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HomeMy WebLinkAbout2008-06-17; City Council; 19479; Ordinance Amending Title 13 Regulating Fats, Oils and Greases FOGv<flr^\»™™^/ AB# MTG. DEPT. y/ 19,479 6/17/08 PW-M&O CITY OF CARLSBAD - AGENDA BILL AN ORDINANCE AMENDING TITLE 13, REGULATING FATS, OILS, AND GREASES (FOG) i| DEPT. HEAD jl CITY ATTY. / CITY MGR. 1 4. X \ \) <, ^^ RECOMMENDED ACTION: Introduce Ordinance No. NS-892 amending Title 13 (Sewers) of the Carlsbad Municipal Code by the revision of Sections 13.04.010 and 13.04.050 and by the addition of Section 13.06 establishing a Fats, Oils and Grease program. ITEM EXPLANATION: Order No. 2006-03-DWQ (WDR), issued by the State Water Resources Control Board, pertains to Waste Discharge Requirements for Sanitary Sewer Systems. All federal agencies, cities, counties, municipalities and districts that own or operate sanitary sewer systems greater than one mile in length or which collect and/or convey wastewater to a Publicly Owned Treatment Works (POTW), are required to comply with the Order. On November 6, 2007, Council adopted and approved the Development Plan and Schedule for the Sewer System Management Plan (SSMP). The Development Plan and Schedule is one of several milestones in the General State-wide Order. Among other things, the Development Plan called for the City to develop a Fats, Oils, and Grease (FOG) Control Program. Such a program includes adopting ordinances and practices that limit the discharge of Fats, Oils and Grease which may cause blockages in the sewer system and cause or contribute to overflows. FOG is the by-product of the Food Service Facility (FSF) industry and FOG control is the responsibility of the Food Service Facility. This proposed action formally clarifies, by ordinance, the compliance responsibility of the FSF to maintain, inspect, and implement Best Management Practices, and as appropriate, install privately owned grease control devices. The proposed ordinance also includes language establishing a mechanism to collect a grease mitigation and inspection fee. Fee language is proposed to equitably cover the costs of increased maintenance of the sewer system as a result of the Food Service Facilities' inability or failure to adequately remove FOG from its wastewater discharge and to recover the actual costs of routine inspections. The typical means of FOG control include installation, on private property, of Grease Control Devices (GCDs) such as grease traps or grease interceptors. Grease traps are usually small, located within the building, and are designed to handle lower flow volumes. Alternatively, grease interceptors are large, are outside the building, and accommodate larger volumes of flow. The purpose of the GCD is to lower the amount of FOG that enters the public sanitary sewer system. Proper sizing, regular maintenance, and the use of Best Management Practices will accomplish those objectives. FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D nnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES D I DEPARTMENT CONTACT: Don Wasko 438-2722, x7138, dwask@ci.carlsbad.ca.us Page 2 To assess the extent of existing FOG control in the City's service area, the City Manager contracted with a consultant that conducted an inventory of the FSFs and established a database describing the status of each FSF and whether a GCD was onsite. The inventory work revealed that there are approximately 211 FSFs within the Carlsbad sewer service area. The table below summarizes the status of Grease Control Devices at the FSFs: Number of Food Service Facilities: 21 1 With No Grease Control Device 33 With Grease Control Device 129 Not Requiring Grease Control Device 49 Food Service Facilities with Grease Control Device: 129 Need upsizing to GCD 46 Do not need upsizing of GCD 83 The over arching goal of the WDR is to reduce or eliminate sanitary sewer overflows (SSOs). From 2001 to 2007, 23 percent of Carlsbad's (SSOs) were caused by Fats, Oils, and Grease. A reduction of the FOG in Carlsbad's sanitary sewer system will reduce SSOs. Staff recommends that the City Council take the following actions: (1) Introduce Ordinance No. NS-892 . an ordinance that limits the discharge of Fats, Oils and Grease that may cause blockages in the sewer system and cause or contribute to overflows; and (2) Direct staff to study and recommend a fee schedule for FY 2009/2010 to fully recover the costs of increased maintenance of the sewer system as a result of the Food Service Facilities' inability to adequately remove FOG from its wastewater discharge and to recover the actual costs of routine inspections. ENVIRONMENTAL IMPACT: Pursuant to Section 15308 of the California Environmental Quality Act (CEQA) Guidelines, the project is categorically exempt from environmental review as a Class 8 exemption. This exemption "consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment." FISCAL IMPACT: Inspection and plan check services for Grease Control Devices are planned to be contracted for a not- to-exceed amount of $25,000 annually. This expenditure is included in the proposed wastewater operating budget for FY 2008/2009. This cost should be reduced to zero for FY 2009/2010 if Council approves the establishment of a fee schedule for increased maintenance to remove FOG and to recover the costs of routine inspections. There is no impact to the General Fund. EXHIBITS: 1. Ordinance No. NS-892 of the City Council of the City of Carlsbad, California, Amending Title 13, Chapter 13.04 of the Carlsbad Municipal Code by the Revision of Sections 13.04.010 and 13.04.050 and by the addition of Chapter 13.06. 2. Title 13 Redline/Strikeout Version I EXHIBIT 1 1 ORDINANCE NO. NS-892 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 CARLSBAD, CALIFORNIA, AMENDING TITLE 13, CHAPTER 13.04 OF THE CARLSBAD MUNICIPAL CODE BY THE 4 REVISION OF SECTIONS 13.04.010 AND 13.04.050 AND BY THE ADDITION OF CHAPTER 13.06. 5 6 WHEREAS, Order No. 2006-03-DWQ (WDR), issued by the State Water Resources Control Board, pertains to Waste Discharge Requirements for Sanitary Sewer Systems; and 8 WHEREAS, All federal agencies, cities, counties, municipalities and districts that own or 9 operate sanitary sewer systems greater than one mile in length or which collect and/or convey 10 wastewater to a Publicly Owned Treatment Works (POTW), are required to comply with the 11 Order; and 12 WHEREAS, the City of Carlsbad is subject to the provisions of the order; and 13 WHEREAS, On November 6, 2007, Council adopted and approved the Development 14 Plan and Schedule for the Sewer System Management Plan (SSMP); and 15 WHEREAS, the Development Plan called for the City to develop a Fats, Oils, and 16 Grease (FOG) Control Program; and 17 WHEREAS, such a program includes adopting ordinances and practices that limit the 18 discharge of Fats, Oils and Grease which may cause blockages in the sewer system and cause 19 or contribute to overflows; and 20 WHEREAS, the over arching goal of the WDR is to reduce or eliminate sanitary sewer 21 overflows (SSOs). A reduction of the FOG in Carlsbad's sanitary sewer system will reduce 22 SSOs; 23 NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as 24 follows: 25 26 27 28 3 1 SECTION 1: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 2 by the revision of Section 13.04.010 to read as follows: 3 13.04.010 Definitions. 4 For the purposes of this Title, the following words and phrases shall have the meanings 5 respectively ascribed to them by this section: c 1. "Best Management Practices" means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduction the Q introduction of FOG to the sewer facilities. 2. "Department" means the public works department of the city. 10 3. "Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. 12 4. "FOG or Fats, Oils and Grease" means any substance such as vegetable or animal 13 products that is used in. or is a by-product of, the cooking or food preparation process, 14 and that turns or may turn viscous or solidifies with a change in temperature or other 15 conditions. 16 5. "FOG Control Program" means the FOG Control Program required by and developed 17 pursuant to State Water Resources Control Board Order No. 2006-0003. 6. "Food Grinder" means 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. 7. "Food Service Facility" means facilities defined in California Uniform Retail Food Service Facility Law (CURFFL) Section 113789, and any commercial entity within the boundaries of the City's service area, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used , or operated for the purpose 24 of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for 25 sale to other entities, or for consumption by the public, its members or employees, and 26 which has any process or device that uses or produces FOG, or grease vapors, steam, 27 fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as 4 defined in CURFFL Section 113789. A limited food preparation establishment is not 2 considered a Food Service Facility when engaged only in reheating, hot holding or 3 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. 6 8. "Garbage" means the animal and vegetable waste from the handling, preparation, 7 cooking, and dispensing of food. 8 9. "Grease" means any material which is extractable from an acidified sample of a waste by 9 hexane or other designated solvent and as determined by the appropriate procedure in 10 standard methods. "Grease" includes fats and oils. 11 10. "Grease Control Device" means any grease interceptor, grease trap or other mechanism, 12 device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and 13 lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged 14 into the sewer system. "Grease Control Device" may also include any other proven ., c method to reduce FOG subject to the approval of the City. 16 11. "Grease interceptor" means a pretreatment device designed and installed to separate fats, oils, and grease from wastewater. 12. "Grease Trap" means a grease control device that is used to serve individual or multiple18 fixtures and have limited effect and should only be used in those cases where the use of a19 grease interceptor or other grease control device is determined to be impossible or 20 impracticable. 21 13. "Hot Spots" means area in sewer lines that have experienced sanitary sewer overflows or 22 that must be cleaned or maintained frequently to avoid blockages of the sewer system. 23 14. "Industrial waste" means solid, liquid or gaseous substances discharged or flowing from 24 an industrial, manufacturing or commercial premises resulting from manufacturing, 25 processing, treating, recovery or development of natural or artificial resources of whatever 26 nature. 27 28 1 15. "Industrial wastewater" means all water-carried wastes and wastewater of the community 2 excluding domestic wastewater and including all wastewater from any industrial 3 production, manufacturing, processing, commercial, agricultural or other operation. These may also include wastes of human origin similar to domestic wastewater. ^ 16. "Inspector" means a person authorized by the City to inspect any existing or proposed 6 wastewater generation, conveyance, and processing and disposal facilities. 7 17. "Interceptor" means a grease interceptor. 8 18. "Joint sewer system" means the sewer system constructed jointly by the Vista Sanitation 9 District, the city and the Buena Sanitation District pursuant to that certain contract entitled 10 "Basic Agreement between Vista Sanitation District and the City of Carlsbad for the 11 Acquisition and Construction of a Joint Sewer System" (County Contract No. 1858-2129E) 12 and all amendments and supplements thereto and as such sewer system is specifically 13 delineated on that certain map entitled "Map of Joint Sewer System—City of Carlsbad, 14 Vista Sanitation District and Buena Sanitation District" on file in the office of the clerk of 15 the board of supervisors of the Buena Sanitation District as Document No. 381247. 1fi 19. "Operator" means the Encina Administrative Agency. 20. "Owner" includes a holder in fee, life tenant, executor, administrator, trustee, and guardian or other fiduciary, lessee or licensee holding under any government lease or license of18 real property.19 21. "Person" means any person, firm, company, association, corporation, political subdivision, 20 municipal corporation, district, the state, the United States of America or any department 21 or agency of any thereof. 22 22. "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. It indicates 23 the intensity of acidity and alkalinity on a pH scale running from zero to fourteen. A pH 24 value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate 25 alkalinity and those below 7.0 indicate acidity. 26 23. "Premises" means any lot, piece or parcel of land, building or establishment. 27 24. "Public works director" means the director of public works of the city or his designee. i, 1 25. "Remodeling" means a physical change or operational change causing generation of the 2 amount of FOG that exceed the current amount of FOG discharge to the sewer system by 3 the Food Service Facility in an amount that alone or collectively causes or creates a 4 potential for SSOs to occur; or exceeding a cost of $50,000 to a Food Service Facility that ° requires a building permit, and involves any one or combination of the following: (1) Under 6 slab plumbing in the food processing area, (2) a 30% increase in the net public seating 7 area, (3) a 30% increase in the size of the kitchen area, or (4) any change in the size or 8 type of food preparation equipment. 9 26. "Sanitary sewer overflow (SSO)" means and includes any overflow, spill, release, 10 discharge or diversion of untreated or partially treated wastewater from a sanitary sewer 11 system. SSOs include: 12 a. Overflows or releases of untreated or partially treated wastewater that reach 13 waters of the United States: 14 b. Overflows or releases of untreated or partially treated wastewater that do not reach 15 waters of the United States; and 16 c. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer 18 system. 27. "Sewage" means the waterborne wastes derived from ordinary human living processes19 and of such character as to permit satisfactory disposal, without special treatment, into the 20 public sewer, a private sewer, or by means of household septic tank systems and 21 individual household aerobic units. 22 28. Sewer, Building or House. "Building or house sewer," also known as the "lateral," or the 23 "sewer lateral" means a pipe or conduit carrying sanitary sewage and/or industrial wastes 24 from a building to the public sewer or a common sewer. 25 29. Sewer, Main. "Sewer main" means any public sewer used to collect and convey sewage 26 or industrial wastes to a publicly owned treatment works (POTW). 27 •\ 30. Sewer, Private. "Private sewer" refers to a privately owned sewer, which is not directly 2 controlled by the city. 3 31. Sewer, Public. "Public sewer" means a publicly owned treatment works (POTW), which is owned in this instance by Encina Joint Powers and its member agencies. This definition includes the sewer main and any sewers that convey wastewater to the POTW plant, but does not include pipes, sewers or other conveyances not connected to the facility providing treatment. "Public sewer" also includes any sewers that convey wastewater to 8 the POTW from persons outside the cities of Carlsbad and Vista, the Vallecitos Water 9 District, the Leucadia Wastewater District, the Buena Sanitation District and Encinitas 10 Sanitary District, who are, by contract or agreement with said cities and/or districts, users of the Encina Water Pollution Control Facility. 12 32. "Sewer system" or "sanitary sewer system" means all construction and appurtenant 13 equipment utilized in the collection, transportation, pumping, treatment and final disposal of sewage within the district. ^ 5 33. "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-four-hour concentration of flows during normal operation.18 34. "Standard methods" means the current edition of Standard Methods for the Examination of19 Water and Wastewater as published by the American Public Health Association, and 20 Water Pollution Control Federation. 21 35. "Suspended solids" or "SS" means solids that either float on the surface of, or are in 22 suspension in water, sewage or other liquids; and which are largely removable by 23 laboratory filtering and as determined by the appropriate procedure in standard methods. 24 36. "Toxic substances" means any substance whether gaseous, liquid or solid, which when 25 discharged to the sewer system in sufficient quantities may tend to interfere with any 26 sewage treatment process, or to constitute a hazard to human beings or animals, or to 27 28 inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent 2 from the sewage treatment plant.. 3 37. "Waste Minimization Practices" means plans or programs intended to reduce or eliminate discharges to the sewer system or to conserve water, including, but not limited to, product 5 substitutions, housekeeping practices, inventory control, employee education, and other 6 steps as necessary to minimize wastewater produced. 7 38. "Wastehauler" means any person carrying on or engaging in vehicular transport of waste 8 as part of, or incidental to, any business for that purpose. 9 39. "Wastewater" means any liquid waste of any kind, whether treated or not, and whether 10 animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes, 11 which are discharged into or permitted to enter a public sewer. 12 13 SECTION 2: That Title 13, Chapter 13.04 of the Carlsbad Municipal Code is amended 14 by the revision of Section 13.04.050 to read as follows: 15 13.04.050 General Prohibitions. 1fi A. Discharge of stormwater, surface water, groundwater, unpolluted industrial process water, roof runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer18 which is connected to the public sewer without written permission in conformance with adopted regulations. 20 B. No person shall enter, obstruct, uncover or tamper with any portion of the public sewer, or 21 connect to it, or dispose anything into any sewer and/or sewer manhole without the written 22 permission of the Public Works Director. 23 C. No person or party shall remove or demolish any building or structures with plumbing 24 fixtures connected directly or indirectly to the public sewer without first notifying the Public 25 Works Director of such intention. All openings in or leading to the public sewer line or lines 26 caused by such work shall be sealed watertight and inspected by the Public Works Director 27 before being backfilled. 28 D. No person shall fill or backfill over, or cause to cover, or obstruct access to, any sewer manhole. 