Chapter 3.25
FATS, OILS AND GREASE (FOG)
Sections:
3.25.060 Grease removal device requirements.
3.25.070 Requirements for all FSEs subject to this chapter.
3.25.080 Maintenance requirements for GRDs.
3.25.090 District monitoring of permit compliance.
3.25.100 Hearings and appeals.
Appendix A Grease removal device requirements for food service establishments (FSEs).
3.25.010 Introduction.
The Board of Directors of Sanitary District No. 5 of Marin County does adopt as follows:
The ordinance codified in this chapter shall be known as the “Fats, Oils, and Grease (FOG) Ordinance of Sanitary District No. 5 of Marin County” and may be so cited and pleaded.
The ordinance codified in this chapter is adopted pursuant to provisions of Cal. Health & Safety Code § 6400 et seq. [Ord. 2015-1 § 1.]
3.25.020 Chapter background.
Sanitary District No. 5 of Marin County (SD5) adopted Ordinance No. 70-1, “An Ordinance Regulating the Use of Public and Private Sewers and Drains, the Installation and Connection of Building Sewers, the Installation of Sewer Laterals and Public Sewer Main Extensions, Providing Permits and Fixing Fees for the Installation and Connection of Sanitary Sewers, Regulating the Discharge of Waters and Wastes into the Public Sewer System, and Providing Penalties for the Violation of the Provisions Thereof.” A small section in this ordinance pertained to FOG enforcement and control. In 2014 this ordinance was updated to Ordinance 2014-2 (Chapter 3.05 SD5MCC) and the same section in regards to FOG was left as is. In order to facilitate implementation and enhance effectiveness of the FOG control program, SD5 has created the ordinance codified in this chapter to further enforce SD5MCC 3.05.510 and 3.05.520. [Ord. 2015-1 § 2.]
3.25.030 Purpose and policy.
(1) Sanitary sewer overflows (SSOs) are a major concern to wastewater agencies throughout the State of California. A frequent cause of SSOs is the blockage of sewer lines due to discharge of fats, oils, and grease (FOG) from food preparation and clean-up operations. To prevent SSOs in its sanitary sewer system, SD5 developed and implemented a program to reduce the discharge of FOG from restaurants and other food service establishments to levels that will not cause blockage in sewer lines. This program enables Sanitary District No. 5 of Marin County to comply with requirements of the California State Water Resources Control Board and the San Francisco Bay Regional Water Quality Control Board.
(2) Ordinance No. 2014-2 (Chapter 3.05 SD5MCC), adopted by the Board of Directors of SD5 in 2014, regulates the discharge of wastes into the District sanitary sewer system. SD5MCC 3.05.500 prohibits the discharge of several wastes in amounts which will cause obstruction to the flow in the sanitary sewer system. SD5MCC 3.05.510 gives the District authority to require sewer users to install pretreatment equipment as necessary to bring their discharges into compliance with Chapter 3.05 SD5MCC. SD5MCC 3.05.900 gives the District staff authority to perform inspections on the premises of sewer users and to review user records relevant to sewer discharge.
(3) Upon adoption of the ordinance codified in this chapter, all food service establishments (FSEs) shall be subject to both this chapter and Chapter 3.05 SD5MCC, as further defined in SD5MCC 3.25.050. This designation is based on the discharge of FOG as discussed herein. [Ord. 2015-1 § 3.]
3.25.040 Jurisdiction.
SD5 has authority to regulate discharges into the sanitary sewer system in the service areas of Belvedere and Tiburon. [Ord. 2015-1 § 4.]
3.25.050 Definitions.
“Change of ownership” means when ownership of an FSE changes, as determined by Marin County Environmental Health Services, requiring a change of ownership form or restaurant plan check review.
“Fats, oils, and grease (FOG)” means any animal- or vegetable-based fats, oils, and grease generated from food preparation, food service, and kitchen clean-up.
