Chapter 13.22 FATS, OILS, GREASE AND SAND

The purpose of this chapter is to facilitate maximum beneficial use of the city’s sewer services and facilities while preventing blockages and overflows of the sewer lines resulting from discharges of fats, oils, grease (FOG), sand and other insoluble waste into the public sewer. This chapter specifies FOG and insoluble waste discharge requirements and prohibitions for food service establishments (FSEs), commercial and industrial businesses, and other entities with potential to introduce FOG and insoluble waste into the city’s public sewer collection system.

The chapter provides for city inspections and enforcement and requires FOG and insoluble waste dischargers to participate in the city’s FOG control program and obtain a FOG waste discharge permit as a condition of waste discharge into the city’s public sewer collection system.

The provisions set forth in this chapter allow the city to meet applicable standards designed to ensure compliance with federal, state, and local laws and regulations.

The objective is to eliminate FOG and insoluble waste-related sanitary sewer obstructions, blockages and overflows; improve sanitary sewer manhole, pipe and lift station conditions; decrease sewer maintenance and treatment costs; prevent residential and commercial property damage and protect the environment. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.110 Applicability.

This section applies to all “food service establishments” (FSEs), “food manufacturer/processors” (FM/Ps), commercial and industrial businesses and other entities with potential to discharge wastewater containing fats, oils, grease, sand or other insoluble waste to the city sanitary sewer system including, but not limited to, restaurants, grocery stores, meat markets, hotels, factory and office building cafeterias, public and private schools, hospitals, commercial day care centers, and churches, located within the city’s public sewer collection system.

Commercial and industrial businesses covered by this section include, but are not limited to, oil, sand, grit and insoluble waste dischargers such as automotive repair businesses, car washes, and commercial trash enclosures within the city’s public sewer collection system.

This chapter shall become effective on the effective date of the ordinance codified in this chapter and is intended to complement, rather than supersede, the provisions of city building codes and regulations applicable to installation and operation of grease capturing equipment. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.120 Definitions.

The following definitions shall apply to this chapter. Where terms are not defined, the definitions in Chapter 13.12 shall apply.

A. “Best management practices” (“BMPs”) means operational activities, prohibitions, maintenance procedures, and other management practices to prevent or reduce the direct or indirect introduction of FOG and insoluble waste into the public sewer. BMPs shall implement the regulations and prohibitions of this chapter, state and federal law, and any authorizations and permits issued by the city of Half Moon Bay to control discharge and disposal of FOG and insoluble waste.

B. “Change in operations” means any change in the ownership, food types or operational procedures that have the potential to change the amount of FOG discharged.

C. “Collection system” means portions of the public sewer consisting of all pipes, sewers and conveyance systems conveying wastewater to the publicly owned treatment works (POTW), excluding privately owned sewer service lateral line connections.

D. “Commercial and industrial businesses” means entities engaged in business for profit and entities engaged in manufacture, service and repair. For purposes of this section, commercial and industrial businesses that have potential to introduce FOG and insoluble waste into the city’s collection system would include, but not be limited to, car washes. Dental offices and facilities with trash enclosures not associated with a FOG producer will be handled under the NDWSCP facilitated by Sewer Authority Mid-Coast.

E. “Director” means the public works director, or such director’s designee.

F. “Fats, oils and grease” (“FOG”) means grease, oil, fat or other ether soluble matter derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules, and shall include each of the following two types:

1. Dispersed grease, which means grease which is not floatable grease;

2. Floatable grease, which means grease which floats on the surface of quiescent sewage water or other liquid or which floats upon dilution of the liquid with water and includes any waste containing quantities or concentrations of dispersed biodegradable fats, oils, and greases.

G. “FOG control program” (“FOGCP”) means the city’s program to administer the requirements of this chapter and the general waste discharge requirements of the State Water Resources Control Board Order No. 2022-0103-DWQ.

H. “FOG wastewater discharge permit” (“FOG WDP”) means a permit issued by the city to a person or entity subject to the requirements of this chapter authorizing the wastewater discharger or permittee to discharge wastewater into the city’s public sewer collection system subject to and in compliance with the terms, conditions, and criteria of the FOG control program as set forth in this chapter.

I. “Food manufacturer/food processor” (“FM/P”) means any entity utilizing the city’s public sewer collection system for operation in a permanently constructed structure, maintained, and used or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for consumption by the public or for sale to other entities, its members, or employees.

J. “Food service establishment” (“FSE”) means a nonresidential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including, but not limited to, restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption.

A limited food preparation establishment is not considered an FSE when engaged only in reheating, hot holding, or assembly of ready to eat food products, provided that there is no wastewater discharge containing FOG.

