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CC AG PKT 2004-06-28 #W
AGENDA REPORT 161,0 DATE: June 28, 2004 G ;4 I TO: Honorable Mayor and City Council 1 "0 'T 1n'0' FROM: Douglas A. Dancs, Director of Public Works l � THRU: John Bahorski, City Manager SUBJECT: LEGAL AUTHORITY FOR WASTE DISCHARGE REQUIREMENTS: FATS, OILS, AND GREASE MANAGEMENT DISCHARGE AND CONTROL REGULATIONS SUMMARY OF REQUEST: The City Council action will introduce for First Reading an Ordinance of the City of Seal Beach adding Chapter 9.22 to the Code of the City of Seal Beach regulating the management, discharge and control of fats, oil and grease into the City's Sewer system. BA CKGROUND: In April 2002, the Regional Water Quality Control Board (RWQCB), Santa Ana Region, issued Order No. R8- 2002 -0014, General Waste Discharge Requirements (WDR) for all Sewage Collection Agencies in Orange County within the Santa Ana Region. This order places requirements on all wastewater agencies in an attempt to stem the rising trend of beach closures and impacts of ocean water quality that sewage spills and leaks can cause. These are called Sanitary Sewer System Overflows (SSO). If these discharges of sewage from any sewage spill or SSO are not fully contained and cleaned up, and there is a discharge of sewage to surface waters of the State, or the SSO causes a nuisance, it is a violation of this order, Sections 13260 and 13376 of the California Water Code, and Section 301 of the Clean Water Act. RWQCB can impose penalties for failure to follow the requirements of this order. Attached in Exhibit A is a history of Council Action regarding the sewer system since the permit inception including development of emergency response plans, sewer design criteria, standard plans, sewer videoing and preventative maintenance plans. Sewer spills are a major cause of beach closures. Sewer blockages account for over half of the sewer spills reported in the County and fats, oils and grease discharges have been generally determined to be a major contributor to blockages. The following information was excerpted from the Orange County Health Care Agency 2003 Annual Ocean and Bay Water Quality Report regarding sewer spills within the County and its effect on beaches. Agenda Item W "Sewage Spills and Closures • The total number of closure Beach Mile Days due to sewage spills decreased to 15 in 2003 from 13.4 in 2002. This represents the third consecutive year of decreases with a 72% reduction in the total number of closure Beach Mile Days since 2000. • The total number of ocean and bay water closures due to sewage spills decreased to 27 in 2003 from 37 in 2002. This represents the second consecutive year of decrease with a 47% decline in the number of closures since 2001. • The total number of ocean and bay water closure days due to sewage spills decreased to 81 in 2003 from 137 in 2002. This represents the second consecutive year of decrease with a 54% reduction in the number of closure days since 2001. • The estimated total volume of sewage discharged resulting in closures decreased to 14,331 gallons in 2003 from 34,285 gallons in 2002. This represents the second consecutive year of decrease with a 96% reduction in the total volume discharged since 2001. • The estimated average volume of sewage discharged per closure decreased to 530 gallons in 2003 from 926 gallons in 2002. This represents the second consecutive year of decrease with a 92% reduction in the average volume discharged since 2001. • Private property owner sewage spills accounted for 59% of all ocean and bay water closures. The percentage of private property owner sewage spills responsible for such closures had increased each year since 2000." A requirement of this Order is that all agencies develop and submit Legal Authority to the RWQCB by July 30, 2004. The Legal Authority must include specific measures relating to the agencies ability to regulate and control fats, oils, and grease discharges into the sewer system. Limit Grease Discharges that May Cause Blockages "Limit fats and greases and other debris that may cause blockages in the sewage collection system" (sec. iii) Prohibit FOG Discharges that May Cause SSOs "Prohibit discharges to the system and identify measures to prevent SSOs caused by fats, oils, and grease blockages of sewers" (sec. viii) Inspect, Enforce and Provide Sufficient Staffing "... to inspect grease producing facilities, enforcement authorities, and sufficient staff to inspect and enforce the grease ordinance" (sec. viii) Additionally, the Order also includes further program requirements that are due by December 2004. Installation of Grease Removal Devices and BMPs "...may include requirements to install grease removal devices (such as traps or, preferably interceptors), design standards for the removal devices, maintenance requirements, BMP requirements, record keeping and reporting requirements." (sec. viii) Identify Sewer Line Hot Spots and Establish Cleaning Frequencies `The grease control program shall identify sections of the sewer system subject to grease blockages and establish a cleaning maintenance schedule for each section." (sec. viii) Agenda Item Implement Source Control Measures for Hot Spots `The program shall develop and implement source control measures, for all sources of grease and fats discharged to the sewer system, for each section identified above." (sec. viii) For an easy to understand discussion of fats, oils and grease and how food service establishments ( FSE's) can reduce these discharges refer to the sample public outreach manual that is Exhibit B. One of the most effective ways to reduce grease discharge is to install an exterior grease interceptor. Interceptors can range from $5,000 to $25,000 depending on the location and the modifications required to the building plumbing. Other alternatives include interior subfloor grease interceptors and/or grease traps, as well as best management practices such as scraping plates, cleaning hoods, and proper operation and maintenance of grease control devices. This ordinance provides that new or major remodels of FSE buildings will require installation of an interceptor. Existing FSE will be granted a conditional waiver on annual basis unless there are permit violations or a sewer blockage is detected because of grease discharge. If this occurs, the FSE may be required to install an interceptor. A variance procedure will be developed to address size and space constraints such as in areas of Main Street. Although not prohibited at this time, all restaurants will be strongly encouraged to remove "food grinders" and even a nominal improvement in the building will require removal of the device. A one -page summary of scenarios is provided in Exhibit C. The next step after first reading of the ordinance will be to conduct initial public outreach with the FSE's through mailers and meetings. The second reading of the ordinance is scheduled for the July 26, 2004 City Council meeting. The program would not commence until further outreach and discussion, development of a FOG Program Manual and submittal of the program requirements to the Regional Board by December 2004. A sample FOG Program Manual is provided in Exhibit D. The ordinance is provided for Council review in Exhibit E. FISCAL IMPACT: Since any SSO may violate the term of the Order, failure to properly manage and operate the system can result in severe civil monetary fines based upon the severity of the violation. It is the intent of this program that fats, oils, and grease discharges pay for the full cost of this program so there is no ratepayer subsidy. RECOMMENDATION: It is recommended that the City Council introduce for First Reading an Ordinance of the City of Seal Beach adding Chapter 9.22 to the Code of the City of Seal Beach regulating the management, discharge and control of fats, oil and grease into the City's Sewer system. Agenda Item Prepared B • 40 4ip Douglas A. Dancs, P. . Director of Public Works /City Engineer NOT r 1 • t APPROV 6 : et i J John Ba P or i, Cit anager Ex ; •it A: Council Action regarding the Sewer System Exhibit B: Sample: Public Outreach FOG BMP Manual System Exhibit C: FSE Scenario Example Exhibit D:, Sample: Oregon FOG Control Program Manual Exhibit E: Ordinance adding Chapter 9.22 to Municipal Code to Adopt Fats, Oils, and Grease Management, Discharge, and Control Regulations Agenda Item • Exh ibit A : Agenda Item Council Action Regarding Sewer System ounciI DateDescri'•tioil t ¢ . R 04 -26 -2004 Award Bid for Annual Sewerline Cleaning 02 -23 -2004 Pub. Wrks Stand. Plans for Sewer Facilities — Res. No. 5211 01 -26 -2004 Specifications for Sewer Cleaning 12 -08 -2003 Design Criteria for Sewer Facilities - Res. 5190 07-14-2003 Project Completion - Alley Utility Replacement Program (Water and Sewer), Res. #5144 06 -09 -2003 Wastewater Conveyance Agreement (Sunset Aquatic Park Sewer) 03 -24 -2003 Sunset Aquatic Park Sewer Line Emergency 02 -10 -2003 Boeing Sewer Pump Station Reconstruction Project #49725 01 -13 -2003 Sanitary Sewer Overflow Emergency Response Plan 12 -09 -2002 Project Completion - Marina Drive Sanitary Sewer Improvements - Res. 5088 09 -23 -2002 Sewer System Management Plan 09 -23 -2002 Contract Award - Emergency Services /Maintenance for Sewer Lift Station 08 -12 -2002 Award of Contract - Alley Utility Replacement Program 07 -22 -2002 Contract Award - Marina Drive Sanitary Sewer Improvements 04 -22 -2002 Presentation - City Sewer Infrastructure 04 -22 -2002 Budget Amendment - Resolution #5001 - Overtime for Sewer/Water Safety Checks 01 -14 -2002 Award of Contract - Cleaning /Inspection /videoing Services of Old Town /College Park East Sewers A- 1 Exhiiit : Agenda Item • F ats, 1 a';:d t . ) ID 'Net Mww. D. M Ma n agement ._ ) P rac tices M anua l ue " l ` "°' � y ys t ± What is FOG FOG is a shorthand way of saying Fats, Oils and Greases. FOG is composed of animal and vegetable fats and oils that are used to cook and prepare food. FOG should be recycled for use in other products or properly disposed of or land applied. Why is FOG a Problem? A wastewater system is similar to the human body. Wastewater flows through pipes (arteries), is pumped at pump stations (heart) and is cleaned by the wastewater plant (kidneys). • Oxygen rich itr0't FOG clogs the pipes in blood ' `) the sewer system just • Oxygen poor . 1 y 1; like cholesterol clogs i - II arteries. This makes , the pumps work harder 1 0, , < `: ,, ' t ,.,, and can cause them to , , i' : ; fail, just like having a , ' ,_; heart attack. ..,,...„./ :it 3 1 i: , P, .,,, ,1,-..,-- t 3 i 't . 3 ,1 FOG can cause :( backups in your sewer ,� > V lines that can send , sewage into your home +: 1, 1 ' :, or restaurant and that is an open invitation for disease and illnesses. 3 -2 . „ 1 -., o i Y' ',, r ...: •;.," - O.,1.‘ I 1 .' , 2 _ ` .: 1� Train kitchen staff and A 6? a = , . other employees about ' how they can help ', (f � y p f . ,; , ....„.._ r ensure the Best ti Mana Practices . (BPs g ) ement are implemented. People are more willing to support an effort when they understand the basis for it. IS-3 /: Conspicu. sly st No re. se Sigs G Post these signs in restrooms, over sinks, near all floor drain, near all dishwashers and anywhere else where water may enter a drain to the sewer. Signs serve as a constant reminder for staff working with FOG. Use the Most Apropriate Water Tem 1 erature. Use water temperature of b less than 140°F in all sinks, especially the pre -rinse sink f mechanical beor ea dishwasher. Use a mechanical dishwasher with a minimum temperature of 160 ° F. Temperatures in excess of 140 ° F will dissolve grease, but it can solidify in the sanitary system as the water cools. Water from mechanical dishwashers should not be discharged through a grease trap or interceptor. Use the 3 -Sink Syste Washing Rinsing Sanitizing 1 } 1 } 1 Use the first sink to wash plates; the second sink to rinse plates and the third sink to sanitize with a 50 -100 ppm bleach solution. Water temperatures in the sinks should be less than 140 ° F. The system will save energy and costs as a result. Recycle Waste Cooking 0 4 ,,, • ,,,,,,,, ,...., a. 1 ,, r s There are man T � F � y �`1 :•- companies who ►: '' � specialize in taking '6 F.. waste cooking oil from re fryers and other types of equipment and making animal feed or fuels, such as biodiesel from it. Recycling reduces the amount of wastes that have to be disposed as a solid waste, and helps to prolong the life of any grease traps and interceptors. It keeps the FOG out of the sewer system. Iry Wipe All Pots, P d' n s and Pl. :tes t y o , .,..,„ c , ,,,, %.1"1410, '' eil.... :itiro 0 ......