3 E. No person shall erect any improvements, structures, or buildings over public sewers without 4 the written permission of the Public Works Director. ^ F. Except as hereinafter provided in this section, no person shall discharge or cause to be 6 discharged any of the following described substances, waters or wastes into any public 7 sewers: 8 1. Liquid or vapor having a temperature higher than one hundred forty degrees Fahrenheit; 9 2. Water or waste containing substances which may solidify or become viscous at 10 temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit; 11 3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas; 12 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and nuisance; 13 5. Garbage that has not been properly shredded to a size of one-fourth inch or less so that <I4 all particles will be carried freely under normal flow conditions in the public sewers; 15 6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, 1fi wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction to the flow in or damage to sewers or other interference with the proper operation of the sewerage works;18 7. Water or wastes having a pH lower than 5.5 or higher than 9.5 or having any otheri y corrosive property capable of causing damage or hazard to structures, equipment, and 20 personnel of the sewerage works; 21 8. Water or wastes containing any substance in sufficient quantity to discolor, injure, disrupt 22 or interfere with the normal operation of any sewage treatment process, constitute a hazard 23 to human or animal life, create a public nuisance, or significantly lower the quality of the 24 receiving waters; 25 9. Water or wastes containing suspended solids of such character or quantity that unusual 26 attention or expense is required to handle such materials at a sewage treatment plant; 27 10. Any unusual volume of flow or concentration of wastes constituting "slugs" as defined in 28 Section 13.04.010(22); 2 11. Radioactive wastes or isotopes of such half-life or concentration that may exceed limits 3 established by the Public Works Director in compliance with applicable state or federal regulations; ^ 12. Water added for the purpose of diluting wastes which would otherwise exceed 6 applicable maximum concentration limitations; 7 13. Water or wastes containing substances which are not amenable to treatment or 8 reduction by the treatment processes employed, or are amenable to treatment only to such 9 degree that: 10 a. The resulting effluent cannot meet the waste discharge requirements of the regional water 11 quality control board or other agencies having jurisdiction over the quality and protection of 12 the receiving waters, or 13 b. The resulting sludge cannot meet limits for the chosen disposal method. 14 G. Any person who discharges or causes to be discharged into the public sewers any water or A 5 wastes having more than three hundred mg/l of suspended solids shall be obligated to pay a 1 „ surcharge, occasioned by the extent to which such water or waste contains an excess over the foregoing limitation of concentration. H. Where preliminary treatment facilities are provided for any wastewater as a condition of its18 acceptance, they shall be maintained continuously in satisfactory and effective operation by 19 the owner at his expense. 20 I. When required by the Public Works Director, the owner of any property served by a building 21 sewer carrying industrial wastewater shall install monitoring and recording equipment, and a 22 suitable control manhole in the building sewer to facilitate observation, sampling and 23 measurement of the wastes. Such manhole shall be readily accessible and safely located, 24 and shall be constructed in accordance with plans approved by the Public Works Director. 25 The manhole shall be installed and maintained by the owner at his expense. op J. All measurements, tests, and analyses of the characteristics of water and wastewater to 27 which reference is made in subsections F, G, and H of this section shall be determined in 28 accordance with the latest edition of the American Public Health Association's Standard 2 Methods for Examination of Water, Sewage and Industrial Wastes and shall be made at the 3 control manhole provided for in subsection I of this section, or upon suitable samples taken 4 at said control manhole. If no special manhole is available, the sampling location shall be 5 determined by the Public Works Director. (Ord. NS-851 § 5, 2007: Ord. NS-129 § 2, 1990: 6 Ord. 7069, 1986; Ord. 7065 § 1, 1983; Ord. 7062 § 1, 1982; Ord. 7060 § 1 (part), 1980) 7 8 SECTION 3: That Title 13 of the Carlsbad Municipal Code is amended by the adoption 9 of the new Chapter 13.06, entitled "Discharge of Fats, Oils and Grease" to read as follows: 10 Chapter 13.06 DISCHARGE OF FATS, OILS AND GREASE 11 13.06.010 FOG Discharge Requirement 12 13.06.020 FOG Prohibitions 13 13.06.030 Best Management Practices Required 14 13.06.040 FOG Pretreatment Required 1 c 13.06.050 Variance and Waiver of Grease Interceptor Requirement 16 13.06.060 Commercial Properties 13.06.070 Grease Mitigation and Inspection Fees 13.06.080 Drawing submittal requirements18 13.06.090 Grease Interceptor Requirements19 13.06.100 Grease Trap Requirements 20 13.06.110 Monitoring Facilities Requirement 21 13.06.120 Requirements for Best Management Practices 22 13.06.130 Grease Interceptor Maintenance Requirements 23 13.06.140 Monitoring and Reporting Conditions 24 13.06.150 Inspection and Sampling Conditions 25 13.06.160 Right of Entry 26 13.06.170 Notification of Spill 27 13.06.180 Appeals .-z. 1 13.06.010 FOG Discharge Requirement 2 No Food Service Facility shall discharge or cause to be discharged any fats, oils or grease 3 to the sewer system in concentrations that may result in separation and adherence to 4 sewer structures and appurtenances, accumulate and/or cause or contribute to blockages ^ in the sewer system or at the sewer system lateral which connects the Food Service 6 Facility to the sewer system. 7 13.06.020 FOG Prohibitions. 8 The following prohibitions shall apply to all Food Service Facilities: 9 A. Installation of food grinders in the plumbing system of new constructions or remodeling of 10 Food Service Facilities shall be prohibited. 11 B. Introduction of any additives into a Food Service Facilities' wastewater system for the 12 purpose of emulsifying FOG or biologically/chemically treating FOG for grease 13 remediation or as a supplement to interceptor maintenance, unless a specific written 14 authorization from the city is obtained. ,,c C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils 1fi shall be collected and stored properly in receptacles such as barrels or drums for recycling or other acceptable methods of disposal. D. Discharge of wastewater from dishwashers to any grease trap (GT) is prohibited.18 However, the dishwasher discharge drain may be plumbed to a grease interceptor. The19 pre-rinse sink should have a grease control device installed in new construction and 20 installed in any remodel work. 21 E. Discharge of wastewater with temperatures in excess of 140°F to any grease control 22 device, including grease traps and grease interceptors, is prohibited. 23 F. Discharge of wastes from toilets, urinals, wash basins, and other fixtures containing fecal 24 materials to sewer lines intended for grease interceptor service, or vice versa, is 25 prohibited. 26 G. Discharge of any waste including FOG and solid materials removed from the grease 27 control device to the sewer system is prohibited. Grease removed from grease 13 interceptors shall be waste hauled periodically as part of the operation and maintenance 2 requirements for grease interceptors. 3 13.06.030 Best Management Practices Required. All Food Service Facilities shall implement Best Management Practices in its operation to minimize the discharge of FOG to the sewer system. Detailed requirements for Best Management Practices are specified by the city in Section 13.06.120. This may include kitchen practices and employee training that is essential in minimizing FOG discharge. 8 13.06.040 FOG Pretreatment Required. 9 Food Service Facilities are required to install, operate and maintain an approved type and 10 adequately sized grease interceptor necessary to maintain compliance with the objectives 11 of this Chapter, subject to the variance and waiver provisions of Section 13.06.050. The 12 grease interceptor shall be adequate to separate and remove FOG contained in 13 wastewater discharges from Food Service Facilities prior to discharge to the sewer system. 14 Fixtures, equipment, and drain lines located in the food preparation and clean up areas of Food Service Facilities that are sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be established as follows; A. New Construction of Food Service Facilities. New construction of Food Service Facilities17 shall include and install grease interceptors prior to commencing discharges of18 wastewater to the sewer system.19 B. Existing Food Service Facilities or Food Service Facilities that change ownership, that 20 undergo remodeling or a change in operations as defined in Section 13.04.010, shall be 21 required to install a grease interceptor. 22 C. Existing Food Service Facilities, which have caused or contributed to grease-related 23 blockage in the sewer system, or which have sewer laterals connected to hot spots, or 24 which have been determined to contribute significant FOG to the sewer system as 25 determined by the city based on inspection, sampling or cleaning of the sewer system, 26 shall be deemed to have reasonable potential to adversely impact the sewer system, and 27 shall install a grease interceptor within 180 days upon notification by the city. 28 13.06.050 Variance and Waiver of Grease Interceptor Requirement. 2 A. Variance from Grease Interceptor Requirements. An existing Food Service Facility may 3 obtain a variance from the grease interceptor requirement to allow alternative pretreatment technology that is, at least, equally effective in controlling the FOG ^ discharge in lieu of a grease interceptor, if the Food Service Facility demonstrates that it 6 is impossible or impracticable to install, operate or maintain a grease interceptor. The 7 city's determination to grant a variance will be based upon, but not limited to, evaluation 8 of the following conditions: 9 1. There is no adequate space for installation and/or maintenance of a grease 10 interceptor. 11 2. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and 12 the grease interceptor and/or between the grease interceptor and the private 13 collection lines or the public sewer. 14 3. The Food Service Facility can justify that the alternative pretreatment technology is ,-c equivalent or better than a grease interceptor in controlling its FOG discharge. In addition, the Food Service Facility must be able to demonstrate, after installation of the proposed alternative pretreatment, its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months,18 at its own expense. A Variance may be granted if the results show no visible19 accumulation of FOG in its lateral and/or tributary downstream sewer lines. 20 B. Conditional Waiver from Installation of Grease Interceptor. An existing Food Service 21 Facilities may obtain a conditional waiver from installation of a grease interceptor, if the 22 Food Service Facility demonstrates that it has negligible FOG discharge and insignificant 23 impact to the sewer system. Although a waiver from installation of a grease interceptor 24 may be granted, the Food Service Facility may be required to provide space and 25 plumbing segregation for future installation of a grease interceptor. The city's pc determination to grant or revoke a conditional waiver shall be based upon, but not limited 27 to, evaluation of the following conditions: 28 1. Quantity of FOG discharge as measure or as indicated by the size of Food Service 2 Facility based on seating capacity, number of meals served, menu, water usage, 3 amount of on-site consumption of prepared food and other conditions that may reasonable be shown to contribute to FOG discharges. * 2. Adequacy of implementation of Best Management Practices and compliance history. 6 3. Sewer size, grade, condition based on visual information, FOG disposition in the 7 sewer by the Food Service Facility, and history of maintenance and sewer spills in the 8 receiving sewer system. 9 4. Changes in operations that significantly affect FOG discharge. 10 5. Any other condition deemed reasonably related to the generation of FOG discharges 11 by the city. 12 C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For 13 Food Service Facilities where the installation of a grease interceptor is not feasible and 14 no equivalent alternative pretreatment can be installed, a waiver from the grease 15 interceptor requirement may be granted with the imposition of a Grease Disposal 16 Mitigation Fee as described in Section 13.04.060. Additional requirements may be imposed to mitigate the discharge of FOG into the sewer system. The city's determination to grant the waiver with a Grease Disposal Mitigation Fee will be based18 upon, but not limited to, evaluation of the following conditions:n y 1. There is no adequate space for installation and/or maintenance of a grease 20 interceptor. 21 2. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and 22 the grease interceptor and/or between the grease interceptor and the private 23 collection lines or the public sewer. 24 3. A variance from grease interceptor installation to allow alternative pretreatment 25 technology cannot be granted. 26 D. Application for Waiver or Variance of Requirement for Grease Interceptor. A Food 27 Service Facility may submit an application for waiver or variance from the grease 28 1 interceptor requirement to the Inspector. The Food Service Facility bears the burden of 2 demonstrating, to the city's reasonable satisfaction, that the installation of a grease 3 interceptor is not feasible or applicable. Upon determination by the city that reasons are 4 sufficient to justify a variance or waiver, the variance or waiver will be issued to relieve 5 the Food Service Facility from the requirement. 6 E. Terms and Conditions. A variance or waiver shall contain terms and conditions that 7 serve as basis for its issuance. A waiver or variance may be revoked at any time when 8 any of the terms and conditions for its issuance is not satisfied or if the conditions upon 9 which the waiver was based change so that the justification for the waiver no longer 10 exists. The waiver or variance shall be valid so long as the Food Service Facility remains 11 in compliance with their terms and conditions until the expiration date specified in the 12 variance or waiver. 13 13.06.060 Commercial Properties. 14 Property owners of commercial properties or their official designee(s) shall be responsible 15 for the installation and maintenance of the grease interceptor serving multiple Food Service 16 Facilities that are located on a single parcel. 13.06.070 Grease Mitigation and Inspection Fees. 18 The Grease Mitigation and Inspection Fees shall be established by the City Council, and 19 shall be based on the estimated annual increased cost of maintaining the sewer system Of)through inspection and removal of FOG and other viscous or solidifying agents ^ attributable to the Food Service Facility resulting from the lack of or inadequate grease 22 control devices. 23 Food Service Facilities that operate without grease control devices may be required to 24 pay an increased Grease Mitigation Fee and Inspection Fee to equitably cover the costs 25 of increased maintenance of the sewer system as a result of the Food Service Facilities' 26 inability to adequately remove FOG from its wastewater discharge. This Section shall 27 not be interpreted to allow the new construction of, or existing Food Service Facilities 28 n undergoing remodeling or a change in operations to operate without approved grease 2 control devices unless the City has determined that it is impossible or impracticable to 3 install or operate grease control devices for the subject facility under the provisions of 4 Section 13.06.050. 5 13.06.080 Drawing Submittal Requirements. 6 Upon request by the city: 7 A. Food Service Facilities may be required to submit two copies of facility site plans, 8 mechanical and plumbing plans, and details to show all sewer locations and connections. 9 The submittal shall be in a form and content acceptable to the City for review of existing 10 or proposed grease control device, grease interceptor, and operating facilities. The 11 review of the plans and procedures shall in no way relieve the Food Service Facilities of 12 the responsibility of modifying the facilities or procedures in the future, as necessary to 13 produce an acceptable discharge, and to meet the requirements of this section or any 14 requirements of other Regulatory Agencies. 15 B. Food Service Facilities may be required to submit a schematic drawing of the FOG control devices, grease interceptor or other pretreatment equipment, piping and instrumentation diagram.17 C. The city may require the drawings be prepared by a California Registered Civil,18 Chemical, Mechanical or Electrical Engineer, i y 13.06.090 Grease Interceptor Requirements. 20 A. All Food Service Facilities required to provide FOG pretreatment equipment shall install, 21 operate, and maintain an approved type and adequately sized grease interceptor 22 necessary to maintain compliance with the objectives of this section. 23 B. Grease interceptor sizing and installation shall conform to the current edition of the 24 Uniform Plumbing Code. Grease interceptors shall be constructed of impervious 25 materials capable of withstanding abrupt and extreme changes in temperature, they shall 26 be of substantial construction, watertight, and shall have a minimum of two compartments 27 with fittings designed for grease detention. 1 C. The grease interceptor shall be installed at a location where it shall be at all times easily 2 accessible for inspection, cleaning, and removal of accumulated grease. 3 D. Access manholes, with a minimum diameter of 24 inches, shall be provided over each 4 grease interceptor chamber and sanitary tee. The access manholes shall extend at least 5 to finished grade and be designed and maintained to prevent water inflow or infiltration. 6 The manholes shall also have readily removable covers to facilitate inspection, grease 7 removal, and wastewater sampling activities. Covers shall also be gaslight and 8 watertight. 9 13.06.100 Grease Trap Requirements. 10 A. Food Service Facilities may be required to install grease traps in the waste line leading 11 from drains, sinks, and other fixtures or equipment where grease may be introduced into 12 the sewer system in quantities that can cause blockage. 13 B. Sizing and installation of grease traps shall conform to the current edition of the California 14 Plumbing Code. 15 C. Grease traps shall be maintained in efficient operating conditions by removing 1fi accumulated grease on an as-need basis. D. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process.18 E. Grease traps shall be inspected periodically to check for leaking seams and pipes, andi y for effective operation of the baffles and flow regulating device. Grease traps and their 20 baffles shall be maintained free of all caked-on FOG and waste. Removable baffles shall 21 be removed and cleaned during the maintenance process. 22 F. Dishwashers and food waste disposal units shall not be connected to or discharged into 23 any grease trap. 24 13.06.110 Monitoring Facilities Requirement. 25 A. The city may require the Food Service Facilities to construct and maintain in proper 26 operating condition at the Food Service Facilities' sole expense, flow monitoring, 27 constituent monitoring and/or sampling facilities. 