K. “Food grinder” or “garbage grinder” or “garbage disposal” means any device installed in the plumbing or sanitary sewage system for the purpose of grinding food waste or food preparation byproducts for the purpose of disposing into the city’s public sewer collection system.

L. “Grease control device” (“GCD”) means any grease interceptor, grease trap, or other mechanism, device, or process, which is attached to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG-laden wastewater prior to its discharge into the city sewer system. “Grease control device” also includes any other city-approved method to reduce FOG. Grease control devices must be sized in accordance with the California Plumbing Code and this chapter.

M. “Grease/sand interceptor” means a city-approved multicompartment device that is required to be located, as according to the California Plumbing Code, between a wastewater discharger and the discharger’s connection to the city sewer system. These devices primarily use gravity to separate FOG and sands from the wastewater as it moves from one compartment to the next. Grease and sand interceptors must be cleaned, maintained, and have the FOG and solids removed and disposed of in accordance with the terms and conditions of this chapter and the city’s FOG waste discharge permit.

N. “Grease trap” means a city-approved grease control device that is used to serve individual fixtures. Grease traps must be cleaned, maintained, and have the FOG and solids removed and disposed.

O. “Limited food preparation establishment” means an FSE that engages only in reheating, hot holding, or assembly of ready to eat food products.

P. “Property owner” means a person or entity owning property where a grease interceptor is present that is or has potential to serve one or more FSEs.

Q. “Remodeling” means a physical change or operational change that potentially increases the amount of FOG, sand or solid waste discharged to the city’s sewer system by the wastewater discharger.

R. “Public sewer collection” means the network city owned and operated pipes, pumping stations, and appurtenances that convey sewage from private connections to the wastewater treatment plant.

S. “Waste discharger,” or “discharger” means any owner, tenant, entity, or person receiving public sewer collection service from the city.

T. “Waste hauler” means any person or entity that collects the contents of a grease control device for the purpose of transporting it to a recycling or disposal facility. A waste hauler may also provide grease control device maintenance services.

U. “Yellow grease” means used cooking oil, used vegetable oil, recycled vegetable oil, or waste vegetable oil. In restaurants, it is often used oil from deep fryers and griddles. (Ord. C-2023-03 §2 (Att. A), 2023).

ARTICLE II. PROHIBITIONS AND REGULATIONS

13.22.200 Prohibitions.

Every owner, tenant, entity, or person receiving public sewer collection service from the city shall have a duty to not cause, permit or allow the accumulation of FOG in the city sewer system. Such persons and entities shall use industry best management practices and city-approved methods to reduce FOG accumulation in the city public sewer collection system and shall adhere to the following prohibitions:

A. Disposal of fats, oils and grease, or any food waste containing fats, oils and grease, directly into drains leading to the sewer system is prohibited.

B. Discharge of yellow grease, or any waste or mixed material mixed with yellow grease, into the sanitary sewer system from a food service establishment is prohibited. No yellow grease from a food service establishment shall be mixed with grease trap or grease interceptor waste.

C. Introduction of any additives into the wastewater collection system for the purpose of emulsifying FOG or biologically or chemically treating any substance introduced into any wastewater system for purpose of treatment or pretreatment of wastewater, unless a specific written authorization by the public works director is obtained, is prohibited.

D. Disposal of insoluble waste from trash or materials enclosure into the sanitary sewer system without an approved oil and sand separator is prohibited.

E. Installation of food grinders (or garbage grinders) in any new construction or renovation of a structure designed to house an FSE or FM/P is prohibited. All FSEs that undergo a change in operations or remodeling shall remove any existing food grinders concurrent with such change or remodeling, except as otherwise expressly allowed by the public works director.

F. Discharge of wastewater from commercially operated dishwashers or food grinders (or garbage grinders) to sewer pipes conveying wastewater to an interceptor or any other grease capturing equipment is prohibited unless such connections or modifications to existing units are approved and issued a building permit by the city.

G. Discharge of wastewater at temperatures in excess of one hundred forty degrees Fahrenheit to or through any grease capturing equipment is prohibited.

H. Operation of sand and grease interceptors/traps if the unit has accumulated waste and/or solids, including FOG, food solids, sand or other insoluble materials, accounting for twenty-five percent or more of its wetted depth measured from the static water level to the interior tank bottom, with FOG and solids accumulation, exceeding twenty-five percent of the total operating depth of the grease interceptor/trap is prohibited.

I. Discharge of any FOG or any other solid materials removed from the grease control device to the public sewer collection system is prohibited. Grease removed from grease interceptors shall be waste hauled to an approved disposal site as part of the operation and maintenance requirements for grease interceptors.

J. Connection of non-grease-laden sources of wastewater to a sewer line intended for grease interceptor service is prohibited. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.210 Best management practices (BMPs) required.