“Food service establishment (FSE)” includes, but is not limited to, any facility preparing and/or serving food for commercial use or sale. This includes restaurants, cafes, lunch counters, cafeterias, hotels, hospitals, convalescent homes, factory or school kitchens, coffee houses/shops, catering kitchens, bakeries, grocery stores with food preparation (excluding stores with only food warming operations), meat cutting and preparation, and other commercial food handling facilities not listed above where fats, oils, and grease may be introduced into the sanitary sewers.
“Grease interceptor” (or “interceptor”) means a GRD consisting of a partitioned vault, with a minimum volume of 750 gallons, that is typically installed in-ground or underground, and outside the building it serves.
“Grease removal device (GRD)” means a device used to remove FOG from kitchen wastes discharged to the sanitary sewer, i.e., a grease interceptor, grease trap, or other mechanical device.
“Grease trap” (or “trap”) means a GRD designed to serve one to four kitchen fixtures. Traps are usually 50 gallons or less in volume and are typically located inside a kitchen, under the sink or in the floor.
“Kitchen remodel” means an FSE kitchen remodel that involves significant changes to the kitchen, as determined by the District, such as removal or addition of walls or changes to drain lines that involve invasive work to walls or floors.
“New food service establishment” means (a) a new building which will contain a food service establishment (FSE); or (b) the installation of an FSE in an existing building which has not previously contained an FSE requiring a restaurant plan check from Marin County Environmental Health Services. A business shall not be considered a new FSE solely on the basis of a changed menu, name, and/or ownership.
“SD5” (or “District”) means Sanitary District No. 5 of Marin County.
“Sewer line hot spot” means a location in the sanitary sewer lines where one or more FOG-related sewer overflows have occurred, or requires significantly increased maintenance to prevent FOG-related line blockages, and/or where a significant potential exists for FOG-related line blockages to occur. The designation of a “hot spot” will be solely at the discretion of the District, based on the history and characteristics of the location.
“Uniform Plumbing Code (UPC)” means California Plumbing Code (Cal. Code Regs. Title 24, Part 5). If there are future revisions to the UPC that relate to sizing of GRDs, the District reserves the right to use either the present or revised UPC.
“Working capacity” means the total volume of solids, water, and grease that a grease interceptor or grease trap contains under normal operating conditions. [Ord. 2015-1 § 5.]
3.25.060 Grease removal device requirements.
The FOG control program set forth in this chapter governs all FSEs within the jurisdiction of this chapter. All new FSEs, all existing FSEs undergoing a kitchen remodel, and all existing FSEs upstream of a “sewer line hot spot” (hot spot) shall have at least one grease removal device (GRD), as specified below. Appendix A of this chapter is a table summarizing these requirements.
(1) New Food Service Establishments. All new FSEs shall install a gravity grease interceptor sized in accordance with Table 1014.3.6 of the 2013 California Plumbing Code or a hydromechanical grease interceptor (grease trap) in accordance with Table 10.2 of the 2007 California Plumbing Code. The sizing determination is based on drainage fixture units (DFUs) as specified in the California Plumbing Codes referenced above.
The interceptor shall drain all fixtures and equipment in the establishment which may receive FOG, including but not limited to utensil sinks, food preparation sinks, hand washing sinks in kitchen areas, mop sinks, and floor drains and floor sinks in kitchen and washing areas. The dishwashing machine shall be plumbed to the interceptor, unless specified otherwise by the District. Any discharge to the sanitary sewer from routine cleaning of exhaust hoods and ducts shall be plumbed to the interceptor. No drains from toilets, showers, or other domestic discharges shall be connected to the interceptor.
Outside refuse areas and/or washing areas must be covered, bermed to prevent discharge to storm drainage, and plumbed to the sanitary sewer, in accordance with the requirements of the municipality. These areas shall drain to the kitchen interceptor or to another properly sized interceptor.
(a) Variance Procedure. A new or remodeled FSE may be allowed to install one or more grease traps, instead of a grease interceptor, if one or both of the following conditions occur:
(i) Adequate slope cannot be provided for gravity flow between kitchen plumbing fixtures and the proposed location of the grease interceptor or from the interceptor to the sewer.
