HomeMy WebLinkAboutCC Ord 1526 2004-08-09
ORDINANCE NUMBER 16;<.&
AN ORDINANCE OF THE CITY OF SEAL BEACH
RENUMBERING EXISTING CHAPTERS 9.25
THROUGH 9.55 TO CHAPTERS 9.30 THROUGH 9.60
AND ADDING NEW CHAPTER 9.25 TO THE SEAL
BEACH MUNICIPAL CODE TO ADOPT F:ATS, OILS
AND GREASE MANAGEMENT, DISCHARGE AND
CONTROL REGULATIONS
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN, AS
FOLLOWS:
Section 1. Chapters 9.25 through 9.55 of the Seal Beach Munieipal Code are
hereby renumbered to Chapters 9.30 through 9.60, and all included section numbers of each chapter
are also renumbered to be consistent with the renumbered Chapter.
Section 2. Chapter 9.25, regulating the management, discharge lIl1d control of
fats, oil and grease is hereby added to the Seal Beach Municipal Code, to read as follows:
"Chapter 9.25 Fats, Oil and Grease Management and Discharge Control
g 9.25.005 Purpose, Policy and Findings
A. ,The Porter-Cologne Water Quality Act (California Water Code ~~
13000, et seq.) provides for the regulation lIl1d reduction of pollutants discharged into
the waters of California.
I
B. The City of Seal Beach is a permittee under the "General Waste
Discharge Requirements for Sewer Collection Agencies in Orange County Within the
Santa Ana Region," (Order No. R8-2002-0014), dated April 26, 2002 ["Sewer
WDRs"] issued by the California Regional Water Quality Control Board-Santa Ana
Region ("Santa Ana RWQCB"), and, as a permittee under the Sewer WDRs, the City
is required to adopt regulations lIl1d implement procedures to reduce the lIlDOunt of
fats, oils and grease ["FOG"] discharged into the City's sanitary sewer collection
system.
C. Section C.12(iii) ofthe Sewer WDRs requires the City to demonstrate
that it possesses the legal authority nece~sary to control discharges of FOG to lIl1d
from those portions of the City's sanitary sewer colleetion system over which it has
jurisdiction, so as to comply with the Sewer WDRs.
D. FSEs or :'Food Faeilities", as defmed in California Uniform Retail
Food Facilities Law ("CURFFL''), Division 104 (Environmental Health), Pm 7
(Retail Food), Chapter 4, Articles 1-20, of the California Health & Safety Code
("FSEs''), may produce FOG as a by-product of their operations, which, if not
properly managed and disposed, may create the potential for blockage of sanitary
sewer lines, which can result in damage to both public and private property, and
sewage overfloW's that cause health problems lIl1d have the potential to pollute
beaches and water courses in the City, as well as in other portions of Orange County.
I
E. Studies in Orange County have concluded that FOG is one of the
primary causes of slIl1itary sewer blockages. Based on information collected by the
Santa Ana RWQCB, sanitary sewer system overflows ("SSOs'') within Orange
County from sewer collection systems have caused numerous beach closures, lIl1d the
most prevalent cause of the SSOs is FOG accumulation in the small to medium sewer
lines serving FSEs.
.\
"{.'
Ordinance Number I'5J &
"
I
F: The current edition of the Uniform Plumbing Code requires FSEs that
have the potential to produce a significai:1t lIlDount of FOG to have grease control
devices. Many FSEs, such as restaurants within the City:do not have grease control
devices. These commereial FSEs have the potential to require tlle City and sanitation
districts to perform additioi1al preventivel maintenance on sewer lines that service
these facilities, as well as respond to and\cleanup blockages and sewage overflows
eaused by improper FOG disposal practices and grease control device maintenance.
'.
G. The purpose of this Chapter is to facilitate the maximum beneficial
public use of the City's sanitary sewer collection system while preventing bloekages
of sewer lines resulting from discharges of FOG to the system, and .to speeify
appropriate FOG discharge requirements for FSEs discharging into the City's sewer
system to protect the public health and safety.
H. This Chapter shall be interpreted in accordlll1ee with the definitions set
forth in Section 9.25.010 of this Chapter. To the extent a term is not specifically
dermed in this Chapter, such term will defined according to the definition set for in
Section 9.20.005 of Chapter 9.20 of Title 9 of this Code. The provisions of this
Chapter shall apply to the direct or indirect discharge of all wastewater or waste
containing FOG into City's sanitary sewer collection system.
I. In order to manage and control, in a cost-effective marmer, the
discharge of FOG into the City's sanitary sewer collection system to the maximum
extent practieable, the adoption of reasonable regulations, as set forth herein, is
essential and it is the intent of this chapter to establish regulations for the disposal of
FOG and other insoluble waste discharges from FSEs into the City's sewer system.
I
J. ,To comply with Federal, State, and local policies and to allow the City
to meet applicable standards, provisions are made in this Chapter for the regulation of
wastewater or waste'containing FOG discharges to the sewer facilities.
K. Certain FSEs within the boundaries of the City do not discharge
wastewater into the City's sewer system lIl1d facilities and discharge into sewer
systems and facilities operated by Regulatory Agencies and sanitation districts other
than the City. Such FSEs will be permitted and regulated by Regulatory Agencies
other than the City. In order to avoid the possibility of overlapping and potentially
contradictory regulation of such FSEs, this Chapter is not intended to apply to FSEs
or other dischargers which do not discharge into the City's sanitary sewer system.
L. This Chapter establishes, quantity and quality standards on all
wastewater and/or waste discharges containing FOG, whieh may alone or collectively
cause or contribute to FOG accumulation in the sewer facilities causing or potentially
causing or contributing to the oceurrence ofSSOs.
9.25.010
Definitions.
I
A. Unless otherwise defined herein, terms related to water quality shall
be as defined in the Sewer WDRs and in the latest edition of Standard Methods for
EXlIlDination of Water and Wastewater, p'ublished by the American Public Health
I
Association, the American Water Works,.Association and the Water Environment
. 1
Federation. The testing procedures for waste constituents and eharacteristies shall be
as provided in 40 CFR 136 (Code of Federal Re~ulations).
B. Other terms not herein defined are defined as being the slllDe as set
forth in the latest adopted applieable editions of the California Codes applicable to
building construction adopted pursulll1t to the California Building Standards Law.
C. Subject to tlle foregoing provisions, the following words and phrases
shallmelll1:
Ordinance Number 17~&
1. "Best Management Practices": schedules of activities,
prohibitions of practices, maintenance proeedures and other management practices to
prevent or reduce the introduction of FOG to the sewer facilities.
2.
the City Engineer.
"Director': the Director ofthe Department of Public Works,
3. "Discharger": any person who discharges or causes a
discharge of wastewater directly or indirectly to fue sewer facilities. Discharger shall
have fue slllDe meaning as User.