All FSEs, commercial and industrial businesses and other entities with the potential to introduce FOG or insoluble waste into the city’s public sewer collection system shall implement best management practices (BMP) in their operations, in accordance with the requirements and guidelines established by the city’s FOG control program, to minimize the discharge of FOG, sand and other insoluble waste to the grease control device and/or the public sewer. This may include facility and kitchen practices and employee training that are essential to minimizing FOG and insoluble waste discharge. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.220 FOG wastewater discharge permit (FOG WDP) required.

A. All FSEs, commercial and industrial businesses and other entities with the potential to introduce fats, oils, grease, sand or other insoluble waste into the city’s public sewer collection system shall participate in the city’s FOG control program as described in Article VI of this chapter.

B. No person shall discharge, or cause to be discharged, any wastewater from FSEs, commercial or industrial businesses, or other entities, directly or indirectly into the public sewer without first obtaining a FOG wastewater discharge permit (FOG WDP) pursuant to this chapter and the city’s FOG control program. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.230 Pretreatment required.

A. FSEs and commercial and industrial businesses discharging FOG into city’s sewer system shall install, operate, properly maintain and service approved types and adequately sized grease control devices (GCD) in accordance with this section, and any permits, authorizations, rules and regulations issued by the public works director, the FOG WDP outlined in Article VI of this chapter, and applicable building codes and regulations. All fixtures, equipment and drain lines located in food preparation and clean up areas that are potential sources of FOG discharge shall be connected to a grease control device.

B. All FSEs and business establishments shall properly store and recycle or dispose of fats, oils and grease diverted from their liquid waste streams in accordance with all laws and regulations applicable to such storage, recycling and disposal.

C. Commercial and industrial businesses discharging sand and grit into city’s sewer system shall install, operate, properly maintain and service approved types and adequately sized sand and grit control or grease control devices (GCD) in accordance with this section, and any permits, authorizations, rules and regulations issued by the public works director, the FOG WDP outlined in Article VI of this chapter, and applicable building codes and regulations.

D. All wastewater dischargers must at all times comply with the provisions of this section, all other applicable local, state and federal laws, including but not limited to applicable provisions of the San Mateo County health and building and plumbing codes, and applicable rules, regulations, permits and authorizations issued by the city of Half Moon Bay. (Ord. C-2023-03 §2 (Att. A), 2023).

ARTICLE III. GREASE AND SAND/GRIT CONTROL DEVICES

13.22.300 Installation of grease, oil and sand control devices (common areas and shared facilities).

A. Except as provided for in Sections 13.22.380 and 13.22.390, any structure designed for or intended to be used for an FSE or FM/P must have an approved grease interceptor/trap installed prior to discharging any wastewater into the city’s public sewer collection system.

B. Property owners of new construction of a commercial structure designed to house multiple tenants on a single parcel shall be responsible to install and maintain a single grease interceptor to serve each individual tenant unless a property owner demonstrates to the public works director that it is not practically possible to install and maintain a single grease interceptor to serve each individual unit located in the structure in which case the public works director has the discretion to approve a plan for such structure providing for more than one grease interceptor or a combination of grease interceptors to service such property, which approval shall be in writing. Said approved plan shall include the minimum number of grease interceptors that can reasonably serve the structure and shall specifically include service for all approved grease interceptors.

C. The owner of any structure occupied by one or more FSEs or FM/Ps shall be jointly and severally liable with the owner of each FSE or FM/P served by any grease interceptor for the servicing and maintenance of that grease interceptor and for any servicing and maintenance required of any wastewater facility located downstream from said structure to remove any accumulations of FOG therefrom if the owner or FSE is found to be noncompliant with the provisions of this chapter and/or to have contributed to the partial or complete obstruction of a wastewater facility located downstream.

D. The public works director may require existing FSEs or FM/Ps and owners of structures in which such FSE or FM/Ps are located which have been identified as introducing FOG into any portion of the city’s public sewer collection system, and which introduction of FOG, in whole or in combination with other FOG contributors, has been responsible for causing the need for the city to clean such portion of the wastewater system more than once in a single calendar year to install grease interceptors or other FOG equipment as deemed necessary to comply with this section. Such installation shall be completed and operational within one hundred eighty days of notice by the public works director. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.310 Grease, sand and grit control device type, sizing and location.

A. Any food service establishment, or other type of business or establishment where grease or other viscous, obstructing, or objectionable materials may be discharged into a public sewer shall have a grease control device and related plumbing of a size and design approved by the public works director or designee.

B. Waste discharge from fixtures and equipment in establishments which may contain grease or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks, food waste disposals, soup kettles, and floor drains located in areas where such objectionable materials may exist, shall be drained into the public sewer collection system through the grease control device unless otherwise approved by public works provided, however, that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through the grease control device.

C. Automatic dishwashers may only be connected to grease control devices on a case-by-case basis as approved by the public works director.

