collection system. Such traps are typically compact under-the-sink units that are near food preparation areas.

N. “Grease waste” means waste removed from a grease control device.

O. “National Pollutant Discharge Elimination System permit” or “NPDES permit” means a permit issued by either the Regional Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code to control discharges from point sources to waters of the United States.

P. “New construction” means construction of a new structure that will include an FSE or modification of an existing structure or portion of an existing structure to accommodate an FSE or change in type of FSE that will significantly increase the potential for FOG production.

Q. “Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

R. “Plumbing official” means the building official or city employee designated by the city manager and who administers and enforces the provisions of the Uniform Plumbing Code. The plumbing official shall enforce the provisions of the Uniform Plumbing Code within the boundaries of the city of Folsom.

S. “Regional Board” means the California Regional Water Quality Control Board, Central Valley Region.

T. “Renovation” or “remodeling” means a physical change to an existing FSE that requires a building permit and involves any one or a combination of the following:

1. Plumbing;

2. Ventilation system;

3. Electrical system;

4. Any change in the size or type of food preparation equipment; and/or

5. To the cooking or restaurant facility.

U. “Sanitary sewer collection system” means the city-owned network of pipes, manholes, and pump stations that convey wastewater to SRCSD facilities.

V. “Sanitary sewer overflows” (SSOs) means a condition whereby untreated sewage is discharged to the environment, escaping wastewater treatment.

W. “SRCSD” means the Sacramento Regional County Sanitation District. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.020 Applicability.

The provisions of this chapter shall be applicable to all FSEs and other FOG-producing commercial/industrial businesses located within the incorporated area of the city that discharge either directly or indirectly into the city’s sanitary sewer collection system. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.030 Regulatory consistency.

The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this code. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.040 Compliance disclaimer.

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements related to sanitary sewers or industrial/commercial/retail waste discharge. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.050 Administration.

Except as otherwise provided herein, the environmental and water resources director or designee shall be responsible for the administration, implementation and enforcement of the provisions of this chapter. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.060 Disclaimer of liability.

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. 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 the waters of the United States. 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 this chapter or any administrative decision lawfully made thereunder. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.070 Permitted discharges.

Wastewater may be discharged to the sanitary sewer collection system; provided, that such discharge is not prohibited by this chapter and conforms to all other requirements of this code, the current SRCSD sewer use ordinance, and all other applicable statutes, regulations, ordinances or other governmental requirements; and further provided, that all applicable city and SRCSD fees and sewer use charges are paid. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.080 Prohibited discharges.

It shall be unlawful for any FSE to discharge or cause to be discharged any of the following to the sanitary sewer collection system except as specifically authorized by other provisions of this code:

A. FOG in amounts, either alone or in combination with other discharges, that cause:

1. Any visible sheen on the surface of the discharged wastewater;

2. Any build-up of grease in any portion of the sanitary sewer collection system; or

3. Any obstruction of the sanitary sewer collection system.

B. Any discharge from a food grinder for a new or remodeled FSE.

C. Any water or waste having a pH lower than five or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel and sewer pipes.

The foregoing discharge prohibitions are not exclusive and shall be in addition to any prohibitions or requirements specified in any other provision of this code or by any other applicable statute, regulation, ordinance, law, or other governmental requirement. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.090 Grease control devices.

All FSEs must install, operate, and maintain a grease control device if they meet any of the following provisions:

A. New construction.

B. Renovation or remodeling that alters the existing plumbing at or below grade of the existing finished floor or alters the use, occupancy or function of the space, which would contribute to the production of fats, oils and grease.

C. When deemed necessary by the environmental and water resources director to protect public health or safety or reduce/eliminate FOG.

D. If the FSE has a prohibited discharge.

E. If the FSE is deemed by the environmental and water resources director to contribute to or have reasonable potential to be the cause of an SSO.

F. If there is a change in land use which change has the potential to significantly increase FOG production and/or make a prohibited discharge of FOG reasonably foreseeable without a grease interceptor.

Grease control devices shall meet minimum design and performance requirements of the latest edition of the Uniform Plumbing Code and the California Plumbing Code as well as satisfying all requirements as designated by the environmental and water resources director. Grease control devices must be approved by the environmental and water resources director, in writing, prior to construction and installation. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.100 Conditional waiver.

An FSE may apply to the environmental and water resources director, in writing, for a conditional waiver of the requirement to install an approved grease control device.

A. The environmental and water resources director may approve such conditional waiver if the FSE demonstrates to the environmental and water resources director’s satisfaction that the FSE does not generate FOG, and/or causes FOG deposition in the sanitary sewer collection system. The conditional waiver shall include the following information:

1. An independent study by an engineering firm recommending that a grease control device is not necessary.

2. A description of the FSE’s best management practices (BMPs) which include:

a. BMPs based on a set menu that is not subject to change.

b. Employee training on proper food preparation, handling, serving and cleaning.

c. BMP signage posted throughout the restaurant for employees to refer to.

d. BMP training log, maintenance logs, and records available for city staff to review.

B. If the content of the menu changes or the operation and/or maintenance of the restaurant changes, the FSE shall notify the city. Changes in the menu or operations and/or maintenance of the restaurant may require the installation of a grease control device.

C. Cooperation with the city of Folsom’s inspector and wastewater division to perform restaurant inspections and closed circuit television inspection of the FSE’s sewer lateral.