1
4. "Fats, Oils, and Grease ("FOG")": lIl1Y substance, sueh as a
vegetable, animal or other product that is used in, or is a byproduct of, the cooking or
food preparation process, and that turns or may turn viscous or solidifies with a
change in temperature or other conditions.
.
5. "FOG Control Program": the FOG Control ProgrlllD required
by and developed pursuant to Section (C;)(12)(viii) of the Sewer WDRs.
. 6. "FOG Discharge Manuaf': the "Fats, Oil and Grease
Diseharge Manual", setting forth Best Management Practices for FSEs, as approved
by the Director.
7. "FOG Wastewater Discharge Permit" or "Discharge Permit ":
a permit issued by the City subject to the requirements and conditions established by
the City authorizing the Permittee or discharger to discharge wastewater into the
City's facilities or into sewer facilities or which ultimately discharge into such a
facility.
8. "Food Grinder": any device installed in the plumbing of a
facility or sewage system for the purpose of grinding food waste or food preparation
by products for the purpose of disposing it in the sewer system.
I
9. "Food Service Establishment ("FSE')": Facilities defined in
C8Iifomia Uniform Retail Food Facility Law (CURFFL) Health & Safety Code ~
113785, and any commereial or public entity within the boundaries of fue City,
operating in a permanently constructed structure such as a room, building, or place,
or portion thereof, maintained, used, or operated for the purpose of storing, preparing,
serving, or mlll1ufacturing, packaging, or otherwise hlll1dling food for sale to other
entities, or for consumption by the public, its members or employees, and which has
any process or device that uses or produces FOG, or grease vapors, stelllD, fumes,
smoke or odors that are required to be removed by a Type I or Type II hood, as
defined in CURFFL. A limited food preparation establishment is not eonsidered a
FSE when engaged only in reheating, hot holding or assembly of ready to eat food
products and as a result, fuere is no wast\lWater discharge containing a significant
lIlDount of FOG. A limited food preparation establishment does not include any
operation that changes the fOrIl1' flav~r, or consisteney of food. '
10. "Grab Sample": a slllDple taken from,a waste strelllD on a one-
time basis without regard to the flow in the waste stream and without eonsideration
of time.
I
11. "Grease Control D,evice": ' any grease in~ereeptor, grease trap
or other mechanism, device, or proeess, which attaches to, or is applied to,
wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or
treat FOG prior to it being discharged into,the sew.er system. A grease control device
may also include any othe~ proven ~e~od~to requqe, FOG ~ubject to the approval of
the Director. ' , , .
" . I f"
" !
,I
, t,
,
Ordinance Number /5"J.&
12. "Grease Disposal Mitigation Fee": a fee charged to an
Owner/Operator of a FSE, as provided in this Chapter, when there are physical
limitations to the property that make the installation of the usual and customary
grease interceptor or grease control device for the FSE under consideration
impossible. .
I
13. "Grease Interceptor": a multi-compartment device that is
eonstructed in different sizes and is generally required to be located, according to the
California Plumbing Code, underground between a FSE and the connection to the
sewer system. These devices primarily use gravity to separate FOG from the
wastewater as it moves from one eompartment to the next.
I ( "Grease ,Trap": a grease control device that is used to serve
individual fixtures and have limited effect and should only be used in those cases
where the use of a grease interceptor or other grease control device is determined to
be impossible.
15. "Inspector": a person authorized by the City to inspect any
existing or proposed wastewater generation, conveyance, processing, and disposal
facilities.
'I 1
16. "Interference": any:discharge which, alone or in conjunction
with diseharges from other sources, inhibits or disrupts the City's sewer system,
treatment processes or operations; or is a eause of violation of the City's NPDES or
Waste Discharge Requirements.
I
17. "Local Sewering Agency": anypublie agency or private entity
responsible for the collection and disposal of wastewater to the City's sewer facilities
duly authorized under the laws of the State of California to construct and/or maintain
public sewers.
18. "Major Operational Change": a physieal change or
operational change eausing generation of the lIlDOunt of FOG that exceed the current
lIlDOunt of FOG diseharge to the sewer system by the Food Service Establishment in
an lIlDOunt that alone or collectively causes or ereate a potential for SSOs to occur.
19. "New Construction": any structure planned or under
construction for which a sewer connection permit has not been issued.
20. "Permittee": a person who has received a discharge permit to
discharge wastewater into the City's sewer facilities subject to the requirements and
conditions established by the City.
21. "Public Agency": the State of California: and/or any city,
county, speeial distriet, other local governmental authority or public body of or
within tl1is State.
I
22. "Public Sewer": a sewer owned and operated by the City, or
other local Public Agency, which is tributary to the City's sewer facilities.
23. "Regulatory Agency": regulatory agency or regulatory
agencies shall mean those agencies having regulatory jurisdiction over the operations
of the city, ineluding, but not limited to: '
a. United St~~es EilV-ironmental Protection Agency,
Region IX, San Francisco and Washington, DC (EP A).
b. California State Water Resourees Control Board
(SWRCB).
Ordinance Number ~
c. California Regional Water Quality Control Board,
Santa Ana Region (Santa Ana RWQCB).
d. South Coast Air Quality Management District
(SCAQMD).
e. California Department of Health Services (DOHS).
f.
Any Public Agency.
I
24. "Sewage": wastewater.
25. "Sewer Facilities or System ": any and all facilities used for
collecting, conveying, pumping, treating, and disposing of wastewater and sludge
operated by the City, ineluding the Publie Sewer.26"Sewer Latera": a building
sewer as defined in the latest edition of ilie California Plumbing Code. It is the
wastewater connection between the building's wastewater facilities and a public
sewer system.
26. "Sewer WDRs": the "General Waste Diseharge Requirements
for Sewer Collection Ageneies in Orange County Within the Santa Ana Region,"
(Order No. R8-2002-0014), dated April 26, 2002, adopted by the Santa Ana
R WQCB, and any suceessor permifto such WDRs.
27. "Sludge": any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or pretreatment facility.
,28. "User": any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewersystem. User shall mean the slllDe
as Diseharger.
I
29. "Waste": sewage and any and all oilier waste substanees,
liquid, solid, gaseous or radioactive, associated with human habitation or of human or
animal nature, including such wastes plaeed within eontainers of whatever nature
prior to and for the purpose of disposal.
30. "Wastewater": the liquid and water-carried wastes of ilie
c01Dl11unity and all constituents thereof, whether treated or untreated, discharged into
or permitted to enter a public sewer.
31. "Wastewater Constituents and Characteristics": the
individual chemical, physical, bacteriological, and other parlllDeters, including
volume and flow rate and such other parlllDeters iliat serve to derme, classify or
measure the quality and quantity of wastewater.