D. Trash enclosures, car washes, automotive repair businesses and other facilities where grit, oil or other objectionable materials may be discharged into a public or private sewage main or disposal system shall have a sand control device and related plumbing of a size and design approved by the public works director or designee.

E. The city reserves the right to make determinations of grease and sand control device size, adequacy, location and need, based on building code requirements and review of relevant information, including, but not limited to, grease trap and/or interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs.

F. Grease and sand interceptors shall meet the following minimum requirements:

1. All FSEs and commercial and industrial entities with the potential to discharge FOG, sand or grit into the city’s public sewer collection service area are required to have a minimum one thousand gallon grease/sand interceptor. Larger interceptors shall be sized according to the latest building/plumbing codes and shall provide at least thirty minutes of retention time.

G. Grease traps are allowed on a case-by-case basis only. Upon approval of the public works director, grease traps shall meet the following minimum requirements:

1. The maximum allowable size of grease trap shall be flow rate of twenty-five gpm (or fifty pounds grease retention). City will provide the size requirements;

2. Type of grease trap shall be hydromechanical grease device, conforming to ASME A12.14.3 or PDI-G 101 and type/brand shall be approved by the public works department and the city building department official and installed per manufacturer’s specifications; and

3. Traps must meet applicable requirements of the state plumbing and building codes.

H. Each grease/sand interceptor shall be so installed and connected that it shall be at all times easily accessible for inspection, sampling, cleaning and removal of grease, and other matter from all surfaces. The public works director or their agent will approve locations of all grease/sand interceptors by acknowledging and signing the design plans.

I. Discharger shall not install any device without the approval of the public works director and the issuance of a building permit.

J. A grease control device should be situated on the wastewater discharger’s premises except when such a location would be impractical or cause undue hardship on the wastewater discharger. The city may, subject to the issuance of an encroachment permit by the city, allow the device to be installed in the public street or sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.320 Maintenance and operation of grease and sand control devices.

A. Maintenance and Cleaning of Grease and Sand Interceptors. The twenty-five percent rule requires that the depth of oil and grease (floating and settled) in a sand or grease interceptor shall be less than twenty-five percent of the total operating depth of the interceptor. The operating depth of the interceptor is determined by measuring the internal depth from the outlet water elevation to the bottom of the interceptor.

B. Disposal. In the maintaining and routine cleaning of grease interceptors and any other grease control device, the owner of the FSE or FM/P and the owner of the structure in which it is located, if different from the owner of the FSE or FM/P, shall be jointly responsible for the proper removal and disposal by appropriate means of the captured material. If not performed by personnel under the direct control and direction of any such owner/manager, such removal and haul shall be performed by currently licensed waste disposal haulers.

C. Outdoor Grease and Sand Interceptors. Maintenance of outdoor grease and sand interceptors shall be performed as frequently as necessary to protect the public sewer collection system against the accumulation of FOG and insoluble wastes. Maintenance shall be performed as determined by inspection and application of the twenty-five percent rule. Inspection and maintenance shall be performed at least every ninety days.

D. Indoor Grease Traps. Maintenance of indoor grease traps shall be performed as frequently as necessary to protect the public sewer collection system against the accumulation of FOG and insoluble wastes. Maintenance shall be performed as required by inspection and/or sampling. Maintenance shall be performed at least every fourteen days.

E. Maintenance Process. Maintenance process shall include the following minimum services:

1. Complete removal of all grease interceptor or trap contents rather than skimming the top grease layer;

2. Thorough cleaning of the grease interceptor or trap to remove grease and scum from inner walls and baffles;

3. Filling cleaned interceptor or trap with cold potable water;

4. Completing waste hauler’s section of the grease disposal manifest form and delivery to waste disposal site along with the grease interceptor or trap waste;

5. Top skimming, decanting or back flushing of the grease interceptor or trap or its contents for the purpose of reducing the volume of waste to be hauled is prohibited. Vehicles capable of separating water from grease shall not discharge separated water into the grease trap or into the public sewer collection system.

F. Maintenance Modifications. Food service facilities which operate infrequently or only for special events may request a modification to the maintenance schedule specified above. The public works director may authorize a maintenance frequency related to the operation of the food service facility. The food service facility shall submit a request for a modified maintenance schedule which includes all details of operation for the public works director to review.

G. Disposal. The wastewater discharger shall be responsible for the proper removal and disposal of the grease interceptor or trap waste. All waste removed from each grease interceptor or trap must be disposed of properly at an appropriate facility designed to receive grease interceptor or trap waste. No grease interceptor or trap waste shall be discharged into any city sanitary or storm sewer system.