„ 0 0 Wiping the FOG and food that remain in pots, pans and dishware before washing will keep the FOG out of the grease . traps and interceptors. This will result in less frequent cleaning of the grease interceptors and traps, and result in lower maintenance costs. Properly 1ispose of Food Waste " Food should ,,....., , never be poured f.„,,,,,,, - down a drain or ,Ii‘ <- 9 -o into a toilet. y ; J lor , moss I Recycling of food wastes is the best option for a food service establishment. Recycling of food wastes will reduce solid waste disposal costs, and the need to more frequently clean grease traps and interceptors. There are non - profits organizations that will take food wastes to feed those who are hungry. itness Grease Intercepto r Cleani „,,,,... lv, , ,„,;..,,,. '3.2 ifi' a i �� � 'fit �? �� -' { qg J� t Grease � F Sat ���z�' h'�� � �, \ �: � r , trap /interceptor hau m ay take aM � } s�� {¢' - =�� shortcuts. They ,4 a 4 ® " may not completely clean the unit or only pa rtially remove accumulation materials. Witnessing the cleaning of the grease intercept or traps w ill ensure that the food service establishment is gett full value for the cost of the cleaning. Clean Undersink Grease \ : .:, ,,,: Traps at Least . , eekly AIR INTAKE (i LOU AND LIFT r'ICIF- - - Under sink traps fj‘ -...." have less volume than CCOW \ SAMPLE grease 'rACCIMIOLATION . : - Th .; .-li ,, • 0- • =1' ; :‘;' , :iiIiii ,- ;r' ... . ' ' '' II ' ' ' AIR interceptors. !CI RE-:MOVABLE ,,,-'!"-- •:';,:: . , ,:rii - , ...i:' . -,,-:,:':: ' -, Weekly cleaning so-Los (c,, b the At UMULAliOti'--- establishment's staff will reduce the cost of i cleaning any grease interceptors. Place recovered grease in proper disposal i container. It can go in a dumpster , if it is in a closed container. Do not pour down any i drains or in any toilets. Cleai Grease Interceptors at Least Mo nthly AIR INTERCEPTOR WANE, ; {.,� COVER Grease ... .. (A N ___.. 1 . : °UT'i interceptors must . ; ACCUMULA f ,t: - ::;SAA4PlE be cleaned ELOw ^ - O.:G - . ..' POiWi REGULATORY a ACCUMULAT3ON . -- _ iI DEVICE , ;t 3 = routinely to ensure {. ' J rti _ that grease OU S ACCIJMULAMION ' accumulation does not interfere with proper operation. The cleaning frequency is a function of the type of establishment, the size of the interceptor, and the volume of flow discharged to the interceptor. Routine cleaning will prevent plugging of the sewer line between the food service establishment and the sanitary sewer system. A backup will require someone to unplug the line and could pose a serious health risk to workers and patrons. K ee:s 1 a Maintenance Log and All Service The log serves as a record of the frequency J of cleanin g 1/7 and volume of the grease 1 i ►t� 4-41 interceptor(s). The record helps to , � Y ensure that the food service establishment is in compliance with its permit, and affords any inspector the opportunity to verify compliance. Service records verify the accuracy of the log. The log can optimize the cleaning frequency in order to reduce costs. Cover Grease Containers Stored outdoors - 8'L y e £ ; Uncovered FOG r 'k b4Ep . .,. „„ Y • 2, -,b„ps , �� containers can collect • rainwater. Since FOG ;, ` s , floats the rainwater can overflow the container ;,; ra and flow onto the d •L �_ � where it can reach ground the stormwater system. Any discharge to the stormwater may result in adding biological or chemical demand to local receiving waters. The discharge might also result in legal penalties being imposed on the food service establishment. Locate and FOG C Awa Fro Stirm Jrains t,,', r A release of FOG i „In--. c :4 (;:::-;::: can degrade water quality in receiving _, �. streams in the area 3; by adding biological biolo ical ; j ' ... "d� s t �.K and chemical y demand to the stream. Discharging of FOG into storm drains can also result in fines and other legal actions. The farther away from a storm drain the FOG is stored, the more time someone has to clean up any spills. BE AWARE of FOG dripping out of containers or dumpsters and clean up quickly. Use Absorbents Around All Storm Drains Arl Use ., :j absorbent 5 � , pads around r all storm m z. �. drains where j- 47 dump or • I, � ' - +. conta are Ott iii nearby. .,,ii,!,,st -- 4,=== 2 , 10 , ,,,i'i -.-7.401,,Ott-git0:14, t ` This can . p resent an effective barrier to prevent FOG from entering the storm drain system. Use Absorb Pacts ®r All S x k .4 �ra �z , F, Absorbent pads can �M� ' help to clean up grease z a n d o tha i spilled on ::,:t,,,,, a rrr�c the ground near outdoor rr err - 1. } 4 � :;:: Y �,�£ revent the s ills from r��}''� ; :� : p p entering the storm drain system when it rains. DO NOT use absorbent ma such as "kitty litter," or saw dust since they can flow into the storm drains when it rains. ] D' f utinel : • U S , c '. t 4 1 V 0 II Qp , x ; A ; r. If FOG escapes c - ��� � � through the kitchen 4 f � 5 c.. �- . exhaust system, it ' - .µ , H F t { � ' + ," � '� e., Q$C 5 h } a 3 � I£i ,��, can accumulate on h. , f i - �1 " ,. , ; : the roof of the house , z w ''a � ``�1 y � � a kj4 , ' 'l ,, 's ib - ° � r = > ; or restaurant and eventually start a fire or enter the storm drain when it rains. .4 t;= , ,` iVii N Do Scrape excess grease in a container and dispose of it in the trash or containers specifically designated for grease. *Place food scraps in waste containers or garbage bags for disposal with solid wastes, or start a compost pile; promote the use of scraping ware prior to washing. *Place a wastebasket in the bathroom to dispose of wastes. 'Disposable diapers, condoms, and personal hygiene products do not belong in the sewer system. *Promote the use of the 3 "R's" Reduce. Reuse and Recycle. Don't *Discharge fats, oil, and grease in concentrations that will cause an obstruction to the flow in a sewer, or pass through or interference at a wastewater treatment facility. FOG from cooking should not be placed in the kitchen or bathroom sinks or in the toilet. *Discharge grease, improperly shredded garbage, animal guts or tissues, paunch manure, bones, hide, hair, fleshings, entrails, or food scraps. *Discharge wastewater with temperatures in excess of 140° F to any grease traps. This includes water from mechanical dishwashers that have a minimum required temperature of 160° F. *Discharge waste from a food waste disposal unit to any grease traps. *Discharge caustics, acids, solvents, soaps, enzymes, or other emulsifying agents into sinks that feed grease traps and /or interceptors. *Discharge fats, wax, grease or oils containing substances that will become viscous between 32° F (0° C) and 150° F (65° C). *Utilize biological agents, chemicals, or enzymes for grease remediation without permission from the sanitary agency receiving the waste. *Clean equipment outdoors in an area where water can flow to the gutter, storm drain, or street. *Use the toilet as a wastebasket Provided by: Kent County Levy Court Dept. of Public Works Room 313 414 Federal St. Dover, DE 19901 302 - 744 -2430 302- 736 -2100 (fax) www.co.kent.de.us Exhibit • Agenda Item a `� aE as �aE 2 c 2 c 2 . ° - a) . .F6 1 • > U > > X X X X X a) � a)o� a)o� Q)o o O _ E a CD U • 4. CD 00 X X X X ro v h I. O O > s ; _ oC -Z CZVO 3 m 3 = E O , 1 •� X X X vi O �' N O O. 7) 4 ,, h = .c C '.d • _ c E T = Qi N E Z 0 L): 03 X X X X X X X X X CC - = co a g - 0 w Ym E� E C `m w in _; `- X X X X X X X X a F E o � 0 co a o „, ., . ro Li O ; 2 ,a ` tl .? -q a . • a _, . a� O 4" � c ('3 V °. a) • •-.1 1 LOa ; z CI) 73 C a) o c c o o CB k sos _c v = c is -a 3 0 co 'Ei ... .0 C O O O W > a) -> ?_.• > O O c G v o o U O cs a) Q O a) O > En E a) Q— O 0 O cs . L. a) U 0 c a) a) - 0 a) a) O O> 7 C1 — C C C L 0. CU C C to ,_ C a) ° 'a o y O 6 0 0 0 co Q) O fo _ i. U C " a 0 .0 a) =O .- U (n o 0 CCl cn .0 0 O O a) o a) w U o 1 .,_ m ° °) o o ' o a) > o > as - a) • �, a id, a c a c c al CL) 3 c) m c a o c 3 a ca -a L a) m rt w w w CD c 0 w - a w w V LL LL -0 ti a 8 .S .) ai u. c - o 3 a a) CL (1) a 0 E W -0 w m 0 > 0) �0 o) Fe m.- � �m CD 0) cn m ca N O> ,c a c� c a c E c a LL 0 a1:9_, E o - c o fn u') a) _ U O 1 W W ro W 0 0 ' a W 2 W o W D Z • O cc w a (Cl N a c Q a� Ex Q co 0 0 W LL 0 2 o — � W L.L. 1- 0 • E xhibit • Agenda Item Sample Oregon FOG Manual Fats, Oil, and Grease Best Management Practices Manual Information, Pollution Prevention, and Compliance Information for Publicly Owned Treatment Plants The manual was produced by Brown and Caldwell for the Oregon Association of Clean Water Agencies. It was funded in part by the Oregon Department of Environmental Quality, through its Pollution Prevention Incentives for States grant awarded by the federal Environmental Protection Agency. Reproduction with credits encouraged. Fats, oil and grease - - also called FOG in the wastewater business - - can have negative impacts on wastewater collection and treatment systems. Most wastewater collection system blockages can be traced to FOG. Blockages in the wastewater collection system are serious, causing sewage spills, manhole overflows, or sewage backups in homes and businesses. Two types of FOG pollutants are common to wastewater systems. Petroleum -based oil and grease (non - polar concentrations) occur at businesses using oil and grease, and can usually be identified and regulated by municipalities through local limits and associated pretreatment permit conditions. Animal and vegetable -based oil and grease (polar concentrations) are more difficult to regulate due to the large number of restaurants and fast -food outlets in every community. This manual is written to provide municipal pretreatment staff - - along with restaurant and fast food business managers and owners - - with information about animal and vegetable -based oil and grease pollution prevention techniques focused on their businesses, effective in both reducing maintenance costs for business owners, and preventing oil and grease discharges to the sewer system. Many of the nation's fast -food restaurant chains participate in FOG recycling programs. Ensuring that grease trap and grease interceptors are properly installed - - and most importantly, properly maintained - - is more difficult. This manual focuses on proper maintenance of grease traps and interceptors, and includes inspection checklists for municipal pretreatment inspectors. Manual contents includes: 1. Frequently Asked Questions (FAQs) 2. Best Management Practices (BMPs) 3. Haulers and Recyclers 4. Prohibitions 5. Maintenance 6. How It Works 7. Compliance Inspection and Installation Checklists • Brochure for restaurant managers and owners D -1 Knowledgeable municipal pretreatment staff, working with business owners, can effectively prevent oil and grease buildup, and associated problems, for both the sewerage agency and the restaurant owner. 