D. The environmental and water resources director may revoke this conditional waiver and require that an approved grease control device be installed at any time:

1. If the FSE discharges FOG or causes the discharge of FOG into the sanitary sewer collection system;

2. If the environmental and water resources director determines that any SSO, stoppage, interruption, or reduction of flow in the sanitary sewer collection system has resulted in whole or in part from discharge(s) by the FSE; or

3. If the environmental and water resources director determines that the conditional waiver should be revoked to protect public health and safety. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.110 Exception to allow alternative grease control device.

An FSE may apply for an exception to allow installation of a grease control device other than a grease interceptor, and the environmental and water resources director may approve such exception if the FSE demonstrates to the environmental and water resources director’s satisfaction that installation of a grease interceptor is not feasible due to space constraints, utility interferences, inadequate slope of wastewater drainage lines, or other considerations. Alternative grease removal devices must be approved by the environmental and water resources director and include, but are not limited to, features that trap, separate and hold grease and be of a design that is equal to or more effective than an acceptable grease control device. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.120 Maintenance of grease control devices.

A. All FSEs are required to utilize a grease waste hauler to pump grease waste from the grease interceptor and to lawfully dispose of the grease waste. Grease waste shall not be disposed of in the sanitary sewer collection system or storm drains.

B. The FSE, at its sole cost and expense, shall properly utilize, clean and maintain the grease control device in good and efficient working order at all times.

C. The FSE shall immediately correct any problem with a grease control device including, but not limited to, plugging, overflow or spillage from the device, improper operation, noncompliance with cleaning schedule, damaged or nonfunctioning features of the device, excessive accumulation of grease or solids, or other problems that resulted in or could result in a prohibited discharge or SSO. The manager or owner of an FSE shall notify the environmental and water resources director in writing of the problem and corrective action within five days of the discovery of the problem.

D. The FSE shall 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 three years. The FSE shall, upon request, make the manifests, receipts and invoices available to environmental and water resources director, or any authorized inspector that has jurisdiction under any local, state or federal water quality statutes, ordinances or regulations. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.130 Prohibition of food grinders.

Food grinders are prohibited in new or remodeled FSEs. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.140 Scope of inspections and monitoring.

A. In the event of an emergency situation that poses an immediate threat to life, health, safety, or general welfare occurring at an FSE relating to activities covered by this chapter, the environmental and water resources director may enter upon private property to eliminate, abate, clean up and dispose of a prohibited discharge or grease waste.

B. The environmental and water resources director may enter upon private property during regular business hours to investigate the source of any prohibited discharge to the sanitary sewer collection system or to verify compliance with the provisions of this chapter, including, but not limited to, the following:

1. Operation and maintenance of grease control devices.

2. Prohibition of the use of food grinders.

3. Inspection of any vehicle, truck, trailer, tank truck or other mobile equipment that may have the ability to discharge to the municipal sewer system.

4. Erection and maintenance of monitoring and sampling devices for the purpose of measuring any discharge to the city sanitary sewer collection system.

5. Inspection, review and copying of all records of the FSE relating to preventing prohibited discharges to the sanitary sewer collection system. This may include, but is not limited to, operation, inspection, maintenance and cleaning records related to grease control devices and grease waste pumping manifests.

6. Inspection, sampling and testing of any discharge to the city sanitary sewer collection system for the purpose of determining the potential for a prohibited discharge. The investigation of the integrity of all grease control devices. The taking of photographs or videotape, measurements or drawing, and creation of any other record reasonably necessary to document conditions on the premises. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.150 Enforcement.

Violations of this chapter shall constitute a public nuisance. The provisions of this chapter shall be administered and enforced within the city by the environmental and water resources director or other staff and enforcement officials designated by the environmental and water resources director. The remedies set forth herein are cumulative to any other remedy available to the city. Nothing contained herein shall limit or be deemed to prevent the city from pursuing any other available remedy under this code or any other applicable law. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.160 Penalties.

A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020. In addition to enforcement by any procedure set forth in Chapters 1.08 to 1.10, inclusive, any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. Violations of the provisions of this chapter shall be deemed Level E violations, as defined in Section 1.09.012. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.170 Enforcement procedures, notice to correct.

A. Prior to the suspension, revocation, or denial of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Chapter 1.09. The rights to judicial review set forth in Sections 1.09.050 to 1.09.052, inclusive, shall apply.

B. A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 to 1.10, inclusive. Pursuant to Section 1.09.024, a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.180 Abatement.

A. Any person engaged in activities which cause, allow, facilitate or result in a prohibited discharge shall bear all costs incurred by the city as a result of such prohibited discharge including but not limited to the cost of abatement, cleanup and disposal.

B. The environmental and water resources director will keep an account of the administrative, labor, equipment and other costs of abatement, cleanup and recovery. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.190 Regulatory actions.

Any person determined to be in violation of this chapter shall bear all costs incurred by the city resulting from, or related to any correction and/or enforcement of a violation of this chapter or the payment of monetary sanctions, or both. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.200 Discontinuance of service.

A. In addition to all of the remedies provided in this chapter, violations of the provisions of this chapter may result in disconnection of the premises from the water or the sanitary sewer collection system by the environmental and water resources director.

B. Prior to such discontinuance of service the owner of the real property to which the service was rendered shall be served with written notice from the environmental and water resources director stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

C. When service has been disconnected as provided in this section, the environmental and water resources director may require that the person requesting that such service be reestablished furnish a bond or deposit equal to five times the city’s cost to cause the disconnection, rectify problems caused by the prohibited discharge, and complete the reconnection, payable to the city and conditional upon compliance with the provisions of this chapter, before granting permission to make such connection.

D. The person making application for such reestablishment of service shall pay all expenses incurred by the city in causing such disconnection and reconnection before such permission may be granted. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)