H. Maintenance Log. The user shall be responsible for retaining a maintenance log with records of the maintenance of grease interceptors and traps including manifests, permits, permit applications, correspondence, sampling data and any other documentation that may be requested by the city. This log shall include the dates of service, volume of waste removed, waste hauler, and disposal site of waste. These records shall be kept on site at the location of the grease interceptor or trap for a period of three years and are subject to review without prior notification. Wastewater dischargers shall maintain records on site for a period of at least three years as follows:

1. Wastewater dischargers with an installed grease control device shall maintain records showing that the control device has been properly maintained and cleaned as required by this section; and

2. Food service establishments shall maintain records showing the following related to all grease hauled off site: date and time material removed off site; volume removed; hauler name; truck license number; type of grease removed; and final destination of material collected. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.380 Exception from grease interceptor/trap requirements.

A. If the owner of any FSE or FM/P or of any structure in which an FSE or FM/P is located or is to be located demonstrates to the reasonable satisfaction of the public works director that installation of a grease interceptor/trap is not feasible, the public works director may grant an exception allowing such owner to install grease traps or other alternative treatment technology which will in the discretion of the public works director adequately control the release of FOG from the FSE or FM/P or the structure into the public sewer collection system. The FSE or FM/P bears the burden of demonstrating that the installation of a grease interceptor/trap is not feasible. The request for an exemption shall include the following information if relevant:

1. Evidence of a lack of available exterior space necessary to place an interceptor/trap relative to the location of sewer main and easement;

2. Evidence of a lack of adequate slope for gravity flow between kitchen plumbing fixtures in the FSE or FM/P and the wastewater facilities;

3. Description and specifications of the alternative grease control equipment that will be installed and evidence that the alternative pretreatment technology is equivalent to or better than a grease control device in controlling its FOG discharge;

4. Evidence that the size, available seating or type of food preparation does not generate any significant volume of FOG; and

5. 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 public sewer collection system at its own expense. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.390 Waiver from pretreatment requirements.

A. A waiver from installation of a grease or sand control device may be granted to an FSE that has been determined to have negligible FOG discharge and insignificant impact to the city’s public sewer collection system. The city’s determination to grant or revoke a waiver shall be based upon, but not limited to, evaluation of the following conditions:

1. City determination of quantity of FOG discharge as measured or as indicated by the size of the FSE based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions that show contribution to FOG discharges;

2. City determination that adequacy of implementation of BMP and compliance history are sufficient;

3. City determination that sewer size, slope, condition based on visual information, FOG deposition in the sewer by the FSE, and history of maintenance and sewage spills in the receiving sewer system;

4. City determination that the changes in operations significantly reduce FOG discharge; and

5. Any other condition the city deems reasonably related to the generation of FOG discharges. (Ord. C-2023-03 §2 (Att. A), 2023).

ARTICLE IV. INSPECTIONS AND COMPLIANCE

13.22.400 Inspections and right to enter.

A. The city shall have the right to enter and inspect each FSE, commercial or industrial premises, or property owner’s common use grease interceptor for announced or unannounced inspections. The city shall have access to all facilities and records necessary for determining compliance with this chapter. An inspection may include a review of all logs and documentation, inspection of all kitchen facilities, and inspection of any and all grease and sand control devices and appurtenant plumbing on the premises.

B. Each person or business subject to this chapter shall allow the director reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the FSE is open, operating, or any other reasonable time. No persons or occupants of premises shall interfere with, delay, resist or refuse entrance to the director attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the public sewer. In the event of an emergency involving an actual or imminent SSO, the director may access adjoining businesses or properties that share a public sewer with an FSE in order to prevent or remediate the actual or imminent SSO.

C. In addition to the authority set forth herein, the director may order the sampling of the wastewater discharges of any FSE to ascertain whether the intent of these regulations is being met and the permittee is complying with all requirements. The permittee shall allow access to the FSE premises, during normal business hours, for purposes of sampling the FSE’s grease control devices or interceptor, and reviewing all records required to be kept pursuant to Section 13.22.692.

D. The director shall have the right to place or order the placement on the FSE’s property, or other locations as determined by the director, such devices as are necessary to conduct sampling or metering operations. Where an FSE has security measures in force, the permittee shall make necessary arrangements so that the director and/or an inspector shall be permitted to enter without delay for the purpose of performing their specific responsibilities.

E. Additionally, in order for the director to determine the wastewater characteristics of the wastewater discharger for purposes of determining compliance with FOG WDP requirements, the permittee shall make available for inspection and copying by the director all records required to be kept pursuant to Section 13.22.692.

F. The city or its agent will perform periodic inspections of these facilities and shall notify the user of any additional required maintenance or repairs. Upon written notification by the city or its agent, the wastewater discharger shall be required to perform the maintenance and produce records of said maintenance to the city within fifteen calendar days.