32. "Water Minimization Practices": plans or progrlllDS intended
to reduce or eliminate discharges to the sewer system or to conserve water, including,
but not limited to, produet substitutions, housekeeping practices, inventory control,
employee education, and other steps as necessary to minimize wastewater produced.
~ 9.25.015
FOG Discharge Requirement.
I
No FSE ("FSE") shall discharge or cause to be discharged into the sewer
system FOG that exceeds a eoncentration level adopted by a Regulatory Agency or
that may aeeumulate and/or cause or contribute to bloekages in the sewer system or at
the sewer system lateral which connects the FSE to the sewer system.
~ 9.25.020
Prohibitions.
The following prohibitions shall apply to all FSEs:
Il:
"'
Ordinance Number /5J1.t
A. No person shall discharge, or cause to be discharged any wastewater
from FSEs directly or indirectly into the sewer system without first obtaining a FOG
Wastewater Discharge Permit pursuant to this Chapter.
I
B. Discharge of any waste, including FOG and solid materials removed
from the grease control device to the sewer system, is prohibited.
C. The discharge of any waste or FOG to the sewer system which fails to
comply with the FOG Discharge Manual is prohibited.
D. The discharge of any waste or FOG to the sewer system in a manner
which either violates the Sewer WDRs or causes or contributes to condition which
fails to comply with any of the provisions of the Sewer WDRs is prohibited.
g 9.25.025
Food Grinders Prohibited.'
A. No food grinder shall J?e installed in a plumbing system of new
construction of an FSE.
B. All food grinders shall be removed from an existing FSE upon: (i)
major operational change to the FSE; or (ii) any construction requiring the issuance
of a building permit for either remodeling or construction of the FSE valued at $500
or more.
g 9.25.030
Best Management Practibes Required.
I
A. All FSEs shall implement Best Management Practices in its operation
to minimize the discharge of FOG to the sewer system.
B. All FSEs must implement and demonstrate compliance with Best
Management Practices (BMP) requirements as specified in the City's FOG Discharge
Manual. Detailed requirements for Best Management Practices are specified in the
FOG Discharge Manual and may include kitchen practices and eniployee training that
are essential in minimizing FOG discharges.
g 9.25.035
Fog Pretreatment Requir.ed.
I.
FSEs are required to install, operate and maintain an approved type and
adequately sized 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.
g 9.25.040
A.
Variance and Waiver of Grease Interceptor Requirement.
Variance from Grease Interceotor Reauirements
I
A variance or a conditional waiver from the 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 alternative pretreatment technology that is, at least,
equally effective in controlling the FOG discharge in lieu of a 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 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 Grease Interceotor Installation with a Grease DisDosal
Mitil!ation Fee.
Ordinance Number I;)~&
For FSEs where the installativn o't:grease interceptor is not feasible and no
equivalent alternative pretreatment can be installed, a waiver from the 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 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 anyone 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 cap demonstrate that a grease interceptor has
been or will be installed at the FSE.
I
C. Aoolication for Waiver or Variance of Reauirement for Grease
Interceotor
A FSE may submit an application for waiver or variance from the 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. '
g 9.25.045
Multiple FSEs at Commercial Properties.
I
For Properties at which multiple FSEs are operated on a single parcel, each
FSE operator shall be individually and separately responsible for installation and
maintenance of the grease interceptor serving its FSEs and for compliance with this
Chapter. Furthermore, owners of commercial properties at which multiple FSEs that
are operated on a single parcel shall be responsible for ensuring compliance by each
FSE on the parcel. Such operators and/or property owner can comply with this
Chapter by installing and maintaining a grease interceptor or grease interceptors
serving multiple FSEs upon approval by the Director on such terms and conditions
that the Director may establish in his sole discretion.
g 9.25.050
Grease Disposal Mitigation Fee.
A. FSEs that operate without a grease control interceptor may be required
to pay an annual Grease Disposal Mitig~tjon Fee to equitably cover the costs of
increased maintenance and ad1,I1inistratioc pfthe ~wer 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, to operate without ,an approved grease interceptor unless the
Director has determined that it is impossible to install or operate a grease control
interceptor for the FSE under the provisions of this Chapter.
I
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.
f'"
. "1
Ordinance Number /5~
..
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
sanitary sewer overflow ('SSO'') in the sewer downstream, or surrounding the FSE
prior to the waiver request.
I
g 9.25.055
Sewer System Overflows, Public Nuisance, Abatement Orders
and Cleanup Costs.
I
Notwithstanding any waiver of grease interceptor requirements 'under this
Chapter, FSEs determined by the Director to have contributed to a sewer blockage,
SSOs or any sewer system interferences resulting from the discharge of wastewater or
waste containing FOG, may be ordered by the Director to immediately install and
maintain a grease interceptor, and may be subject to a plan determined by the
Director to abate the nuisance and prevent any future health hazards created by sewer
line failures and blockages, SSOs or any other sewer system interferences. SSOs
may cause threat and injury to public health, safety, and welfare oflife and property
and are hereby declared public nuisances. Furthermore, sewer lateral failures and
SSOs caused by FSEs alone or collectively are the responsibility' of the private
property owner or FSE, and individual(s) as a responsible officer or owner of the
FSE. If the City must act immediately to contain and clean up an SSO-caused by
blockage of a private or public sewer lateral or serving a FSE, or at the request of the
property owner or operator of the FSE, or because of the failure of the property owner
or FSE to abate the condition causing immediate threat of injury to the health, safety,
welfare, or property of the public, the City's costs for such abatement may be entirely
borne by the property owner or operator of the FSE, and individual(s) as a
responsible officer or owner of the FSE(s) and may constitute a debt to the City and
become due and in1mediately payable upon the City's request for reimbursement of
such costs.
g 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.
I
C. The City shall not issue a certificate of occupancy for any new
construction, or occupancy unless a FSE has fully complied with the provisions of
this Chapter.
g 9.25.065
FOG Wastewater Discharge Permit Application.
A. Any person required to obtain a FOG Wastewater Discharge Permit
shall complete and file with the City prior to commencing discharges, an application
in a form prescribed by the Director and shall provide the City such information and
documents as the Director determines is necessary and appropriilte to properly
evaluate the application. The applicable fees shall accompany this application. After
evaluation of the data furnished, the Director may issue a FOG Wastewater Discharge
I
Ordinance Number 1'5;>.&
Permit, subject to terms and conditions set forth in this Chapter and as otherwise
determined by the Director to be appropriate to protect the City's sewer system.
g 9.25.070
FOG Wastewater Discharge Permit Conditions.
The issuance oh FOG Wastewater Discharge Permit may contain any of the
followin!J: condition~ or limits as determined by the Director:
A. Limits on discharge of FOG and other priority pollutants.
I
B. Requirements for proper operation and maintenance 'of grease
interceptors and other grease control devices.