(ii) Adequate space cannot be provided at the site for installation and/or maintenance of a grease interceptor.
Granting the variance will be at the sole discretion of the SD5 District Manager or designee, the applicant shall provide SD5 with documentation adequate to verify at least one of the above conditions.
Which kitchen fixtures are connected to a grease trap, and the sizing of the trap(s), shall be at the sole discretion of SD5. In no case shall the installation and sizing be less than the minimum requirement specified in subsection (3) of this section.
Any FSE granted a variance from the requirement for a grease interceptor shall be issued a “conditional wastewater permit” discussed in subsection (3) of this section.
(2) Kitchen Remodel. Any FSE which is: (a) upstream of a sewer line hot spot, as defined in SD5MCC 3.25.050 and described in subsection (3) of this section; and (b) undergoing a kitchen remodel, as defined in SD5MCC 3.25.050, shall install an interceptor, as described in subsection (1) of this section. The requirements shall be the same as for a new FSE, except for the following:
(a) A remodeled FSE may be allowed to not connect some minor kitchen drains, such as hand washing sinks or floor drains, where connection of these drains to the interceptor would require excessive replumbing. The determination shall be solely at the discretion of the District, on a case-by-case basis. For any drain exempted from connection to the interceptor, the FSE shall maintain employee training and/or signage to prevent discharge of FOG to the drain.
(b) At the sole discretion of the District, on a case-by-case basis, a remodeled FSE may be exempt from complying with some of the requirements, specified in subsection (1) of this section, regarding outside refuse areas and/or washing areas. At a minimum, facilities and operating practices must be adequate at all times to prevent illegal discharges to storm drainage.
Any FSE which is not upstream of a sewer line hot spot but is undergoing a kitchen remodel, as defined in SD5MCC 3.25.050, shall install, at a minimum, one or more grease traps, as required for an existing FSE which is upstream of a hot spot. The requirement for existing FSEs upstream of a hot spot is specified in subsection (3) of this section.
(3) Existing Food Service Establishments – Upstream of Hot Spot. As defined in SD5MCC 3.25.050, a sewer line hot spot is a specific location in the sanitary sewer lines where one or more FOG-related sewer overflows have occurred, that requires significantly increased maintenance to prevent FOG-related line blockages, and/or where a significant potential exists for FOG-related line blockages to occur. The District shall maintain a current list of the locations designated as hot spots. The list shall reference the evidence supporting each designation. Such evidence may include, but is not limited to, maintenance records, SSO reports, or videotapes. The designation of a hot spot shall be solely at the discretion of the District.
The minimum GRD requirement for any FSE above (upstream) a designated hot spot shall be one or more traps draining the food preparation sinks, utensil sinks, and dishwasher prerinse sink (scrap sink). This minimum GRD requirement shall include installation of a grease trap on any device, including a wok stove or a soup kettle, that has a drain installed to remove rinse or wash water from cooking surfaces. Alternatively, the drain may be taken out of service and disconnected from the sanitary sewer, if such action is acceptable to Marin County Environmental Health Services.
(a) The sizing of the trap(s) shall be as follows:
(i) For FSEs that do not currently have any GRD in place, see subsection (3)(b) of this section, Minimum Size for Installed Grease Traps.
(ii) Existing FSEs with one or more traps currently installed shall not be required to install a larger trap if the size of the trap is at least 70 percent of the size specified by Table 10-2 in Chapter 10 of the UPC. Those FSEs with installed traps sized at less than 70 percent of the UPC requirement shall be required to install larger or additional traps to meet the appropriate sizing requirement of the UPC.
(iii) The District reserves the right to require installation of an interceptor, as discussed in subsection (2) of this section, if such installation is appropriate due to the size, menu, and location of the FSE.