G. Upon inspection by the city or its agent, the wastewater discharger may be required to install, at their expense, additional controls to provide a complete system which prevents discharges of FOG and other undesirable materials into the public sewer collection system. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.410 Compliance and enforcement.

A. Compliance with the FOG control program shall be evaluated based on the following criteria:

1. All food service establishments that are implementing and documenting BMPs, including employee training and kitchen procedures, and performing and documenting grease and sand retention unit cleaning at the required frequency will be considered to be in compliance with this chapter.

B. In the event that a wastewater discharger’s grease interceptor or other grease removal device fails a visual inspection, effluent sample analysis or the discharger cannot provide adequate maintenance records, the discharger shall be given written notice of non-compliant condition. Discharger shall take immediate steps to bring the facility into compliance. The discharger will have a maximum of fifteen calendar days from the date of the first notice to respond and correct the violation. If the discharger does not correct the violation within this time, a second violation will be issued. The discharger will have a maximum of ten calendar days from the date of the second notice to respond and correct the violation. When three (or more) violations of the FOG program have been committed and remain uncorrected within the specified time limit, the city may commence enforcement actions pursuant to the provisions of Title 4 (Code Enforcement).

C. An owner of a building, a tenant and/or an agent representing the owner subject to this chapter who fails to comply with any of the requirements of this chapter shall be subject to enforcement pursuant to the provisions of Title 4 and any other enforcement provisions authorized by the California Building Code or related codes.

D. For failure to pass the FOG inspection due to lack of or ineffective FOG equipment the public works director may require the subject FSE or FM/P to install additional FOG equipment as necessary to resolve the problem. (Ord. C-2023-03 §2 (Att. A), 2023).

ARTICLE V. REMEDIAL REPAIR AND ABATEMENT

13.22.500 Charge for remedial repair of city collection system.

A. When an obstruction and/or sanitary sewer overflow (SSO) occurs, the records of all FSE or FM/P that discharge to the affected sanitary sewer line may be reviewed in order to determine the responsible party. Any FSE or FM/P found to be in noncompliance with the required grease retention unit cleaning frequency shall be deemed a responsible party for cost recovery pursuant to the provisions of Title 4, and also subject to Chapter 13.40, as applicable. Cost recovery can include, but not be limited to, the costs of cleaning and abatement. Payment of cost recovery does not preclude further enforcement actions for noncompliance.

B. In the event that the owner of an FSE or FM/P or the owner of any structure in which an FSE or FM/P is located is found to have contributed to the partial or complete obstruction of a wastewater facility resulting from the discharge of wastewater or waste containing FOG and that the city is required to act immediately to control a public health hazard because of such blockage, such owner shall be required to reimburse the city for all costs of abating such condition pursuant to the provisions of Title 4. In situations where there are multiple owners identified as contributing to FOG causing such obstruction, the public works director will apportion the cost of the cleanup, maintenance or repair costs on a prorated basis, based on each owner’s percentage share of the average total sanitary sewer charges for all such owners. Further, should inspection, testing or other sampling activity by the city confirm that any user is contributing excessive FOG (including other harmful ingredients) and is causing the repair or extraordinary maintenance activity to maintain the integrity of the system, the public works director may require retrofitting of the structure with grease interceptors or grease traps, including testing facilities and access thereto sufficient to resolve the problem.

C. The costs for curing any private sewer lateral failures and sewer system overflows, including cleaning and other maintenance, caused in whole or in part by FOG introduced into the public sewer collection system by any FSE or FM/P, alone or in conjunction with any other party, are the responsibility of the owner of the FSE or FM/P and the owner of any structure in which the FSE or FM/P contributing the FOG to wastewater system is located.

D. In the event it is determined that a specified entity or entities have been the cause of a sanitary sewer overflow (SSO) and the city has been fined by the state water quality control board, the property owner shall be responsible for payment of state water quality control board fees and fines. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.510 Notice of abatement.

A. The city has the right to abate any violation of this chapter and to charge the violating wastewater discharger or responsible person or entity for damages caused by a prohibited discharge of FOG to the city’s public sewer collection system. Provided that the city can demonstrate upon reasonable proof that an FSE or responsible person or entity caused FOG build-up or another violation of this chapter such that the city’s public sewer collection system or appurtenance is damaged or such that a sewer overflow occurs, or that a sewer overflow is imminent, city shall have the right to serve a notice of abatement and to charge the discharger or responsible person or entity for all damages and abatement costs resulting from the violation. In cases of a violation of this chapter that requires abatement, the city shall have the right to immediately enter an FSE premises and abate the violation to prevent further damages or violations.