C. Grease interceptor 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.
F. Requirements for maintaining and submitting logs and records,
including waste hauling records and waste :!llanifests.
G. Requirements to self-monitor.
H. Requirements for t.':1e 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 cC:!llpliance with this Chapter, the Sewer
WDRs and other applicable laws, rules and regulations, including any NPDES permit
applicable to the City.
I
J. Additional requirements as ::therwise 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.
g 9.25.075
FOG Waste Water Discharge Permit Fee.
The FOG Wastewater Discharge Permit fee shall be paid by the applicant in
an amount adopted by resolution of the City Council. Payment of permit fees must
be received by the City prior to issuance of either a new discharge permit or a
renewed discharge permit. A Permittee shall also pay any delinquent invoices in full
prior to permit renewal.
g 9.25.080 FOG Wastewater Discharge Permit Modification of Terms and
Conditions.
I
A. The terms and conditions of an issued discharge permit may be subject
to modification and change by the sole determination of the Director during the life
of the permit based on:
I. The discharger's current or anticipated operating data;
2. The City's current or anticipated operating data;
,l.l
-,
,Ordinance Number /5~
3.
affect the City; or
Changes in the requirements of Regulatory Agencies which
4. A determination by the Director that such modification is
appropriate to further the objectives of this Chapter.
I
B. The Permittee may request a modification to the terms and conditions
of an issued discharge permit. The request shall be in writing stating the requested
change, and the reasons for the change. The Di~tor shall review the request, make
a determination on the request, and respond in writing.
C. The Permittee shall be informed of any change in the discharge permit
limits, conditions, or requirements at least 45 days prior to the effective date of
change. Any changes or new conditions in the discharge permit shall include a
reasonable time schedule for compliance.
g 9.25.085
FOG Wastewater Discharge Permit Duration and Renewal.
- I
FOG Wastewater Discharge Penrtits shall be issued for a period not to exceed
1 year. Upon expiration ofthe discharge permit, the user shall apply for renewal of
the permit in accordance with the provisions of this Chapter.
g 9.25.090 Exemption from FOG Wastewater Disc~arge Permit.
A limited food preparation establishment is not considered a FSE for the
purposes of this Chapter and is exempt from obtaining a FOG Wastewater Discharge
Permit.
I
g 9.25.095
Non-Transferability of FOG Wastewater Discharge Permits.
A. FOG Wastew~ter Discharge Permits issued under this Chapter are for
a specific FSE, for a specific operation and create no vested or property rights.
B. No FOG Wastewater Disoharge Permit holl~er shall assign, transfer or
sell any FOG Wastewater bischarge Permit issued under this Chapter nor use any
such permit for or on any premises or for facilities or operations or discharges not
expressly encompassed within the underlying permit.
C. Any FOG Wastewater Discharge Permit, which is transferred to a new
owner or operator or to a new facility, is void.
g 9.25.100
FOG Wastewater Discharge Permit Charge for Use.
In addition to the FOG Wastewater Discharge Permit application fee, a charge
to cover all costs of the City for providing the sewer service and monitoring shall be
established by resolution of the City Council.
g 9.25.105 'Grease Interceptor Requirements.
I
A. Grease Interceptors shall be maintained in efficient operating
condition in accordance with the FOG Discharge Manual.
B. Grease interceptors must be cleaned, maintained, and FOG must be
removed from grease interceptors at regular intervals.
C. FOG removed from grease interceptors shall be waste hauled
periodically as part of the operation and maintenance requirements for grease
interceptors and disposed of in a proper manner and at regular intervals.
g 9.Z5.110
Monitoring and Reporting Conditions.
'I
Ordinance Number /5~
A. Monitorinl! for Comoliance with FOG Wastewater Discharge
Conditions and Reoortinl! Reauirements
1. The Director may require periodic reporting of the status of
implementation of Best Management Practices, in accordance with the FOG Control
Program and the FOG Discharge Manual.
2. The Director may require visual and other monitoring at the
sole expense of the Permittee to observe the actual conditions of the FSE's sewer
lateral and sewer lines downstream.
I
3. 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
Wastewater Discharge Permit 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 sl;lbmitted upon request of the Director.
4. 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 Wastewater Discharge Permit
or in this Chapter.
5. The Permittee shal! be responsible for any and all expenses of
the City in undertaking such monitoring analyses and preparation of reports.
6. 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.
I
B. Record Keeoinl! Reauirements
The Permittee shall be required to keep all documents identified by the
Director relating to its compliance with this Chapter, including 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 2 years. The
Permittee shall, upon request, make the manifests, receipts and invoices available to
any City representative, or inspector.
C. Falsifvinl! Information or TamDerinl! with Process
It shall be unlawful to make any false statement, representation, record,
report, plan or other document that is filed with the City, or to tamper with or
knowingly render inoperable any grease control device, monitoring device or method
or access point required under this Chapter.
g 9.25.115
Inspection and Sampling Conditions.
A. The Director may inspect and sample or order the inspection and
sampling of the wastewater discharges of any FSE to ascertain whether the intent of
this Chapter is being met and the Permittee is complying with all requirements. The
Permittee shall allow the City access to the FSE premises, during normal business
hours, for purposes of inspecting the FSE's grease control devices or interceptor,
reviewing the manifests, receipts, invoices and other documents and information and
to make inquiries of the Permittee and its employees relating to the cleaning,
maintenance and inspection of the grease control devices or interceptor or other
facilities relating to discharges into the sewer system.
I
..1.'\
,
Ordinance Number I~~
B. 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 a FSE has security
measures in force, the Permittee ~hall, make necessary arrangements so that
I , ,
representatives of the City shall be permitted to enter without delay for the purpose of
performing their specifil? resphnsibilities.
I
C. For the Director to detenriine the wastewater chanicteristics of the
discharger for purposes of determining the annual use charge and for compliance
with FOG Wastewater Discharge Permit requirements, the Permittee shall make
available for inspection and copying by the City all notices, monitoring reports, waste
manifests, and records including, but not limited to, those related to wastewater
generation, and wastewater disposal without restriction but subject to the
confidentiality provision set forth in this Chapter. All such records shall be kept by
the Permittee a minimum of2 years.
g 9.25.120
Right of Entry.
Persons or occupants of premises where wastewater is created or discharged
shall allow the Director, or City representatives, reasonable access to all parts of the
FSE and all wastewater generating and disposal facilities for the purposes of
inspection and sampling during all times the discharger's facility is open, operating,
or any other reasonable time. No person shall interfere with, "delay, resist or refuse
entrance to City representatives attempting to inspect any FSE or facility involved
directly or indirectly with a discharge of wastewater to the City's sewer system.
.
g 9.25.125
Notification of . Spill.