(b) Minimum Size for Installed Grease Traps. Where a new grease trap is to be installed in an existing FSE, the minimum size (flow rate) of the trap shall be 35 gpm. At the discretion of the District, for installations where the outside dimensions of available 35 gpm traps are such that installation in the existing kitchen configuration is impractical, a smaller trap may be installed, in which case the minimum size shall be the minimum size specified in the Uniform Plumbing Code.
(c) FSEs upstream of a designated hot spot, that have a grease trap meeting the requirements in subsection (3) of this section, shall be issued a “conditional wastewater permit.” The conditional permit shall authorize the FSE to discharge from their kitchen drains without installation of an interceptor. However, if the District determines that the FSE’s grease trap(s) and operating practices are inadequate and the FSE continues to contribute significant quantities of FOG to a downstream sewer line hot spot, the conditional permit shall be revoked and the FSE shall be required to install an interceptor. If the conditional permit is revoked, the FSE shall be subject to the same requirements as described above for an FSE upstream of a hot spot and undergoing a kitchen remodel (subsection (2) of this section). Such revocation shall occur after the District has worked with the permittee to resolve the problem and has documented reasonable evidence that FOG discharges from the FSE are contributing to the hot spot problem.
(d) All grease trap installations (existing traps or new installations) shall comply with all of the following requirements. Note that these requirements do not apply to interceptor installations.
(i) Dishwashing machines shall not drain to a grease trap, unless the FSE can document that the volume and temperature of wash water and rinse water discharged, in combination with any detergent, soap, and/or disinfectant in the water, will not render the trap ineffective.
(ii) All new or existing grease trap installations shall comply with Section 1014.3 of the UPC. This requires a flow control device, meeting certain criteria, to be installed either on each fixture drain before the trap inlet or at the trap inlet itself.
(iii) For any kitchen drain not connected to the grease trap, the FSE shall maintain employee training and/or signage adequate to prevent discharge of FOG to the drain.
(iv) Installation of specialized grease removal devices of proprietary design, such as the “Big Dipper,” shall be considered by the District on a case-by-case basis. Approval shall be contingent on demonstration that the device will reliably perform at least as well as a conventional grease trap meeting the requirements of the UPC.
(4) Existing Food Service Establishments – Not Upstream of Hot Spot. Existing FSEs that are not upstream of a sewer line hot spot do not have permit or GRD requirements under this chapter. However, owners and operators of such establishments should consider that if the FSE should discharge sufficient FOG to cause an obstruction in the sanitary sewer, they would be in violation of this chapter. Such discharge would also be likely to plug the FSE’s drain lines, causing sewage back-ups into the kitchen.
Upon request, District personnel will provide FSEs with information regarding employee training and grease removal devices to minimize FOG discharge to the sewer.
(5) Change of Ownership. When an FSE changes ownership, the new owner shall install a GRD in accordance with this section and as shown in Appendix A of this chapter. [Ord. 2015-1 § 6.]
3.25.070 Requirements for all FSEs subject to this chapter.
All new FSEs and all existing FSEs upstream of a hot spot are subject to this chapter and shall have a current wastewater permit issued by the District and at least one grease removal device (GRD), as described in SD5MCC 3.25.060. The sole exception is any FSE granted a permit waiver, as discussed in subsection (1) of this section. All FSEs that are subject to this chapter shall comply with the requirements of subsections (1) through (6) of this section, unless they are granted a permit waiver.
(1) Permit Waiver. All FSEs shall have a current wastewater permit issued by the District, unless the District grants a permit waiver. Waivers shall be granted only to those FSEs that can demonstrate to the satisfaction of the District that they are not a significant source of FOG. This will normally be the case only if there is no cooking or clean-up taking place at the facility.
(2) Permit Fees. Article IX of Chapter 3.05 SD5MCC specifies that SD5 shall have the authority to assess and collect fees from users of the SD5 sanitary sewer system, in order to recover costs incurred by the District when regulating discharges into the system. The fees specified therein are applicable to FSEs as “Class III users” of the system.