1. Frequently Asked Questions About Grease: Is grease a problem? In the sewage collection and treatment business, the answer is an emphatic YES! Grease is singled out for special attention because of its poor solubility in water and its tendency to separate from the liquid solution. Large amounts of oil and grease in the wastewater cause trouble in the collection system pipes. It decreases pipe capacity and, therefore, requires that piping systems be cleaned more often and /or some piping to be replaced sooner than otherwise expected. Oil and grease also hamper effective treatment at the wastewater treatment plant. Grease in a warm liquid may not appear harmful. But, as the liquid cools, the grease or fat congeals and causes nauseous mats on the surface of settling tanks, digesters, and the interior of pipes and other surfaces which may cause a shutdown of wastewater treatment units. Problems caused by wastes from restaurants and other grease - producing establishments have served as the basis for ordinances and regulations governing the discharge of grease materials to the sanitary sewer system. This type of waste has forced the requirement of the installation of preliminary treatment facilities, commonly known as grease traps or interceptors. What is a grease trap and how does it work? A trap is a small reservoir built into the wastewater piping a short distance from the grease producing area. Baffles in the reservoir retain the wastewater long enough for the grease to congeal and rise to the surface. The grease can then be removed and disposed properly. See How It Works for a description of how the various components of a grease trap function. Click here to view photographs of greases traps. What is a grease interceptor? An interceptor is a vault with a minimum capacity of between 500 and 750 gallons that is located on the exterior of the building. The vault includes a minimum of two compartments, and flow between each compartment is through a 90 fitting designed for grease retention. The capacity of the interceptor provides adequate residence time so that the wastewater has time to cool, allowing any remaining grease not collected by the traps time to congeal and rise to the surface where it accumulates until the interceptor is cleaned. See How It Works for a description of how the various components of a grease interceptor function. How do I clean my _grease trap? Refer to Grease Trap and interceptor Maintenance. Can you recommend a maintenance schedule? All grease interceptors should be cleaned at least twice each year. Some establishments will find it necessary to clean their traps more often than twice per month. If the establishment is having to clean it too often, the owner should consider installing a larger trap or interceptor. Do I have a grease trap? If the establishment is uncertain whether it has a grease trap, the owner should contact the local sewer agency for the community served. D -2 Do I need a grease trap? Any establishment that introduces grease or oil into the drainage and sewage system in quantities large enough to cause line blockages or hinder sewage treatment is required to install a grease trap or interceptor. Interceptors are usually required for high volume restaurants (full menu establishments operating 16 hrs /day and /or serving 500+ meals per day) and large commercial establishments such as hotels, hospitals, factories, or school kitchens. Grease traps are required for small volume (fast food or take -out restaurants with limited menus, minimum dishwashing, and /or minimal seating capacity) and medium volume (full menu establishments operating 8 -16 hrs /day and /or serving 100 -400 meals /day) establishments. Medium volume establishments may be required to install an interceptor depending upon the size of the establishment. Is the grease trap I have adequate? The Uniform Plumbing Code requires that no grease trap have a capacity less than 20 gallons per minute (gpm) or more than 55 gpm. The size of the trap depends upon the number of fixtures connected to it. The following table provides criteria for sizing grease traps: Total number of Required rate of Grease retention fixtures connected flow, gpm capacity, lbs 1 20 40 2 25 50 3 35 70 4 50 100 The size will also depend largely upon the maintenance schedule. If a grease trap or interceptor is not maintained regularly it will not provide the necessary grease removal. The establishment should work out a specific cleaning schedule that is right for the establishment. All grease traps need to have the grease cleaned out periodically and no one likes to do the job. It is a dirty job. Running extremely hot water down the drain only moves the problem down stream. It does not go away. Catch the grease at the source! This is the most economical means to reduce all costs. What if I don't install a grease trap? If the establishment uses grease and oil in food preparation, it will eventually encounter a maintenance problem with a plugged building sewer line. The blockage can create a sewer backup situation and ultimately a potential health problem in the establishment. Someone will have to pay for removing the blockage. If the problem is in the building sewer line, then the establishment has direct responsibility for paying for the maintenance. If the blockage or restriction is in the public sewer main and it can be proven that the establishment is the cause of the blockage, then the establishment may have to pay for the public sewer to be maintained. Blocking a sanitary sewer line is also a violation of the federal Clean Water Act. Who determines if I need a grease trap or interceptor? When waste pretreatment is required by the Administrative Authority, an approved grease trap or interceptor shall be installed according to the Uniform Plumbing Code. The rules of the Health Department and your municipal sanitary sewer agency will also assist the establishment in determining if a grease trap or interceptor is required. All administrative authorities prohibit the discharge of materials that can solidify and create blockages in the wastewater collection system or treatment plants. The Health Department makes periodic inspections to see that no health problems exist due to improperly maintained grease interceptors. These rules will be enforced if a problem exists. D -3 How can I get in compliance? The establishment should contact its local jurisdiction. The establishment will be asked to purchase a permit for the grease trap. This will enable the proper jurisdiction to assist the establishment in cleaning schedules and advise them of a problem showing up in the wastewater collection system. A grease interceptor permit is required regardless of whether the establishment has an existing trap or is installing a new one. What are the criteria for inspecting grease traps? All food service establishments suspected of causing problems to the collection system or treatment facilities will be inspected. Some agencies use the following criteria to inspect grease traps: Percent of Trap Filled Trap Condition 25 Good 25 — 50 Fair >50 Poor If the trap is in FAIR condition, the establishment should be advised to keep an eye on the maintenance schedule. The cleaning frequency may need to be increased. If the trap is in POOR condition, the establishment should be issued a compliance order to have it cleaned immediately. The establishment should then be required to contact the issuing authority within 30 days to verify that the grease interceptor has been properly cleaned. D -4 2. Best Management Practices (BMPs) Prevent Blockages in the Sanitary Sewer System BMP Reason For ; Benefits to Food ' Pretreatment Inspection Service Tips Establishment Train kitchen staff , People are more willing to 1 All of the Talk to the establishment and other support an effort if they subsequent manager about the training employees about i understand the basis for i benefits of BMPs I program that he /she has how they can help it. `will have a better implemented. ensure BMPs are , chance of being ( implemented. implemented. Post No Grease" Signs serve as a constant These reminders Check appropriate locations signs above sinks . reminder for staff working will help minimize ' of "No Grease" signs. and on the front of in kitchens. grease discharge to dishwashers. the traps and . = interceptors and • I reduce the cost of cleaning and I disposal. Use water Temperatures in excess The food service Check boiler or hot water temperatures less i of 140° F will dissolve establishment will ! heater discharge than 140° F in all , grease, but the grease reduce its costs for temperature. sinks, especially can re- congeal or solidify the energy — gas or the pre -rinse sink ` in the sanitary sewer electric — for Measure the temperature of before the ' collection system as the heating the water. the hot water being mechanical `: water cools. discharged from the closest dishwasher. sink. The mechanical dishwasher requires a minimum temperature of 160° F, but the Uniform Plumbing Code (UPC) prohibits i discharging the dishwasher to grease traps. Use a three -sink The three -sink system The food service Measure temperature of the dishwashing I uses water temperatures establishment will hot water at the three -sink system, which less than 140° F where a reduce its costs for system. includes sinks for 1 mechanical dishwasher the energy - gas or washing, rinsing, ' requires a minimum electric - for and sanitizing in a 1 temperature of 160° F. ( heating the water 50 -100 ppm f (See above) i for the mechanical bleach solution. Note: The Uniform dishwasher and for Water ? Plumbing Code (UPC) operating the temperatures are prohibits the discharge of dishwasher. €...... a€...... a nno r a:.. €.......... .. ..- .....a..- a_ D -5 (See above) grease traps. Recycle waste There are many waste oil The food service Obtain name of recycler cooking oil. recyclers throughout establishment will used. Oregon. This is a cost be paid for the Review recycling records. recovery opportunity. waste material and Confirm records with See Haulers and will reduce the recycler. Recyclers. amount of garbage it must pay to have i hauled away. "Dry wipe" pots, The grease and food that `• This will reduce the I Observe dishwashing pans, and remains in pots, pans, amount of material practices. dishware prior to and dishware will likely go going to grease dishwashing. to the landfill. By "dry traps and wiping" and disposing in interceptors, which garbage receptacles, the will require less material will not be sent to : frequent cleaning, the grease traps and reducing interceptors. maintenance costs. . Dispose of food Some recyclers will take Recycling of food . Inspect grease traps and waste by food waste for animal wastes will reduce interceptors for food waste recycling and /or feed. In the absence of the cost of solid accumulation. solid waste such recyclers, the food waste disposal. ' Confirm the recycler or solid • removal. waste can be disposed as ` Solid waste waste removal company solid waste in landfills by disposal of food with the establishment solid waste haulers. : waste will reduce manager. the frequency and cost of grease trap and interceptor cleaning. Properly Maintain-Grease Traps and Interceptors to Prevent; Introduction into. the Sanitary Sewer System BM Reason For Benefits to Pretreatment Food Service Inspection Tips Establishment Witness all grease I Grease trap /interceptor The establishment None. trap or interceptor I pumpers may take will ensure it is cleaning /maintenance shortcuts. If the getting value for activities to ensure • establishment manager the cost of the device is properly inspects the cleaning cleaning the operating. . operation and ensures it grease trap or is consistent with the interceptor. procedures in the Otherwise the section on Grease Trap establishment may and Interceptor be paying for Maintenance they are cleaning more D -6 full value for their necessary. money. Clean undersink Undersink grease traps This will extend the Visually inspect the `: grease traps weekly. , have less volume than length of the I contents of the undersink If grease traps are grease interceptors. : cleaning cycle for grease trap. more than 50% full Weekly cleaning of grease I Inspect cleaning records. when cleaned undersink grease traps interceptors that weekly, the cleaning by the establishment's the establishment frequency needs to own maintenance staff maintains. be increased. will reduce the cost of cleaning the grease interceptor. If the establishment does not have a grease interceptor, the undersink grease trap is the only means of • preventing grease from entering the sanitary sewer system. If the grease trap is not , providing adequate protection, the local • sewer agency may require installation of a grease interceptor. Clean grease Grease interceptors Routine cleaning { Interceptor should have no interceptors routinely. must be cleaned will prevent more than 1/3 the depth as routinely to ensure that I plugging of the grease, and, grease accumulation sewer line Interceptor should have no 1 does not cause the I between the food more than 1/4 the depth as interceptor to operate ' service sediment, and poorly. ; establishment and No more than 25% of the The cleaning frequency the sanitary sewer depth should be a is a function of the type ' system. If the line combination of grease of establishment, the I plugs, the sewer (top) and sediment ' size of the interceptor, line may back up (bottom). 