I
A. In . the event a Permittee 'is unable to comply with any FOG
Wastewater Discharge Permit condition due to a breakdown of equipment, accidents,
or human error or the Permittee has reasonable opportunity to know that hislherfits
discharge will exceed the discharge provisions of the FOG Wastewater Discharge
Permit or this Chapter, the discharger shall immediately notify the City by telephone
at the number specified in the Permit. If the material discharged to the sewer has the
potential to cause or results in sewer blockages or SSOs, the discharger shall
"
immediately notify the local Health Depa!tment; City or County, and the City.
,
. i
B. Confirmation of this notification shall be made in writing to the
Director at the address specified in the FOG Wastewater Discharge Permit no later
than 5 working days from the date of the incident. The written notification shall state
the date of the ineident, 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.
I
C. Such notification shall not relieve the 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 person or pr!lperty; nor shall such notification
relieve the Permittee of any fees or,other liability which may be imposed by this
Chapter or other applicable law. : '
!l 9.25.130
Enforcement.
A. The City Council finds that, in order for the City to comply with the
laws, regulations, and rules imposed upon it by Regulatory Agencies and to ensure
that the City's sewer facilities are protected and are able to operate with the highest
degree of efficiency, and to protect the public health and environment, specific
enforcement provisions must be adopted to govern the discharges to the City's sewer
system by FSEs.
Ordinance Number /?~
B. To ensure that all interest~ parties are afforded due process of law
and that violations are resolved as soon as possible, a Permittee, or applicant for a
permit may appeal any determination made by the Director, including but not limited
to a denial of a discharge permit, a notice of violation; permit suspension or
revocation; or a Compliance Schedule Agreement (CSA), pursuant to the procedures
set forth in Section 9.25.185.
C. The City, at its discretion, may utilize anyone, combination, or all
enforcement remedies provided in this Chapter in response to any FOG Wastewater
Discharge Permit or Chapter violations.
I
g 9.25.135
Violations
A. The owner and operator of a FSE or Permittee shaU be in violation of
this Chapter if such owner or operator or Permittee:
1. Fails to instaU an approved grease control device as required
by this Chapter; or
2. Makes any false statement, representation, record, report, plan
or other document that is filed with the City; or
3. Tampers with or knowingly renders inoperable any grease
control device required under this Chapter; or
4. Fails to clean, properly operate, maintain or remove FOG from
a grease control device within the required time for such cleaning, maintenance or
grease removal; or
I
5. Fails to keep up-to-date and accurate records of all cleaning,
maintenance, and FOG removal and upon request to make those records available to
any City Code Enforcement representative, or his or her designee, any representative
of a local sanitation agency that has jurisdiction over the sanitary sewer system that
services the FSE, or any Authorized Inspector that has jurisdiction under the Water
Quality Chapter; or
6. Refuses a City Code Enforcement representative, or his or her
designee, a representative of a local sanitary sewer agency that has jurisdiction over
the sanitary sewer system that services the FSE, or any Authorized Inspector,
reasonable access to the FSE for the purposes of inspecting, monitoring, or reviewing
the Grease Control Device manifests, receipts and invoices of aU cleaning,
maintenance, grease removal of/from the Grease Control Device, and/or to inspect
the Grease Control Device; or
7. Disposes of, or kllowingly aUows or directs FOG to be
disposed of, in an unlawful manner; or ,
."
8. Fails to remove all food grinders located in the Food Facility
by the date specified by this Chapter; or
9. Introduces additives into a wastewater system for the purposes
of emulsifying FOG without the written, specific authorization from City and the
sanitary sewer agency that has jurisdictioQ ofthe sl!Ilitary sewer system that services
the FSE; or '
I
10. Fails to pay the Grease Disposal Mitigation Fee as specified in
this Chapter when due'; or
11. Fails to comply wi~ the provisions of the FOG Manual; or
"
,.1.
, ,~
Ordinance Number /S~~
12. Otherwise fails to comply with the provisions of this Chapter
or any permit issued by the City under this Chapter.
B. Violations under this Section shall be subject to the procedures,
penalties and remedies set out in this Chapter and Chapter 1.15. All costs for the
investigations, enforcement actions, and ultimate corrections of violations under this
Section, incurred by the City shall be reimbursed by the owner/operator of the FSE.
I
g 9.25.140 Compliance Schedule Agreement (CSA).
I
A. Upon determination by the Director that a Permittee or other owner or
operator of a FSE or owner of a Property is in noncompliance with the terms and
conditions specified in its FOG Wastewater Discharge Permit or any provision of this
Chapter, or needs to construct and/or acquire and install a grease control device or
grease interceptor, the Director may require the Permittee, owner or operator to enter
into a CSA.
B. The issuance of a CSA 'may contain terms and conditions as
determined appropriate by the Director, including but not limited to requirements for
installation of a grease control device, grease interceptor and facilities, submittal of
drawings or reports, audit of waste hauling records, 'best management and waste
minimization practices, payment of fees, or other provisions to ensure compliance
with this Chapter. .
I
,
C. The Director shall not enter into an CSA until such time as all
amounts owed to the City, including user fees, noncompliance sampling fees, or, or
other amounts due are paid in full, or an agreement for deferred payment secured by
collateral or a third party, is approved by the Director.
D. If compliance is not achieved in accordance with the terms and
conditions of a CSA during its term, the Director may issue an order suspending or
revoking the discharge permit pursuant to this Chapter.
A 9.25.145
FOG Wastewater Discharge Permit Suspension.
A.
Permittee:
The Director may suspend any permit when it is determined that a
I. Fails to comply with the terms and conditions of a CSA order.
2. Knowingly provides a false statement, representation, record,
report, or other document to the City.
3. Refuses to provide records, reports, plans, or other documents
required by the City to determine permit terms or conditions, discharge compliance,
or compliance with this Chapter.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
I
5. Refuses reasonable access to the Permittee's premises for the
purpose of inspection and monitoring.
6. Does not make tim~ly payment of all amounts owed to the City
for user charges, permit fees, or any other, fees imposed pursuant to this Chapter.
7. Causes interference, sewer blockages, or SSOs with the City's
collection, treatment, or disposal system.
Ordinance Number /~~
8. Violates grease interceptor or grease control device
maintenance requirements, or any condition or limit of its FOG Wastewater
Discharge Permit or any provision of this Chapter.
B. When the Director has reason to believe that grounds exist for permit
suspension, he/she shall give written notice thereofby certified mail to the Permittee
setting forth a statement ofthe facts and grounds deemed to exist.
C. Effect
I
1. Upon an order of suspension by the Director, the Permittee
shall immediately cease and desist its discharge and shall have no right to discharge
any wastewater containing FOG directly or indirectly to the City's system for the
duration of the suspension. All costs for physically terminating and reinstating
service shall be paid by the Permittee.