As discussed in SD5MCC 3.25.090(4), if an inspection by District staff determines that a permittee is in violation of one or more requirements of this chapter, the permittee shall be assessed a fee to reimburse the District for the cost of a reinspection to determine that the violation has been corrected. Additional fees may be assessed if a District compliance order is issued to the permittee, as discussed in SD5MCC 3.25.090(5). All such fees are in accordance with SD5MCC 3.05.870.
(3) Grease Recycling Bin. All FSEs shall have a bin or drum for collecting waste kitchen grease and used cooking oil. FOG cleaned out of grease traps shall not be placed in this container, as it is more difficult to recycle. The container shall be used and maintained adequately to prevent spillage or leakage.
The container shall be serviced (emptied or exchanged) and recycled in a legal manner at an appropriate frequency. Receipts or other documentation of such service shall be retained at the FSE and presented to the District on request. The FSE shall maintain adequate employee training and/or kitchen signage to assure that the container is used and maintained in an appropriate manner.
(4) No Storm Water Pollution. All FSEs shall operate so as to prevent any discharge of FOG or other wastes to storm water drain systems in violation of the storm water ordinance of the applicable local agency with jurisdiction.
Serious or repeated discharges to storm drains from an FSE will be referred to the appropriate authorities for enforcement action.
(5) GRD Additives Prohibited. Addition of enzymes, micro-organisms, solvents, or emulsifiers to GRDs (grease traps or interceptors) or to drains leading to these devices is prohibited.
(6) Food Grinders Prohibited. A food grinder (garbage disposal) shall not discharge to a grease removal device (grease trap or grease interceptor). [Ord. 2015-1 § 7.]
3.25.080 Maintenance requirements for GRDs.
The wastewater permit issued to an FSE shall specify the required minimum frequency for maintaining (pumping or hand cleaning) the grease removal device(s) and how the FSE shall verify this maintenance. The options are described below.
(1) Grease Interceptors and Large Grease Traps. For an FSE with a grease interceptor or a grease trap with a 100 gpm rating/200-pound grease storage capacity, the interceptor or trap shall be pumped (i.e., all compartments pumped empty) and the contents legally disposed of at a minimum frequency of once every three months. The District may require more frequent pumping if inspections by the District indicate that pumping every three months is not adequate. At the discretion of the District, the required frequency may be reduced if the FSE provides documentation (e.g., hauler certifications) adequate to establish that less frequent pumping would suffice. Such documentation shall be based on a minimum of one year of quarterly pumping and shall be verified by District inspections.
All pumping shall be performed by persons who are certified by the California Department of Food and Agriculture (DFA) as a “registered transporter of inedible kitchen grease.” The pumper shall transport the pumped waste to an “authorized receiving facility,” as defined by the DFA. DFA regulations require the pumper to provide the FSE with a “waste removal receipt” which includes the name of the FSE, the date of the pumping, the “working capacity” of the interceptor pumped (see SD5MCC 3.25.050) and the total gallons pumped.
Within one week of each pumping, the FSE shall send (mail, fax, or email) a copy of the waste removal receipt to the District. The FSE shall retain another copy of the receipt on site, for presentation to the District on request. Receipt copies shall be retained for a minimum of three years.
(2) Grease Traps. FSEs with a grease trap with a 100 gpm rating/200-pound grease storage capacity or less may choose to comply with the procedure specified in subsection (1) of this section, except that the minimum pumping frequency shall be monthly, unless modified in the permit, as described above.
All FSEs with a grease trap with a 35 gpm rating/70-pound grease storage capacity or less who choose not to comply with the above shall comply with the procedure specified below.
The grease trap shall be cleaned by FSE staff and/or a contractor, at a minimum frequency of once every 15 days. The District may require more frequent cleaning if inspections by the District indicate that cleaning every 15 days is not adequate. At the discretion of the District, the required frequency may be reduced if the FSE provides documentation (e.g., logbook observations) adequate to establish that less frequent cleaning would suffice. Such documentation shall be based on a minimum of six months cleaning at a minimum 15-day frequency and shall be verified by District inspections.