28 \°\ 1 B. The location of the monitoring and metering facilities shall be subject to approval by the city. 3 C. Food Service Facilities may be required to provide immediate, clear, safe and uninterrupted access to the city. ^ D. Food Service Facilities may also be required by the city to submit waste analysis plans, 6 contingency plans, and meet other necessary requirements to ensure proper operation 7 and maintenance of the grease control device or grease interceptor and compliance with 8 this section. 9 E. No Food Service Facility shall increase the use of water or in any other manner attempt 10 to dilute a discharge as a partial or complete substitute for treatment to achieve 11 compliance with this section. 12 13.06.120 Requirements for Best Management Practices. 13 A. All Food Service Facilities shall implement best management practices in accordance 14 with the requirements and guidelines established by the city under its FOG Control 15 Program in an effort to minimize the discharge of FOG to the sewer system. ,fi B. All Food Service Facilities shall be required, at a minimum, to comply with the following Best Management Practices, when applicable; 1. Installation of drain screens. Drain screens shall be installed on all drainage18 pipes in food preparation and utensil cleaning areas.19 2. Segregation and collection of waste cooking oil. All waste cooking oil shall be 20 collected and stored properly in recycling receptacles such as barrels or drums. 21 Such recycling receptacles shall be maintained properly to ensure that they do not 22 leak. Licensed waste haulers or an approved recycling facility must be used to 23 dispose of waste cooking oil. Maintenance Logs showing waste hauling-pumping 24 frequency or receipts, or legible copies of receipts from an authorized waste 25 hauler must be kept on site at all times and be accessible for inspection at request 26 of authorized inspector. 27 28 I® 1 3. Disposal of food waste. All food waste shall be disposed of directly into the trash 2 or garbage, and not in sinks. Double-bagging food wastes that have the potential 3 to leak in trash bins is highly recommended. 4. Employee training. Employees of the Food Service Facility shall be trained by ownership/management periodically. Training shall be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for 8 review at any reasonable time by an inspector or city representative. Training 9 shall be done on the following subjects; 10 a. How to "dry wipe" pots, pans, dishware and work areas before washing to 11 remove grease. 12 b. How to properly dispose of food waste and solids in enclosed plastic bags 13 prior to disposal in trash bins or containers to prevent leaking and odors. 14 c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped, d. How to properly dispose of grease or oils from cooking equipment into a grease receptacle such as a barrel or drum without spilling. 5. Maintenance of kitchen exhaust filters. Filters shall be cleaned as frequently as18 necessary to be maintained in good operating condition. The wastewater generated from cleaning the exhaust filter shall be disposed properly. 20 6. Kitchen signage. Best management and waste minimization practices shall be 21 posted conspicuously in the food preparation and dishwashing areas at all times 22 13.06.130 Grease Interceptor Maintenance Requirements. 23 A. Grease Interceptors shall be maintained in efficient operating condition by periodic 24 removal of the full content of the interceptor which includes wastewater, accumulated 25 FOG, floating materials, sludge and solids. 26 B. All existing and newly installed grease interceptors shall be maintained in a manner 27 consistent with a maintenance frequency indicated below under E, number 1. 28 C. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any 2 sewer lateral, sewer system, storm drain, or public right of way during maintenance 3 activities. D. Food Service Facilities with grease interceptors may be required to submit data and * information necessary to establish the maintenance frequency of the grease interceptors. 6 E. The maintenance frequency for all Food Service Facilities with a grease interceptor shall 7 be determined in one of the following methods: 8 1. Grease interceptors shall be fully pumped out and cleaned at a frequency such that 9 the combined FOG and solids accumulation does not exceed 25% of the total 10 design hydraulic depth of the grease interceptor. This is to ensure that the minimum 11 hydraulic retention time and required available hydraulic volume is maintained to 12 effectively intercept and retain FOG discharged to the sewer system. 13 2. All Food Service Facilities with a Grease Interceptor shall maintain their grease 14 interceptor not less than every 6 months. 15 3. All Food Service Facilities will clean the sewer lateral from the grease control device 16 to the sewer main, at least annually, or at a frequency that ensures proper flow within the sewer lateral. A record of the cleaning must be maintained and kept on file for review at the Food Service Facility.18 4. Grease interceptors shall be fully pumped out and cleaned quarterly when the I \y frequency described in (1) has not been established. The maintenance frequency 20 shall be adjusted when sufficient data have been obtained to establish an average 21 frequency based on the requirements described in (1) and guidelines adopted 22 pursuant to the FOG Control Program. The city may change the maintenance 23 frequency at any time to reflect changes in actual operating conditions in 24 accordance with the FOG Control Program. Based on the actual generation of FOG 25 from the Food Service Facility, the maintenance frequency may increase or 26 decrease. 27 28 1 5. The owner/operator of a Food Service Facility may submit a request to the city 2 requesting a change in the maintenance frequency at any time. The Food Service 3 Facility has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the average FOG ^ accumulation over time and meets the requirements described in (1), and that it is in 6 full compliance with the conditions of this Chapter. 7 6. If the grease interceptor, at any time, contains FOG and solids accumulation that 8 does not meet the requirements described in (1), the Food Service Facility shall be 9 required to have the grease interceptor serviced immediately such that all fats, oils, 10 grease, sludge, and other materials are completely removed from the grease 11 interceptor. If deemed necessary, the city may also increase the maintenance 12 frequency of the grease interceptor from the current frequency. 13 F. Wastewater, accumulated FOG, floating materials, sludge/solids, and other materials <I4 removed from the grease interceptor shall be disposed off site properly by waste haulers 1 c in accordance with federal, state and/or local laws. 16 13.06.140 Monitoring and Reporting Conditions. A. Monitoring for Compliance with Reporting Requirements. 1. The city may require periodic reporting of the status of implementation of Best18 Management Practices, in accordance with the FOG Control Program.19 2. The city may require closed circuit television monitoring at the sole expense of the 20 Food Service Facility to observe the actual conditions of the Food Service Facilities' 21 sewer lateral and sewer lines downstream. 22 3. The city may require reports for self-monitoring of wastewater constituents and FOG 23 characteristics of the Food Service Facility needed for determining compliance with 24 any conditions or requirements as specified in this Section. 25 4. Other reports may be required such as compliance schedule progress reports, FOG 26 control monitoring reports, and any other reports deemed reasonably appropriate by 27 the city to ensure compliance with this Section. 28 B. Record Keeping Requirements. The Food Service Facility shall be required to keep all 2 manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the 3 grease control device, disposal carrier and disposal site location for no less than two years. The Food Service Facility shall, upon request, make the manifests, receipts and ^ invoices available to any city representative, their designee, or inspector. These records 6 may include: 7 1. A logbook of grease interceptor, grease trap or grease control device cleaning and 8 maintenance practices. 9 2. A record of Best Management Practices being implemented including employee 10 training. 11 3. Copies of records and manifests of waste hauling interceptor contents. 12 4. Records of sampling data and sludge height monitoring for FOG and solids 13 accumulation in the grease interceptors. 14 5. Records of any spills and/or cleaning of the lateral or sewer system. 15 6. Any other information deemed appropriate by the city to ensure compliance with this dc Section.ID 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,18 or to tamper with or knowingly render inoperable any grease control device, monitoring19 device or method or access point required under this Section 20 13.06.150 Inspection and Sampling Conditions. 21 A. The city may inspect or order the inspection of the wastewater discharges of any Food 22 Service Facility to ascertain whether the intent of this Section is being met and the Food 23 Service Facility is complying with all requirements. The Food Service Facility shall allow 24 the city or the city's designee, access to the Food Service Facility premises, during 25 normal business hours, for purposes of inspecting the Food Service Facilities' grease 26 control devices or interceptors, reviewing the manifests, receipts and invoices related to 27 the cleaning, maintenance and inspection of the grease control devices or interceptor. 28 Z4- B. The city shall have the right to place or order the placement on the Food Service 2 Facilities' property or other locations as determined by the city, such devices as are 3 necessary to conduct sampling or metering operations. Where a Food Service Facility has security measures in force, the Food Service Facility shall make necessary ° arrangement so that representatives of the city shall be permitted to enter without delay 6 for the purpose of performing their specific responsibilities. 7 13.06.160 Right of Entry. 8 Persons or occupants of premises where wastewater is created or discharged shall allow 9 the city or the city's representative, reasonable access to all parts of the wastewater 10 generating and disposal facilities for the purposes of inspection and sampling during all 11 times the discharger's facility is open, operating, or any other reasonable time. No person 12 shall interfere with, delay, resist or refuse entrance to city representatives attempting to 13 inspect any facility involved directly or indirectly with a discharge of wastewater to the city's 14 sewer system. In the event of an emergency involving actual or imminent sanitary sewer ,,c overflow, the city's representatives may access adjoining businesses or properties which 16 share a sewer system with a Food Service Facility in order to prevent or remediate an actual or imminent sanitary overflow. 13.06.170 Notification of Spill.18 Food Service Facilities shall notify the city at least 60 days in advance prior to any facilityn y expansion/remodeling, or process modifications that may result in new or substantially 20 increased FOG discharges or a change in the nature of the discharge. Food Service 21 Facilities shall notify the city in writing of the proposed expansion or remodeling and shall 22 submit any information requested by the city for evaluation of the effect of such expansion 23 on the Food Service Facilities' FOG discharge to the sewer system. 24 13.06.180 Appeals 25 A. General. Any Food Service Facility affected by any decision, action or determination 26 made by the Department may file with the Department a written request for an appeal 27 hearing. The request must be received by the City within fifteen (15) days of mailing of notice of the decision, action, or determination of the City to the appellant. The request 2 for hearing shall set forth in detail all facts supporting the appellant's request. 3 B. Notice. The public works director shall, within fifteen (15) days of receiving the request for appeal, designate a representative to hear the appeal and provide written notice to the 5 appellant of the hearing date, time and place. The hearing date shall not be more than 6 thirty (30) days from the mailing of such notice by certified mail to the appellant unless a 7 later date is agreed to by the appellant. If the hearing is not held within said time due to 8 actions or in actions of the appellant, then the staff decision shall be deemed final. 9 C. Hearing. At the hearing, the appellant shall have the opportunity to present information 10 supporting its position concerning the Department's decision, action or determination. 11 The hearing shall be conducted in accordance with procedures established by the 12 Department and approved by the City Council. 13 D. Written determination. After the conclusion of the hearing, the designated representative 14 shall submit a written report to the director of public works setting forth a brief statement 15 of facts found to be true, a determination of the issues presented, conclusions, and recommendations whether to uphold, modify or reverse the Department's original decision, action or determination. Upon receipt of the written report, the public works director shall make their determination and shall issue the decision and order within thirty18 (30) calendar days of the hearing. The written decision and order of the public works I \y director shall be sent by certified mail to the appellant or its legal counsel/representative 20 at the appellant's business address. 21 E. Final determination. The order of the public works director shall be final in all respects 22 on the sixteenth (16th) day after it is mailed to the appellant. 23 F. Appeal. Any Food Service Facility, affected by any decision, action or determination 24 made by the Public Works Director, may appeal in writing to the City Council by filing with 25 the City Clerk a written notice of such appeal, setting forth grounds thereof. The 26 appellant shall file such notice within fourteen (14) days after receipt of the notice of the 27 administrative decision concerned. The order of the City Council shall be deemed final 28 upon its adoption. If the user fails to appeal to the City Council, or the City Council fails 2 to reverse or modify the Public Works Director's decision, the Public Works Director's 3 decision shall be deemed final. 4 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; ^ and the city clerk shall certify the adoption of this ordinance and cause it to be published at least 6 once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after 7 its adoption. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the day of , 2008, and thereafter. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) -I EXHIBIT 2 REDLINE/STRIKEOUT VERSION 2 ORDINANCE NO. NS-892 3 4 Chapter 13.04 GENERAL REGULATIONS* 5 13.04.010 Definitions. 6 13.04.020 Unsanitary deposits. 7 13.04.030 Use of public sewers required. 8 13.04.035 Sewage discharge prohibited. 9 13.04.040 Sewer connection permit required. 13.04.045 Responsibility for maintenance. 11 13.04.050 General prohibitions. 12 13.04.070 Damaging sewage works. 13 13.04.080 Violations of chapter. 14 13.04.090 Public health, safety and welfare violations. 15 * Prior ordinance history: Ords. 5032, 7023. 16 13.04.010 Definitions. 17 18 A. For the purposes of this chapter, the following words and phrases shall have the 19 meanings respectively ascribed to them by this section: 20 1. "Best Management Practices" means schedules of activities, prohibitions 21 of practices, maintenance procedures and other management practices to 22 prevent or reduction the introduction of FOG to the sewer facilities. 23 4r 2. "Department" means the public works department of the city. 3r 3. "Discharger" means any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User.26 "District" means the city of Carlsbad unless otherwise identified. 27 3r 4. "FOG or Fats. Oils and Grease" means any substance such as vegetable 28 1 or animal products that is used in. or is a by-product of. the cooking or food 2 preparation process, and that turns or may turn viscous or solidifies with a 3 change in temperature or other conditions. 5. "FOG Control Program" means the FOG Control Program required by and 5 developed pursuant to State Water Resources Control Board Order No. 2006- 6 0003. 7 6. "Food Grinder" means any device installed in the plumbing or sewage 8 system for the purpose of grinding food waste or food preparation bv- 9 products for the purpose of disposing it in the sewer system. 10 7. "Food Service Facility" means facilities defined in California Uniform Retail 11 Food Service Facilities Law (CURFFU Section 113785. and any commercial 12 entity within the boundaries of the City's service area, operating in a 13 permanently constructed structure such as a room, building, or place, or 14 portion thereof, maintained, used . or operated for the purpose of storing. 15 preparing, serving, or manufacturing, packaging, or otherwise handling food .„ for sale to other entities, or for consumption by the public, its members orID employees, and which has any process or device that uses or produces FOG.17 E—* ' " or grease vapors, steam, fumes, smoke or odors that are required to be18 removed bv a Type I or Type II hood, as defined in CURFFL Section 113785. A19 limited food preparation establishment is not considered a Food Service 20 Facility when engaged only in reheating, hot holding or assembly of ready to 21 eat food products and as a result, there is no wastewater discharge 22 containing a significant amount of FOG. A limited food preparation 23 establishment does not include any operation that changes the form, flavor. 24 or consistency of food. 25 8. "Garbage" means the animal and vegetable waste from the handling, 26 preparation, cooking, and dispensing of food. 27 4r 9. "Grease" means any material which is extractable from an acidified sample of 28 a waste by hexane or other designated solvent and as determined by the 2 appropriate procedure in standard methods. "Grease" includes fats and oils. 3 10. "Grease Control Device" means any grease interceptor, grease trap or other mechanism, device, or process, which attaches to. or is applied to. 5 wastewater plumbing fixtures and lines, the purpose of which is to trap or 6 collect or treat FOG prior to it being discharged into the sewer system. 7 "Grease Control Device" may also include any other proven method to 8 reduce FOG subject to the approval of the City. 9 §r 11. "Grease interceptor" means a pretreatment device designed and installed to 10 separate fats, oils, and grease from wastewater. 11 12. "Grease Trap" means a grease control device that is used to serve 12 individual or multiple fixtures and have limited effect and should only be used 13 in those cases where the use of a grease interceptor or other grease control 14 device is determined to be impossible or impracticable. 15 13. "Hot Spots" means area in sewer lines that have experienced sanitary ,c sewer overflows or that must be cleaned or maintained frequently to avoidID blockages of the sewer system. §7 14. "Industrial waste" means solid, liquid or gaseous substances discharged or18 flowing from an industrial, manufacturing or commercial premises resulting fromi y manufacturing, processing, treating, recovery or development of natural or artificial 20 resources of whatever nature. 