HomeMy WebLinkAboutCC Ord 1639 2014-03-10ORDINANCE NUMBER 1639
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 AS FOLLOWS: '
Section 1. Seal Beach Municipal Code Section 9.25.010.0 is hereby amended
by deleting the definition of "Grease Interceptor" and adding definitions for
"Gravity Grease Interceptor" and "Hydromechanical Grease Interceptor" thereto
to read as follows:
"Gravity Grease Interceptor: a multi- compartment device 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 and that is constructed
and located in accordance with the California Plumbing Code."
"Hydromechanical Grease Interceptor: a device other than a
gravity grease interceptor located underground before the
connection to the sewer system either inside or outside the FSE
footprint that separates FOG from wastewater and that is
constructed and located in accordance with the California Plumbing
Code."
Section 2. Seal Beach Municipal Code Section 9.25.035 is hereby amended
by adding the highlighted word "gravity" thereto as shown below:
"§ 9.25.035 FOG Pretreatment Required. '
FSEs are required to install, operate and maintain an approved
type and adequately sized rg avity grease interceptor necessary to
maintain compliance with the objectives of this Chapter in
accordance with the FOG Discharge Manual and the requirements
of 40 CFR §403.5."
Section 3. Seal Beach Municipal Code Section 9.25.040 is
hereby amended by adding the highlighted words thereto as shown
below:
"§ 9.25.040 Variance and Waiver of Gravity Grease Interceptor
Requirement.
A. Variance from Gravity Grease Interceptor Requirements.
A variance or a conditional waiver from the rg avity grease
interceptor requirements on such terms and conditions as may
established by the Director, consistent with the requirements of the
Sewer WDRs, the City's FOG Control Program, the FOG Discharge
Manual, and best construction, engineering, environmental and '
health and safety practices, (1) to allow an HGI or alternative
pretreatment technology that is, at least, equally effective in
controlling the FOG discharge in lieu of a rg avity grease
interceptor, may be granted by the Director to FSEs demonstrating
to the Director's satisfaction that it is impossible to install, operate
or maintain a rg avity grease interceptor; or (2) where the FSE
demonstrates to the Director's satisfaction that any FOG discharge
from the FSE is negligible and will have an insignificant impact to
the sewer system.
B. Waiver from Gravity Grease Interceptor Installation with a
Grease Disposal Mitigation Fee. For FSEs where the installation of
gravity grease interceptor is not feasible and no equivalent
Ordinance Number 1639
alternative pretreatment can be installed, a waiver from the rg avity
grease interceptor requirement may be granted with the imposition
of a Grease Disposal Mitigation Fee as described in Section
9.25.050. The Director's determination to grant the waiver with a
Grease Disposal Mitigation Fee will be based upon such
considerations that the Director determines to be appropriate and
consistent with the Sewer WDRs, the City's FOG Control Program,
the FOG Discharge Manual, and best construction, engineering,
environmental, and health and safety practices. Provided,
' however, that a gravitV 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 to a FSE which involves construction valued at $50,000
or more requiring a building permit and which involves any one or
combination of the following: (1) under slab plumbing in the food
processing area, (2) a 30% increase in the net public seating area,
(3) a 30% increase in the size of the kitchen area, or (4) any
change in the size or type of food preparation equipment. No
discretionary permit, including but not limited to a conditional use
permit, shall be issued to a FSE unless the applicant can
demonstrate that a grease interceptor has been or will be installed
at the FSE.
C. Application for Waiver or Variance of Requirement for
Grease Interceptor. A FSE may submit an application for waiver or
variance from the rg avity grease interceptor requirement to the
Director. Terms and conditions for issuance of a variance to a FSE
shall be set forth in the discharge permit. A waiver or variance may
be revoked at any time when any of the terms and conditions for its
issuance is not satisfied or if the conditions upon which the waiver
' was based change so that the justification for the waiver no longer
exists."
Section 4. Seal Beach Municipal Code Section 9.25.050 is hereby amended
by adding the highlighted words thereto as shown below:
"§ 9.25.050 Grease Disposal Mitigation Fee.
A. FSEs that operate without a -gravity grease control
interceptor or approved alternative may be required to pay an
annual Grease Disposal Mitigation Fee to equitably cover the costs
of increased maintenance and administration of the sewer system
as a result of the FSEs' inability to adequately remove FOG from its
wastewater discharge. This Section shall not be interpreted to allow
a new FSE, or existing FSEs undergoing remodeling or change in
operations or ownership, to operate without an approved rg avity
grease interceptor unless the Director has determined that it is
impossible to install or operate a rg avity 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 cost of maintaining the sewer system for
inspection and removal of FOG and other viscous or solidifying
agents attributable to the FSE resulting from the lack of a grease
interceptor or grease control device and such other costs that the
City Council considers appropriate.
C. The Grease Disposal Mitigation Fee may not be waived 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 a
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sanitary sewer overflow ( "SSO ") in the sewer downstream, or
surrounding the FSE prior to the waiver request."
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 shall '
obtain a FOG Wastewater Discharge Permit from the City within
either (i)180 days from the effective date of this Chapter or (ii) at
the time any FSE applies for or renews its annual business license
from the City. Compliance with this Chapter must be demonstrated
at the time any business license is issued, provided that the
Director may extend the compliance date for no more than 90 days
after the date of the issuance of the license.
B. FOG Wastewater Discharge Permits shall be expressly
subject to all provisions of this Chapter and all other regulations,
charges for use, and fees established by the City. The conditions
of FOG 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, or occupancy, which includes new ownership,
unless a FSE has fully complied with the provisions of this
Chapter."
Section 6. Seal Beach Municipal Code Section 9.25.070 is hereby amended '
by adding the highlighted words thereto as shown below:
"§ 9.25.070 FOG Wastewater Discharge Permit Condition.
The issuance of a 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. Gravity grease interceptor, hvdromechanical grease
interceptor, or other approved alternative maintenance
frequency and schedule.
D. Requirements for implementation of Best Management
Practices and installation of adequate grease interceptor and /or
grease control device.
E. Requirements for maintaining and reporting status of Best
Management Practices. I
F. Requirements for maintaining and submitting logs and
records, including waste hauling records and waste manifests.
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.
Ordinance Number 1639
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.
ATTEST:
AC ��4
I
Cit 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: kt��
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.
I `
Cit Clerk