2. Any owner or responsible management employee of the
Permittee shall be bound by the order of suspension.
g 9.25.150
Permit Revocation
A. Revocation. The Director may revoke any FOG Wastewater
Discharge Permit when it is detemiined that a Permittee has failed to comply with
this Chapter.
B. Notice of Revocation. When the Director has reason to believe that
grounds exist for the revocation of a FOG Wastewater Discharge Permit, he/she shall
give written notice by certified mail Lltereo':to the Permittee setting forth a statement
of the facts and grounds.
C. Effect of Revocation.
I
I. Upon an order of revocation by the Director becoming fmal,
the Permittee shall permanently lose all rights to discharge any wastewater containing
FOG directly or indirectly to the City's system. All costs for physical termination
shall be paid by the Permittee.
2. Any owner or responsible management employee of the
Permittee shall be bound by the order of revocation.
3. Any future application for a discharge permit at any location
within the City by any person associated with an order of revocation will be
considered by the City after fully reviewing the records of the revoked FOG
Wastewater Discharge Permit, which records may be the basis for denial of a new
permit.
4. An order of FOG .wastewater Discharge Permit revocation
issued by the Director shall be final in all respects on the 16th day after it is mailed to
the Permittee.
g 9.25.155
Damages to Facilities or Interruption of Normal Operations.
I
A. Any person who discharges any waste, including but not limited to
those listed under 40 CFR 403.5, which causes or contributes to any sewer blockage,
SSOs, obstruction, interference, damage, or any other impairment to the City's sewer
system or sewer facilities or to the operation of the sewer system or those facilities
shall be liable for all costs required to clean or repair the system or facilities, together
with expenses ineurred by the City to resume normal operations. A service charge of
(25% of City's costs shall be added to the costs and charges to reimburse the City for
.:1
"1
"
Ordinance Number I~
.,
miscellaneous overhead, including administrative persounel and record keeping. The
total amount shall be payable within 45 days of invoicing by the City.
I
B. Any person who discharges a waste which causes or contributes to the
City violating its Sewer WDRs or any other discharge requirements or permits
established by any Regulatory Agency or the City incurring additional expenses or
suffering losses or damage to the sewer system or sewer facilities, shall be liable for
any costs or expenses incurred by the City, including regulatory fines, penalties, and
assessments made by other agencies or a court, and including any attorney's fees
incurred by the City.
g 9.25.160
Public Nuisance.
Discharge of wastewater in any manner in violation of this Chapter or of any
order issued by the Director, as authprized by this Chapter, or any provisions of a
FOG Wastewater Discharge Permit is hereby declared a public nuisance and shall be
corrected or abated as directed by the Director. Any person creating a public
nuisance is guilty of a misdemeanor.
g 9.25.165
Termination of Service.
A. The City, by order of the Director, may physically terminate sewer
service and water service to any FSE, as follows:
I. On a term of any order of suspension or revocation of a FOG
Wastewater Discharge Permit; or
. '
I
,2. Upon the failure of a person not holding a valid Discharge
Permit to immediately cease the discharge, whether direct or indirect, to the City's
sewer facilities after the notice and process as provided herein.
B. All costs for pHysical termination shall be paid by the owner or
I
operator ofthe FSE or Permittee as well as all costs for reinstating service.
g 9.25.170
Emergency Suspension Q.rder. ,
I ~ :
The City may, by order ofthe Direytor, s,uspend sewer service and/ or water
service when the Director determines that.such suspension'is necessary in order to
stop an actual or impending discharge which presents or may present an imminent or
substantial endangerment to the health and welfare of persons, or to the environment,
or may cause SSOs, sewer blockages, interference to the City's sewer facilities, or
may cause the City to violate any State or Federal Law or Regulation or the Sewer
WDRs. Any discharger notified of.and subject to an Emergency Suspension Order
shall immediately cease and desist the discharge of all wastewater containing FOG to
the sewer system.
g 9.25.175
Civil Penalties.
I
A. In addition to criminal penalties and administrative penalties
authorized by this Municipal Code, all users of the City's system and facilities are
subject to enforcement actions administratively or judicially by the City, U.S. EP A,
Santa Ana RWQCB, or the County of Orange and other Regulatory Agencies. Said
actions may be taken pursuant to the authoritY and provisions of several laws,
including bu~ not limited to: (1) Federal Water Pollution Control Act, commonly
known as the Clean Water Act (33 U.S.C.A. Section 1251 et seq.); (2) Califomia
Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et
seq.); (3) California Hazardous Waste Control Law (Califomia Health & Safety Code
Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of1976 (42
U.S.C.A Section 6901 et seq.); and (5) California Government Code, Sections
54739-54740.
Ordinance Number 15;L{/
B. In the event the City is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or enforcement
agencies based on a violation oflaw or regUlation or its permits or the Sewer WDRs,
and said violation can be established by (I1e City, as caused by the discharge of any
user of the City's system which is in violation of any provision of the City's Chapter
or the user's FOG Wastewater Discharge Permit, the City shall be entitled to recover
from the user all costs and expenses, including, but not limited to, the full amount of
said fines or penalties to which it has been subjected.
I
C. Pursuant to the authority of Califomia Government Code Sections
54739 - 54740, any person who violates any provision of this Chapter; any permit
condition, prohibition or effluent limit; or any suspension or revocation order shall be
liable civilly for a sum not to exceed $25,000.00 per violation for each day in which
such violation occurs. Pursuant to the authority of the Clean Water Act, 33 U.S.C.
Section 1251 et seq., any person who violates any provision of this Chapter, or any
permit condition, prohibition, or effluent limit shall be liable civilly for a sum not to
exceed $25,000.00 per violation for each day in which such violation occurs. The
City Attorney, upon request of the Director, shall petition the Superior Court to
impose, assess, and recover such penalties, or such other penalties as the City may
impose, assess, and recover pursuant to Federal and/or State legislative authorization.
D. Administrative Civil Penalties
Pursuant to the authority of California Government Code Sections 54740.5
and 54740.6, the City may issue an administrative complaint to any person who
violates:
I. any provision of this Chapter;
I
2. any condition, prohibition, or effluent limit of a FOG
Wastewater Discharge Permit or CSA; or
3. any suspension or revocation order.
g 9.25.180
Criminal Penalties.
Any person who violates any provision of this Chapter or of a FOG
Wastewater Discharge Permit or CSA is guilty of a misdemeanor, which upon
conviction is punishable by a fine not to exceed $1,000.00, or imprisonment for not
more than 6 months, or both. Each violation and each day in which a violation
occurs may constitute a new and separate violation of this Chapter and shall be
subject to the penalties contained herein.
g 9.25.185
Appeals to the City Manager.