1 and the volume of flow I into the discharged by the I establishment, and establishment. the business will • need to hire E someone to unplug ( it. Keep a i The maintenance log 1 The maintenance Inspect maintenance log. maintenance log. serves as a record of the I log serves as a Provide the establishment frequency and volume of ; record of cleaning ' with a sample cleaning the interceptor. I frequency and can maintenance log if it does ' It is required by the I help the not have one. pretreatment program to I establishment i Confirm the maintenance ensure that grease I manager optimize I log with the grease hauler trap /interceptor I cleaning frequency identified. maintenance is to reduce cost. • performed on a regular basis. D -7 Prevent Fats, Oil, and Grease From Entering Creeks and Streams Through the Storm Drain System BMP Reason For Benefits to Pretreatment Inspection Food Service , Tips Establishment Cover outdoor Uncovered grease and oil The discharge of Observe storage area for grease and oil storage containers can grease and oil to signs of oil and grease. storage collect rainwater. Since the storm drain Inspect containers for containers. grease and oil float, the system will degrade ` covers. Some local : rainwater can cause an the water quality of Remove covers to ensure jurisdictions will overflow onto the ground. receiving streams containers have not have BMPs in ' Such an overflow will by adding biological ` overflowed and do not have " place for eventually reach the and chemical excess water. stormwater also. stormwater system and oxygen demand to • nearby streams. the stream. Discharge of grease and oil to the storm • drain might also result in legal penalties or fines. Locate grease The farther away from the The discharge of Observe storage area for dumpsters and catch basin, the more grease and oil to ' signs of oil and grease. storage time someone has to the storm drain containers away clean up spills or system will degrade ` Inspect the closest catch i from storm drain ' drainage prior to entering the water quality of ' basin for signs of catch basins. the storm drain system. receiving streams ; accumulated grease and oil. Be aware of oil and by adding biological grease dripped on the : and chemical ground while carrying oxygen demand to waste to the dumpster, as the stream. well as oil and grease Discharge of grease that may "ooze" from the and oil to the storm dumpster. drain might also result in legal penalties or fines. Use absorbent Absorbent pads and other The discharge of Check the nearest catch pads or other materials can serve as an grease and oil to basin and drainage paths for material in the effective barrier to grease the storm drain l signs of grease and oil. storm drain catch and oil entering the storm system will degrade ' Require absorbent pads if basins if grease drain system. the water quality of the basin is within 20 feet of dumpsters and receiving streams grease dumpsters or containers must by adding biological containers, or if there are be located and chemical signs of grease in the catch nearby. oxygen demand to basin at any distance. Do not use free the stream. Do not permit the use of free ' flowing absorbent i flowing absorbent material materials such as Discharge of grease ; such as "kitty litter." "kith/ litter" nr D -8 sawdust. drain might also result in legal penalties or fines. Use absorbent Absorbent pads or The discharge of If grease and oil are pads or other materials can help clean grease and oil to observed on the ground in material to clean up grease and oil that is the storm drain the storage area, up spilled material spilled on the ground and system will degrade recommend the use of around outdoor prevent it from flowing to the water quality of absorbents to minimize equipment, the storm drain system. receiving streams movement of the grease containers or by adding biological j and oil. dumpsters. and chemical Do not permit the use of free Do not use free oxygen demand to ; flowing absorbent material flowing absorbent the stream. 3 such as "kitty litter." materials such as "kitty litter" or Discharge of grease sawdust that can and oil to the storm be discharges to drain might also the storm drain result in legal system. penalties or fines. Routinely clean If grease and oil escape The discharge of Inspect roof (if safely kitchen exhaust through the kitchen grease and oil to accessible) for signs of oil system filters. exhaust system, it can the storm drain and grease. accumulate on the roof of system will degrade Require a maintenance the establishment and the water quality of schedule and records for eventually enter the storm receiving streams cleaning exhaust filters. drain system when it by adding biological Cleaning is usually by rains. and chemical ; washing, which will oxygen demand to discharge the grease to the the stream. interceptor where it can be controlled. Discharge of grease and oil to the storm drain might also result in legal penalties or fines. D -9 3. Fats, Oil and Grease Haulers and Recyclers t ., G w ,, ''' W 4 E Ai �u r ` , i o if s , * f 3 tlanieo ,�t a tern c X £, P s. R = : 3 '� :rte / z ,'' # `z c , . , '. 4t e. ,:,;..m:A:m.:44.01.4-,,,;.;.:,41 ',:''''' ' C` Note: DEQ licensed septic haulers not included on this list can also pump out grease traps and interceptors and haul the waste to wastewater treatment plants. The hauler must submit a written request to the appropriate regional DEQ office for every new site that they wish to haul from and the DEQ region will approve this action by letter. Hauler /Recycler and Locat . Phone Number I Acc Criteria Eastern Oregon Darling International ! (208) 344 -8318 [ Picks up and recycles cooking oil. Kuna, Idaho € Provides storage container for oil. Redmond Tallow Co. (541) 548 -4343 ' Picks up and recycles cooking oil. Redmond, Oregon I Provides storage container for oil. Mid- Willamette Valley Eugene Chemical and Rendering (541) 995 -6025 I Picks up and recycles cooking oil. Works I (800) 944 -0295 ` Provides storage container for oil. Harrisburg, Oregon I Can pick up and process some 'grease trap waste. Does not accept grease interceptor waste. South Coast Hide & Tallow (541) 396 -4967 I Picks up and recycles cooking oil. ' Coquille, Oregon ; ` Provides storage container for oil. Southern Oregon Clearwater CO -OP ( (541) 476 -3654 ! Accepts grease trap /interceptor Grants Pass, Oregon ' waste from haulers. Has own 1 treatment system. Southern Oregon Tallow Co., Inc. ' (541) 826 -3141 ' Pumps out grease traps and Central Point, Oregon I interceptors. Picks up and recycles cooking oil. Provides dumpster for oil. South Coast Hide & Tallow 1(541) 396 -4967 I Picks up and recycles cooking oil. Coquille, Oregon 1 I Provides storage container for oil. D - 10 Southwest Washington • Colson Rendering, Inc. (360) 892 -3247 , Picks up and recycles cooking oil. ' Vancouver, Washington (503) 793 -1467 Portland Metropolitan Area . AallPump Sanitation Services , (503) 285 -5838 Pumps out grease traps and Portland, Oregon • interceptors. • ABCO Sanitation Services (503) 657-0219 Pumps out grease traps and • • Oregon City, Oregon ! interceptors. Area Recyclers ' (503) 240 -4440 i Pumps out grease traps and (Division of Baker Commodities) i interceptors. Portland, Oregon • Baker Commodities, Inc. 1 (503) 289 -1221 ; Pumps out grease traps and Portland, Oregon (503) 283 -5372 ! interceptors and treats waste in (800) 743 -5947 own treatment system. Picks up and recycles cooking oil. Provides • 'storage container for oil. Colson Rendering, Inc. i (360) 892 -3247 Picks up and recycles cooking oil. :Vancouver, Washington i (503) 793 -1467 Darling InternationallPortland 1 ( 503) 289 -1102 , Pumps out grease interceptors. • • Rendering Co. ; (503) 289 -1101 Picks up and recycles cooking oil. Portland, Oregon ( (800) 328 -1101 ' Provides storage container for oil. • Denley Incorporated ( (503) 625 -6616 ; Picks up and recycles cooking oil. Sherwood, Oregon I Provides storage barrels for oil. ? Makk Systems 1 (503) 624 -0623 E Pumps out grease traps and Tigard, Oregon interceptors. Processes waste in • ( own treatment system. Oregon Oils ; (503) 233 -0818 `Pumps out grease traps and Portland, Oregon 1 oroils @trashco.com I interceptors. Buys restaurant € [ grease. Provides storage container for oil River City Environmental S (503) 252 -6144 Pumps out grease traps and Portland, Oregon !interceptors. Picks up and recycles cooking oil. Provides storage container for oil. D -11 4. Prohibitions Relating to Discharge of Fats, Oil, and Grease DO NOT... i Basis Do not discharge fats, oil, and grease in Grease can solidify and trap other solid concentrations that will cause an obstruction to particles to completely plug the wastewater the flow in a sewer, or pass through or ; collection system. interference at a wastewater treatment facility. Do not discharge grease, improperly shredded These materials in combination, or alone can • garbage, animal guts or tissues, paunch cause blockages and other operations and manure, bones, hide, hair, fleshings, or entrails. maintenance problems in the wastewater collection and treatment system. Do not discharge wastewater with temperatures i Temperatures in excess of 140° F will dissolve in excess of 1400 F to any grease traps. This grease, but the grease can re- congeal and includes water from mechanical dishwashers cause blockages further downstream in the that have a minimum required temperature of sanitary sewer collection system as the water 1600 F. cools. Note: High temperature water, such as from a dishwasher, is discharged to the remotely- located grease interceptor, if there is one. The remote location and the high volume of the interceptor allows the water time to cool so that there is not a problem with dissolving grease • and moving it further downstream. The high volume also provides dilution of the detergents in the dishwasher waste. Do not discharge waste from a food waste The food waste will greatly reduce the capacity disposal unit to any grease traps. of the grease trap for retaining grease and can ( cause worse problems with blockages. Do not discharge caustics, acids, solvents, or j Though emulsifying agents can dissolve other emulsifying agents. solidified grease, the grease can re- congeal • further downstream in the sanitary sewer collection system. Caustics, acids, and solvents can have other harmful effects on the wastewater treatment system and can be a hazard to employees working in the wastewater collection system. Do not discharge fats, wax, grease or oils The temperatures shown are temperatures that containing substances that will become viscous can occur in the wastewater collection and between 32° F (0° C) and 150° F (65° C). treatment system. If these substances congeal, solidify, or become too viscous, they can cause blockages and other operations and ( 1 maintenance problems. Do not utilize biological agents for grease The biological agents may disrupt the biological remediation without permission from the E treatment process at the wastewater treatment sanitary agency receiving the waste. plant. D - 12 Do not clean equipment outdoors in an area Grease and dirt will be washed off the where water can flow to the gutter, storm drain, equipment and enter the storm drain system or street. and flow to nearby streams. 