21 Tr 15. "Industrial wastewater" means all water-carried wastes and wastewater of 22 the community excluding domestic wastewater and including all wastewater from 23 any industrial production, manufacturing, processing, commercial, agricultural or 24 other operation. These may also include wastes of human origin similar to domestic 25 wastewater. 26 16. "Inspector" means a person authorized by the City to inspect any existing 27 28 30 1 or proposed wastewater generation, conveyance, and processing and 2 disposal facilities. 3 17. "Interceptor" means a grease interceptor. & 1JJ. "Joint sewer system" means the sewer system constructed jointly by the Vista Sanitation District, the city and the Buena Sanitation District pursuant to that certain contract entitled "Basic Agreement between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System" 8 (County Contract No. 1858-2129E) and all amendments and supplements thereto 9 and as such sewer system is specifically delineated on that certain map entitled 10 "Map of Joint Sewer System—City of Carlsbad, Vista Sanitation District and Buena 11 Sanitation District" on file in the office of the clerk of the board of supervisors of the 12 Buena Sanitation District as Document No. 381247. 13 £r 19. "Operator" means the Encina Administrative Agency. 14 49r 20. "Owner" includes a holder in fee, life tenant, executor, administrator, trustee, and guardian or other fiduciary, lessee or licensee holding under any government lease or license of real property. 44-r 21. "Person" means any person, firm, company, association, corporation,17 political subdivision, municipal corporation, district, the state, the United States of18 America or any department or agency of any thereof.19 r 22. "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. It indicates the intensity of acidity and alkalinity on a pH scale 21 running from zero to fourteen. A pH value of 7.0, the midpoint of the scale, 22 represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 23 indicate acidity. 24 r 23. "Premises" means any lot, piece or parcel of land, building or 25 establishment. 26 44r 24. "Public Works Director" means the director of public works of the city or his 27 ^ •designee. 28 31 1 25. "Remodeling" means a physical change or operational change causing 2 generation of the amount of FOG that exceed the current amount of FOG 3 discharge to the sewer system by the Food Service Facility in an amount that alone or collectively causes or creates a potential for SSOs to occur; or ° exceeding a cost of $50.000 to a Food Service Facility that requires a building 6 permit, and involves any one or combination of the following: (1) Under slab 7 plumbing in the food processing area. (2) a 30% increase in the net public 8 seating area. (3) a 30% increase in the size of the kitchen area, or (4) any 9 change in the size or type of food preparation eguipment. 10 4£r 26. "Sanitary sewer overflow (SSO)" means and includes any overflow, spill, 11 release, discharge or diversion of untreated or partially treated wastewater from a 12 sanitary sewer system. SSOs include: 13 a. Overflows or releases of untreated or partially treated wastewater that reach 14 waters of the United States: 1 c b. Overflows or releases of untreated or partially treated wastewater that do not „» reach waters of the United States; and1b c. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer18 system.19 4&r 27. "Sewage" means the waterborne wastes derived from ordinary human 20 living processes and of such character as to permit satisfactory disposal, without 21 special treatment, into the public sewer, a private sewer, or by means of household 22 septic tank systems and individual household aerobic units. 23 4^7 28. Sewer, Building or House. "Building or house sewer," also known as the 24 "lateral," or the "sewer lateral" means a pipe or conduit carrying sanitary sewage 25 and/or industrial wastes from a building to the public sewer or a common sewer. 26 4£r 29. Sewer, Main. "Sewer main" means any public sewer used to collect and 27 convey sewage or industrial wastes to a publicly owned treatment works (POTW). 28 49r 30. Sewer, Private. "Private sewer" refers to a privately owned sewer, which is 2 not directly controlled by the city. 3 2-Qr 31. Sewer, Public. "Public sewer" means a publicly owned treatment works (POTW), which is owned in this instance by Encina Joint Powers and its member ^ agencies. This definition includes the sewer main and any sewers that convey 6 wastewater to the POTW plant, but does not include pipes, sewers or other 7 conveyances not connected to the facility providing treatment. "Public sewer" also 8 includes any sewers that convey wastewater to the POTW from persons outside the 9 cities of Carlsbad and Vista, the Vallecitos Water District, the Leucadia Wastewater 10 District, the Buena Sanitation District and Encinitas Sanitary District, who are, by 11 contract or agreement with said cities and/or districts, users of the Encina Water 12 Pollution Control Facility. 13 24-7 32. "Sewer system" or "sanitary sewer system" means all construction and 14 appurtenant equipment utilized in the collection, transportation, pumping, treatment 15 and final disposal of sewage within the district. 22-7 33. "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes more than five times the average twenty-18 four-hour concentration of flows during normal operation. 19 23r 34. "Standard methods" means the current edition of Standard Methods for the 20 Examination of Water and Wastewater as published by the American Public Health 21 Association, and Water Pollution Control Federation. 22 24-7 35. "Suspended solids" or "SS" means solids that either float on the surface of, 23 or are in suspension in water, sewage or other liquids; and which are largely 24 removable by laboratory filtering and as determined by the appropriate procedure in 25 standard methods. 26 2§r 36. "Toxic substances" means any substance whether gaseous, liquid or solid, 27 which when discharged to the sewer system in sufficient quantities may tend to 28 interfere with any sewage treatment process, or to constitute a hazard to human 2 beings or animals, or to inhibit aquatic life or create a hazard to recreation in the 3 receiving waters of the effluent from the sewage treatment plant.. 4 37. "Waste Minimization Practices" means plans or programs intended to reduce or eliminate discharges to the 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 8 minimize wastewater produced. 9 38. "Wastehauler" means any person carrying on or engaging in vehicular 10 transport of waste as part of. or incidental to. any business for that purpose. 11 2§r 39. "Wastewater" means any liquid waste of any kind, whether treated or not, 12 and whether animal, mineral or vegetable including sewage, agricultural, industrial 13 and thermal wastes, which are discharged into or permitted to enter a public sewer. 14 (Ord. NS-851 § 1, 2007: Ord. NS-129 § 1,1990: Ord. 7060 § 1 (part), 1980) 15 13.04.050 Restrictions relating to use of public sewers. General "1 fi Prohibitions. 17 A. No person shall discharge or cause to be discharged any Discharge of stormwater, surface water, groundwater, unpolluted industrial process water, roof 20 runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer without written permission in conformance with adopted regulations. B. No person shall enter, obstruct, uncover or tamper with any portion of the public 24 sewer, or connect to it, or dispose anything into any sewer and/or sewer manhole 25 without the written permission of the Public Works Director. 26 C. No person or party shall remove or demolish any building or structures with 27 28 plumbing fixtures connected directly or indirectly to the public sewer without first 2 notifying the Public Works Director of such intention. All openings in or leading to 3 the public sewer line or lines caused by such work shall be sealed watertight and 4 inspected by the Public Works Director before being backfilled. ° D. No person shall fill or backfill over, or cause to cover, or obstruct access to, any 6 sewer manhole. 7 E. No person shall erect any improvements, structures, or buildings over public 8 sewers without the written permission of the Public Works Director. 9 F. Except as hereinafter provided in this section, no person shall discharge or 10 cause to be discharged any of the following described substances, waters or 11 wastes into any public sewers: 12 1 • Liquid or vapor having a temperature higher than one hundred forty degrees 13 Fahrenheit; 14 2. Water or waste which may contain more than two hundred mg/l concentration of 15 fats, oils, or grease or more than thirteen pounds of such substances per day after 1fi protreatment by a grease interceptor, whichever is less, or containing substances which may solidify or become viscous at temperatures between thirty-two degrees and one hundred fifty degrees Fahrenheit;18 3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid19 or gas; 20 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and 21 nuisance; 22 5. Garbage that has not been properly shredded to a size of one-fourth inch or less 23 so that all particles will be carried freely under normal flow conditions in the public 24 sewers; 25 6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, 26 plastics, wood, paunch manure, paper substances or normally dry, solid wastes 27 capable of causing obstruction to the flow in or damage to sewers or other 28 1 interference with the proper operation of the sewerage works; 2 7. Water or wastes having a pH lower than 5.5 or higher than 9.5 or having any 3 other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewerage works; ^ 8. Water or wastes containing any substance in sufficient quantity to discolor, 6 injure, disrupt or interfere with the normal operation of any sewage treatment 7 process, constitute a hazard to human or animal life, create a public nuisance, or 8 significantly lower the quality of the receiving waters; 9 9. Water or wastes containing suspended solids of such character or quantity that 10 unusual attention or expense is required to handle such materials at a sewage 11 treatment plant; 12 10. Any unusual volume of flow or concentration of wastes constituting "slugs" as 13 defined in Section 13.04.010(22); 14 11. Radioactive wastes or isotopes of such half-life or concentration that may 15 exceed limits established by the Public Works Director in compliance with . 6 applicable state or federal regulations; 12. Water added for the purpose of diluting wastes which would otherwise exceed applicable maximum concentration limitations;18 13. Water or wastes containing substances which are not amenable to treatment or I \y reduction by the treatment processes employed, or are amenable to treatment only 20 to such degree that: 21 a. The resulting effluent cannot meet the waste discharge requirements of the 22 regional water quality control board or other agencies having jurisdiction over the 23 quality and protection of the receiving waters, or 24 b. The resulting sludge cannot meet limits for the chosen disposal method. 25 G. No person shall discharge or cause to be discharged any fats and greases to 26 the sewer system if their concentration and physical dispersion results in 27 separation and adherence to sewer structures and appurtenances. If there is 28 1 evidence of adhoronce of such materials to said structures, or if such materials 2 cause blockage in the sewer system, then the wastowater carrying such materials 3 must be effectively pretreated by a process or devico to effect removal from the flow before its discharge to the sowor system. Grease, oil and sand interceptors ° shall be provided when deemed necessary by the public works director for the 6 proper handling of liquid wastes containing grease in oxcessive amounts, and 7 flammable materials, sand and other harmful ingredients. All interceptors shall be 8 of a type and capacity acceptablo to the public works director and shall be located 9 as to be readily accessible for cleaning and inspection: 10 1. Grease and oil interceptors shall be constructed of impervious materials capable 11 of withstanding abrupt and extreme changes in temperature. They shall be of 12 substantial construction, watertight, and equipped with oasily removable covers 13 which when bolted in place shall be gastight and watertight; 14 2. All grease, oil, and sand interceptors shall be maintained in continuously efficient 15 operation at all times by the owner at his expense. In the maintaining of these 1R interceptors, the owner shall be responsible for tho proper removal and disposal by appropriate moans of the captured material and shall maintain records of the dates, amounts, and means of disposal, which are subject to review by the public18 works director.19 J4r G. Any person who discharges or causes to be discharged into the public 20 sewers any water or wastes having more than three hundred mg/l of suspended 21 solids shall be obligated to pay a surcharge, occasioned by the extent to which 22 such water or waste contains an excess over the foregoing limitation of 23 concentration. 24 k H,. Where preliminary treatment facilities are provided for any wastewater as a 25 condition of its acceptance, they shall be maintained continuously in satisfactory 26 and effective operation by the owner at his expense. 27 Jr LI. When required by the Public Works Director, the owner of any property 28 served by a building sewer carrying industrial wastewater shall install monitoring 2 and recording equipment, and a suitable control manhole in the building sewer to 3 facilitate observation, sampling and measurement of the wastes. Such manhole 4 shall be readily accessible and safely located, and shall be constructed in ^ accordance with plans approved by the Public Works Director. The manhole shall 6 be installed and maintained by the owner at his expense. 7 Kr jh All measurements, tests, and analyses of the characteristics of water and 8 wastewater to which reference is made in subsections F, G, and H of this section 9 shall be determined in accordance with the latest edition of the American Public 10 Health Association's Standard Methods for Examination of Water, Sewage and 11 Industrial Wastes and shall be made at the control manhole provided for in 12 subsection 4 \ of this section, or upon suitable samples taken at said control 13 manhole. If no special manhole is available, the sampling location shall be 14 determined by the Public Works Director. (Ord. NS-851 § 5, 2007: Ord. NS-129 15 § 2, 1990: Ord. 7069, 1986; Ord. 7065 § 1, 1983; Ord. 7062 § 1, 1982; Ord. 7060 16 § 1 (part), 1980) 17 Chapter 13.06 DISCHARGE OF FATS. OILS AND GREASES 18 1Q 13.06.010 FOG Discharge Requirement 20 13.06.020 FOG Prohibitions 21 22 13.06.030 Best Management Practices Required 23 13.06.040 FOG Pretreatment Required 24 25 13.06.050 Variance and Waiver of Grease Interceptor Requirement 26 13.06.060 Commercial Properties 27 28 13.06.070 Grease Mitigation and Inspection Fees 2 3 13.06.080 Drawing submittal requirements 4 13.06.090 Grease Interceptor Requirements 5 6 13.06.100 Grease Trap Requirements 7 13.06.110 Monitoring Facilities Requirement 8 9 13.06.120 Requirements for Best Management Practices 10 13.06.130 Grease Interceptor Maintenance Requirements 11 12 13.06.140 Monitoring and Reporting Conditions 13 13.06.150 Inspection and Sampling Conditions 14 15 13.06.160 Right of Entry 16 13.06.170 Notification of Spill 17 18 13.06.010 FOG Discharge Requirement 19 No person shall discharge or cause to be discharged any fats, oils or 20 greases to the sewer system in concentrations that may result in 21 separation and adherence to sewer structures and appurtenances. 22 accumulate and/or cause or contribute to blockages in the sewer 23 system or at the sewer system lateral which connects the Food Service 24 Facility to the sewer system.. 25 26 13.06.020 FOG Prohibitions. 27 28 The following prohibitions shall apply to all Food Service Facilities: 2 3 A. Installation of food grinders in the plumbing system of new 4 constructions or remodeling of Food Service Facilities shall be 5 prohibited. _ B. Introduction of any additives into a Food Service Facilities'D wastewater system for the purpose of emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a8 supplement to interceptor maintenance, unless a specific written 9 authorization from the city is obtained. 10 C. Disposal of waste cooking oil into drainage pipes is prohibited. All 11 waste cooking oils shall be collected and stored properly in 12 receptacles such as barrels or drums for recycling or other 13 acceptable methods of disposal. 14 D. Discharge of wastewater from dishwashers to any grease trap (GT) 15 is prohibited. However, the dishwasher discharge drain may be 1 R plumbed to a grease interceptor. The pre-rinse sink should have a grease control device installed in new construction and installed in 18 any remodel work. 19 E. Discharge of wastewater with temperatures in excess of 140°F to 20 any grease control device, including grease traps and grease 21 interceptors, is prohibited. 22 p. Discharge of wastes from toilets, urinals, wash basins, and other 23 fixtures containing fecal materials to sewer lines intended for 24 grease interceptor service, or vice versa, is prohibited. 25 G. Discharge of any waste including FOG and solid materials removed 26 from the grease control device to the sewer system is prohibited. 27 Grease removed from grease interceptors shall be waste hauled 28 periodically as part of the operation and maintenance requirements 2 for grease interceptors. 3 4 13.06.030 Best Management Practices Required. 5 All Food Service Facilities shall implement Best Management Practices O in its operation to minimize the discharge of FOG to the sewer system. Detailed reguirements for Best Management Practices shall be o specified by the city in writing. This may include kitchen practices and ^ employee training that is essential in minimizing FOG discharge. 10 13.06.040 FOG Pretreatment Required. 12 Food Service Facilities are required to install, operate and maintain an 13 approved type and adequately sized grease interceptor necessary to 14 maintain compliance with the objectives of this Chapter, subject to the 15 variance and waiver provisions of Section 13.06.050. The grease 16 interceptor shall be adequate to separate and remove FOG contained in 17 wastewater discharges from Food Service Facilities prior to discharge 18 to the sewer system. Fixtures, equipment, and drain lines located in 19 the food preparation and clean up areas of Food Service Facilities that 20 are sources of FOG discharges shall be connected to the grease 21 interceptor. Compliance shall be established as follows; 22 D. New Construction of Food Service Facilities. New construction of 23 Food Service Facilities shall include and install grease interceptors 24 prior to commencing discharges of wastewater to the sewer 25 system. E. Existing Food Service Facilities or Food Service Facilities that 07 change ownership, that undergo remodeling or a change in 28 -1! 1 operations as defined in Section 13.04.010. shall be required to 2 install a grease interceptor. 3 F. Existing Food Service Facilities, which have caused or contributed to grease-related blockage in the sewer system, or which have sewer laterals connected to hot spots, or which have been determined to contribute significant FOG to the sewer system as determined by the city based on inspection, sampling or cleaning of 8 the sewer system, shall be deemed to have reasonable potential to 9 adversely impact the sewer system, and shall install a grease 10 interceptor within 180 days upon notification by the city. 11 13.06.050 Variance and Waiver of Grease Interceptor Requirement. 