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CITY OF CARLSBAD - AGENDA BILL
AN ORDINANCE AMENDING TITLE 13, REGULATING
FATS, OILS, AND GREASES (FOG)
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DEPT. HEAD jl
CITY ATTY. /
CITY MGR.
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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
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
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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
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SSOs;
23
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
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follows:
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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.
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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
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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
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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.
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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
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CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)