5. Grease Trap and Interceptor Maintenance Grease Trap Maintenance Grease Interceptor Maintenance Grease trap maintenance is usually performed by maintenance staff, or other employees of the establishment. Grease interceptor (GI) maintenance, which is usually performed by permitted haulers or recyclers (See Fats, Oil and Grease Haulers and Recyclers), consists of removing the entire volume (liquids and solids) from the GI and properly disposing of the material in accordance with all Federal, State, and /or local laws. When performed properly and at the appropriate frequency, grease interceptor and trap maintenance can greatly reduce the discharge of fats, oil, and grease (FOG) into the wastewater collection system. The required maintenance frequency for grease interceptors and traps depends greatly on the amount of FOG a facility generates as well as any best management practices (BMPs) that the establishment implements to reduce the FOG discharged into its sanitary sewer system. In many cases, an establishment that implements BMPs will realize financial benefit through a reduction in their required grease interceptor and trap maintenance frequency. Refer to Best Management Practices for examples of BMPs that FOG generating establishments should implement. WARNING! Do not use hot water, acids, caustics, solvents, or emulsifying agents when cleaning grease traps and interceptors. Grease Trap Maintenance A proper maintenance procedure for a grease trap is outlined below: AIR INTAKE LOCK AND LIFT CLEANOUT VENT /' RING INLET: I' , °; r oui LET '':( ; T it _ FLOW ': , -: a i SAMPLE REGULATORY`; " <3` ;. q &G = POINT DEVICE f:a `a ACCtItAUL: A7. } AIR RELIEF REMOVASt E ' ' BAFFLES , SOLIDS ACCUYULAnON D - 13 Step i Action i 1. Bail out any water in the trap or interceptor to facilitate cleaning. The water should ` be discharged to the sanitary sewer system. 2. ? Remove baffles if possible. 3. Dip the accumulated grease out of the interceptor and deposit in a watertight container. 4. Scrape the sides, the lid, and the baffles with a putty knife to remove as much of the grease as possible, and deposit the grease into a watertight container. 5. Contact a hauler or recycler for grease pick -up. 6. Replace the baffle and the lid. 7. Record the volume of grease removed on the maintenance log. Grease Interceptor Maintenance Grease interceptors, due to their size, will usually be cleaned by grease haulers or recyclers. Licensed septic haulers can also pump out grease interceptors and haul the waste to the treatment plant. The hauler must notify DEQ when hauling grease. A proper maintenance procedure for a grease interceptor is outlined below: NOTE: Since the establishment is liable for the condition of their pretreatment devices, the establishment owners /representatives should witness all cleaning /maintenance activities to verify that the interceptor is being fully cleaned and properly maintained. INTERCEPTOR AIR INTAKE COVER r VENT � . . ;' -. « .,t'Sw..z. as:. "..:; - ....., ,.. ,.7_c . °Y€': :, - - a 2.7...'•'--1, _..v. « ... °:_ "w...c.._ ,-- t51' . 7.: !!!; ' 7 INLET' g; ;i9 j'; i OUl'LET .} :� in ' :.",�- "„• , ., z s ''- ---..�; rr :;'? 1 d ,> :fi ra°q —�t i t� �,°,,�;�;. ���.'a.'�` ^. �. t «mss P ,.,.•axn =•• � � 4 , tA .tw 0 - '- ':3'.,, v,° '.. ? t ?a'• ' o "° , " :S : . flB,C. " . s;x H � i: ,,n: , ti' µ i i , ' IACCUA'IULATiON ';. s SAMPLE *.. 1 .. - i; .:: _ - , i POINT REGULATORYr I ' '- "'' " = 'A —.s .. .. DEVICE i z : ... - c, 4t F r i i '.Y+v3%.i:....a!°' .. *ao .F,. , ,,, : €d.^w ... . '.:1',t ^ .S'�yf,;. . .. "a�. . _. .'.n SOLIDS ACCUMULATION D - 14 Step Action 1. Contact a grease hauler or recycler for cleaning. See Fats. Oil and Grease Haulers and Recyclers. 2. Ensure that all flow is stopped to the interceptor by shutting the isolation valve in the inlet piping to the interceptor. 3. Remove the lid and bail out any water in the trap or interceptor to facilitate cleaning. The water should be discharged to the sanitary sewer system. 4 . w Remove baffles if possible. 5. Dip the accumulated grease out of the interceptor and deposit in a watertight container. 6. j Pump out the settled solids and then the remaining liquids. I 7. I Scrape the sides, the lid, and the baffles with a putty knife to remove as much of the grease as possible, and deposit the grease into a watertight container. 8. Replace the baffle and the lid. 9. Record the volume of grease removed on the_ maintenance log. 6. How it Works (Grease Trap and Grease Interceptor) Grease Trap AIR INTAKE t© S I LOCK AND LIFT \CLEANOUT `-' VENT ` RING (;;) 3 5..`.•< ..... INLET I Ij ar,, OUTLE .., 1p� ;-�,.{; FLOW tx; _ I �, . ;� y , � �;,' a� €; SAMPLE REGULATORY it A1 , - 0 O &G I ' POINT DEVICE 4 1 ! 1 •I . , ' ACCuM 3:• -', .'.•. ULAT1oN MVO f :ys,� - F . AIR I s,..- -.. u .ii RELIEF REMOVABLE "µ i :> 4 SOLIDS f `, ACCUMULATION A 'Flow from four or fewer kitchen fixtures enters the grease trap. B An approved flow control or restricting device is installed to restrict the flow to the grease trap to the rated capacity of the trap. C An air intake valve allows air into the open space of the grease trap to prevent siphonage and back - pressure. D The baffles help to retain grease toward the upstream end of the grease trap since grease i flnatc anri will nanarally not nn i inriar tha haffla Thic halnc to nravant nraaca frnm Iaavinn D -15 ' : the grease hapand moving fudhnrdownshaamwhere it can cause blockage problems. �___ �_ ___ _---_- ___ _-__ _ ____________ -__ _____ -_J E Solids in the wastewater that do not float will be deposited on the bottom of the grease trap and will need to be removed during routine grease trap cleaning. . „ —' -_-_ --- _______ __ ___. __ . . -___ ' F OiI and grease floats on the water surface and accumulates behind the baffles. The oil and grease will be removed during routine grease trap cleaning. _ __ _ __-_' / G Air relief is provided to maintain proper air circulation within the grease trap. ,- _ _ _ -_ | H Some grease traps have a sample point at the outlet end of the trap to sample the quality of the grease trap effluent. '---„ ' . '--' _--- . „------ _____ -- --------------- . 1 A cleanout is provided at the outlet or jus downstream of the outlet to provide access into the pipe to remove any biockages. _ - __ --. i J The water exits the grease trap through the outlet pipe and continues on to the grease interceptor or to the sanitary sewer system. ___„___ _'�________ ___`, _ ____ �_____ „ ____ �� Grease Intercepto INTERCEPTOR AIR ;wrAnE—, owsR vewT �� � - '� ���� ' �7".' �=. 6� INLET /s ; GU LE - "^ mPca FLOW ' ';pmwT r . msnuLArmev (�) s `^ ,:, ,..„„_,:,,,:,.,...,,,,,. ‘14. SOLIDS ACCUMULATION CF-) _ ' - ' ____ - _ ___ -_. „ . i A Flow from undersink grease traps or directly from plumbing fixtures enters the grease ! !interceptor. The UPC requires that all flow entering the interceptor must enter through the : inlet pipe '----[--�' ---'—'---- �---� --------'------- �� ----------- '--� ' i B An approved flow control or restricting device is installed to restrict the flow to the grease |in���r�����p��� the in���r. _. ___-__ _ ____ _ C An air intake valve allows air into the open space of the grease interceptor to prevent |siphonag�andback-ppeouura | back-pressure. „� | 0 OiI and grease floats on the water surface and accumulates behind the grease retaining ! fittings and the wall separating the compartments. The oil and grease will be removed during routine grease interceptor cleaning. �_ __ - E Solids in the wastewater that do not float will be deposited on the bottom of the grease interceptor and will need to be removed during routine grease interceptor cleaning. � _ _ _ . �� ___ ___ ; F Grease retaining fittings extend down into the water to within 12 inches of the bottom of the : !interoeptor. Because grease floats, it generally does not enter the fitting and is not carried ! into the next oompa�menL The ��ingaalso extend above the vvatorsu�ooeto provide air | relief. 7 - - __ - _____ , _ ; G Some interceptors have a sample box so that inspectors or employees of the establishment , ran np,nni,pnvtnkp Pmnpnt ppmn|op *nvinnn hvthp||Pr. - _ „_________' . _ . ��__. ,_,_ _ _ _ D 16 . but not required. H Flow exits the interceptor through the outlet pipe and continues on to the sanitary sewer system. D - 17 7. Compliance Checklists Inspection Checklist Installation Checklist Inspector: Establishment: Signature: Address: Date: Contact Name: Time Inspection Started: Phone: Time Inspection Completed: Click here for form instructions. Inspection Checklist Number Item Description Field ' Compliance Data 1 Status' - (where appropriate) 3 S 1. The establishment has implemented a training program to ensure that the BMPs are followed. 2. No Grease" signs are posted in appropriate locations. 3. The establishment recycles waste cooking oil and can provide records of this. 4. : Water temperatures at all sinks, especially the pre- rinse sink before the mechanical dishwasher or the sinks in the three -sink system are less than 1400 F. Measure and record temperature. 5. The establishment "dry wipes" pots, pans, and dishware prior to rinsing and washing. 6. Food waste is disposed of by recycling or solid waste removal and is not discharged to the grease traps or interceptors. 7. Grease trap(s) is cleaned regularly. Note and record the frequency of cleaning. 8. Grease trap cleaning frequency is documented on a maintenance loq (obtain a copy of the document). F � 9. Grease interceptor does not contain greater than 1/3 the depth in grease accumulation. Estimate and record amount of grease in interceptor. 10. Grease interceptor does not contain greater than 1/4 the depth in sediment accumulation. Estimate and record amount of sediment in interceptor if possible. 11. D - 18 regularly. Note and record frequency of cleaning. 12. Grease interceptor cleaning and maintenance frequency is documented on a maintenance log (obtain a copy of the document). 13. Outdoor grease and oil storage containers are covered and do not show signs of overflowing. 14. Grease and oil storage containers are protected from discharge to storm drains. 15. Absorbent pads or other materials (not free flowing material such as cat litter) are used to clean up any spills or leakages that could reach the storm drain. 16. Storm drain catch basins show no signs of grease or oil. 17. The roof shows no signs of grease and oil from the exhaust system. 18. Exhaust system filters are cleaned regularly, which is documented by cleaning records. Note and record frequency of cleaning. NOTES • D - 19 Inspector: Establishment: Signature: Address: Date: Contact Name: Time Inspection Started: Phone: Time Inspection Completed: Installation Checklist Number Item Description Compliance Status - 1. Each grease trap serves not more than four single compartment sinks of the same depth. Grease trap is sized based upon the number of fixtures discharging to it. See FAQs. 2. I Grease traps has a water seal of not less than two inches in depth or the diameter of its outlet, whichever is greater. 3. No food waste disposal unit or dishwasher is connected to or discharges into any grease trap. 4. Waste from toilets and urinals does not discharge to the grease interceptor. 5. I Waste in excess of 140° F is not discharged to any grease trap. (Dishwasher with a min. temperature of 160° F is not discharged to any grease trap.) 6. i The vertical distance between the fixture outlets and grease trap weirs is as short as practical. • 7. [Grease interceptor is as close as practical to the fixtures served. 8. Each fixture connected to a grease trap is provided with an approved type flow control or restricting device installed in a readily accessible and visible location. Devices shall be designed so that the flow through the device or devices at no time exceeds the rated capacity of the grease trap or interceptor. 9. Each fixture discharging into a grease trap or interceptor is individually trapped and vented in an approved manner. i 10. Each grease trap and interceptor is properly vented to allow air circulation throughout the entire drain system. 11. No water jacketed grease trap or interceptor is installed. r 12. Grease interceptor is easily accessible for inspection and cleaning and access does not require the use of ladders or the removal of bulky equipment. D -20 13. There is a minimum of one access point into each compartment of " the interceptor and no access points are greater than 10 feet apart. Each access opening is leak- resistant and cannot slide, rotate, or flip. 14. Location of grease interceptor is shown on approved building plans. Drawings of interceptor are complete and show all dimensions, capacities, reinforcing and structural design calculations. 