B. If the city abates a violation and incurs costs for that abatement, it shall issue a bill for all damages and abatement costs incurred to the discharger or responsible person or entity as soon as practical. With the issuance of a bill for any damages and abatement costs incurred, the city also shall provide the permittee or responsible person or entity with a copy of all evidence that supports the city’s determination and a copy of this chapter. The responsible person or entity shall have the right to appeal the notice of abatement and the damages and abatement costs charged by the city in accordance with the provisions of Title 4. (Ord. C-2023-03 §2 (Att. A), 2023).

ARTICLE VI. ADMINISTRATION

13.22.600 General provisions.

A. The city’s FOG control program (FOGCP) shall administer the requirements of this chapter, the city’s FOG policy, and the general waste discharge requirements of the State Water Resources Control Board.

B. As of the effective date of the ordinance codified in this section, all FSEs, FM/Ps and other entities with potential to introduce FOG, sand or other insoluble waste into the city’s collection system are required to participate in the city’s FOGCP as outlined in this chapter.

C. The city, from time to time, may establish additional standards for the content of the FOGCP by approval of the public works director.

D. FSEs or FM/Ps and other entities with potential to discharge FOG and other insoluble waste into the city’s collection system shall require a FOG waste discharge permit (FOG WDP) to discharge wastewater into the collection system.

E. No FSE or FM/P shall discharge any substance of any kind into any portion of the public sewer collection system which is not in conformance with the city’s FOGCP and the requirements of the fog waste discharge permit for that FSE or FM/P. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.605 Fees.

The purpose of this section is to provide for the recovery of FOG WDP inspection costs.

A. Wastewater dischargers shall pay an initial FOG application fee and an annual renewal fee to cover inspection costs of the wastewater discharger facility. At least thirty days prior to the expiration of the FOG WDP, the permittee shall annually reapply and pay applicable fees for the renewal of the FOG WDP. A permittee shall also pay any delinquent invoices in full prior to any FOG WDP renewal.

B. Costs incurred by the city as a result of the annual inspections--e.g., follow-up inspections due to noncompliance, any required on-site sampling and analysis--shall be reimbursed to the city by the owner, discharger or FOG DWP permittee.

C. The city may adopt other fees as the city may deem necessary to carry out the requirements of this chapter.

D. Fees shall be as established by resolution adopted by the city council, as amended from time to time. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.610 FOG waste discharge permit.

A. The FOG waste discharge permit (FOG WDP) is a legally binding agreement issued to an FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter to utilize the city public sewer collection system under the terms, conditions, and criteria of the city’s FOGCP. The FOG WDP is prepared and maintained by the city, and its provisions may be modified periodically as required to ensure each wastewater discharger’s compliance with the terms and conditions of this chapter, as they may be amended from time to time. Failure to comply with the FOG WDP terms and conditions will constitute a violation of this section. The FOG WDP must be renewed annually.

B. In addition to the FOG WDP, the city may also issue specific permit conditions to any FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter. In the event that the city issues specific permit conditions, the basis for those specific permit conditions shall be disclosed in writing and appended to the FOG WDP. Failure to comply with the individual permit conditions will constitute a violation of this chapter. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.620 FOG waste discharge permit application and renewal.

A. Each existing FSE, FM/P or commercial and industrial businesses or other entities subject to the provisions of this chapter shall submit a FOG waste discharge permit application to the city within sixty days following the effective date of this chapter.

B. All newly operational or newly constructed FSEs and FSEs with a change in operations shall submit a FOG WDP application at least thirty days prior to such change. Any FSE which fails to submit the required FOG WDP application in a timely manner will be subject to enforcement defined in this chapter.

C. Property owners or their designee(s) of commercial properties identified on the FOG WDP shall be responsible for the installation and maintenance of a grease interceptor serving multiple FSE that are located on a single parcel. The owner of the parcel containing a common use grease interceptor shall submit an application for and be the permittee under a FOG WDP.

D. At least thirty days prior to the expiration of the FOG WDP, the permittee shall annually reapply for the renewal of the FOG WDP. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.640 FOG WDP conditions.

Issuance of a FOG WDP may include, but is not limited to, any of the following conditions or limits:

A. Limits on discharge of FOG, sand, grit, other solids and other pollutants;

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

C. Sand and oil interceptor maintenance frequency and schedule;

D. Requirements for implementation of BMPs;

E. Requirements for maintaining and reporting status of BMPs;

F. Requirements for maintaining and submitting logs and records, including waste hauling records and waste manifests including the ultimate disposition of the wastes that contain FOG;

G. Requirements to self-monitor;

H. Requirements for the FSE to construct, operate and maintain, at its own expense, grease control device and sampling facilities;

I. Additional requirements as otherwise determined to be reasonably appropriate by the public works director to protect the city collection 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. C-2023-03 §2 (Att. A), 2023).