Persons cleaning a trap shall assure that all grease and sediment is removed and appropriately disposed. They shall also assure that all baffles, flow control devices, and other equipment are properly installed subsequent to the cleaning. All wastes removed from the trap during cleaning shall be placed in a drum or other dedicated container and be removed by a “registered transporter of inedible kitchen grease,” as described in subsection (1) of this section. The trap waste may not be placed in the “grease recycling bin” specified in SD5MCC 3.25.070(3), unless the grease hauler provides written certification that this is acceptable and the hauler complies with all DFA regulations for “inedible kitchen grease.”
Cleaning of a trap shall be documented on a log sheet maintained by the FSE. The log sheet shall include, at a minimum, the date of the cleaning event, the name of the person(s) performing the cleaning, their signature, the quantity of waste removed from the trap, and any other relevant observations. The completed log sheets shall be maintained on site for a minimum of three years and provided to the District on request. The FSE shall provide to the District (mail, fax, or email) a copy of their current log sheet at a frequency specified by the District in the FSE permit.
At the District’s sole discretion, FSEs with installed traps up to 50 gpm may self-clean them in accordance with the above cleaning frequency, grease disposal, and cleaning documentation requirements. [Ord. 2015-1 § 8.]
3.25.090 District monitoring of permit compliance.
District staff shall monitor FSE compliance with this chapter and the wastewater permit. Below is an outline of the routine monitoring and enforcement procedures. The District reserves the right to modify these procedures, as appropriate.
(1) Permits. As specified in SD5MCC 3.25.070 and 3.25.070(1), all new FSEs and FSEs upstream of a sewer line hot spot shall have a District wastewater permit or a permit waiver. District staff shall not issue a permit until they have verified that the FSE is in compliance with the grease removal device (GRD) requirements specified in SD5MCC 3.25.060. If an FSE has an existing GRD that must be replaced due to inadequate sizing or not being in satisfactory working condition, an interim permit may be issued in the sole discretion of the District to specify maintenance of the existing GRD until it can be replaced.
The permit issued to an FSE shall specify the required maintenance (pumping or cleaning) frequency for the GRD, and the requirements for verifying maintenance, in accordance with SD5MCC 3.25.080.
(2) Permit Inspections. SD5MCC 3.05.900 provides the District with the authority to perform inspections on the premises of sewer users and to review user records relevant to sewer discharge.
The District shall perform on-site inspections of FSEs to verify compliance with the permit. The inspections will normally be unannounced. The District shall attempt to schedule inspections so as to reasonably minimize the impact on the operation of the FSE (e.g., no visiting during the lunch period). However, the FSE shall provide the District, at all times that the FSE is open and/or in operation, with access to the FSE in order to inspect the premises, GRDs, and maintenance records. This specifically includes access to the grease removal device. If the device is inaccessible to the District due to placement of vehicles, mats, utensils, etc., FSE staff shall immediately remove such obstacles upon District notification. If the District must revisit an FSE in order to complete an inspection, as a result of adequate access not being provided, the District may impose a reinspection fee, as discussed in subsection (4) of this section.
(3) Permit Violations. The following conditions are violations of an FSE wastewater permit and shall normally result in issuance of a written notice of violation (NOV), in accordance with SD5MCC 3.05.820. At the discretion of the District, a verbal warning may be given instead of an NOV, for minor violations at the sole determination of the District, or where there are extenuating circumstances. Egregious and/or repeated violations may result in escalated enforcement action, as described in subsection (5) of this section. An NOV shall state the violation(s), the corrective action(s) required, and the date the corrective action(s) must be completed.
(a) GRD Not Maintained. The permit shall specify the minimum maintenance frequency required, in accordance with SD5MCC 3.25.080. If documentation of adequate maintenance is not provided to the District, the FSE shall be in violation. Regardless of the frequency of maintenance, any GRD with a combined level of floating FOG and settled solids in any compartment which exceeds 25 percent of the liquid depth of that compartment shall be considered to be in violation.
