HomeMy WebLinkAboutCC AG PKT 2014-03-10 #D AGENDA STAFF REPORT
DATE: March 10, 2014
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: FATS, OILS AND GREASE (FOG) PROGRAM UPDATE
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt Ordinance No. 1639,
amending provisions of Chapter 9.25 of the Seal Beach Municipal Code
regarding Fats, Oils, and Grease (FOG) Management, Discharge, and Control.
BACKGROUND AND ANALYSIS:
The City implemented its FOG Control Program to reduce the discharge of FOG
into the sewer system. The City Council adopted a FOG Control Ordinance on
September 13, 2004 to establish legal authority for the City to control FOG
discharge. The FOG Control Program was then created to implement and
enforce the Ordinance. Staff developed a FOG manual and permits to comply
with the Ordinance.
Restaurants are the largest contributors of FOG to the sewer system, so the
City's FOG program is tailored to them. All restaurants in the City are required to
install devices that prevent FOG from entering the sewer system. There are
currently 136 food facilities or restaurants in the City, 108 of which are deemed
"Food Service Establishments" (FSEs) per the Municipal Code. FSEs are
subject to additional guidelines regarding maintenance of their FOG interceptors.
Since the City's FOG Program was instituted in 2004, new technologies have
been developed to control and regulate FOG discharges. These include gravity
grease interceptors, which are multi-compartment devices located underground
between a FSE and the connection to the sewer system that uses gravity to
separate FOG from wastewater as it moves from one compartment to the next.
These are more effective and therefore preferable to other kinds of devices.
Staff is therefore recommending a series of amendments to Chapter 9.25 to
establish a preference for gravity grease interceptors to more clearly
demonstrate when they are required and when and how that requirement can be
Agenda Item— Q
waived or varied from. These changes are shown in the draft ordinance that is
included with this report.
At the February 24, 2014 City Council meeting the City Council introduced the
draft Ordinance No. 1639. City Council held a public hearing in order to gather
comments regarding the proposed changes to this ordinance. It is now
appropriate to consider the second reading of Ordinance No. 1639 and adopt the
subject ordinance.
ENVIRONMENTAL IMPACT:
The proposed FOG program updates discussed in this report are not a project
subject to the California Environmental Quality Act.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
It is the intent of this program that Fats, Oils, and Grease dischargers pay for the
full cost of this program so sewer ratepayers of the City are not subsidizing the
program.
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance No. 1639,
amending provisions of Chapter 9.25 of the Seal Beach Municipal Code
regarding Fats, Oils, and Grease Management, Discharge, and Control.
SUBMITTED BY: NOTED AND APPROVED:
nos
Sean P. Clr—umby, P. J0 q. Ingram, U
Director of Public Works CitV Manager
Prepared by: David Spitz, Associate Civil Engineer
Attachments:
A. Ordinance No. 1639
Page 2
ORDINANCE NUMBER
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
PROVISIONS OF CHAPTER 9'25 OF THE SEAL BEACH
MUNICIPAL CODE REGARDING FATS, OILS, AND GREASE
MANAGEMENT, DISCHARGE,AND CONTROL
THE SEAL BEACH CITY COUNCIL DOES ORDAIN ASFOLLOWS:
Section 1. Sau| Beach Municipal Code Section Q.25.O10.Cio hereby amended
by deleting the definition of "Grease Interceptor" and adding definitions for
"Gravity Gnaone Interceptor" and ^Hydromechanica| Grease Interceptor" thereto
to read as follows:
"Gravily Grease Interceptor: a multi-compartment device located
underground between e FSE and the connection to the sewer
system that uses gravity to separate FOG from wastewater as it
moves from one compartment tothe next and that is constructed
and |nootad in accordance with the California Plumbing Code."
^ : o device other than a
gravity gvaaoo interceptor located underground before the
connection to the sewer system either inside oroutside the FGE
footprint that aapmnohas FOG from wastewater and that is
onnohuohsd and located in accordance with the California Plumbing
Code."