15. : Grease interceptor is not installed in any part of a building where food is handled. Location shall meet the approval of the Administrative Authority. 16. Grease interceptor serves a single business establishment. 17. Grease interceptor has a minimum of two compartments and 3 -inch diameter fittings designed for grease retention. The compartments shall be separated by partitions or baffles that extend at least 6 inches above the water level. The inlet compartment shall be 2/3 of the total interceptor capacity and shall have a minimum liquid volume of 333 gallons. The length of the inlet compartment shall be longer than the inside width of the interceptor. 18. The inlet and outlet fittings shall be a baffle tee (or similar flow device) that extends at least 4 inches above the water level to within 12 inches of the bottom of the interceptor. The outlet tee out of a sample box shall extend at least 6 inches below the water surface. Flow between the separate compartments is through a baffle tee or bend that extends down to within 12 inches of the bottom of the interceptor. 19. The liquid depth shall be greater than or equal to 2' -6" and less than 6' -0 ". 20. There shall be a minimum of 9 inches of open vent space above the water level to the top of the interceptor. The airspace has a minimum capacity equal to 12 -1/2% of the grease interceptors liquid volume. 21. The grease interceptor has at least one square foot of surface area = for every 45 gallons of liquid capacity. 22. All waste enters the interceptor through the inlet pipe. 23. Grease interceptor cover is gastight and has a minimum opening of 20 inches in diameter. 24. Grease interceptors located in areas of pedestrian or vehicle travel are adequately designed to support the imposed loads. Review of structural calculations may be required to verify adequacy. 25. Redwood baffles are not installed in grease interceptor. 26. A sample box is provided on the outlet side of the grease interceptor. This is recommended and may be required by the UPC D -21 effluent quality. 27. Grease interceptor is permanently and legibly marked with the manufacturer's name of trademark, model number, UPC certification mark and registration (if product is listed by the International Association of Plumbing and Mechanical Officials), and any other markings required by law. NOTES Instructions for form: 1. Completely fill out general information. 2. For items that require some measurement of field data, the inspector should obtain the necessary data or information and record it under the column titled, "Field Data." 3. For all items marked in violation, note the fact that the establishment contact was notified of the violation and the contact's response. 'An entry should be made for each item using the following codes: • "C" — Compliance with the item • "V" — Violation of the item (provide explanation in the notes) • "NA" — Not applicable (provide explanation in the notes) • "NC" — Not checked (provide explanation in the notes) D -22 GREASE INTERCEPTOR CLEANING RECORD VERIFICATION FORM (Maintenance Log) Facility Name: Address: Service Company used: DATE CLEANED BY WITNESSED GALLONS GREASE REMARKS BY PUMPED DISPOSAL SITE D -24 D -25 Exhibit • Agenda Item CHAPTER NO. AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER 9.22 TO THE SEAL BEACH MUNICIPAL CODE TO ADOPT FATS, OILS AND GREASE MANAGEMENT, DISCHARGE AND CONTROL REGULATIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN, AS FOLLOWS: Section 1. Chapter 9.22, regulating the management, discharge and control of fats, oil and grease is hereby added to the Seal Beach Municipal Code, to read as follows: Chapter 9.22 Fats, Oil and Grease Management and Discharge Control § 9.22.005 Purpose, Policy and Findings A. The Porter - Cologne Water Quality Act (California Water Code §§ 13000, et seq.) provides for the regulation and reduction of pollutants discharged into the waters of California. 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 Chapters and implement procedures to reduce the amount of fats, oils and grease [ "FOG "] discharged into the City's sanitary sewer collection system. C. Section C.12(iii) of the Sewer WDRs requires the City to demonstrate that it possesses the legal authority necessary to control discharges of FOG to and from those portions of the City's sanitary sewer collection system over which it has jurisdiction, so as to comply with the Sewer WDRs. D. FSEs or "Food Facilities ", as defined in California Uniform Retail Food Facilities Law ( "CURFFL "), Division 104 (Environmental Health), Part 7 (Retail Food), Chapter 4, Articles 1 -20 of the California Health & Safety Code ( "FSEs "), produce FOG as a by- product of their operations, which, if not properly managed and disposed, create the potential for blockage of sanitary sewer lines, and which can result in damage to both public and private property, and sewage overflows that cause health issues and have the potential to pollute beaches and water courses in the City, as well as in other portions of Orange County. E. Studies in Orange County have concluded that FOG is one of the primary causes of sanitary 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 S7296 \1096 \Seal Beach FOG ordinance -7 - 1 - numerous beach closures, and the most prevalent cause of the SSOs is FOG accumulation in the small to medium sewer lines serving FSEs. F. The current edition of the Uniform Plumbing Code requires FSEs that have the potential to produce a significant amount of FOG to have grease control devices. Many FSEs, such as restaurants within the City that do not have grease control devices. These commercial FSEs have the potential to require the City and sanitation districts to perform additional preventive maintenance on sewer lines that service these facilities, as well as respond to and cleanup blockages and sewage overflows caused 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 blockages of sewer lines resulting from discharges of FOG to the system, and to specify appropriate FOG discharge requirements for FSEs discharging into the City's sewer system. H. This Chapter shall be interpreted in accordance with the definitions set forth in § 9.20.010. 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 manner, the discharge of FOG into the City's sanitary sewer collection system to the maximum extent practicable, the adoption of reasonable regulations, as set forth herein, is essential and it is the intent of this section to establish regulations for the disposal of FOG and other insoluble waste discharges from FSEs into the City's sewer system. 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. The further purpose of this Chapter is to facilitate the maximum beneficial public use of the City's sanitary sewer collection system while at the same time attempting to prevent blockages of that system as a result of the discharge of FOG, and to specify appropriate FOG disposal requirements for FSEs to protect the public health and safety. L. - Certain FSEs within the boundaries of the City do not discharge wastewater into the City's sewer system and 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. M. This Chapter establishes quantity and quality standards on all wastewater and/or waste discharges containing FOG, which may alone or collectively cause or contribute to FOG accumulation in the sewer facilities causing or potentially causing or contributing to the occurrence of SSOs. S7296\1096\Seal Beach FOG ordinance -7 - 2 - 9.22.010 Definitions. 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 Examination of Water and Wastewater, published by the American Public Health Association, the American Water Works Association and the Water Environment Federation. The testing procedures for waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of Federal Regulations). B. Other terms not herein defined are defined as being the same as set forth in the latest adopted applicable editions of the California Codes applicable to building construction adopted pursuant to the California Building Standards Law. C. Subject to the foregoing provisions, the following words and phrases shall mean: Best Management Schedules of activities, prohibitions of practices, maintenance Practices procedures and other management practices to prevent or reduce the introduction of FOG to the sewer facilities. Discharger Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. Director The Director of the Department of Public Works, the City Engineer. Fats, Oils, and Grease Any substance, such as a vegetable or animal product that is used in, or ( "FOG ") is a by product of, the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. FOG Control Program The FOG Control Program required by and developed pursuant to RWQCB Order No. R8- 2002 -0014, Section (c)(12)(viii). FOG Discharge The "Fats, Oil and Grease Discharge Manual ", setting forth Best Manual Management Practices for FSEs, as approved by the Director. FOG Wastewater A permit issued by the City subject to the requirements and conditions Discharge Permit established by the City authorizing the Permittee or discharger to discharge wastewater into the City's facilities or into sewer facilities which ultimately discharge into a facility. 57296 \1096 \Seal Beach FOG ordinance -7 - 3 - Food Service Facilities defined in California Uniform Retail Food Facility Law Establishment or (CURFFL) Health & Safety Code § 113785, and any commercial or public "FSE" entity within the boundaries of the 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 manufacturing, packaging, or otherwise handling 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, steam, 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 considered a FSE when engaged only in reheating, hot holding or assembly of ready to eat food products and as a result, there is no wastewater discharge containing a significant amount of FOG. A limited food preparation establishment does not include any operation that changes the form, flavor, or consistency of food. Food Grinder Any device installed in the plumbing 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. Grease Control Any grease interceptor, grease trap or other mechanism, device, or Device process, 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 sewer system. A Grease control device may also include any other proven method to reduce FOG subject to the approval of the Director. Grease Disposal A fee charged to an Owner /Operator of a FSE, as provided in this Mitigation Fee 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. Grease Interceptor A multi - compartment device that is constructed 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 compartment to the next. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective. S7296 \1096 \Seal Beach FOG ordinance -7 - 4 - 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. Grab Sample A sample taken from a waste stream on a one -time basis without regard to the flow in the waste stream and without consideration of time. Hot Spots Areas in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid blockages of sewer system. Inflow Water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows. Infiltration Water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. Inspector A person authorized by the City to inspect any existing or proposed wastewater generation, conveyance, processing, and disposal facilities. Interference Any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City' s sewer system, treatment processes or operations; or is a cause of violation of the City's NPDES or Waste Discharge Requirements. Local Sewering Any public agency or private entity responsible for the collection and Agency 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. Major Operational A physical change or operational change causing generation of the Change amount of FOG that exceed the current amount of FOG discharge to the sewer system by the Food Service Establishment in an amount that alone or collectively causes or create a potential for SSOs to occur New Construction Any structure planned or under construction for which a sewer connection permit has not been issued. Permittee A person who has received a permit to discharge wastewater into the City's sewer facilities subject to the requirements and conditions established by the City. 57296 \1096 \Seal Beach FOG ordinance -7 - 5 - Public Agency The State of California and/or any city, county, special district, other local governmental authority or public body of or within this State. Public Sewer A sewer owned and operated by the City, or other local Public Agency, which is tributary to the City' s sewer facilities. Regulatory Agency Regulatory Agency or Regulatory Agencies shall mean those agencies having regulatory jurisdiction over the operations of the city, including, but not limited to: a) United States Environmental Protection Agency, RegionIX, San Francisco and Washington, DC (EPA). b) California State Water Resources Control Board (SWRCB). 