(b) GRD Not in Working Condition. All vents, baffles, inlet and outlet devices, and flow control devices necessary for proper operation of the GRD and compliance with this chapter must be in place and in working condition at all times.
(c) Grease Recycling Bin Not in Use. Unless exempted in the permit, the FSE shall comply with SD5MCC 3.25.070(3).
(d) Prohibited Compounds Discharged to GRD. Unless specific compounds are authorized in the permit, the FSE shall comply with SD5MCC 3.25.070(5).
(e) FOG Discharged to Drain Not Connected to GRD. See SD5MCC 3.25.060(2) and (3). Repeated incidents may result in requirement to connect the drain to a GRD.
(f) Access Denied to the District. See subsection (2) of this section.
(4) Reinspection. If a written notice of violation (NOV) is issued for violation of an FSE wastewater permit, the FSE shall be assessed an inspection fee, in accordance with SD5MCC 3.05.690. The fee shall reimburse the District for the cost of inspecting the FSE to verify the corrective action required by the NOV.
In exceptional cases, requiring substantially more than one hour staff time for all follow-up to the NOV, the reinspection fee shall be based on actual staff time documented.
(5) Escalated Enforcement. Where deemed necessary to achieve compliance with this chapter, the District shall take escalated enforcement action beyond or in addition to the notice of violation. Any enforcement action provided for under this chapter is in addition to all available enforcement remedies the District has duly adopted. The normal intermediate enforcement action is an administrative order, as described below. Fees may be assessed as part of an administrative order in order to recover all District costs for the enforcement action.
(a) Administrative Order. The District has the authority to issue an administrative order to bring user into compliance. An administrative order may be either a cease and desist order or compliance order. The filing of the administrative order is under the discretion of the District Manager and is considered to be an intermediate step to enforcing compliance.
(b) Administrative Civil Penalties. Pursuant to the authority of Cal. Gov’t Code §§ 54739 through 54740.6 the Board of Directors, the District Manager, or designated staff may issue administrative complaints, conduct administrative hearings and/or impose civil penalties in accordance with procedures set forth in these sections for violation of the District’s requirements relating to pretreatment of industrial waste or the prevention of the entry of industrial waste into the sanitary sewer system and/or treatment plant.
The penalties shall be as follows:
(i) In an amount which shall not to exceed $2,000 for each day for failing or refusing to furnish technical or monitoring reports.
(ii) In an amount which shall not exceed $3,000 for each day for failing or refusing to comply in a timely manner with any compliance schedule established by the District.
(iii) In an amount which shall not to exceed $5,000 per violation for each day for discharges in violation of any waste discharge limitation, permit condition, or requirement issued, reissued, or adopted by the District.
Unless appealed, orders setting administrative civil penalties shall become effective and final upon issuance thereof, and payment shall be made within 30 days.
As to court actions authorized by the above referenced sections, the special counsel designated by the Board of Directors shall institute appropriate actions to affect statutorily authorized remedies, upon order of the Board of Directors.
(c) Civil Actions for Penalties. Any user who violates any provision of the sewer use ordinance or permit condition, or who violates any cease and desist order, prohibition of effluent limitations, shall be liable civilly for a penalty not to exceed $25,000 for each day in which such violation occurs pursuant to Cal. Gov’t Code § 54740. The special counsel designated by the Board of Directors, upon order of the Board of Directors, shall institute such actions as may be appropriate in a court of competent jurisdiction to impose, assess, and recover such sums.
Pursuant to the authority of the Clean Water Act, 33 U.S.C.A. Section 1251 et seq., any discharger committing a violation of any provision of the sewer use ordinance, which is also a violation of a pretreatment standard, effluent standard or other applicable provisions of the Clean Water Act, shall be liable civilly for a sum not to exceed $25,000 per violation for each day in which such violation occurs. The District Manager may bring an action under the Act as a citizen’s suit at the discretion of the Board of Directors.