,
Any FSE, permit applicant, pr P~imittee adversely affected by a decision
made by the Director may app,eal the det;ision by filing, within 10 days, a written
request for hearing before the:City Man~ger accompanied by an appeal fee in an
amount established by resolution. The request for hearing shall set forth in detail all
the issues in dispute all facts supporting appellant's request. A hearing shall be held
by the City Manager within 65 days. Iftb,e matter is not heard within the required
time, the order of Director shall be deem~ final. The appeal fee shall be refunded if
the City Manager reverses or modifies, in favor of the appellant, the order of the
Director. After the hearing, the City Manager shall uphold, modify, or reverse the
decision. The written decision shall be sent by certified mail to the appellant or its
legal counsel/representative at the appellant's business address. The City Manager's
decision shall be final.
I
g 9.25.190
Payment of Charges.
I
I
I
:'t,
'1"
Ordinance Number 151~
A. Except 'as otherwise provided, all fees, charges and penalties
established by this Chapter are due and payable upon receipt of notice thereof. All
such amounts are delinquent if unpaid 45 days after'date of invoice.
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following: '
1. Forty-six days after date ofinvoice, a basic penalty of! 0% of
the base invoice amount, not to exceed a maximum of $ 1,000.00; and
2. A penalty of 1'.5% op,er month bfthe base invoice amount and
,
basic penalty shall accrue from lII).d after the 46th day after date of invoice.
'\
C. Any invoice outstanding artd unpaid after 90 days shall be cause for
immediate initiation of permit revocation proceedings or in1mediate suspension of the
FOG Wastewater Discharge Permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the City receives written notification of said appeal
prior to the payment due date.
E. Payment of disputed charges is still required by the due date during
the City review of any appeal submitted by Permittees.
F. Collection of delinquent accounts shall be in accordance with the
City's policy resolution establishing procedures for collection of delinquent
obligations owed to the City, as amended from time to time by the City Council: Any
such action for collection may include an application for an injunction to prevent
repeated and recurring violations of this Chapter.
9.25.195 Judicial Review.
- ~ .'
/.J. ~b {!PJ~"31".
/,,'~\ . ,.pif{~~,t~ Section 1094.6 of the California Code of Civil Procedure,
the JCitY~hereby 'enac~tfiis part to limit to 90 days following final decisions in
adjudicatoIY. admnts~a{iy~ hearings the time within which an action can be brought
to review sucl!.. decisions by means of administrative mandamus.
. .., .;:.;
- ,';
B. Notwit1y;tanding the foregoing, and pursuant to Government Code
Section 54740.6, judicial review of a final order of the City Manager or the Director
imposing admiiiistrative civil penalties pursuant to this Chapter may be made only if
the petition for writ of mandate is filed not later than the 30th day following the day
on which such order becomes final."
Section 3. Pursuant to the provisions of the California Building Standards Law,
California Health and Safety Code Sections 18941.5, 17958, 17958.5 and 17958.7, the City hereby
finds that the amendments to the State'Building Standards and Housing Laws, more particularly the
California Plumbing Code, adopted herein ar~ necessary because of climatic, geological or
topographical conditions of property in the City's jurisdiction, and as more specifically described
below.
Section 9.25.035 and other provisions of this Chapter modify the authority and discretion of
the "Administrative Authority" of Section 1014.1 ofthe 2001 Califomia Plumbing Code by requiring
FSEs to install and operate a grease control, device, which may be a grease interceptor or grease trap,
if no other device, mechanism, or process is found to successfully trap or collect or treat FOG prior
to it being discharged into the sewer system. " I '
"
,'I t'
, ~ I. .
Sections 9.25.035 and 9.25.105 modify tlie gen~ral maintenance requirements for grease
interceptors of Section 1014.6 of the 2001 California Plumbing Code and establish more specific
maintenance requirements. The City's topography and geography that has created the Santa Ana
Ordinance Number 16~&
Watershed and the City's proximity to the Pacific Ocean coupled with the Sewer WDRs imposed by
the RWQCB require the strict compliance with grease control device regulations to prevent sewer
system overflows that threaten the health and safety of the public within the immediate vicinity of
the overflow and downstream to the local beaches. Additional amendments and deletions to the
California Plumbing Code are found to be administrative or procedural and are found to be
reasonable and necessary to safeguard life and property within the City.
Section 4. Pursuant to Section 1094.6 of the Califomia Code of CiVil Procedure, the City I
hereby enacts this part to limit to 90 days following final decisions in adjudicatory administrative
hearings the time within which an action can be brought to review such decisions by means of
administrative mandamus. Notwithstanding the foregoing, and pursuant to Government Code
Section 54740.6, judicial review of an order of. the City Council imposing administrative civil
penalties pursuant to Section 9.25.195 may be made only if the petition for writ of mandate is filed
not later than the 30th day following the day on which the order of the City Council becomes final.
Section 5. A copy of this Ordinance shall be filed with the Califomia Building Standards
Commission and the California Department of Housing and Community Development.
Section 6. If any section, subsection,. subdivision, sentence, clause or phrase of this
Ordinance is for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not
affect the validity of this entire Ordinance or any of the remaining portions hereof. The City Council
hereby declares that it would have passed this Ordinance, and each section, subsection, subdivision,
sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections,
subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid.
PASSED, APPROVED AND ADOPTED
meeting thereof held on the q.vh day of
the City Council of the City of Seal Beach at a
2004.
/#51-
Mayor
I
iT Jj
/)//~ '/}If;'./
Ci Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk ofthe City of Seal Beach, Califomia, do hereby certify that the foregoing
Ordinance is an original copy of Ordinance Number on file in the office of the City
Clerk, introduced at a meeting held on the ~ ~ day of 2004,
and passed, approved and BJI,opted by the City Council ofthe City eal Beach at a meeting held on
the ~ day of -./,.JJJrfl(1 t- ' 2004 by the fo.llowing vote:
AYES: councilmembersan~)~AAJi}n~)t(j/) ~~, ~
NOES: Councihnembers ~ /)
ABSENT: Councihnembers ~/ I
ABSTAIN: Councilmembers ~ i
and do hereby further certify that Ordinance Number / 5.;J./~ has ix;en published pursuant to the Seal
Beach City Charter and Resolution Number 2836. ,
~"jlj b'/J<<~J
erk '
I . ! ~
I
PROOFOFPUBUCATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested In the above-entitled matter.
I am the principal clerk of the printer
of the T
newspaper of general circulation,
printed and published ~ in the
City of ~, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
21:;.4175. Case Number A159565; that
the notice of which the annexed is a
printed copy (set in type not small~r
than nonpareil), has been pU:Jlished
in each regular and entire issue of'
said newspap~r-_~n$l:not}f\.~ny
supplement ~r~reqf-o~ th~.fb'lowing
dates, to-wit. .:': ~~., .. '.:: .:.. ::,~
~,t: ,".' ,.'.' '.