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. Sewage Wastewater. Sewer Facilities or Any and all facilities used for collecting, conveying, pumping, treating, System and disposing of wastewater and sludge operated by the City. Sewer Lateral A building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building =s wastewater facilities and a public sewer system. Sludge Any solid, semi -solid or liquid decant, subnate or supernate from a manufacturing process, utility service, or pretreatment facility. User Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as Discharger. Waste Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human or animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. S7296 \1096 \Seal Beach FOG ordinance -7 - 6 - Water Minimization Plans or programs intended to reduce or eliminate discharges to the Practices sewer system or to conserve water, including, but not limited to, product substitutions, housekeeping practices, inventory control, employee education, and other steps as necessary to minimize wastewater produced. Wastewater The liquid and water - carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. Wastewater The individual chemical, physical, bacteriological, and other parameters, Constituents and including volume and flow rate and such other parameters that serve to Characteristics define, classify or measure the quality and quantity of wastewater. § 9.22.015 Fog Discharge Requirement. No FSE ( "FSE ") shall discharge or cause to be discharged into the sewer system FOG that exceeds a concentration level adopted by a Regulatory Agency or that may accumulate and /or cause or contribute to blockages in the sewer system or at the sewer system lateral which connects the FSE to the sewer system. § 9.22.020 Prohibitions. The following prohibitions shall apply to all FSEs: 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. B. Discharge of any waste, including FOG and solid materials removed from the grease control device to the sewer system, is prohibited. Grease removed from grease interceptors shall be waste hauled periodically as part of the operation and maintenance requirements for grease interceptors. C. The discharge of any waste or FOG to the sewer system which fails to comply with the FOG Discharge Manual is prohibited. § 9.22.025 Food Grinders Prohibited. A. No food grinder shall be installed in a plumbing system of new construction of an FSE. 57296 \1096 \Seal Beach FOG ordinance -7 - 7 - 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. § 9.22.030 Best Management Practices Required. All FSEs shall implement Best Management Practices in its operation to minimize the discharge of FOG to the sewer system. All FSEs must implement and demonstrate compliance with Best Management Practices (BMP) requirements as specified in the City's "Fats, Oils and Grease Discharge Manual ". Detailed requirements for Best Management Practices shall be specified in such Manual the permit and may include kitchen practices and employee training that are essential in minimizing FOG discharges. § 9.22.035 Fog Pretreatment Required. 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. § 9.22.040 Variance and Waiver of Grease Interceptor Requirement. A. Variance from Grease Interceptor Requirements 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, to (1) 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 Interceptor Installation with a Grease Disposal Mitigation Fee. For FSEs where the installation of 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 9.22.050. The Director's determination to grant the waiver with a Grease Disposal Mitigation Fee will be based upon such considerations that the Directors 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 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 57296 \1096 \Seal Beach FOG ordinance -7 - 8 - 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 grease interceptor requirement to the Director. Terms and conditions for issuance of a variance to a FSE shall be set forth in the 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. § 9.22.045 Multiple FSEs At Commercial Properties. 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. § 9.22.050 Grease Disposal Mitigation Fee. A. FSEs that operate without a grease control interceptor 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, 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. 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, S7296 \1096 \Seal Beach FOG ordinance -7 - 9 - in sewer blockage or a sanitary sewer overflow (`SSO ") in the sewer downstream, or surrounding the FSE prior to the waiver request. § 9.22.055 Sewer System Overflows, Public Nuisance, Abatement Orders and Cleanup Costs. 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 of life 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 immediately payable upon the City's request for reimbursement of such costs. § 9.22.060 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 unless a FSE has fully complied with the provisions of this Chapter. 57296 \1096 \Seal Beach FOG ordinance -7 - 10 - § 9.22.065 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 appropriate 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 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. § 9.22.070 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. 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 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. 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. S7296 \1096 \Seal Beach FOG ordinance -7 - 1 1 - § 9.22.075 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 permit or a renewed permit. A Permittee shall also pay any delinquent invoices in full prior to permit renewal. § 9.22.080 FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND CONDITIONS. A. The terms and conditions of an issued permit may be subject to modification and change by the sole determination of the Director during the life of the permit based on: 1. The discharger's current or anticipated operating data; 2. The City's current or anticipated operating data; 3. Changes in the requirements of Regulatory Agencies which affect the City; or 4. A determination by the Director that such modification is appropriate to further the objectives of this Chapter. B. The Permittee may request a modification to the terms and conditions of an issued permit. The request shall be in writing stating the requested change, and the reasons for the change. The Director 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 permit limits, conditions, or requirements at least forty-five (45) days prior to the effective date of change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. § 9.22.085 FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL. FOG Wastewater Discharge Permits shall be issued for a period not to exceed one year. Upon expiration of the permit, the user shall apply for renewal of the permit in accordance with the provisions of this Chapter. § 9.22.090 EXEMPTION FROM FOG WASTEWATER DISCHARGE 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. S7296 \1096 \Seal Beach FOG ordinance -7 - 12 - § 9.22.095 NON - TRANSFERABILITY OF PERMITS. FOG Wastewater Discharge Permits issued under this Chapter are for a specific FSE, for a specific operation and create no vested rights. A. No permit holder shall assign, transfer or sell any FOG Wastewater Discharge 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. B. Any permit, which is transferred to a new owner or operator or to a new facility, is void. § 9.22.100 FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE. In additional to the 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. § 9.22.110 GREASE INTERCEPTOR REQUIREMENTS. A. Grease Interceptors shall be maintained in efficient operating condition in accordance with the Discharge Manual. § 9.22.115 MONITORING AND REPORTING CONDITIONS. A. Monitoring for Compliance with Permit Conditions and Reporting Requirements 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. 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 submitted 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 be cause for the City to initiate all necessary tasks and analyses to determine the wastewater constituents and FOG S7296 \1096 \Seal Beach FOG ordinance -7 - 13 - 1 characteristics for compliance with any conditions and requirements specified in the FOG Wastewater Discharge Permit or in this Chapter. 5. The Permittee shall 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. B. Record Keeping Requirements 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 two years. The Permittee shall, upon request, make the manifests, receipts and invoices available to any City representative, or inspector. C. Falsifying Information or Tampering 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. § 9.22.120 INSPECTION AND SAMPLING CONDITIONS. A. The Director may inspect or order the inspection and sample 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 and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor. 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 shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities. C. For the Director to determine the wastewater characteristics of the discharger for purposes of determining the annual use charge and for compliance with permit requirements, the Permittee shall make available for inspection and copying by the City all notices, monitoring reports, S7296 \1096 \Seal Beach FOG ordinance -7 - 14 - 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 of two (2) years. § 9.22.125 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. § 9.22.130 NOTIFICATION OF SPILL. A. In the event a Permittee is unable to comply with any permit condition due to a breakdown of equipment, accidents, or human error or the Permittee has reasonable opportunity to know that his/her /its 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 Department, City or County, and the City. 13. Confirmation of this notification shall be made in writing to the Director at the address specified in the Permit no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the 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 property; nor shall such notification relieve the Permittee of any fees or other liability which may be imposed by this Chapter or other applicable law. § 9.22.135 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 system by FSEs. S7296 \1096 \Seal Beach FOG ordinance -7 -15- B. To ensure that all interested parties are afforded due process of law and that violations are resolved as soon as possible, the general policy of the City is that: 1. Any determination relating to a notice of violation and Compliance Schedule Agreement (CSA) will be made by the Director, with a right of appeal by the Permittee to the Director pursuant to the procedures set forth in Section 9.22.190. 2. A Permittee, or applicant for a permit may request the City Manager to hear an appeal of the Director's decision pursuant to Section 9.22.190. Such request may be granted or denied by the City Manager. 