Section 2. Seal Beach K4un|dpo| Code Section 925.035 is hereby amended
by adding the highlighted word^gravih/^thereto aa shown below:
^§0.25.O35 FOG Pretreatment Required.
FSEs are required to instoU, operate and maintain an approved
type and adequately sized gravit [grease interceptor necessary io
maintain compliance with the objectives of this Chapter in
accordance with the FOG Discharge Manual and the requirements
of4OCFR§4O3.5."
Section 3. Seal Beach Municipal Cod* Section 9.2E.040 is
hereby amended by adding the highlighted words thereto asshown
below:
^�9.25.040 Variance and Waiver of { r§vi Grease Interceptor
Requirement.
A. Variance from Gravity Grease Interceptor Reguirements.
Avohance or a conditional waiver from the gravity grease
interceptor requirements on such henna and conditions as may
established by the Director, consistent with the requirements of the
Sewer VVDRo' the City's FOG Control PmQmm. the FOG Discharge
k8anua|, and best nono(rudion, engineehng, environmental and
health and safety practices, (1) to allow an 1KGI_o[ alternative
pretreatment technology that is, at |east, equally effective in
controlling the FOG discharge in lieu of a gravit grease
inherceptor, may be granted by the Director to FSEa demonstrating
tV the Director's satisfaction that |tim impossible to install, operate
or maintain a gravity grease interceptor; or (2) where the FSE
demonstrates hothe Director's satisfaction that any FOG discharge
from the FSE is negligible and will have an insignificant impact Uo
the sewer system.
Ordinance Number 1839
B. Waiver from Gravity Grease Interceptor Installation with a
Grease Disposal Mitigation . For FSEa where the installation cf
gIa1it gvaeue interceptor is not faooib|a and no equivalent
alternative pretreatment can be installed, a waiver from the grav8�
grease interceptor requirement may be granted with the imposition
of a Grease Disposal yW|t|Qodon Fee as described in Section
925.050. The Directors determination to grant the waiver with m
Grease Disposal Mitigation Fee will be based upon such
considerations that the Director determines to be appropriate and
consistent with the SewarVVDRo. the City's FOG Control Program.
the F/38 Discharge yNanua|, and best construction, engineehng,
envinnnmonts|, and health and safety practices. Providad,
hmvever, that a gravit grease interceptor will be installed when
the FSE either(i) applies for any discretionary permit, including but
not limited to a conditional use permit; or (ii) conducts any
remodeling boa FSEvvhioh involves construction valued at$50.000
or more requiring a building permit and which involves anyone or
combination of the following: (1) under u|mb plumbing in the food
processing area, (2)a 30% increase in the net public seating area.
(3) a 30Y6 increase in the size of the kitchen area, or (4) any
change in the size or type of food preparation equipment. No
discretionary penni1, including but not limited to conditional use
pennit, eheU be issued 0o a FSE unless the applicant can
demonstrate that a grease interceptor has been nr will beinstalled
at the F8E.
C. Application for Waiver or Variance of Requirement for
Grease Interceptor- AFSE may submit an application for waiver nr
variance from the gravity grease interceptor requirement to the
Director. Terms and conditions for issuance ofa variance UnnFSE
shall bo set forth in the discharge permit. A waiver or variance may
ba revoked a1 any time when any of the terms and conditions for its
issuance is not satisfied orif the conditions upon which the waiver
was based change mo that the justification for the waiver nulonger
exists."
Section 4. Seal Beach Municipal Code Section 9.25.050 is hereby amended
by adding the highlighted words thereto eu shown below:
"§9.25.050 Grease Disposal Mitigation Fee.
A. FSEa that operate without a -gravity grease unntvm|
interceptor or approved alternative may be required to pay an
annual Grease Disposal Mitigation Fee 0m equitably cover the costs
of increased maintenance and administration of the sewer system
uoa result of the FSEs'inability bu adequately remove FOG from its
wastewater discharge.This Section shall not be interpreted toallow
a new FSE. or existing FSEo undergoing remodeling or change in
operations or ownership, to operate without anapproved gravit�
gnamoe interceptor un|amo the Director has determined that it is
impossible to install or operate agravit grease control interceptor
or an approved alternative for the FSE under the provisions of
this Chapter.