(d) Noncompliance Penalties. The following enforcement measures shall be used in instances of serious noncompliance, usually resulting in damage to the sanitary sewer system, or from fraudulent practices, criminal noncompliance, violation of an administrative order, violation of a compliance schedule, or negligent or intentional discharge of waste which causes a threat to health and/or safety of the public, the District and its staff, treatment processes, or the environment.
(i) Terminate Service. Waste discharge service to the sanitary sewer system may be terminated, by disconnection of user’s sewer connection as stated in SD5MCC 3.05.840, and upon written notice by the District Manager for any of the following reasons:
(A) Violation of an administrative order.
(B) Refusal to cooperate with District staff or comply with District policies.
(C) Refusal to allow the District reasonable access to a premises for purposes of inspection, monitoring, or abating an illegal discharge.
(D) Fraudulent actions concerning reporting, self-monitoring, or the District sampling or inspection.
(E) One or more serious violations which endanger the health and/or safety of the public or District staff or which endanger the sanitary sewer system and/or the environment.
(ii) Pursuit of Criminal Prosecution. Where the District or its District Manager determines that a violation of this chapter has occurred, the District may pursue criminal prosecution as stated in SD5MCC 3.05.870, Punishment for violation of prohibited discharges – Misdemeanor. Cal. Health & Safety Code § 6523 provides that the violation of an ordinance, rule or regulation of a sanitary district by any person is a misdemeanor punishable by fine not to exceed $1,000, imprisonment not to exceed 30 days, or both. Each and every connection or occupancy in violation of the ordinances, rules and regulations of the District shall be deemed a separate violation and each and every day or part of a day a violation of the ordinance, rule or regulation continues shall be deemed a separate offence hereunder and shall be punishable as such.
(iii) Pursuit of Civil Action. Where deemed appropriate by the District Manager, the District shall pursue civil action to remedy any noncompliance with this chapter. Actions taken may include, but are not limited to: civil suits for damage to the sanitary sewer system and wastewater treatment plant and/or injunctive relief. Civil actions may be pursued on a strict liability basis, regardless of intent, and shall include reimbursement for all costs incurred by the District, including costs for repair, attorney’s fees, and/or all administrative costs. [Ord. 2015-1 § 9.]
3.25.100 Hearings and appeals.
SD5MCC 3.05.060 is hereby incorporated by reference into this chapter. Any person wishing to appeal a decision, action, or determination of the District pursuant to this chapter shall comply with all relevant provisions of SD5MCC 3.05.060. [Ord. 2015-1 § 10.]
3.25.110 Revision.
The Board of Directors of the Sanitary District No. 5 of Marin County reserve the right to update, change, or modify this chapter when deemed advisable and necessary. [Ord. 2015-1 § 12.]
Appendix A GREASE REMOVAL DEVICE REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS (FSES)
|
|
NOT Upstream of Hot Spot |
Upstream of Hot Spot |
|---|---|---|
|
New FSE |
Interceptor* required (see SD5MCC 3.25.060(1)) |
Interceptor* required (see SD5MCC 3.25.060(1)) |
|
Kitchen Remodel |
Grease trap required (see SD5MCC 3.25.060(2)) |
Interceptor required** (see SD5MCC 3.25.060(2)) |
|
Change of Ownership |
Grease trap required (see SD5MCC 3.25.060(5)) |
Grease trap required*** (see SD5MCC 3.25.060(5)) |
|
Existing FSE |
No requirement (see SD5MCC 3.25.060(4)) |
Grease trap required*** (see SD5MCC 3.25.060(3)) |
* Interceptor = outside, 750 gallons minimum, connected to all kitchen drains.
** For remodels, the interceptor may not need to be connected to all kitchen drains, at the sole discretion of the District.
*** “Conditional permit” for grease trap installations (existing traps or newly installed in existing restaurants) can be revoked if hot spot conditions do not subside. The FSE would then have to install an interceptor, as for a kitchen remodel.
[Ord. 2015-1 Appx. A.]