12 13 A. Variance from Grease Interceptor Requirements. An existing Food 14 Service Facility may obtain a variance from the grease interceptor 15 requirement to allow alternative pretreatment technology that is. at 16 least, equally effective in controlling the FOG discharge in lieu of a 17 grease interceptor, if the Food Service Facility demonstrates that it is impossible or impracticable to install, operate or maintain a grease interceptor. The city's determination to grant a variance will on be based upon, but not limited to. evaluation of the following conditions: 22 1. There is no adequate space for installation and/or maintenance of a grease interceptor. 24 2. There is no adequate slope for gravity flow between the kitchen plumbing fixtures and the grease interceptor and/or between the26 27 28 42- grease interceptor and the private collection lines or the public 2 sewer. 3 4 3. The Food Service Facility can justify that the alternative 5 pretreatment technology is eguivalent or better than a grease c interceptor in controlling its FOG discharge. In addition, the FoodD Service Facility must be able to demonstrate, after installation of the proposed alternative pretreatment. its effectiveness to control8 FOG discharge through downstream visual monitoring of the sewer9 system, for at least three months, at its own expense. A Variance 10 may be granted if the results show no visible accumulation of FOG 11 in its lateral and/or tributary downstream sewer lines. 12 13 B. Conditional Waiver from Installation of Grease Interceptor. An 14 existing Food Service Facilities may obtain a conditional waiver 15 from installation of a grease interceptor, if the Food Service Facility 16 demonstrates that it has negligible FOG discharge and insignificant 17 impact to the sewer system. Although a waiver from installation of 18 a grease interceptor may be granted, the Food Service Facility may ig be required to provide space and plumbing segregation for future 2Q installation of a grease interceptor. The city's determination to grant or revoke a conditional waiver shall be based upon, but not limited to. evaluation of the following conditions:22 ' 00 1. Quantity of FOG discharge as measure or as indicated by the 24 size of Food Service Facility based on seating capacity, number of 25 meals served, menu, water usage, amount of on-site consumption 26 of prepared food and other conditions that may reasonable be 27 shown to contribute to FOG discharges. 28 1 2. Adequacy of implementation of Best Management Practices and 2 compliance history. 3 4 3. Sewer size, grade, condition based on visual information. FOG 5 disposition in the sewer by the Food Service Facility, and history of „ maintenance and sewer spills in the receiving sewer system.b 4. Changes in operations that significantly affect FOG discharge. 8 g 5. Any other condition deemed reasonably related to the generation 1Q of FOG discharges by the city. C. Waiver from Grease Interceptor Installation with a Grease Disposal 12 Mitigation Fee. For Food Service Facilities where the installation of 13 a grease interceptor is not feasible and no equivalent alternative 14 pretreatment can be installed, a waiver from the grease interceptor 15 requirement may be granted with the imposition of a Grease 16 Disposal Mitigation Fee as described in Section 13.04.060. 17 Additional requirements may be imposed to mitigate the discharge 18 of FOG into the sewer system. The city's determination to grant the 19 waiver with a Grease Disposal Mitigation Fee will be based upon. 20 but not limited to. evaluation of the following conditions: 21 1. There is no adequate space for installation and/or maintenance 22 of a grease interceptor. 23 24 2. There is no adequate slope for gravity flow between the kitchen 25 plumbing fixtures and the grease interceptor and/or between the 26 grease interceptor and the private collection lines or the public 27 sewer. 28 44 3. A variance from grease interceptor installation to allow 2 alternative pretreatment technology cannot be granted. 3 4 D. Application for Waiver or Variance of Requirement for Grease 5 Interceptor. A Food Service Facility may submit an application for ~ waiver or variance from the grease interceptor requirement to theb city. The Food Service Facility bears the burden of demonstrating. to the city's reasonable satisfaction, that the installation of a grease8 interceptor is not feasible or applicable. Upon determination by the 9 city that reasons are sufficient to justify a variance or waiver, the 10 permit will be issued or revised to include the variance or waiver 11 and relieve the Food Service Facility from the reguirement. 12 13 E. Terms and Conditions. A variance or waiver shall contain terms 14 and conditions that serve as basis for its issuance. A waiver or 15 variance may be revoked at any time when any of the terms and 16 conditions for its issuance is not satisfied or if the conditions upon 17 which the waiver was based change so that the justification for the 18 waiver no longer exists. The waiver or variance shall be valid so ..Q long as the Food Service Facility remains in compliance with their 2Q terms and conditions until the expiration date specified in the variance or waiver. 22 F. Appeals to the Public Works Director. General. Any Food Service Facility affected by any decision, action or 24 determination made by the Department may file with the Department a 25 written request for an appeal hearing. The reguest must be received 26 by the City within fifteen (15) days of mailing of notice of the decision. 27 action, or determination of the City to the appellant. The reguest for 28 1 hearing shall set forth in detail all facts supporting the appellant's request. 3 Notice. The public works director shall, within fifteen (15) days of 4 receiving the request for appeal, designate a representative to hear * the appeal and provide written notice to the appellant of the hearing 6 date, time and place. The hearing date shall not be more than thirty 7 (30) days from the mailing of such notice by certified mail to the 8 appellant unless a later date is agreed to by the appellant. If the 9 hearing is not held within said time due to actions or in actions of the 10 appellant, then the staff decision shall be deemed final. 11 Hearing. At the hearing, the appellant shall have the opportunity to 12 present information supporting its position concerning the 13 Department's decision, action or determination. The hearing shall be 14 conducted in accordance with procedures established by the 15 Department and approved by the City Council. .c Written determination. After the conclusion of the hearing, theID designated representative shall submit a written report to the director of public works setting forth a brief statement of facts found to be18 true, a determination of the issues presented, conclusions, and19 recommendations whether to uphold, modify or reverse the 20 Department's original decision, action or determination. Upon receipt 21 of the written report, the public works director shall make their 22 determination and shall issue the decision and order within thirty (30) 23 calendar days of the hearing. The written decision and order of the 24 public works director shall be sent by certified mail to the appellant or 25 its legal counsel/representative at the appellant's business address. 26 27 28 Final determination. The order of the public works director shall be 2 final in all respects on the sixteenth (16th) day after it is mailed to the 3 appellant. 4 Appeal. Any Food Service Facility, affected by any decision, action or 5 determination made by Department, may appeal in writing to the City 6 Council by filing with the City Clerk a written notice of such appeal. 7 setting forth grounds thereof. The appellant shall file such notice 8 within fourteen (14) days after receipt of the notice of the 9 administrative decision concerned. The order of the City Council shall 10 be deemed final upon its adoption. If the user fails to appeal to the 11 City Council, or the City Council fails to reverse or modify the 12 administrative decision, the Administrator's administrative decision 13 shall be deemed final. 14 13.06.060 Commercial Properties. 15 16 Property owners of commercial properties or their official designee(s) 17 shall be responsible for the installation and maintenance of the grease 18 interceptor serving multiple Food Service Facilities that are located on ig a single parcel. 20 13.06.070 Grease Mitigation and Inspection Fees. 21 22 The Grease Mitigation and Inspection Fees shall be established by the 23 City Council, and shall be based on the estimated annual increased 04 cost of maintaining the sewer system through inspection and removal of FOG and other viscous or solidifying agents attributable to the Food ^0 Service Facility resulting from the lack of or inadequate grease control26 devices.27 28 Food Service Facilities that operate without grease control devices may 2 be required to pay an increased Grease Mitigation Fee and Inspection 3 Fee to equitably cover the costs of increased maintenance of the sewer system as a result of the Food Service Facilities' inability to adequately 5 remove FOG from its wastewater discharge. This Section shall not be interpreted to allow the new construction of. or existing Food Service Facilities undergoing remodeling or a change in operations to operate 8 without approved grease control devices unless the City has 9 determined that it is impossible or impracticable to install or operate 10 grease control devices for the subject facility under the provisions of 11 Section 13.06.050. 12 13.06.080 Drawing Submittal Requirements. 13 14 Upon request by the city: 15 A. Food Service Facilities may be required to submit two copies of 16 facility site plans, mechanical and plumbing plans, and details to 17 show all sewer locations and connections. The submittal shall be 18 in a form and content acceptable to the City for review of existing or 19 proposed grease control device, grease interceptor, and operating 20 facilities. The review of the plans and procedures shall in no way 21 relieve the Food Service Facilities of the responsibility of modifying 22 the facilities or procedures in the future, as necessary to produce an acceptable discharge, and to meet the requirements of this 24 section or any requirements of other Regulatory Agencies. 25 26 27 28 B. Food Service Facilities may be required to submit a schematic 2 drawing of the FOG control devices, grease interceptor or other 3 pretreatment equipment, piping and instrumentation diagram. 4 C. The city may require the drawings be prepared by a California _ Registered Civil. Chemical. Mechanical or Electrical Engineer.D 13.06.090 Grease Interceptor Requirements. 8 g A. All Food Service Facilities required to provide FOG pretreatment 1Q equipment shall install, operate, and maintain an approved type and adeguately sized grease interceptor necessary to maintain11 compliance with the objectives of this section.12 1 ^10 B. Grease interceptor sizing and installation shall conform to the current edition of the Uniform Plumbing Code. Grease interceptors 15 shall be constructed of impervious materials capable of 16 withstanding abrupt and extreme changes in temperature, they 17 shall be of substantial construction, watertight and shall have a 18 minimum of two compartments with fittings designed for grease 19 detention. 20 C. The grease interceptor shall be installed at a location where it shall 21 be at all times easily accessible for inspection, cleaning, and 22 removal of accumulated grease. 23 24 D. Access manholes, with a minimum diameter of 24 inches, shall be 25 provided over each grease interceptor chamber and sanitary tee. 2Q The access manholes shall extend at least to finished grade and be 27 designed and maintained to prevent water inflow or infiltration. The 28 manholes shall also have readily removable covers to facilitate 2 inspection, grease removal, and wastewater sampling activities. 3 Covers shall also be qastight and watertight. 4 5 13.06.100 Grease Trap Requirements. r* A. Food Service Facilities may be required to install grease traps in the waste line leading from drains, sinks, and other fixtures or Q equipment where grease may be introduced into the sewer system 9 in quantities that can cause blockage. 10 B. Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code. 13 C. Grease traps shall be maintained in efficient operating conditions 14 by removing accumulated grease on a daily basis. 15 D. Grease traps shall be maintained free of all food residues and any16 FOG waste removed during the cleaning and scraping process.17 18 E. Grease traps shall be inspected periodically to check for leaking 19 seams and pipes, and for effective operation of the baffles and flow 20 regulating device. Grease traps and their baffles shall be 21 maintained free of all caked-on FOG and waste. Removable baffles 22 shall be removed and cleaned during the maintenance process. 23 F. Dishwashers and food waste disposal units shall not be connected 24 to or discharged into any grease trap. 25 26 13.06.110 Monitoring Facilities Requirement. 27 28 1 A. The city may require the Food Service Facilities to construct and 2 maintain in proper operating condition at the Food Service 3 Facilities' sole expense, flow monitoring, constituent monitoring and/or sampling facilities. 5 „ B. The location of the monitoring and metering facilities shall be D subject to approval by the city. Q C. Food Service Facilities may be required to provide immediate, clear. safe and uninterrupted access to the city. 10 D. Food Service Facilities may also be required by the city to submit11 waste analysis plans, contingency plans, and meet other necessary12 * K " requirements to ensure proper operation and maintenance of the13 grease control device or grease interceptor and compliance with 14 this section. 15 16 E. No Food Service Facility shall increase the use of water or in any 17 other manner attempt to dilute a discharge as a partial or complete 18 substitute for treatment to achieve compliance with this section. 19 13.06.120 Requirements for Best Management Practices. 20 21 A. All Food Service Facilities shall implement best management 22 practices in accordance with the requirements and guidelines 23 established by the city under its FOG Control Program in an effort 24 to minimize the discharge of FOG to the sewer system. 25 26 27 28 1 B. All Food Service Facilities shall be required, at a minimum, to 2 comply with the following Best Management Practices, when 3 applicable; 4 c 1. Installation of drain screens. Drain screens shall be installed on c all drainage pipes in food preparation and utensil cleaning areas.o — 2. Segregation and collection of waste cooking oil. All waste Q cooking oil shall be collected and stored properly in recycling receptacles such as barrels or drums. Such recycling receptacles 10 shall be maintained properly to ensure that they do not leak. 11 Licensed waste haulers or an approved recycling facility must be 12 used to dispose of waste cooking oil. Maintenance Logs showing 13 waste hauling-pumpinq frequency or receipts, or legible copies of 14 receipts from an authorized waste hauler must be kept on site at all 15 times and be accessible for inspection at request of authorized 16 inspector. 17 3. Disposal of food waste. All food waste shall be disposed of 18 directly into the trash or garbage, and not in sinks. Double-bagging 19 food wastes that have the potential to leak in trash bins is highly 20 recommended. 21 22 4. Employee training. Employees of the Food Service Facility shall 23 be trained by ownership/management periodically. Training shall 24 be documented and employee signatures retained indicating each employee's attendance and understanding of the practices reviewed. Training records shall be available for review at any26 ~~~~~~~~ ——— 27 28 reasonable time by an inspector or city representative. Training 2 shall be done on the following subjects; 3 4 a) How to "dry wipe" pots, pans, dishware and work areas before 5 washing to remove grease. O b) How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent P leaking and odors. 9 1f) c) The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped. 1 *^10 d) How to properly dispose of grease or oils from cooking 14 equipment into a grease receptacle such as a barrel or drum 15 without spilling. 16 5. Maintenance of kitchen exhaust filters. Filters shall be cleaned17 ' as frequently as necessary to be maintained in good operating18 condition. The wastewater generated from cleaning the exhaust 19 filter shall be disposed properly. 20 21 6. Kitchen siqnaqe. Best management and waste minimization 22 practices shall be posted conspicuously in the food preparation 23 and dishwashing areas at all times. 24 13.06.130 Grease Interceptor Maintenance Reguirements. 25 26 A. Grease Interceptors shall be maintained in efficient operating 27 condition by periodic removal of the full content of the interceptor 28 which includes wastewater. accumulated FOG, floating materials. 2 sludge and solids. 3 4 B. All existing and newly installed grease interceptors shall be c maintained in a manner consistent with a maintenance frequency _ indicated below under E. number 1. ^ C. No FOG that has accumulated in a grease interceptor shall be Q allowed to pass into any sewer lateral, sewer system, storm drain. 9 or public right of way during maintenance activities. 10 D. Food Service Facilities with grease interceptors may be required to11 a K * a submit data and information necessary to establish the12 maintenance frequency of the grease interceptors. 13 14 E. The maintenance frequency for all Food Service Facilities with a 15 grease interceptor shall be determined in one of the following 16 methods: 17 1. Grease interceptors shall be fully pumped out and cleaned at a 18 frequency such that the combined FOG and solids accumulation 19 does not exceed 25% of the total design hydraulic depth of the 20 grease interceptor. This is to ensure that the minimum hydraulic 21 retention time and required available hydraulic volume is 22 maintained to effectively intercept and retain FOG discharged to the 23 sewer system. 24 25 2. All Food Service Facilities with a Grease Interceptor shall 26 maintain their grease interceptor not less than every 6 months. 27 28 54 3. All Food Service Facilities will clean the sewer lateral from the 2 grease control device to the sewer main, at least annually, or at a 3 frequency that ensures proper flow within the sewer lateral. A record of the cleaning must be maintained and kept on file for review at the Food Service Facility. 6 4. Grease interceptors shall be fully pumped out and cleaned quarterly when the frequency described in (1) has not been established. The maintenance frequency shall be adjusted when9 sufficient data have been obtained to establish an average 10 frequency based on the requirements described in (1) and 11 guidelines adopted pursuant to the FOG Control Program. The city 12 may change the maintenance frequency at any time to reflect 13 changes in actual operating conditions in accordance with the FOG 14 Control Program. Based on the actual generation of FOG from the 15 Food Service Facility, the maintenance frequency may increase or 16 .decrease. 