13.22.650 FOG WDP modification of terms and conditions.

A. The terms and conditions of an issued FOG WDP may be subject to modification at the sole discretion of the public works director during the life of the FOG WDP based on:

1. The permittee’s current or anticipated operating data;

2. Changes in the requirements of state or federal regulatory agencies that oversee and monitor the city; or

3. A determination by the public works director that such modification is appropriate to further the objectives of this chapter and all applicable regulations.

B. A permittee may request modification of the terms and conditions of an issued FOG WDP. Any 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. A permittee shall be informed of any change in the FOG WDP limits, conditions and/or requirements at least forty-five days prior to the effective date of the change. Any changes or new conditions in the FOG WDP shall include a reasonable time schedule for compliance. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.680 FOG waste discharge permit exceptions.

A. A limited food preparation establishment may not be considered an FSE and may be exempt from obtaining a FOG WDP. Exempt establishments shall be engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there may not be wastewater discharge containing significant amount of FOG.

B. A limited food preparation establishment is required to follow the BMPs defined for all FSEs. A limited food preparation establishment that discharges FOG in excess of the defined limits may be reclassified as an FSE and required to obtain a FOG WDP at the public works director’s discretion.

C. An exemption from obtaining a FOG WDP may be requested in writing. If the public works director determines that the reasons for the request are valid, an exemption may be granted. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.690 Nontransferability of a FOG WDP.

A FOG WDP issued pursuant to this chapter is for a specific FSE, for a specific operation and creates no vested rights. No holder of a FOG WDP shall assign, transfer and/or sell the FOG WDP and/or use the FOG WDP on any premises or for any facilities, operations and/or discharges not expressly encompassed within the FOG WDP. Any FOG WDP that is transferred to a new owner and/or operator and/or to a new facility in violation of this chapter is void. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.691 Facilities and drawing submittal requirements.

Upon request by the city:

A. Any FSE may be required to submit two copies of facility site plans, mechanical and plumbing plans and details to show all sewer locations and connections. The submittal shall be in a form and content acceptable to the public works director for review of the 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 the FSE of the responsibility of modifying the facilities or procedures in the future as necessary to produce an acceptable discharge, and to meet the requirements of this chapter or the requirements of any other regulatory agency.

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

C. All drawings shall be submitted to department of public works. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.692 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 three years. The permittee shall, upon request, make the manifests, receipts and invoices available to the director, any inspector and/or any enforcement officer. These records may include:

A. An on-site maintenance logbook of grease interceptor, grease trap or grease control device cleaning and maintenance practices as described in Section 13.22.320(H).

B. A record of BMPs being implemented, including employee training.

C. Copies of records and manifests of waste hauling interceptor contents.

D. Records of sampling data and sludge height monitoring for FOG and solids accumulation in the grease interceptors.

E. Records of any spills and/or cleaning of the sewer lateral or public sewer.

F. Any other information deemed appropriate by the director to ensure compliance with this chapter. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.693 Monitoring and reporting conditions.

A. The director may require periodic reporting of the status of implementation of BMPs, in accordance with the FOG control program.

B. The director may require visual monitoring at the sole expense of the permittee to observe the actual conditions of the FSE’s sewer lateral and sewer lines downstream.

C. The 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 WDP 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 and shall be submitted upon request of the director. Failure by the permittee to perform any required monitoring, or to submit monitoring reports required by the director constitutes a violation of this chapter and shall be cause for the city to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG characteristics for compliance with any conditions and requirements specified in the FOG WDP or in this chapter. The permittee shall be responsible for any and all costs and expenses of the city in undertaking such monitoring analyses and preparation of reports.

D. Other reports may be required, such as compliance schedule progress reports, FOG control monitoring reports, and any other reports deemed reasonably appropriate by the director to ensure compliance with this chapter. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.694 Notification of spill.

A. In the event a permittee is unable to comply with any FOG WDP condition due to a breakdown of equipment, accidents or human error or the permittee has reasonable opportunity to know that their discharge will exceed the discharge provisions of the FOG WDP or this chapter, the discharger/permittee shall immediately notify the city by telephone at the number specified in the FOG WDP. If the material discharged to the public sewer collection system has the potential to cause or result in sewer blockages or SSOs, the discharger/permittee shall immediately notify the city.

B. Confirmation of this notification shall be made in writing to the director at the address specified in the FOG WDP postmarked or emailed no later than two calendar 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 the problem from recurring.

C. Such notification shall not relieve the discharger/permittee of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to persons or property; nor shall such notification relieve the permittee of any fees or other liability which may be imposed by these regulations or other applicable law. (Ord. C-2023-03 §2 (Att. A), 2023).

13.22.695 Falsifying information or tampering with process.

It is unlawful to make any false statement, representation, record, report, plan or other document that is filed with the city and/or the director, or to tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this chapter. (Ord. C-2023-03 §2 (Att. A), 2023).