3. Any permit suspension or revocation recommended by the Director will be heard and a recommendation made to the Director or other person designated by the Director with a right of appeal of the Director 's order by the Permittee to the City Manager pursuant to the provisions of Section C. The City, at its discretion, may utilize any one, combination, or all enforcement remedies provided in this Chapter, in response to any permit or Chapter violations. § 9.22.140 VIOLATIONS A. The owner and operator of a FSE or Permittee shall be in violation of this Chapter if such owner or operator or Permittee: 1. Fails to install 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, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal; or 5. Fails to keep up -to -date and accurate records of all cleaning, maintenance, and grease 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 Food Facility, 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 Food Facility, or any Authorized Inspector, reasonable access to the Food Facility for the purposes of inspecting, monitoring, or reviewing the Grease Control Device manifests, receipts and invoices of all cleaning, maintenance, grease removal of /from the Grease Control Device, and/or to inspect the Grease Control Device; or 7. Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner; or S7296 \1096 \Seal Beach FOG ordinance -7 - 16 - 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 the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the Food Facility; or 10. Fails to pay the Grease Disposal Mitigation Fee as specified in this Chapter when due; or 11. Fails to comply with the FOG Manual; or 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 Chapters 1 and 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. § 9.22.145 COMPLIANCE SCHEDULE AGREEMENT (CSA). 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 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. 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. § 9.22.150 PERMIT SUSPENSION. A. The Director of Public Works may suspend any permit when it is determined that a Permittee: 1. Fails to comply with the terms and conditions of a CSA order. S7296 \1096 \Seal Beach FOG ordinance -7 - 17- 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. 5. Refuses reasonable access to the Permittee's premises for the purpose of inspection and monitoring. 6. Does not make timely 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. 8. Violates grease interceptor maintenance requirements, any condition or limit of its discharge permit or any provision of the City's Chapter. B. When the Director has reason to believe that grounds exist for permit suspension, he /she shall give written notice thereof by certified mail to the Permittee setting forth a statement of the facts and grounds deemed to exist. C. Effect 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. § 9.22.155 PERMIT REVOCATION A. Revocation. The Director may revoke any permit when it is determined 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 permit, he /she shall give written notice by certified mail thereof to the Permittee setting forth a statement of the facts and grounds. S7296 \1096 \Seal Beach FOG ordinance -7 - 18 - C. Effect of Revocation. 1. Upon an order of revocation by the Director becoming final, 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 permit, which records may be the basis for denial of a new permit. 4. An order of permit revocation issued by the Director of Public Works shall be final in all respects on the sixteenth (16th) day after it is mailed to the Permittee. § 9.22.160 DAMAGES TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS. 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 facilities or to the operation of those facilities shall be liable for all costs required to clean or repair the facilities together with expenses incurred by the City to resume normal operations. A service charge of twenty -five percent (25 %) of City's costs shall be added to the costs and charges to reimburse the City for miscellaneous overhead, including administrative personnel and record keeping. The total amount shall be payable within forty five (45) days of invoicing by the City. B. Any person who discharges a waste which causes or contributes to the City violating its discharge requirements established by any Regulatory Agency incurring additional expenses or suffering losses or damage to the 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. § 9.22.165 PUBLIC NUISANCE. Discharge of wastewater in any manner in violation of this Chapter or of any order issued by the Director, as authorized by this Chapter, 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. § 9.22.170 TERMINATION OF SERVICE. A. The City, by order of the Director, may physically terminate sewer service and water service to any FSE, as follows: S7296 \1096 \Seal Beach FOG ordinance -7 - 19 - 1. On a term of any order of suspension or revocation of a permit; or 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 operator of the FSE or Permittee as well as all costs for reinstating service. § 9.22.175 EMERGENCY SUSPENSION ORDER. The City may, by order of the Director, suspend 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. 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. § 9.22.180 CIVIL PENALTIES. 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. EPA, State of California Regional Water Quality Control Board, or the County of Orange and other Regulatory Agencies. Said actions may be taken pursuant to the authority and provisions of several laws, including but 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) California Porter - Cologne Water Quality Control Act (California Water Code Section 13000 et seq.); (3) California Hazardous Waste Control Law (California Health & Safety Code Sections 25100 to 25250); (4) Resource Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5) California Government Code, Sections 54739 - 54740. 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 of law or regulation or its permits, and said violation can be established by the 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 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. S7296 \1096 \Seal Beach FOG ordinance -7 - 20 - C. Pursuant to the authority of California 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 General Counsel of the City, upon request of the Director of Public Works, 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: 1. any provision of this Chapter; 2. any permit condition, prohibition, or effluent limit; or 3. any suspension or revocation order. § 9.22.185 CRIMINAL PENALTIES. Any person who violates any provision of this Chapter 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. § 9.22.190 APPEALS TO THE CITY MANAGER. Any FSE, permit applicant, or Permittee adversely affected by a decision made by the Director may appeal the decision by filing, within 10 days, a written request for hearing before the City Manager 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 sixty -five (65) days. If the matter is not heard within the required time, the order of Director shall be deemed final. The appeal fee shall be refunded if the City Manager reverses or modifies, in favor of the appellant, the order of the Director of Public Works. 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. § 9.22.195 PAYMENT OF CHARGES. 57296 \1096 \Seal Beach FOG ordinance -7 -21 - 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 forty-five (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 (46) days after date of invoice, a basic penalty of ten percent (10 %) of the base invoice amount, not to exceed a maximum of $1,000.00; and 2. A penalty of one and one -half percent (1.5 %) per month of the base invoice amount and basic penalty shall accrue from and after the forty -sixth (46th) day after date of invoice. C. Any invoice outstanding and unpaid after ninety (90) days shall be cause for immediate initiation of permit revocation proceedings or immediate suspension of the 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. 9.22.200 JUDICIAL REVIEW. A. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the CITY hereby enacts this part to limit to ninety (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. B. Notwithstanding the foregoing, and pursuant to Government Code Section 54740.6, judicial review of a final order of the City Manager or the Director imposing administrative civil penalties pursuant to this Chapter may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which such order becomes final. Section 2. Pursuant to the provisions of the California Building Standards Law, California Health and Safety Code ' ' 18941.5, 17958, 17958.5 and 17958.7, the City hereby finds that 57296 \1096 \Seal Beach FOG ordinance -7 -22- the amendments to the State Building Standards and Housing Laws, more particularly the California Plumbing Code, adopted herein are necessary because of climatic, geological or topographical conditions of property in the City's jurisdiction, and as more specifically described below. Articles 2 and 4 modify the authority and discretion of the "Administrative Authority" of Section 1014.1 of the 2001 California Plumbing Code by requiring all 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. Article 4 modifies the general maintenance requirements for grease interceptors of Section 1014.6 of the 2001 California Plumbing Code and establishes more specific maintenance requirements. The City's topography and geography that has created the Santa Ana Watershed and the City's proximity to the Pacific Ocean coupled with the general waste discharge requirements 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 3. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the City hereby enacts this part to limit to ninety (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 6.10.D may be made only if the petition for writ of mandate is filed not later than the thirtieth (30th) day following the day on which the order of the City Council becomes final. Section 4. A copy of this Ordinance shall be filed with the California Building Standards Commission and the California Department of Housing and Community Development. Section 5. 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 any one or more sections, subsections, subdivisions, sees, clauses or phrases be declared unconstitutional or otherwise invalid. PASSED AND ADOPTED this day of , 2004 by the following vote: AYES: NOES: S7296 \1096 \Seal Beach FOG ordinance -7 - 23 - ABSTENTIONS: ABSENT: Mayor CITY OF SEAL BEACH S7296 \1096 \Seal Beach FOG ordinance -7 - 24 - CHAPTER 9.22 FATS, OIL AND GREASE MANAGEMENT AND DISCHARGE CONTROL 9.22.005 PURPOSE, POLICY AND FINDINGS 9.22.010 DEFINITIONS 9.22.015 FOG DISCHARGE REQUIREMENT 9.22.020 PROHIBITIONS 9.22.025 FOOD GRINDERS PROHIBITED 9.22.030 BEST MANAGEMENT PRACTICES REQUIRED 9.22.035 FOG PRETREATMENT REQUIRED 9.22.040 VARIANCE AND WAIVER OF GREASE INTERCEPTOR REQUIREMENT 9.22.045 MULTIPLE FSEs AT COMMERCIAL PROPERTIES 9.22.050 GREASE DISPOSAL MITIGATION FEE 9.22.055 SEWER SYSTEM OVERFLOWS, PUBLIC NUISANCE, ABATEMENT ORDERS AND CLEANUP COSTS 9.22.060 FOG WASTEWATER DISCHARGE PERMIT REQUIRED 9.22.065 FOG WASTEWATER DISCHARGE PERMIT APPLICATION 9.22.070 FOG WASTE WATER DISCHARGE PERMIT CONDITION 9.22.075 FOG WASTE WATER DISCHARGE PERMIT FEE 9.22.080 FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND CONDITIONS 9.22.085 FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL 9.22.090 EXEMPTION FROM FOG WASTEWATER DISCHARGE PERMIT 9.22.095 NON - TRANSFERABILITY OF PERMITS 9.22.100 FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE 9.22.110 GREASE INTERCEPTOR REQUIREMENTS 9.22.115 MONITORING AND REPORTING CONDITIONS 9.22.120 INSPECTION AND SAMPLING CONDITIONS 9.22.125 RIGHT OF ENTRY 9.22.130 NOTIFICATION OF SPILL 9.22.135 ENFORCEMENT 9.22.140 VIOLATIONS 9.22.145 COMPLIANCE SCHEDULE AGREEMENT (CSA) 9.22.150 PERMIT SUSPENSION 9.22.155 PERMIT REVOCATION 9.50.160 DAMAGES TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS 9.22.165 PUBLIC NUISANCE S7296 \1096 \Seal Beach FOG ordinance -7 - 25 - 9.22.170 TERMINATION OF SERVICE 9.22.175 EMERGENCY SUSPENSION ORDER 9.22.180 CIVIL PENALTIES 9.22.185 CRIMINAL PENALTIES 9.22.190 APPEALS TO THE CITY MANAGER 9.22.195 PAYMENT OF CHARGES 9.22.200 JUDICIAL REVIEW S7296 \1096 \Seal Beach FOG ordinance -7 -26-