,. .......:.:
7/ f"'" ..' '... .',:. ,'.:. ';~
ail in the year ~90~'
" .
..
1," .. l'
", . ,,'
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
,CA,
,2004.
I
Signature
PUBLIC J'ION PROCESSED BY:
THE HUNTINGTON HARBOUR SUN
16835 Algonquin
Huntington Beach, CA 92649
(562) 430-7555
,a
h
Ordinance Number JS;4/
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
_AI IJ...'.........,JJI..................~
................,.........11............ll.1...
SUM M A R-Y . ORD~.:8},\r.=-1
NANCE NUMBER 1528,': ", ",,;,
WASTE DISCHARGE "I"" '. I
REQUIREMENTS ,.' . ,
" ,: .'~' ~.~~~. 't
,Ordinance Numbe,'1526 of "'0'1
CIty of_ Beechwtl add 0-
ler 9.22 to the MunICipal Codel
'of tho ,City of, Sool Beech regu:
Istlng the management, dI8-~
charge. and control of tati. 'oJls '
a~ grease, Into ttie Clty's sewer I
_. OrdI'loncoNlmlorl528.
'was Introduced at the regular .'
City CouncJI meeting of.June"
28th, 2004, 8nd ftm roodng Woo j'
opprovod by tho ~"~ng__; ,
,..,," .
, AYES: Anto.,'Larson, Levitt. t
Ybaben. Yost '" .. . , :'1
NOr;s:'None. Motion caf'!let;l ~,'i
Ordinance Number 1526 wllr ~
receive second reading and be
conSIdered kir Bdoptlon at the '
~ular CIty Counclf meeting a':; I
~1y.12th.~: ,CopIoo'!fOnfl.' '\
j, ' :.'
:.nance ~umber'1526 are avail-
, oblo from lhe 0ftJc0 of tho CIty'
: CloIIc, CIty HoII: 21,1" 8th SI_
.. 2SooJ527~; Ioiophono (~,43~:
. '.' "", ..,. J.. . I
~~ER :':l~~ ~ll1I].~OY"of J~'\"'l'
!-C8IgnBcQ' t' ~ :~,~ '." ~:t;.:
, lInda DevlneL CJty Clerk' r :
r CltvotSeaIB8ad1 - ,:',\1 '"
, PIi>IIshod m tho SooI Beech Sun
71112004. . '., ' .
" L'
Ordinance Number 1'5;}..&
PROOF OF PUBL,lCATION
(?015,5 C.r.:.P.)
!~ fArE OF CAllfOr-lNIA,
County of Oranf.~e
I am a dlizen of Ihf:l United Slates
;,md a r(~8klent of ltll~ county alort')-
~,;atd; 1 am over Ih0 L~fJf'l of l~ightAt')n
vea.rs, ann not i'I pal1y to or inter..
"!Jted in lhfl ahove-entitled maHer,
i am thfl nrindpal clerk of the prinler
"f 'he Sf,:.AI,.J~F;..A.(',J:LS.!J.l':\I, a
Ilewspapor ot ~enefA.1 circlJllJlion,
I "rinl'ed <'lnd puhlished W!9E':kJy in tho
l '.11\( ot ~qaU~~,l)~/1" County of
.- Ir.'lflHf' rmd whIch nElIA/spa per hllH
I '('l!'~n Hdjudqad a newspaper of
'.IAneral dmula'l'ion by the Supl;lriol
(:ollrllll' /hB Counly of Orl:lnw~, Slate
,>1 CllHfornl'., undor the dR.le 01
:?i.'?.4lJ.!';.. Gase Number Mgl;)JQ; Ihal
Ihe l10llcll of which the annexed is a
ponlerl copy (~et in ~Vpl1 nol 311'19l1er
IlIa'1 non~'areill, has been published
l/'; each mOll Jar and entire issue of
;"lic1 nAwsp~lJf.!f 8f'\d not in any
:,"prll>ml)nt Ihof(~o'f on Ihe following
: 1.l:H$, !o-wit'
"/Iq___..., __,,,,_ __ .__.... _._
.,Ii in thH VOflr :?004,
I ,~(}\"lify (or der.l[1 m) limier penrllty 01
pf'rillrv 1111'11 11ll'!' foreQoing is trllp. ;md
, ~',lI'ro(:l..
Il'-,t0d <\1 G41W, .aEtf;lGh. GA,
II'u:, lif. _. c1ay of BWJUSt:_.- __ " ,2004.
~,Mnd)____,_.._... ,_
~3i!Jnatur6
l'III3U8 nON pnOCESSED BY:
THE SEAL BEACH SUN
2'16 MaIn Streot
Seal Beac'l.pA 90740
{562) 4~~~7~,!?:5
"J ,"
. .~. "., . ~;....,..,
..- '(,:.~
." ."
..... ~.,
,'.... 1
.: ,\ "
;',. ~
... ~(:
l:
,
I
I
,
i
1
')
This space is for the Counl.y
GIGrk's FilinQ StElrTIp
I
Ero~LQtPUbIlCl!t!Qn of '__.. ,_ _....
..............fI............~ ...~.....I IT tPi - ..Ilt......
;..GIo4l..~..~!...........I~........................
,SUMMARY".; -.~ ,
,OROINANCE NUMBER 1s28 ,r
WASTE DISCHARGE. '. ~"...
I R~QUIREMENrs, .",,:,",'..,
rCllyOrll!,,;~~~'~.;.,;~; l~'oI' ':Ihe:' ,tg:hone8'h'St(S~~' Seal Beech;"el.,
I oISOal~ i ...!)431-2527--' .~.. .
I'e' 9,2S'1li:the Mu::: ~ ! ":'!.~O: THIS .12J!l daY", AUUuit .
tOltheCllyOfSealB ch !1 el'.~ ~'.., I. ,",
i~~;.~~~~~~e,*e~'1\~~: .=o..-;~~~~~~ : ~i:,
}8!td Qrease /1110 the City's sSw:;'j 41f9l2OO4m ~ ~ Beach Sun '"
-, OdnanOeNunibeil526 - . 'I, .,.. , "-
(received second readIng and I. '"
1~~':'O~fe::aIlle'l'8gUIBrClty~ ,
12004 by the, /oIiii 01 Augus' 9th," .
. " 9 ,O~ng yale.,.t .
lAVES: :;.1. ': ~.:: .!...~:'
!Ay"foS, LHIBOn, Levin Vbsbe'n'
ost . I ,
NOES:N~ ~c ..'J
,'." " '. , ,e~1
I fopls. 0' Ord,nanCe Nuin~~r"j
. 526 ere -Ircm the ' J
'01 the Clly Clepc, CIty HaII~:'
I
I