17 18 5. The owner/operator of a Food Service Facility may submit a request to the city requesting a change in the maintenance 2Q frequency at any time. The Food Service Facility has the burden of responsibility to demonstrate that the requested change in frequency reflects actual operating conditions based on the22 average FOG accumulation over time and meets the requirements 23 described in (1). and that it is in full compliance with the conditions 24 of this Ordinance. 25 26 6. If the grease interceptor, at any time, contains FOG and solids 27 accumulation that does not meet the requirements described in (1). 28 1 the Food Service Facility shall be required to have the grease 2 interceptor serviced immediately such that all fats, oils, grease. 3 sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the city may also increase the maintenance frequency of the grease interceptor from the 6 current frequency. 7 F. Wastewater. accumulated FOG, floating materials, sludge/solids. and other materials removed from the grease interceptor shall be 9 disposed off site properly by waste haulers in accordance with 10 federal, state and/or local laws. 11 12 13.06.140 Monitoring and Reporting Conditions. 13 A. Monitoring for Compliance with Reporting Requirements. 14 15 1. The city may reguire periodic reporting of the status of 16 implementation of Best Management Practices, in accordance with 17 the FOG Control Program. 18 2. The city may reguire visual monitoring at the sole expense of the 19 Food Service Facility to observe the actual conditions of the Food 20 Service Facilities' sewer lateral and sewer lines downstream. 21 22 3. The city may reguire reports for self-monitoring of wastewater 23 constituents and FOG characteristics of the Food Service Facility 24 needed for determining compliance with any conditions or 25 requirements as specified in this Section. 26 27 28 1 4. Other reports may be required such as compliance schedule 2 progress reports. FOG control monitoring reports, and any other 3 reports deemed reasonably appropriate by the city to ensure compliance with this Section. 5 „ B. Record Keeping Requirements. The Food Service Facility shall be D required to keep all manifests, receipts and invoices of all cleaning. maintenance, grease removal of/from the grease control device.8 disposal carrier and disposal site location for no less than two9 — years. The Food Service Facility shall, upon reguest. make the 10 manifests, receipts and invoices available to any city 11 representative, their designee. or inspector. These records may 12 include: 13 14 1. A logbook of grease interceptor, grease trap or grease control 15 device cleaning and maintenance practices. 16 2. A record of Best Management Practices being implemented 17 including employee training. 18 19 3. Copies of records and manifests of waste hauling interceptor 20 contents. 21 4. Records of sampling data and sludge height monitoring for FOG 22 and solids accumulation in the grease interceptors. 23 24 5. Records of any spills and/or cleaning of the lateral or sewer 25 system. 26 27 28 6. Any other information deemed appropriate by the city to ensure 2 compliance with this Section. 3 4 C. Falsifying Information or Tampering with Process. It shall be 5 unlawful to make any false statement, representation, record. report, plan or other document that is filed with the city, or toD — tamper with or knowingly render inoperable any grease control device, monitoring device or method or access point required under this Section9 10 13.06.150 Inspection and Sampling Conditions. 11 A. The city may inspect or order the inspection of the wastewater12 discharges of any Food Service Facility to ascertain whether the13 intent of this Section is being met and the Food Service Facility is 14 complying with all requirements. The Food Service Facility shall 15 allow the city or the city's desiqnee. access to the Food Service 16 Facility premises, during normal business hours, for purposes of 17 inspecting the Food Service Facilities' grease control devices or 18 interceptor, reviewing the manifests, receipts and invoices related 19 to the cleaning, maintenance and inspection of the grease control 20 devices or interceptor. 21 22 B. The city shall have the right to place or order the placement on the 23 Food Service Facilities' property or other locations as determined 24 by the city, such devices as are necessary to conduct sampling or metering operations. Where a Food Service Facility has security measures in force, the Food Service Facility shall make necessary26 arrangement so that representatives of the city shall be permitted to27 28 enter without delay for the purpose of performing their specific 2 responsibilities. 3 4 13.06.160 Right of Entry. 5 Persons or occuants of premises where wastewater is created or o discharged shall allow the city or the city's representative, reasonable access to all parts of the wastewater generating and disposal facilities o for the purposes of inspection and sampling during all times the 9 discharger's facility is open, operating, or any other reasonable time. No person shall interfere with, delay, resist or refuse entrance to city 11 representatives attempting to inspect any facility involved directly or 12 indirectly with a discharge of wastewater to the city's sewer system. In 13 the event of an emergency involving actual or imminent sanitary sewer 14 overflow, the city's representatives may access adjoining businesses 15 or properties which share a sewer system with a Food Service Facility 16 in order to prevent or remediate an actual or imminent sanitary 17 overflow. 18 13.06.170 Notification of Spill. 19 20 Food Service Facilities shall notify the city at least 60 days in advance 21 prior to any facility expansion/remodeling, or process modifications 22 that may result in new or substantially increased FOG discharges or a change in the nature of the discharge. Food Service Facilities shall notify the city in writing of the proposed expansion or remodeling and shall submit any information requested by the city for evaluation of the effect of such expansion on the Food Service Facilities' FOG discharge26 to the sewer system.27 28 1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on 2 the day of , 2008, and thereafter. 3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the 4 City of Carlsbad on the day of , 2008, by the following vote to wit: 5 6 AYES: 7 NOES: 8 ABSENT: 9 ABSTAIN: 10 11 APPROVED AS TO FORM AND LEGALITY 12 13 RONALD R. BALL, City Attorney 15 16 CLAUDE A LEWIS, Mayor 17 18 ATTEST: 19 20 LORRAINE M. WOOD, City Clerk 21 (SEAL) 22" 23 24 25 26 27 28 CITY OF CARLSBADCITY CLERK'S OFFICE All Receive-Agenda Item #_ _\ For the Information of the: CITY COUNCIL Asst. Date City Manager June 16, 2008 TO: City Manager, Lisa Hildabrand FROM: Public Works Manager, Cari Dale PROPOSED CORRECTIONS TO FATS, O.LS AND GREASE ORD.NANCE made to the Fats, Oils and Grease Ordinance at the Page 28: Deleted index • Page 39: Added "shall be prohibited to 13 06 020 (B> " Pace 46- R6P!aCeH lepresentative"wi* "^ing officer* in 13.06.050 (F) Notice Page 46. Replaced ^,,nn,ted representative" with "hearing officer in 13.06 050 (F) • Page 46: Replaced "tneif with "his" in 13.06.050 (F) Written determination. Please contact me at extension 7107 if you have any questions. Cari Dale cc: Public Works Director, Glenn Pruim Ron Ball, City Attorney Deputy Public Works Director, Mark Stone 1 EXHIBIT 2 REDLINE/STRIKEOUT VERSION 2 ORDINANCE NO. 3 4 Chapter 13.04.010 Definitions. 5 A. For the purposes of this chapter, the following words and phrases shall have the 6 meanings respectively ascribed to them by this section: 7 1. "Best Management Practices" means schedules of activities, prohibitions 8 of practices, maintenance procedures and other management practices to g prevent or reduction the introduction of FOG to the sewer facilities. 4r 2. "Department" means the public works department of the city. 2^ 3. "District" means the city of Carlsbad unless otherwise identified "Discharger" ^ means any person who discharges or causes a discharge of wastewater 13 directly or indirectly to a public sewer. Discharger shall mean the same as 14 User. 15 3v 4. "FOG or Fats. Oils and Grease" means any substance such as vegetable 16 or animal products that is used in. or is a by-product of, the cooking or food 17 preparation process, and that turns or may turn viscous or solidifies with a 18 change in temperature or other conditions. 19 5. "FOG Control Program" means the FOG Control Program reguired by and 20 developed pursuant to State Water Resources Control Board Order No. 2006- 21 0003. 22 6. "Food Grinder" means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by- ^O products for the purpose of disposing it in the sewer system. 7. "Food Service Facility" means facilities defined in California Uniform Retail25 !— Food Service Facilities Law (CURFFL) Section 113785, and any commercial26 entity within the boundaries of the City's service area, operating in a 27 permanently constructed structure such as a room, building, or place, or 28 1 portion thereof, maintained, used , or operated for the purpose of storing, 2 preparing, serving, or manufacturing, packaging, or otherwise handling food 3 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. 5 or grease vapors, steam, fumes, smoke or odors that are required to be 6 removed by a Type I or Type II hood, as defined in CURFFL Section 113785. A 7 limited food preparation establishment is not considered a Food Service 8 Facility when engaged only in reheating, hot holding or assembly of ready to 9 eat food products and as a result, there is no wastewater discharge 10 containing a significant amount of FOG. A limited food preparation 11 establishment does not include any operation that changes the form, flavor. 12 or consistency of food. 13 8. "Garbage" means the animal and vegetable waste from the handling, 14 preparation, cooking, and dispensing of food. . c 4r 9. "Grease" means any material which is extractable from an acidified sample ofH O ;*• . _ a waste by hexane or other designated solvent and as determined by the1b appropriate procedure in standard methods. "Grease" includes fats and oils. 10. "Grease Control Device" means any grease interceptor, grease trap or18 — — other mechanism, device, or process, which attaches to. or is applied to.19 wastewater plumbing fixtures and lines, the purpose of which is to trap or 20 collect or treat FOG prior to it being discharged into the sewer system. 21 "Grease Control Device" may also include any other proven method to 22 reduce FOG subject to the approval of the City. 23 §r 11. "Grease interceptor" means a pretreatment device designed and installed to 24 separate fats, oils, and grease from wastewater. 25 12. "Grease Trap" means a grease control device that is used to serve O G individual or multiple fixtures and have limited effect and should only be used 27 28 in those cases where the use of a grease interceptor or other grease control 2 device is determined to be impossible or impracticable. 3 13. "Hot Spots" means area in sewer lines that have experienced sanitary sewer overflows or that must be cleaned or maintained frequently to avoid 5 blockages of the sewer system. 6 &r 14. "Industrial waste" means solid, liquid or gaseous substances discharged or 7 flowing from an industrial, manufacturing or commercial premises resulting from 8 manufacturing, processing, treating, recovery or development of natural or artificial 9 resources of whatever nature. 10 7r 15. "Industrial wastewater" means all water-carried wastes and wastewater of 11 the community excluding domestic wastewater and including all wastewater from 12 any industrial production, manufacturing, processing, commercial, agricultural or 13 other operation. These may also include wastes of human origin similar to domestic 1 ^ wastewater. ,.. 16. "Inspector" means a person authorized by the City to inspect any existingi o ._ or proposed wastewater generation, conveyance, and processing and16 disposal facilities.17 17. "Interceptor" means a grease interceptor.18 Sr 18. "Joint sewer system" means the sewer system constructed jointly by the19 Vista Sanitation District, the city and the Buena Sanitation District pursuant to that 20 certain contract entitled "Basic Agreement between Vista Sanitation District and the 21 City of Carlsbad for the Acquisition and Construction of a Joint Sewer System" 22 (County Contract No. 1858-2129E) and all amendments and supplements thereto 23 and as such sewer system is specifically delineated on that certain map entitled 24 "Map of Joint Sewer System—City of Carlsbad, Vista Sanitation District and Buena 25 Sanitation District" on file in the office of the clerk of the board of supervisors of the oo Buena Sanitation District as Document No. 381247. 27 9r 19. "Operator" means the Encina Administrative Agency. 28 r 20. "Owner" includes a holder in fee, life tenant, executor, administrator, 2 trustee, and guardian or other fiduciary, lessee or licensee holding under any •3 government lease or license of real property. 44-r 21. "Person" means any person, firm, company, association, corporation, political subdivision, municipal corporation, district, the state, the United States of America or any department or agency of any thereof. 7 45rr 22. "pH" means the reciprocal of the logarithm of the hydrogen ion 8 concentration. It indicates the intensity of acidity and alkalinity on a pH scale 9 running from zero to fourteen. A pH value of 7.0, the midpoint of the scale, 10 represents neutrality. Values above 7.0 indicate alkalinity and those below 7.0 11 indicate acidity. 12 43r 23. "Premises" means any lot, piece or parcel of land, building or establishment. . 4 44r 24. "Public Works Director" means the director of public works of the city or his designee. . . 25. "Remodeling" means a physical change or operational change causing1 b generation of the amount of FOG that exceed the current amount of FOG discharge to the sewer system by the Food Service Facility in an amount that18 alone or collectively causes or creates a potential for SSOs to occur: or19 exceeding a cost of $50,000 to a Food Service Facility that requires a building 20 permit, and involves any one or combination of the following: (1) Under slab 21 plumbing in the food processing area. (2) a 30% increase in the net public 22 seating area. (3) a 30% increase in the size of the kitchen area, or (4) any 23 change in the size or type of food preparation equipment. 24 4-5r 26. "Sanitary sewer overflow (SSO)" means and includes any overflow, spill, 25 release, discharge or diversion of untreated or partially treated wastewater from a 26 sanitary sewer system. SSOs include: 27 a. Overflows or releases of untreated or partially treated wastewater that reach 28 1 waters of the United States: 2 b. Overflows or releases of untreated or partially treated wastewater that do not 3 reach waters of the United States; and c. Wastewater backups into buildings and on private property that are caused by blockages or flow conditions within the publicly owned portion of a sanitary sewer system. 4§r 27. "Sewage" means the waterborne wastes derived from ordinary human 8 living processes and of such character as to permit satisfactory disposal, without 9 special treatment, into the public sewer, a private sewer, or by means of household 1 o septic tank systems and individual household aerobic units. 4^ 28. Sewer, Building or House. "Building or house sewer," also known as the 2 "lateral,", or the "sewer lateral" means a pipe or conduit carrying sanitary sewage •\ 3 and/or industrial wastes from a building to the public sewer or a common sewer. 4&r 29;.Sewer, Main. "Sewer main" means any public sewer used to collect and . 5 convey sewage or industrial wastes to a publicly owned treatment works (POTW). „„- 49r 30, Sewer, Private. "Private sewer" refers to a privately owned sewer, which is1 b • not directly controlled by the city. 2Or 31. Sewer, Public. "Public sewer" means a publicly owned treatment works18 • (POTW), which is owned in this instance by Encina Joint Powers and its member19 agencies. This definition includes the sewer main and any sewers that convey 20 wastewater to the POTW plant, but does not include pipes, sewers or other 21 conveyances not connected to the facility providing treatment. "Public sewer" also 22 includes any sewers that convey wastewater to the POTW from persons outside the 23 cities of Carlsbad and Vista, the Vallecitos Water District, the Leucadia Wastewater 24 District, the Buena Sanitation District and Encinitas Sanitary District, who are, by 25 contract or agreement with said cities and/or districts, users of the Encina Water 26 Pollution Control Facility. 27 -r 32. "Sewer system" or "sanitary sewer system" means all construction and 28 -| 1 appurtenant equipment utilized in the collection, transportation, pumping, treatment 2 and final disposal of sewage within the district. o 23r 33. "Slug" means any discharge of water, sewage or industrial wastes which in concentration of any given constituent or in quantity of flow exceeds for any period 5 of duration longer than fifteen minutes more than five times the average twenty- 6 four-hour concentration of flows during normal operation. ^ 23r 34. "Standard methods" means the current edition of Standard Methods for the 8 Examination of Water and Wastewater as published by the American Public Health 9 Association, and Water Pollution Control Federation. 1 o -24r 35, "Suspended solids" or "SS" means solids that either float on the surface of, or are in suspension in water, sewage or other liquids; and which are largely 1 2 removable by laboratory filtering and as determined by the appropriate procedure in 1 3 standard methods. ^ 4 2&r 36. "Toxic substances" means any substance whether gaseous, liquid or solid, . f. which when discharged to the sewer system in sufficient quantities may tend to\ t? . _ interfere with any sewage treatment process, or to constitute a hazard to human1 b beings or animals, or to inhibit aquatic life or create a hazard to recreation in the receiving waters of the effluent from the sewage treatment plant..1 8 37. "Waste Minimization Practices" means plans or programs intended to 19 reduce or eliminate discharges to the sewer system or to conserve water. 20 including, but not limited to, product substitutions, housekeeping practices. 21 inventory control, employee education, and other steps as necessary to 22 minimize wastewater produced. 23 38. "Wastehauler" means any person carrying on or engaging in vehicular 24 transport of waste as part of, or incidental to. any business for that purpose. 25 2&r 39. "Wastewater" means any liquid waste of any kind, whether treated or not, o c and whether animal, mineral or vegetable including sewage, agricultural, industrial 27 28 1 and thermal wastes, which are discharged into or permitted to enter a public sewer. 2 (Ord. NS-851 § 1, 2007: Ord. NS-129 § 1, 1990: Ord. 7060 § 1 (part), 1980) 3 4 13.04.050 Restrictions relating to use of public sewers. General ._ Prohibitions.o c A. No person shall discharge or cause to be discharged any Discharge of stormwater, surface water, groundwater, unpolluted industrial process water, roof Q runoff, subsurface drainage, or any waters from an uncontaminated cooling system, swimming pool, decorative fountain or pond, into any public sewer or any private sewer which is connected to the public sewer is prohibited without written permission in conformance with adopted regulations. 