B. The Grease Disposal Mitigation Fee shall be established by
resolution of the City Council, and shall be based on the estimated
annual increased onot of maintaining the sewer system for
inspection and removal of FOG and other viscous or solidifying
agents attributable to the FSE resulting from the lack of grease
interceptor or grease control device and such other costs that the
City Council considers appropriate.
Ordinance Number 1639
C. The Grease Disposal Mitigation Fee may not bewaived or
reduced when the FSE does not comply with the minimum
requirements of this Chapter and/or its discharge into the sewer
system in the preceding 12 months has caused or potentially
caused or contributed alone or collectively, in sewer blockage or
sanitary sewer overflow (^SSO^) in the sewer dmmnstneam, or
surrounding the FSE prior to the waiver raquesL"
Section 5. Seal Beach Municipal Code Section 9.25.060 is hereby amended
by adding the highlighted words thereto as shown below:
^§9.25.060 FOG Wastewater Discharge Permit Required.
A. FSEs proposing to discharge or currently discharging
wastewater-containing FOG into the City's sewer system ohoU
obtain a FOG VVoshevahmr Discharge Permit from the City within
a|Uhar (i)180 days from the effective dote of this Chapter or (ii) at
the time any F8E applies for or renews its annual business license
from the City. Compliance with this Chapter must bedemonstrated
at the time any business license is iaouad, provided that the
Director may extend the compliance date for no more than 90 days
after the date cf the issuance of the license.
B. FOG Wastewater Discharge Permits shall be expressly
subject to all provisions of this Chapter and all other nagu|ationo,
charges for use, and fees established by the City. The conditions
of FOG Wastewater Discharge Permits shall be enforced by the
City in accordance with this Chapter and applicable State and
Federal Regulations.
C� The City shall not issue a certificate of occupancy for any
new construction, oroccupancy, which includes new ownership,
unless a FSE has fully complied with the provisions of this
Chepkac^
Section 6. Seal Beach Municipal Code Section Q.25.O7Ois hereby amended
by adding the highlighted words thereto as shown below:
°§Q.25.O7U FOG Wastewater Discharge Permit Condition.
The issuance ofa FOG Wastewater Discharge Permit may contain
any of the following conditions or limits as determined by the
Director:
A. Limits on discharge of FOG and other priority pollutants.
B. Requirements for proper operation and maintenance of
grease interceptors and other grease control devices.
C. GraviN gnyama in0erma[tor,
interceptor, or other approved alternative maintenance
frequency and schedule.
D. Requirements for implementation of Best Management
Practices and installation of adequate grease interceptor end/or
grease control device.
E. Requirements for maintaining and reporting status of Best
Management Practices.
F. Requirements for maintaining and submitting logs and
records, including waste hauling records and waste manifests.
Ordinance Number 1639
G. Requirements to self-monitor.
H. Requirements for the FSE to construct, operate and
maintain, at its own expense, FOG control device and sampling
facilities.
I. Consent by the operator of the FSE for the City and other
Regulatory Agencies to inspect the FSE to confirm compliance with
this Chapter, the NPDES Permit and other applicable laws, rules
and regulations, including any NPDES permit applicable to the City.
J. Additional requirements as otherwise determined to be
reasonably appropriate by the Director to protect the City's system
or as specified by other Regulatory Agencies.
K. Other terms and conditions, which may be reasonably
applicable to ensure compliance with this Chapter as determined by
the Director."
Section 7. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
Ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,clauses
or phrases be declared invalid.
Section 8. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a
regular meeting held on the 10th day of March ,2014.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE }SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 24th day of February , 2014 and was passed, approved and adopted by
the City Council at a regular meeting held on the 10th day of March , 2014
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1639 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk