HomeMy WebLinkAbout2008-10-07; City Council; 19602; Amendment to Municipal CodeCITY OF CARLSBAD - AGENDA BILL 8
AB# 19.602
MTG. 10/07/08
DEPT. Clerk
AMENDMENT TO CARLSBAD MUNICIPAL CODE
REGULATING FATS, OILS, AND GREASE (FOG)
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-010 amending Title 13 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:
Ordinance No. CS-010 was introduced and first read at the City Council meeting held on
September 23, 2008. The second reading allows the City Council to adopt the ordinance,
which would then become effective in thirty days. The City Clerk will have the ordinance
published within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,592 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. CS-010.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED H
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES O
EXHIBIT 1
1
ORDINANCE NO. CS-010
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
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WHEREAS, On November 6, 2007, Council adopted and approved the Development
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Plan and Schedule for the Sewer System Management Plan (SSMP); and
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WHEREAS, the Development Plan called for the City to develop a Fats, Oils, and
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Grease (FOG) Control Program; and
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WHEREAS, such a program includes adopting ordinances and practices that limit the
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discharge of Fats, Oils and Grease which may cause blockages in the sewer system and cause
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or contribute to overflows; and
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WHEREAS, the over arching goal of the WDR is to reduce or eliminate sanitary sewer
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overflows (SSOs). A reduction of the FOG in Carlsbad's sanitary sewer system will reduce
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SSOs;
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NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
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follows:
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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
8 introduction of FOG to the sewer facilities.
9 2. "Department" means the public works department of the city.
10 3. "Discharger" means any person who discharges or causes a discharge of wastewater
11 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.
1 g 6. "Food Grinder" means any device installed in the plumbing or sewage system for the
1 g purpose of grinding food waste or food preparation by-products for the purpose of
20 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
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room, building, or place, or portion thereof, maintained, used , or operated for the purpose
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of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for
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sale to other entities, or for consumption by the public, its members or employees, and
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which has any process or device that uses or produces FOG, or grease vapors, steam,
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fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as
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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
4 containing a significant amount of FOG. A limited food preparation establishment does
5 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
15 method to reduce FOG subject to the approval of the City.
1fi 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 ai y
grease interceptor or other grease control device is determined to be impossible or
20
impracticable.
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13. "Hot Spots" means area in sewer lines that have experienced sanitary sewer overflows or
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that must be cleaned or maintained frequently to avoid blockages of the sewer system.
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14. "Industrial waste" means solid, liquid or gaseous substances discharged or flowing from
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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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15. "Industrial wastewater" means all water-carried wastes and wastewater of the community
2 excluding domestic wastewater and including all wastewater from any industrial
o 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.
1 fi 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,
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municipal corporation, district, the state, the United States of America or any department
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or agency of any thereof.
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22. "pH" means the reciprocal of the logarithm of the hydrogen ion concentration. It indicates
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the intensity of acidity and alkalinity on a pH scale running from zero to fourteen. A pH
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value of 7.0, the midpoint of the scale, represents neutrality. Values above 7.0 indicate
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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.
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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
o 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
1 fi 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 processesi y
and of such character as to permit satisfactory disposal, without special treatment, into the
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public sewer, a private sewer, or by means of household septic tank systems and
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individual household aerobic units.
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28. Sewer, Building or House. "Building or house sewer," also known as the "lateral," or the
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"sewer lateral" means a pipe or conduit carrying sanitary sewage and/or industrial wastes
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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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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
5 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,
I o discharge or diversion of untreated or partially treated wastewater from a sanitary sewer
I1 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
, c waters of the United States; and1b
., 0 c. Wastewater backups into buildings and on private property that are caused by
ID
blockages or flow conditions within the publicly owned portion of a sanitary sewer
system.18 y
27. "Sewage" means the waterborne wastes derived from ordinary human living processesI y
and of such character as to permit satisfactory disposal, without special treatment, into the
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public sewer, a private sewer, or by means of household septic tank systems and
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individual household aerobic units.
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28. Sewer, Building or House. "Building or house sewer," also known as the "lateral," or the
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"sewer lateral" means a pipe or conduit carrying sanitary sewage and/or industrial wastes
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from a building to the public sewer or a common sewer.
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29. Sewer, Main. "Sewer main" means any public sewer used to collect and convey sewage
or industrial wastes to a publicly owned treatment works (POTW).
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30. Sewer, Private. "Private sewer" refers to a privately owned sewer, which is not directly
2 controlled by the city.
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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
5 includes the sewer main and any sewers that convey wastewater to the POTW plant, but
6 does not include pipes, sewers or other conveyances not connected to the facility
7 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
11 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
14 of sewage within the district.
15 33. "Slug" means any discharge of water, sewage or industrial wastes which in concentration
16 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
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Water Pollution Control Federation.
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35. "Suspended solids" or "SS" means solids that either float on the surface of, or are in
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suspension in water, sewage or other liquids; and which are largely removable by
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laboratory filtering and as determined by the appropriate procedure in standard methods.
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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
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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
^ 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 withi y
adopted regulations.20
B. No person shall enter, obstruct, uncover or tamper with any portion of the public sewer, or
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connect to it, or dispose anything into any sewer and/or sewer manhole without the written
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permission of the Public Works Director.
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C. No person or party shall remove or demolish any building or structures with plumbing
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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.
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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
the written permission of the Public Works Director.
5 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
14 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,
16 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, and20
personnel of the sewerage works;
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8. Water or wastes containing any substance in sufficient quantity to discolor, injure, disrupt
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or interfere with the normal operation of any sewage treatment process, constitute a hazard
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to human or animal life, create a public nuisance, or significantly lower the quality of the
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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 /Hi
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;
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 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
1g wastes having more than three hundred mg/l of suspended solids shall be obligated to pay a
16 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 its
acceptance, they shall be maintained continuously in satisfactory and effective operation byI y
the owner at his expense.20
I. When required by the Public Works Director, the owner of any property served by a building
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sewer carrying industrial wastewater shall install monitoring and recording equipment, and a
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suitable control manhole in the building sewer to facilitate observation, sampling and
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measurement of the wastes. Such manhole shall be readily accessible and safely located,
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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.
26 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
fO
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
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
15 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 Requirements
13.06.100 Grease Trap Requirements
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13.06.110 Monitoring Facilities Requirement
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13.06.120 Requirements for Best Management Practices
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13.06.130 Grease Interceptor Maintenance Requirements
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13.06.140 Monitoring and Reporting Conditions
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13.06.150 Inspection and Sampling Conditions
25 13.06.160 Right of Entry
26 13.06.170 Notification of Changes to Facility
27 13.06.180 Appeals
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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 from effluent and
adherence to sewer structures and appurtenances, accumulate and/or cause or contribute
5 to blockages in the sewer system or at the sewer system lateral which connects the Food
6 Service 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.
15 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. Thei y
pre-rinse sink should have a grease control device installed in new construction and20
installed in any remodel work.
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E. Discharge of wastewater with temperatures in excess of 140QF to any grease control
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device, including grease traps and grease interceptors, is prohibited.
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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
interceptors shall be waste hauled periodically as part of the operation and maintenance
requirements for grease interceptors.
o
13.06.030 Best Management Practices Required.
All Food Service Facilities shall implement Best Management Practices in its operation to
5 minimize the discharge of FOG to the sewer system. Detailed requirements for Best
6 Management Practices are specified by the city in Section 13.06.120. This may include
7 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
1 j- Food Service Facilities that are sources of FOG discharges shall be connected to the
1 fi grease interceptor. Compliance shall be established as follows;
A. New Construction of Food Service Facilities. New construction of Food Service Facilities
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
undergo remodeling or a change in operations as defined in Section 13.04.010, shall be
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required to install a grease interceptor.
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C. Existing Food Service Facilities, which have caused or contributed to grease-related
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blockage in the sewer system, or which have sewer laterals connected to hot spots, or
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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.
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13.06.050 Variance and Waiver of Grease Interceptor Requirement.
2 A. Variance from Grease Interceptor Requirements. An existing Food Service Facility may
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obtain a variance from the grease interceptor requirement to allow alternative
pretreatment technology that is, at least, equally effective in controlling the FOG
5 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
15 equivalent or better than a grease interceptor in controlling its FOG discharge. In
, 6 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 visiblei y
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
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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
26 determination to grant or revoke a conditional waiver shall be based upon, but not limited
27 to, evaluation of the following conditions:
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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,
o amount of on-site consumption of prepared food and other conditions that may
reasonable be shown to contribute to FOG discharges.
5 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
..5 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:I y
1. There is no adequate space for installation and/or maintenance of a grease20
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 \5
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
^2 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
20 through inspection and removal of FOG and other viscous or solidifying agents
21 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
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.
.c B. Food Service Facilities may be required to submit a schematic drawing of the FOG
16 control devices, grease interceptor or other pretreatment equipment, piping and
instrumentation diagram.
C. The city may require the drawings be prepared by a California Registered Civil,18
Chemical, Mechanical or Electrical Engineer.1 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.
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 gastight 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.
•J3 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
16 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 their20
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
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.
16 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.
1y
2. Segregation and collection of waste cooking oil. All waste cooking oil shall be
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
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
5 ownership/management periodically. Training shall be documented and
6 employee signatures retained indicating each employee's attendance and
7 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
15 and other locations where grease may be spilled or dripped.
16 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 as
necessary to be maintained in good operating condition. The wastewateri y
generated from cleaning the exhaust filter shall be disposed properly.
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
activities.
D. Food Service Facilities with grease interceptors may be required to submit data and
5 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
1 fi 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 thei 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
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
o Facility has the burden of responsibility to demonstrate that the requested change in
frequency reflects actual operating conditions based on the average FOG
5 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
14 removed from the grease interceptor shall be disposed off site properly by waste haulers
15 in accordance with federal, state and/or local laws.
1fi 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,i y
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
0 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
5 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
„„ 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, monitoringi y
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
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
0
necessary to conduct sampling or metering operations. Where a Food Service Facility
has security measures in force, the Food Service Facility shall make necessary
5 arrangement so that representatives of the city shall be permitted to enter without delay
6 for the purpose of performing their specific responsibilities.
1 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
15 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 Changes to Facility.
Food Service Facilities shall notify the city at least 60 days in advance prior to any facilityi y
expansion/remodeling, or process modifications that may result in new or substantially20
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 ten (10) calendar days of
28
mailing of notice of the decision, action, or determination of the City to the appellant. The
2 request 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
4 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
..(- of facts found to be true, a determination of the issues presented, conclusions, and
1fi 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 worksi 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 ten (10) calendar days after receipt of the notice of
27 the administrative decision concerned. The order of the City Council shall be deemed
28
final upon its adoption. If the user fails to appeal to the City Council, or the City Council
2 fails to reverse or modify the Public Works Director's decision, the Public Works
o Director's decision shall be deemed final.
4 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption;
5 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
23 rd day of September. 2008, and thereafter.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad
on the 7^ day of October. 2008, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Packard and Nygaard.
NOES: None.
ABSENT: Council Member Hall.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
.n«
RONALD R. BALL, City Attorney
ATTEST:
M. WOOTJ, City ClerR
(SEAL)