12 B. No person shall enter, obstruct, uncover or tamper with any portion of the public 13 sewer, or connect to it, or dispose anything into any sewer and/or sewer manhole 14 without the written permission of the Public Works Director. 15 C. No person or party shall remove or demolish any building or structures with 16 ' plumbing fixtures connected directly or indirectly to the public sewer without first -j 7 notifying the Public Works Director of such intention. All openings in or leading to the public sewer line or lines caused by such work shall be sealed watertight and inspected by the Public Works Director before being backfilled. D. No person shall fill or backfill over, or cause to cover, or obstruct access to, any sewer manhole. E. No person shall erect any improvements, structures, or buildings over public sewers without the written permission of the Public Works Director. 23 F. Except as hereinafter provided in this section, no person shall discharge or 24 cause to be discharged any of the following described substances, waters or 25 wastes into any public sewers: 26 1. Liquid or vapor having a temperature higher than one hundred forty degrees 27 28 1 Fahrenheit; 2 2. Water or waste which may contain more than two hundred mg/l concentration of 3 fats, oils, or grease or more than thirteen pounds of such substances per day after pretreatment by a grease interceptor, whichever is less, or containing substances 5 which may solidify or become viscous at temperatures between thirty-two degrees 6 and one hundred fifty degrees Fahrenheit; ~? 3. Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid 8 or gas; 9 4. Toxic, noxious or malodorous liquid, solid, or gas deemed a public hazard and 10 nuisance; 11 5. Garbage that has not been properly shredded to a size of one-fourth inch or less •j 2 so that all particles will be carried freely under normal flow conditions in the public 13 sewers; ,|4 6. Ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, . c plastics, wood, paunch manure, paper substances or normally dry, solid wastes capable of causing obstruction to the flow in or damage to sewers or other interference with the proper operation of the sewerage works; 7. Water or wastes having a pH lower than 5.5 or higher than 9.5 or having any18 other corrosive property capable of causing damage or hazard to structures,19' equipment, and personnel of the sewerage works; 20 8. Water or wastes containing any substance in sufficient quantity to discolor, 21 injure, disrupt or interfere with the normal operation of any sewage treatment 22 process, constitute a hazard to human or animal life, create a public nuisance, or 23 significantly lower the quality of the receiving waters; 24 9. Water or wastes containing suspended solids of such character or quantity that 25 unusual attention or expense is required to handle such materials at a sewage r\ £* treatment plant; 27 10. Any unusual volume of flow or concentration of wastes constituting "slugs" as 28 1 defined in Section 13.04.010(22); o 11. Radioactive wastes or isotopes of such half-life or concentration that may 3 exceed limits established by the Public Works Director in compliance with 4 applicable state or federal regulations; 5 12. Water added for the purpose of diluting wastes which would otherwise exceed 6 applicable maximum concentration limitations; 7 13. Water or wastes containing substances which are not amenable to treatment or 8 reduction by the treatment processes employed, or are amenable to treatment only 9 to such degree that: 1 o a. The resulting effluent cannot meet the waste discharge requirements of the 1 1 regional water quality control board or other agencies having jurisdiction over the 12 quality and protection of the receiving waters, or 13 b. The resulting sludge cannot meet limits for the chosen disposal method. 14 G. No person shall discharge or cause to be discharged any fats and greases to .„ the sewer system if their concentration and physical dispersion results 4ft , _ . separation and adherence to sewer structures and appurtenances. If thare is16 ovidenco of adherence of such materials to said structures, or if such materials cause blockage in the sewer system, then the wastewater carrying such materials18 must be effectively pretreated by a process or device to effect removal from tho 19 flow before its discharge to the sewer system. Grease, oil and sand interceptors 20 shall be provided when deemed necessary by the public works director for tho 21 proper handling of liquid wastes containing grease in excessive amounts, and 22 flammable materials, sand and other harmful ingredients. All interceptors shall bo 23 of a type and capacity acceptable to the public works director and shall be located 24 as to be readily accessible for cleaning and inspection: 25 1. Grease and oil interceptors shall be constructed of impervious materials capable 26 of withstanding abrupt and extreme changes in temperature. They shall bo of 27 substantial construction, watertight, and equipped with easily removable covers 28 which when bolted in place shall be gastight and watertight; 2 2. All grease, oil, and sand interceptors shall be maintained in continuously efficiont o operation at all times by the owner at his expense. In the maintaining of these ^ interceptors, the owner shall be responsible for the proper removal and disposal by 5 appropriate means of the captured material and shall maintain records of the 6 dates, amounts, and means of disposal, which are subject to review by the public 7 works director. 8 Hr G^ Any person who discharges or causes to be discharged into the public 9 sewers any water or wastes having more than three hundred mg/l of suspended 1 o solids shall be obligated to pay a surcharge, occasioned by the extent to which -| 1 such water or waste contains an excess over the foregoing limitation of 12 concentration. 13 IT H. Where preliminary treatment facilities are provided for any wastewater as a 14 condition of its acceptance, they shall be maintained continuously in satisfactory , 5 and effective operation by the owner at his expense. <Jr K I. When:required by the Public Works Director, the owner of any property served by a building sewer carrying industrial wastewater shall install monitoring and recording equipment, and a suitable control manhole in the building sewer to18 facilitate observation, sampling and measurement of the wastes. Such manhole19 shall be readily accessible and safely located; and shall be constructed in 20 accordance with plans approved by the Public Works Director. The manhole shall 21 be installed and maintained by the owner at his expense. 22 Kr J^ All measurements, tests, and analyses of the characteristics of water and 23 wastewater to which reference is made in subsections F, G, and H of this section 24 shall be determined in accordance with the latest edition of the American Public 25 Health Association's Standard Methods for Examination of Water, Sewage and O C Industrial Wastes and shall be made at the control manhole provided for in 27 subsection d I of this section, or upon suitable samples taken at said control 28 manhole. If no special manhole is available, the sampling location shall be 2 determined by the Public Works Director. (Ord. NS-851 § 5, 2007: Ord. NS-129 3 § 2, 1990: Ord. 7069, 1986; Ord. 7065 § 1, 1983; Ord. 7062 § 1, 1982; Ord. 7060 4 §1 (part), 1980) 5 Chapter 13.06 DISCHARGE OF FATS. OILS AND GREASES6 • 13.06.010 FOG Discharge Requirement 8 g 13.06.020 FOG Prohibitions 13.06.030 Best Management Practices Required 12 13.06.040 FOG Pretreatment Required 13 13.06.050 Variance and Waiver of Grease Interceptor Requirement 14 15 13.06.060 Commercial Properties 16 13.06.070 Grease Mitigation and Inspection Fees 17 13 13.06.080 Drawing submittal requirements 19 13.06.090 Grease Interceptor Requirements 20 21 13.06.100 Grease Trap Requirements 22 13.06.110 Monitoring Facilities Requirement 23 24 13.06.120 Requirements for Best Management Practices 25 13.06.130 Grease Interceptor Maintenance Requirements 26 27 13.06.140 Monitoring and Reporting Conditions 28 13.06.150 Inspection and Sampling Conditions 2 3 13.06.160 Right of Entry 4 13.06.170 Notification of Spill 5 6 13.06.010 FOG Discharge Requirement 7 No person shall discharge or cause to be discharged any fats, oils or 8 greases to the sewer system in concentrations that may result in 9 separation and adherence to sewer structures and appurtenances. 10 accumulate and/or cause or contribute to blockages in the sewer 11 system or at the sewer system lateral which connects the Food Service 1 ?Facility to the sewer system.. 13 13.06.020 FOG Prohibitions. The following prohibitions shall apply to all Food Service Facilities: 16 17 A. Installation of food grinders in the plumbing system of new .0 constructions or remodeling of Food Service Facilities shall beI o ; prohibited. B. Introduction of any additives into a Food Service Facilities'20 wastewater system for the purpose of emulsifying FOG or21 biologically/chemically treating FOG for grease remediation or as a 22 supplement to interceptor maintenance, shall be prohibited unless 23 a specific written authorization from the city is obtained. 24 C. Disposal of waste cooking oil into drainage pipes is prohibited. All 25 waste cooking oils shall be collected and stored properly in 26 27 28 1 receptacles such as barrels or drums for recycling or other 2 acceptable methods of disposal. -3 D. Discharge of wastewater from dishwashers to any grease trap (GT) is prohibited. However, the dishwasher discharge drain may be 5 plumbed to a grease interceptor. The pre-rinse sink should have a grease control device installed in new construction and instated in 7 any remodel work. 8 E. Discharge of wastewater with temperatures in excess of 140°F to 9 any grease control device, including grease traps and grease 10 interceptors, is prohibited. F. Discharge of wastes from toilets, urinals, wash basins, and other 12 fixtures containing fecal materials to sewer lines intended for 13 grease interceptor service, or vice versa, is prohibited. 14 G. 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 hauledi b periodically as part of the operation and maintenance requirements17 ' for grease interceptors.18 19 13.06.030 Best Management Practices Required. 20 All Food Service Facilities shall implement Best Management Practices in its operation to minimize the discharge of FOG to the sewer system.22 Detailed requirements for Best Management Practices shall be23 specified by the city in writing. This may include kitchen practices and 24 employee training that is essential in minimizing FOG discharge. 25 26 13.06.040 FOG Pretreatment Required. 27 28 1 Food Service Facilities are required to install, operate and maintain an 2 approved type and adequately sized grease interceptor necessary to q maintain compliance with the objectives of this Chapter, subject to the ^ variance and waiver provisions of Section 13.06.050. The grease 5 interceptor shall be adequate to separate and remove FOG contained in 6 wastewater discharges from Food Service Facilities prior to discharge 7 to the sewer system. Fixtures, equipment, and drain lines located in 8 the food preparation and clean up areas of Food Service Facilities that 9 are sources of FOG discharges shall be connected to the grease 10 interceptor. Compliance shall be established as follows: 11 ' D. New Construction of Food Service Facilities. New construction of 12 ,. - Food Service Facilities shall include and install grease interceptors 13 prior to commencing discharges of wastewater to the sewer 14 •>•• • :system. 15 •E. Existing Food Service Facilities or Food Service Facilities that change ownership, that undergo remodeling or a change in operations as defined in Section 13.04.010. shall be required to 1 8 install a grease interceptor. 19 F. Existing Food Service Facilities, which have caused or contributed 20 to grease-related blockage in the sewer system, or which have 21 sewer laterals connected to hot spots, or which have been 22 determined to contribute significant FOG to the sewer system as 23 determined by the city based on inspection, sampling or cleaning of 24 the sewer system, shall be deemed to have reasonable potential to 25 adversely impact the sewer system, and shall install a grease 26 interceptor within 180 days upon notification by the city. 27 28 1 13.06.050 Variance and Waiver of Grease Interceptor Requirement. 2 3 A. Variance from Grease Interceptor Requirements. An existing Food 4 Service Facility may obtain a variance from the grease interceptor ,- requirement to allow alternative pretreatment technology that is. atb •— '— least, equally effective in controlling the FOG discharge in lieu of a6 — grease interceptor, if the Food Service Facility demonstrates that it is impossible or impracticable to install, operate or maintain a8 grease interceptor. The city's determination to grant a variance will 9 be based upon, but not limited to, evaluation of the following 10 conditions: 11 12 1. There is no adequate space for installation and/or maintenance 13 of a grease interceptor. 14 2. There is no adequate slope for gravity flow between the kitchen 15 plumbing fixtures and the grease interceptor and/or between the 16 grease interceptor and the private collection lines or the public 17 sewer. 18 19 3. The Food Service Facility can justify that the alternative 20 pretreatment technology is equivalent or better than a grease 21 interceptor in controlling its FOG discharge. In addition, the Food 22 Service Facility must be able to demonstrate, after installation of 23 the proposed alternative pretreatment; its effectiveness to control FOG discharge through downstream visual monitoring of the sewer system, for at least three months, at its own expense. A Variance25 may be granted if the results show no visible accumulation of FOG26 — ; in its lateral and/or tributary downstream sewer lines. 27 28 1 B. Conditional Waiver from Installation of Grease Interceptor. An 2 existing Food Service Facilities may obtain a conditional waiver 3 from installation of a grease interceptor, if the Food Service Facility demonstrates that it has negligible FOG discharge and insignificant 5 impact to the sewer system. Although a waiver from installation of 6 a grease interceptor may be granted, the Food Service Facility may 7 be required to provide space and plumbing segregation for future 8 installation of a grease interceptor. The city's determination to 9 grant or revoke a conditional waiver shall be based upon, but not 10 limited to. evaluation of the following conditions: 11 1. Quantity of FOG discharge as measure or as indicated by the 12 -r size of Food Service Facility based on seating capacity, number of 13 meals served, menu, water usage, amount of on-site consumption 14 . of prepared food and other conditions that may reasonable be 15 shown to contribute to FOG discharges. 16 17 2. Adequacy of implementation of Best Management Practices and ..g compliance history. 19 3. Sewer size, grade, condition based on visual information, FOG 20 disposition in the sewer by the Food Service Facility, and history of 21 maintenance and sewer spills in the receiving sewer system. 22 23 4. Changes in operations that significantly affect FOG discharge. 24 5. Any other condition deemed reasonably related to the generation 05 of FOG discharges by the city. 26 27 28 1 C. Waiver from Grease Interceptor Installation with a Grease Disposal 2 Mitigation Fee. For Food Service Facilities where the installation of Q a grease interceptor is not feasible and no equivalent alternative pretreatment can be installed, a waiver from the grease interceptor 5 requirement may be granted with the imposition of a Grease 6 Disposal Mitigation Fee as described in Section 13.04.060. 7 Additional requirements may be imposed to mitigate the discharge 8 of FOG into the sewer system. The city's determination to grant the 9 waiver with a Grease Disposal Mitigation Fee will be based upon. 10 but not limited to, evaluation of the following conditions: 11 1. There is no adequate space for installation and/or maintenance 12 of a grease interceptor. 13 14 2. There is no adequate slope for gravity flow between the kitchen 15 plumbing fixtures and the grease interceptor and/or between the 16 grease interceptor and the private collection lines or the public 17 sewer. 18 3. A variance from grease interceptor installation to allow 19 alternative pretreatment technology cannot be granted. 20 21 D. Application for Waiver or Variance of Reguirement for Grease 22 Interceptor. A Food Service Facility may submit an application for 23 waiver or variance from the grease interceptor requirement to the city. The Food Service Facility bears the burden of demonstrating, to the city's reasonable satisfaction, that the installation of a grease25 interceptor is not feasible or applicable. Upon determination by the26 city that reasons are sufficient to justify a variance or waiver, the27 : 28 1 permit will be issued or revised to include the variance or waiver 2 and relieve the Food Service Facility from the requirement. 3 4 E. Terms and Conditions. A variance or waiver shall contain terms c and conditions that serve as basis for its issuance. A waiver oro • !— _ variance may be revoked at any time when any of the terms and6 conditions for its issuance is not satisfied or if the conditions upon which the waiver was based change so that the justification for the8 : waiver no longer exists. The waiver or variance shall be valid so 9 long as the Food Service Facility remains in compliance with their 10 terms and conditions until the expiration date specified in the 11 variance or waiver. 12 13 F. Appeals to the Public Works Director. 14 General. Any Food Service Facility affected by any decision, action or 15 determination made by the Department may file with the Department a 16 written request for an appeal hearing. The request must be received 17 by the City within fifteen (15) days of mailing of notice of the decision, 18 action, or determination of the City to the appellant. The request for 1g hearing shall set forth in detail all facts supporting the appellant's on request. Notice. The public works director shall, within fifteen (15) days of receiving the request for appeal, designate a hearing officer to hear22 the appeal and provide written notice to the appellant of the hearing 23 date, time and place. The hearing date shall not be more than thirty 24 (30) days from the mailing of such notice by certified mail to the 25 appellant unless a later date is agreed to by the appellant. If the 26 I 27 28 1 hearing is not held within said time due to actions or in actions of the 2 appellant, then the staff decision shall be deemed final. Hearing. At the hearing, the appellant shall have the opportunity to 4 present information supporting its position concerning the 5 Department's decision, action or determination. The hearing shall be 6 conducted in accordance with procedures established by the 7 Department and approved by the City Council. : "1 8 Written determination. After the conclusion of the hearing, the hearing 9 officer shall submit a written report to the director of public works 10 setting forth a brief statement of facts found to be true, a 11 determination of the issues presented, conclusions, and 12 recommendations whether to uphold, modify or reverse the 13 Department's original decision, action or determination. Upon receipt .., of the written report, the public works director shall make his ,.. determination and shall issue the decision and order within thirty (30)i b --. : • •——*-•— .. calendar days of the hearing. The written decision and order of the16 public works director shall be sent by certified mail to the appellant or its legal counsel/representative at the appellant's business address.18 Final determination. The order of the public works director shall be 19 final in all respects on the sixteenth (16th) day after it is mailed to the 20 appellant. 21 Appeal. Any Food Service Facility, affected by any decision, action or 22 determination made by Department, may appeal in writing to the City 23 Council by filing with the City Clerk a written notice of such appeal. 24 setting forth grounds thereof. The appellant shall file such notice 25 within fourteen (14) days after receipt of the notice of the JC administrative decision concerned. The order of the City Council shall 27 be deemed final upon its adoption. If the user fails to appeal to the 28 City Council, or the City Council fails to reverse or modify the 2 administrative decision, the Administrator's administrative decision 3 shall be deemed final. 4 13.06.060 Commercial Properties. Property owners of commercial properties or their official designee(s) shall be responsible for the installation and maintenance of the grease ° interceptor serving multiple Food Service Facilities that are located on a single parcel. 10 13.06.070 Grease Mitigation and Inspection Fees. 12 The Grease Mitigation and Inspection Fees shall be established by the 13 City Council, and shall be based on the estimated annual increased cost of maintaining the sewer system through inspection and removal 15 of FOG and other viscous or solidifying agents attributable to the Food 16 Service Facility resulting from the lack of or inadequate grease control 17 devices. 18 Food Service Facilities that operate without grease control devices may 19 be required to pay an increased Grease Mitigation Fee and Inspection 20 Fee to equitably cover the costs of increased maintenance of the sewer 21 system as a result of the Food Service Facilities' inability to adequately 22 remove FOG from its wastewater discharge. This Section shall not be 23 interpreted to allow the new construction of, or existing Food Service 24 Facilities undergoing remodeling or a change in operations to operate 25 without approved grease control devices unless the City has no determined that it is impossible or impracticable to install or operate 27 28 1 grease control devices for the subject facility under the provisions of 2 Section 13.06.050. 3 13.06.080 Drawing Submittal Requirements. 5 Upon request by the city: 6 A. Food Service Facilities may be required to submit two copies of facility site plans, mechanical and plumbing plans, and details to „ show all sewer locations and connections. The submittal shall bey in a form and content acceptable to the City for review of existing or proposed grease control device, grease interceptor, and operating facilities. The review of the plans and procedures shall in no way12 . ., relieve the Food Service Facilities of the responsibility of modifying 13 the facilities or procedures in the future, as necessary to produce 14 an acceptable discharge, and to meet the requirements of this 15 section or any requirements of other Regulatory Agencies. 16 " 17 B. Food Service Facilities may be required to submit a schematic 18 drawing of the FOG control devices, grease interceptor or other 19 pretreatment equipment, piping and instrumentation diagram. 20 C. The city may require the drawings be prepared by a California 21 Registered Civil, Chemical, Mechanical or Electrical Engineer. 22 23 13.06.090 Grease Interceptor Requirements. 24 A. All Food Service Facilities required to provide FOG pretreatment 25 equipment shall install, operate, and maintain an approved type and 26 27 28 adequately sized grease interceptor necessary to maintain 2 compliance with the objectives of this section. 3 4 B. Grease interceptor sizing and installation shall conform to the c current edition of the Uniform Plumbing Code. Grease interceptorso shall be constructed of impervious materials capable of6 withstanding abrupt and extreme changes in temperature, they shall be of substantial construction, watertight, and shall have a8 ; minimum of two compartments with fittings designed for grease 9 - detention. 10 11 C. The grease interceptor shall be installed at a location where it shall 12 be at all times easily accessible for inspection, cleaning, and 13 removal of accumulated grease. 14 D. Access manholes, with a minimum diameter of 24 inches, shall be 15 provided over each grease interceptor chamber and sanitary tee. 16 The access manholes shall extend at least to finished grade and be 17 designed and maintained to prevent water inflow or infiltration. The 18 manholes shall also have readily removable covers to facilitate 19 inspection, grease removal, and wastewater sampling activities. 20 Covers shall also be gastight and watertight. 21 22 13.06.100 Grease Trap Reguirements. 23 A. Food Service Facilities may be required to install grease traps in 24 the waste line leading from drains, sinks, and other fixtures or 25 equipment where grease may be introduced into the sewer system O C in guantities that can cause blockage. 27 28 1 B. Sizing and installation of grease traps shall conform to the current 2 edition of the California Plumbing Code. 3 4 C. Grease traps shall be maintained in efficient operating conditions ,. by removing accumulated grease on a daily basis.o — c D. Grease traps shall be maintained free of all food residues and any FOG waste removed during the cleaning and scraping process. 8 g E. Grease traps shall be inspected periodically to check for leaking seams and pipes, and for effective operation of the baffles and flow regulating device. Grease traps and their baffles shall be maintained free of all caked-on FOG and waste. Removable baffles.12 -. ~ : shall be removed and cleaned during the maintenance process. 13 14 F. Dishwashers and food waste disposal units shall not be connected 15 to or discharged into any grease trap. 16 13.06.110 Monitoring Facilities Requirement. 17 18 A. The city may require the Food Service Facilities to construct and 19 maintain in proper operating condition at the Food Service 20 Facilities' sole expense, flow monitoring, constituent monitoring 21 and/or sampling facilities. 22 B. The location of the monitoring and metering facilities shall be 23 subject to approval by the city. 24 25 C. Food Service Facilities may be required to provide immediate, clear. 26 safe and uninterrupted access to the city. 27 28 1 D. Food Service Facilities may also be required by the city to submit 2 waste analysis plans, contingency plans, and meet other necessary o requirements to ensure proper operation and maintenance of the grease control device or grease interceptor and compliance with 5 this section. 6 E. No Food Service Facility shall increase the use of water or in any other manner attempt to dilute a discharge as a partial or complete8 substitute for treatment to achieve compliance with this section. 9 1° 13.06.120 Requirements for Best Management Practices. 11 A. All Food Service Facilities shall implement best management12 : practices in accordance with the requirements and guidelines 13 established by the city under its FOG Control Program in an effort 14 ... , to minimize the discharge of FOG to the sewer system. 15 16 B. All Food Service Facilities shall be required, at a minimum, to 17 comply with the following Best Management Practices, when 18 applicable; 19 1. Installation of drain screens. Drain screens shall be installed on 20 all drainage pipes in food preparation and utensil cleaning areas. 21 22 2. Segregation and collection of waste cooking oil. All waste 23 cooking oil shall be collected and stored properly in recycling 24 receptacles such as barrels or drums. Such recycling receptacles 25 shall be maintained properly to ensure that they do not leak. 25 Licensed waste haulers or an approved recycling facility must be 27 used to dispose of waste cooking oil. Maintenance Logs showing 28 1 waste hauling-pumping frequency or receipts, or legible copies of 2 receipts from an authorized waste hauler must be kept on site at all o times and be accessible for inspection at request of authorized inspector. 5 3. Disposal of food waste. All food waste shall be disposed of6 - directly into the trash or garbage, and not in sinks. Double-bagging food wastes that have the potential to leak irv trash bins is highly8 recommended. 9 10 4. Employee training. Employees of the Focd Service Facility shall 11 be trained by ownership/management periodically. Training shall 12 be documented and employee signatures retained indicating each 13 employee's attendance and understanding of the practices 14 reviewed. Training records shall be available for review at any 15 reasonable time by an inspector or city representative. Training 15 shall be done on the following subjects; 17 a) How to "dry wipe" pots, pans, dishware and work areas before 18 washing to remove grease. 19 20 b) How to properly dispose of food waste and solids in enclosed 21 plastic bags prior to disposal in trash bins or containers to prevent 22 leaking and odors. 23 c) The location and use of absorption products to clean under fryer 24 baskets and other locations where grease may be spilled or 25 dripped. 26 27 28 1 d) How to properly dispose of grease or oils from cooking 2 equipment into a grease receptacle such as a barrel or drum 3 without spilling. 4 r- 5. Maintenance of kitchen exhaust filters. Filters shall be cleanedo . _ as frequently as necessary to be maintained in good operatingb condition. The wastewater generated from cleaning the exhaust filter shall be disposed properly.8 ^ 6. Kitchen signage. Best management and waste minimization 10 ..» practices shall be posted conspicuously in the food preparation 11 . an'd dishwashing areas at all times. 12 ;•. :, 13.06.130 Grease Interceptor Maintenance Reguirements. 13 14 ' A. Grease Interceptors shall be maintained in efficient operating 15 condition by periodic removal of the full content of the interceptor 16 which includes wastewater. accumulated FOG, floating materials. 17 sludge and solids. 18 B. All existing and newly installed grease interceptors shall be 19 maintained in a manner consistent with a maintenance frequency 20 indicated below under E, number 1. 21 22 C. No FOG that has accumulated in a grease interceptor shall be 23 allowed to pass into any sewer lateral, sewer system, storm drain. 24 or public right of way during maintenance activities. 25 26 27 28 3" 1 D. Food Service Facilities with grease interceptors may be required to 2 submit data and information necessary to establish the o maintenance frequency of the grease interceptors. 4 ^ E. The maintenance frequency for all Food Service Facilities with a grease interceptor shall be determined in one of the following6 methods: Q 1. Grease interceptors shall be fully pumped out and cleaned at a 9 frequency such that the combined FOG and solids accumulation 10 does not exceed 25% of the total design hydraulic depth of the 11 grease interceptor. This is to ensure that the minimum hydraulic 12 retention time and required available hydraulic volume is 13 maintained to effectively intercept and retain FOG discharged to the 14 sewer system. 15 2. All Food Service Facilities with a Grease Interceptor shall 16 maintain their grease interceptor not less than every 6 months. 17 18 3. All Food Service Facilities will clean the sewer lateral from the 19 grease control device to the sewer main, at least annually, or at a 20 frequency that ensures proper flow within the sewer lateral. A 21 record of the cleaning must be maintained and kept on file for 22 review at the Food Service Facility. 23 4. Grease interceptors shall be fully pumped out and cleaned 24 quarterly when the frequency described in (1) has not been 25 established. The maintenance frequency shall be adjusted when oc sufficient data have been obtained to establish an average o -j frequency based on the requirements described in (1) and 28 guidelines adopted pursuant to the FOG Control Program. The city 2 may change the maintenance frequency at any time to reflect 3 changes in actual operating conditions in accordance with the FOG Control Program. Based on the actual generation of FOG from the 5 Food Service Facility, the maintenance frequency may increase or 6 decrease. 7 5. The owner/operator of a Food Service Facility may submit a 8 • " request to the city requesting a change in the maintenance 9 frequency at any time. The Food Service Facility has the burden of 10 responsibility to demonstrate that the requested change in 11 frequency reflects actual operating conditions based on the 12 average FOG accumulation over time and meets the requirements 13 described in (1), and that it is in full compliance with the conditions 14 of this Ordinance. 15 16 6. If the grease interceptor, at any time, contains FOG and soSids 17 accumulation that does not meet the requirements described in (1). ig the Food Service Facility shall be required to have the grease . „ interceptor serviced immediately such that all fats, oils, grease, sludge, and other materials are completely removed from the grease interceptor. If deemed necessary, the city may also increase the maintenance frequency of the grease interceptor from the22 current frequency. 23 24 F. Wastewater, accumulated FOG, floating materials, sludge/solids. 25 and other materials removed from the grease interceptor shall be 26 disposed off site properly by waste haulers in accordance with 27 federal, state and/or local laws. 28 13.06.140 Monitoring and Reporting Conditions. 2 3 A. Monitoring for Compliance with Reporting Requirements. 4 1. The city may require periodic reporting of the status of implementation of Best Management Practices, in accordance with R the FOG Control Program. 7 2. The City may require visual monitoring at the sole expense of the g Food Service Facility to observe the actual conditions of the Food Service Facilities' sewer lateral and sewer lines downstream. 1 -I 3. The city may require reports for self-monitoring of wastewater 1 9 constituents and FOG characteristics of the Food Service Facility needed for determining compliance with any conditions or '.:*! requirements as specified in this Section. 15 4. Other reports may be required such as compliance schedule16 — — progress reports, FOG control monitoring reports, and any other 17 reports deemed reasonably appropriate by the city to ensure 18 compliance with this Section. 19 20 B. Record Keeping Requirements. The Food Service Facility shall be 21 required to keep all manifests, receipts and invoices of all cleaning. 22 maintenance, grease removal of/from the grease control device. 23 disposal carrier and disposal site location for no less than two 24 years. The Food Service Facility shall, upon request, make the 25 manifests, receipts and invoices available to any city representative, their designee, or inspector. These records may 27 include: 28 1 1. A logbook of grease interceptor, grease trap or grease control 2 device cleaning and maintenance practices. 3 4 2. A record of Best Management Practices being implemented including employee training. C 3. Copies of records and manifests of waste hauling interceptor contents. 8 n 4. Records of sampling data and sludge height monitoring for FOGy and solids accumulation in the grease interceptors.10 11 5. Records of any spills and/or cleaning of the lateral or sewer ' system. 13 6. Any other information deemed appropriate by the city to ensure14 .. " ; compliance with this Section.15 K 16 C. Falsifying Information or Tampering with Process. It shall be unlawful to make any false statement, representation, record. 18 report, plan or other document that is filed with the city, or to 19 tamper with or knowingly render inoperable any grease control 20 device, monitoring device or method or access point required under 21 this Section 22 13.06.150 Inspection and Sampling Conditions. 23 24 A. The city may inspect or order the inspection of the wastewater 25 discharges of any Food Service Facility to ascertain whether the 26 intent of this Section is being met and the Food Service Facility is 27 complying with all requirements. The Food Service Facility shall 28 allow the city or the city's designee. access to the Food Service 2 Facility premises, during normal business hours, for purposes of 3 inspecting the Food Service Facilities' grease control devices or 4 interceptor, reviewing the manifests, receipts and invoices related 5 to the cleaning, maintenance and inspection of the grease control 6 devices or interceptor. 7 B. The city shall have the right to place or order the placement on the8 Food Service Facilities' property or other locations as determined9 by the city, such devices as are necessary to conduct sampling or 10 , metering operations. Where a Food Service Facility has security 11 measures in force, the Food Service Facility shall make necessary 12 arrangement so that representatives of the city shall be permitted to 13 enter without delay for the purpose of performing their specific 14 responsibilities. 15 16 13.06.160 Right of Entry. 17 Persons or occupants of premises where wastewater is created or 18 discharged shall allow the city or the city's representative, reasonable 19 access to all parts of the wastewater generating and disposal facilities 20 for the purposes of inspection and sampling during all times the 21 discharger's facility is open, operating, or any other reasonable time. ?2 No person shall interfere with, delay, resist or refuse entrance to city OQ^° representatives attempting to inspect any facility involved directly or 24 indirectly with a discharge of wastewater to the city's sewer system. \n 25 the event of an emergency involving actual or imminent sanitary sewer 26 overflow, the city's representatives may access adjoining businesses 27 or properties which share a sewer system with a Food Service Facility 28 1 in order to prevent or remediate an actual or imminent sanitary overflow. 3 4 13.06.170 Notification of Spill. 5 Food Service Facilities shall notify the city at least 60 days in advance C prior to arty facility expansion/remodeling, or process modifications that may result in new or substantially increased FOG discharges or a Q change in the nature of the discharge. Food Service Facilities shall notify the city in writing of the proposed expansion or remodeling and shall submit any information requested by the city for evaluation of the effect of such expansion on the Food Service Facilities' FOG discharge 12 to the sewer system. 13 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 14 day of , 2008, and thereafter. 15 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad 1 fi on the day of _, 2008, by the following vote, to wit: 17 18 AYES: 19 NOES: 20 ABSENT: 21 ABSTAIN: 22 23 24 APPROVED AS TO FORM AND LEGALITY 25 26 27 RONALD R. BALL, City Attorney 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL)