HomeMy WebLinkAboutORD-17-04 Adopt Fats, Oils, & Grease Control- Food Service RegulationsORDINANCE N0. 17-04
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE ADOPTING FATS, OILS AND
GREASE CONTROL REGULATIONS APPLICABLE
TO FOOD SERVICE ESTABLISHMENTS.
WHEREAS, pursuant to Govemment Code Sections 38900.38901 the City of Orange
hereafter, City) has the authority to adopt ordinances regularing to the provision of sewerservicesandfacilities; and
WHEREAS, the Regional Water Quality Control Boazd (RWQCB) for the Santa Ana
Region adopted Order R8-2002-0014, which prohibits sanitary sewer overflows (SSOs)by sewercollectionagencies; and
WHEREAS, in Order R8-2002-0014, the RWQCB found that one of the leading causes
of SSOs within the Santa Ana Region, which encompasses the City's service azea is greaseblockages; and
WHEREAS, SSOs aze often caused by dischazge of wastewater containing high levels of
fat, oils and gease (FOG), suspended solids, pathogenic organisms, and other pollutants; may
cause temporary exceedances of applicable water quality objectives; pose a tUreat to the public
health; adversely affect aquatic life; result in costs for cleanup; and impair the public recreational
use and aesthetic enjoyment of surface waters within Orange County; and
WHEREAS, the 2000-2001 Orange County Grand Jury(Grand Jury) conducted a surveyamong35wastewatercollecrionandtreatmentagenciesinOrangeCountyandconcludedthat
one of the leading causes of SSOs is sewer lines clogged from the accumulation of FOG
dischazged from Food Service Establishments (FSEs); and
VVHEREAS, the Grand Jury concluded that more effective methods of minimizing FOG
discharges into the sewer system must be developed and implemented in order to prevent sewerblockagesandSSOs; and
WHEREAS, Order No. R8-2002-0014 requires the City to monitor and control SSOs
and to develop a FOG Control Program by December 30, 2004; and
WHEREAS, in light of the evidence that FOG is a primary cause of SSOs, the CitydesirestoimplementaFOGControlProgramtopreventSSOs; and
VHEREAS, Section 1014 of the 2001 California Plumbing Code, as adopted and
amended by reference by Chapter 15.15 of the Orange Municipal Code (hereafter, California
Plumbing Code), requires the instailation of grease traps or interceptors when in the opinion of
the Building Official waste pretreatment is required; and
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WHEREAS, the foregoing findings indicate that a FOG Control Program is required for
FSEs within the City's jurisdiction to comply with waste discharge regularions and prevent the
hazmful effects of SSOs; and
WHEREAS, this Ordinance will require existing FSEs to install grease control devices
or interceptors no later than three years from the effective date ofthis Ordinance or to otheiwise
implement measures that effective in preventing SSOs; and
WHEREAS, the City Council finds that three years is a reasonable amortization period
for existing FSEs that aze operating without a grease control device or grease interceptor; and
WHEREAS, the City Council finds that specific enforcement pmvisions must be
adopted to govem discharges of wastewater to the City's system by FSEs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES
ORDAIN AS FOLLOWS:
SECTION I:
Title 13 of the Orange Municipal Code is hereby amended by adding Chapter 13.66
thereto to read in full as follows:
Chaater 13.66
FATS.OILS AND GREASE REGULATIONS (FOGI
Sections•
13.66.010 Purpose and Policy.
13.66.020 Definitions.
13.66.030 FOG Disc6arge Requtrements.
13.66.040 Prohibitions.
13.66.050 FOG Discharge Prohibited.
13.66.060 Best Management Practices (BMP)Requirements.
13.66.070 FOG Pre-Treatment Reqnirements.
13.66.080 Conditional Waiver of Grease Interceptor Requirements.
13.66.090 Grease Disposal Mirigation Fee.
13.66.100 Sewer System Overflows,Public Nuisance,Abatement
Orders and Cleanup Costs.
13.66.110 FOG Discharge Permit Required.
13.66.120 FOG Discharge Permit Application.
13.66.130 FOG Discharge Permit Conditions.
13.66.140 FOG Discharge Permit Fee.
13.66.150 FOG Discharge Permit Modification of Terms and Conditions.
13.66.160 FOG Discharge Permit Duration and Renewal.
13.66.1 0 Non-Transferability of Permits.
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13.66.180 Drawing Submittal Reqairements.
13.66.190 Grease Interceptor Requirements.
13.66.200 Grease Trap Requirements.
13.66.210 MonitorLtg Fscilities Reqairements.
13.66.220 Requirements for Best Management Practices
13.66.230 Grease Interceptor Maintenance Requirements.
13.66.240 Monitoring and Reporting Conditlons.
13.66.250 InspeMion aad Sampling Conditions.
13.66.260 Right of Entry.
13.66.270 No cation of Spill.
13.66.280 Enforcement.
13.66.290 Permit Suspension.
13.66.300 Damage to Facilities or Interruption of Normal Operations.
13.66.310 Emergency Suspension Order.
13.66.320 Civil Penalties.
13.66.330 Criminal Penalties.
13.66.340 Payment of Charges.
13.66.350 I nancial Security/Amendments to Permit
13.66.360 California Building Standards Law ndings.
13.66.10 Purpose and Policy.
A. The putpose of this Chapter is to enhance beneficial public use of the City's sewer
facilities, prevent blockages of sewer lines resulting &om discharges of fats, oils and
grease and other constituents (FOG) to the sewer facilities and to specify appropriate
FOG discharge requirements for Food Service Establishments(FSEs).
B. 1'he provisions of this Chapter shall apply to the direct or indirect dischazge of all
FOG carried to the sewer facilities of the City.
C. This Chapter is established to comply with Federal, State, and local regulations
and standards relating to FOG discharges to the sewer facilities.
D. This Chapter establishes quantity and quality standazds on all wastewater and/or
waste discharges containing FOG,which may cause or contribute to the occurrence of
sanitazy sewer services overflows (SSOs).
13.66.020 Defmitions.
A. Unless othenvise defined herein, terms related to water quality shall be as adopted
in the latest edition of Standazd Methods for Examination of Water and Wastewater,
published by the American Public Health Association, the American Water Works
Association and the Water Environment Federation. The testing procedures for waste
constituents and characteristics shall be as provided in 40 Code of Federal Regulations
136.
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B. Other terms not defined shall be defined as they aze in the latest adopted
applicable edirions of the California Codes applicable to building construction.
C. Subject to the foregoing provisions, the following definitions sha11 apply in this
Ordinance:
Best Management Schedules of activities, prohibirions of practices, maintenance
Practices (BMP) procedures and other management practices to prevent or
reduce the introduction of FOG to the sewer faciliries.
Change in Operations Any change in the ownership, food types, or operational
procedures that have the potential to increase the amount of
FOG dischazged by FSEs in an amount that creates a potential
for SSOs to occw.
City Manager The City Manager of the City of Orange or his or her designee.
Composite Sample A collection of individual samples obtained at selected
intervals based on an increment of either flow or time. The
resulting mixture (composite sample) forms a representative
sample of the wastestream discharged during the sample
period. Samples will be collected when a wastewater
dischazge occurs.
Discharger Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer.
Efitnent Any liquid outflow from the Food Service Establishment that
is dischazged to the sewer.
Fats,Oils, and Grease Any substance such as a vegetable or animal product that is
FOG' used in, or is a by product of, the cooking or food preparation
process, and that tiuns or may turn viscous or solidifies with a
change in temperature or other conditions.
FOG Control The FOG Control Program required by and developed pursuant
Program to RWQCB Order No. R8-2002-0014, Section(c)(12)(viii).
FOG Control The individual designated by the City to administer the FOG
Program Manager Control Program.
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FOG Discharge A permit issued by the City subject to the requirements and
Permit or Permit conditions established by the City authorizing the Pernrittee or
discharger to discharge wastewater into the City's facilities or
into sewer faciliries which ultimately dischazge into a City
facility.
Food Grinder Any device installed in the plumbing or sewage system for the
piupose of grinding food waste or food prepazation.
Food Service Facilities defined in California Uniform Retail Food Service
Establis6ments Establishments Law (CURFFL) Section 113785, and anyFSEs) commercial entity within the boundaries of the City, operating
in a permanently constructed structure such as a room,
building, or place, or portion thereof, maintained, used, or
operated for the purpose of storing, preparing, serving, or
manufacturing, packaging, or otherwise handling food for sale
to other entities, or for consumption by the public, its members
or employees, and which has any process or device that uses or
produces FOG, or grease vapors, steam, fiunes, smoke or odors
that aze required to be removed by a Type I or Type II hood, as
defined in CURFFL Section 113785. A limited food
preparatioa establishment is not considered a Food Service
Establishment when engaged only in reheating, hot holding or
assembly of ready to eat food products and as a result, there is
no wastewater discharge containing a significant amount of
FOG. A limited food. prepazation establishment does not
include any operation that changes the form, flavor, or
consistency of food.
Grease Control Any grease interceptor, grease trap or other mechanism,
Device device, or process, which attaches to, or is applied to,
wastewater plumbing fixtures and lines, the purpose of which
is to trap or collect or treat FOG prior to it being discharged
into the sewer system. Grease control device may also include
any other proven method to reduce FOG subject to the
approval of the City.
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Grease Disposat A fee charged to an Owner/Operator of FSEs when there are
Mitigatlon Fee physical limitaYions to the pmperty that make the installarion of
the usual and customary grease interceptor or grease control
device for FSEs under consideration, impossible or
impracticable. The Grease Disposal Mitigation Fee is intended
to cover the costs of increased maintenance of the sewer
system for inspecrion and cleaning of FOG and other viscous
or solidifying agents that a properly employed grease control
device would otherwise prevent from entering the sewer
system.
Grease Interceptor A multi-compaztment device that is constructed in different
sizes and is generally required to be located, according to the
California Plumbing Code, underground between FSEs and the
connection to the sewer system. These devices must be
cleaned, maintained, and have the FOG removed and disposed
of in a pmper manner on regulaz intervals to be effective.
Grease Trap A grease control device that is used to serve individual fixtures
and have limited effect and should only be used in those cases
where the use of a grease interceptor or other gease control
device is determined to be impossible or impracticable.
Grab Sample A sample taken from a waste stream on a one-time basis
without regard to the flow in the waste stream and without
considerarion of time.
Hot Spots Areas in sewer lines that have experienced sanitary sewer
overflows or that must be cleaned or maintained frequently to
avoid blockages of sewer system.
Iafiltratlon Water entering a sewer system, including sewer service
connections, from the ground through such means as defective
pipes,pipe joints, connections, or manhole walls.
Inflow Water entering a sewer system through a direct stormwater
runoff connection to the sanitary sewer, which may cause an
almost immediate increase in wastewater flows.
Interceptor A greaseinterceptor.
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Interterence Any discharge which, alone or in conjunction with dischazges
from other sources, inhibits or disrupts the City's sewer
system, treahnent processes or operadons; or is a cause of
violation of the City's NPDES or Dischazge Requirements or
prevents lawful sludge use or disposal.
Local Sewering Any public agency or private entity responsible for the
Agency collection and disposal of wastewater to the City's sewer
facilides duly authorized under the laws of the State of
California to construct and/or maintain public sewers.
Manifest That receipt which is retained by the generator of wastes for
disposing recyclable wastes or liquid wastes as required by the
City.
NPDES The Narional Pollutant Dischazge Elimination System; the
pernut issued to control the dischazge of liquids or other
substances to surface waters ofthe United States as detailed in
Public Law 92-500, Secrion 402.
New Construction Any shucture planned or under construcrion for which a sewer
connection pemvt has not been issued.
Permittee A person who has received a permit to dischazge wastewater
into the City's sewer facilities subject to the requirements and
condirions established by the City.
Person Any individual, partnership, firm, association, corporation or
public agency, including the State of California and the United
States ofAmerica.
Pablic Sewer A sewer owned and operated by the City, or other local Public
Agency,which is tributary to the City's sewer facilities.
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Regalatory Agencies Regulator}t Agencies shall mean those agencies having
regulatory jurisdiction over the operations of the City,
including,but not limited to:
a) United States Environmental Pmtection Agency,
Region IX, San Francisco and Washington, DC
EPA).
b) Califomia State Water Resources Control Boazd
SWRCB).
c) California Regional Water Quality Control Boazd,
Santa Ana Region(RWQCB).
d) South Coast Air Quality Management Division
SCAQMD).
e) California Department of Health Services (DOHS).
Remodeling A physical change or operational change causing generation of
the amount of FOG that exceeds the current aznount of FOG
dischazge to the sewer system by the Food Service
Establishment in an amount that alone or collecrively causes or
create a potential for SSOs to occur; or exceeding a cost of
50,000 to FSEs that requires a building pemut, and involves
any one or combination of the following: (1) Under slab
plumbing in the food processing azea, (2) a 30% increase in the
net public seating azea, (3) a 30% increase in the size of the
kitchen azea, or (4) any change in the size or type of food
prepazation equipment.
Sample Point A location appmved by the City, from which wastewater can
be collected that is representarive in content and consistency of
the enrire flow of wastewater being sampled.
Sampling Facilities Structure(s) provided at the user's expense for the City or user
to measure and record wastewater constituent mass,
concentrations, collect a representative sample, or provide
access to plug or ternunate the discharge.
Sewer Facitities or Any and all facilities used for collecting, conveying, pumping,
System treating, and disposing of wastewater and sludge.
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Sindge Any solid, semi-solid or liquid decant, subnate or supemate
from a manufacturing process, utility service, or pretreatment
facility.
Waste Sewage and any and all other waste substances, liquid, solid,
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human or animal nature, including such wastes placed within
containers of whatever nahue prior to and for the purpose of
disposal.
Wastc Minimization Plans or programs intended to reduce or eliminate dischazges to
Practices the sewer system or to conserve water, including, but not
limited to, product substitutions, housekeeping pracrices,
inventory control, employee education, and other steps as
necessary to minimize wastewater produced.
Wastehauler Any person cazrying on or engaging in vehicular transport of
waste as part of,or incidental to, any business for that purpose.
Wastewater The liquid and water-carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged
into or pernritted to enter a public sewer.
D. Words used in this Chapter in the singulaz may include the plural and the plural
the singulaz. Use of masculine shall mean feminine and use of feminine shall mean
masculine.
13.66.030 FOG Discharge Requirements.
No FSE shall discharge or cause to be dischazged into the sewer system FOG that
exceeds a concentration level adopted by the City Council or that may accumulate, cause or
contribute to SSOs or blockages in the sewer system or at the sewer lateral.
13.66.40 ProhibiNons.
The following prohibirions shall apply to all FSEs:
A. Installation of food grinders in the plumbing system of any new construction.
Furthermore, all food grinders shall be removed from all existing FSEs within 180 days
of the ef'ective date of this Ordinance, except when expressly allowed by the FOG
Control Program Manager.
B. Introduction of any additives into a FSEs' wastewater system for the purpose of
emulsifying FOG, unless a specific written authorization from the FOG Control Program
Manager is obtained.
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C. Disposal of waste cooldng oil into drainage pipes. All waste cooking oils 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 or greaseinterceptor.
E. Dischazge of wastewater with temperatures in excess of 140°F to any grease
control device, including grease traps and grease interceptors.
F. The use of biological additives for grease remediation or as a supplement to
interceptor maintenance, without prior authorization from the FOG Control Program
Manager.
G. Dischazge of wastes from toilets, urinals, wash basins, and other fixtures
containing fecal materials to sewer lines with grease interceptor service.
H. I?ischazge of any waste including FOG and solid materials removed from the
grease control device to the sewer system. Grease removed from grease interceptors shall
be wastehauled periodically as part of the operation and maintenance requirements for
grease interceptors.
13.66.050 FOG Wastewater Discharge Prohibited.
No person shall dischazge, or cause to be discharged any wastewater from a FSE directly
or indirectly into the sewer system without first obtaining a FOG Wastewater Dischazge Permit
pursuant to this Ordinance by January 1, 2005.
13.66.060 Best Management Practices (BMP)Requirements.
All Food Services Establishments shall implement Best Management Practices in their
operation to minimize the dischazge of FOG to the sewer system. Detailed requirements for Best
Management Pracrices shall be specified in the permit.
13.66.070 FOG Pre-Treatment Requirements.
Unless granted a conditional waiver, FSEs aze required to install, operate and maintain an
approved type and adequately sized grease interceptor necessary to maintain compliance with the
objectives of this Chapter. The grease interceptor shall be adequate to sepazate and remove FOG
contained in wastewater dischazges from FSEs prior to dischazge to the sewer system. Fixtures,
equipment, and drain lines located in the food preparation and clean up azeas of FSEs that are
sources of FOG discharges shall be connected to the grease interceptor. Compliance shall be
established as follows:
A. New Construction of FSEs
New construction of FSEs shall install grease interceptors prior to commencing
discharges of wastewater to the sewer system.
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B. Existin SEsII
1. For existing FSEs, the requirement to install and to pmperly operate and
i maintain a grease interceptor may be condirionally waived by the FOG
Control Program Manager. Terms and conditions for application of a stay
to a FSE shall be set forth in the permit.
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i 2.Existing FSEs that have reasonable potential to adversely unpact the sewer
system or have sewer laterals connected to hot spots, as determined by the
FOG Control Program Manager, shall install grease interceptors within
i 180 days of the effective date of this Ordinance.
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3. Existing FSEs undergoing Remodeling or a Change in Operations as
defined in Section 13.66.020 of this Chapter sha11 be required to install a
grease interceptor.
13.66.080 Conditlonal Waiver of Grease Interceptor Requirements.
A. Conditional Waiver from Grease Intercentor Reauirements
A condirional waiver from the grease interceptor requirements to allow alternative
pretreatment technology that is, at least, equally ef'ective in controlling the FOG
discharge in lieu of a grease interceptor may be granted to FSEs. The FOG Control
Program Manager's determination to grant a conditional waiver will be based upon, but
not limited to, evaluation of the following conditions:
1. The FSE can substantively demonstrate that the alternarive pretreahnent
technology is equivalent or better than a grease interceptor in controlling
its FOG dischazge. In addition, the FSE must be abie to demonstrate, after
installation of the proposed alternative pretreatment, its effecriveness to
control FOG dischazge through downstream visual monitoring of the
sewer system, for at least three months, at its own expense. A conditional
j waiver may be granted if the results show no visible accumularion of FOG
in its lateral and/or tributary downstream sewer lines.
2. The potenrial for FOG from the FSEs to cause or contribute to SSOs or
j have negligible FOG dischazge and insignificant impact to the sewer
system.
FOG Control Program Manager's determination to revoke a condirional waiver
shall be based upon,but not limited to, evaluation of the following conditions:
1.Quantity of FOG dischazge as measured or as indicated by the size of
FSEs based on seating capacity, number of ineals served, menu, water
usage, amount of on-site consumption of prepazed food and other
conditions that may reasonably be shown to contribute to FOG discharges.
2. Adequacy of implementation of BMP and compliance history.
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3.Sewer size, grade, condirion based on visual information, FOG deposition
in the sewer by the FSEs, and history of maintenance and sewage spills in
the receiving sewer system.
4.Changes in operations that significantiy af'ect FOG dischazge.
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5.Any other condition deemed reasonably related to the generation of FOG
dischazges by the FOG Controi Program Manager.
C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation
Fee
For FSEs where the installation of grease interceptor is not feasible and no
equivalent alternative pretreatment can be installed, a waiver from the grease interceptor
requirement may be granted with the payment of a Grease Disposal Mitigation Fee as
described in Section 13.66.090. The FOG Control Pmgram Manager's determination to
grant the waiver with a Grease Disposal Mitigation Fee will be based upon, but not
limited to, evaluation of the following conditions:
1.Whether there is adequate space for installation and/or maintenance of a
grease interceptor.
2.Whether there is adequate slope for gravity flow between kitchen
plumbing fixtures and the grease interceptor and/or between the grease
interceptor and the private collection lines or the public sewer.
3. A conditional waiver from grease interceptor installation to allow
alternarive pretreahnent technology cannot be granted.
D. A nlicarion for Waiver of Reauirement for Grease Interceator
A FSE may submit an application for waiver from the grease interceptor
requirement to the FOG Control Program Manager. The FSE beaz the burden of
demonstrating, to the FOG Control Program Manager's reasonable satisfacrion, that the
installation of a grease interceptor is not feasible or applicable. Upon determination by
the FOG Control Program Manager that reasons are sufficient to justify a waiver, the
permit will be issued or revised to include the waiver and relieve the FSE from the
requirement. Terms and conditions for issuance of a waiver to FSEs shall be set forth in
the pernut.
E. Term of Conditional Waiver
A condi6onal waiver shall have a maximum term of four years and a new
application must be submitted at least 60 days prior to its expiration. Notwithstanding
the foregoing, a waiver may be revoked at any time when any of the terms and conditions
for its issuance are not sarisfied or if the conditions upon which the waiver was based
change so that the justificarion for the waiver no longer exists.
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I 13.66.090 Grease Disposal MitigsHon Fee.
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FSEs that operate without a grease control interceptor may be required to pay an annual
Grease Disposal Mitigation Fee to equitably cover the costs of increased maintenance of the
sewer system as a result of the FSE's inability to adequately remove FOG from its wastewater
discharge. This Section shall not be interpreted to allow the new construction of, or existing
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FSEs undergoing Remodeling or Change in Opera6ons to operate without an approved grease
1 interceptor unless the City has determined that it is impossible or impracticable to install or
operate a grease control interceptor for the subject facility under the provisions of this Chapter.
A. The Grease Disposal Mitigarion Fee shall be established by resolution of the City
Council and shall be based on the estimated annual increased cost of maintaining the
sewer system for inspection and removal of FOG and other viscous or solidifying agents
attributable to the FSE resulring from the lack of a grease interceptor or gease control
device.
B. The Grease Disposal Mirigation Fee may be waived or reduced on a no less than
an annual basis when the dischazger demonstrates to the reasonable satisfaction of the
FOG Control Pivgram Manager that it has used best management and waste
minimization practices on a regulaz basis that has significantly reduced the introduction
of FOG into the sewer system.
C. The Grease Disposal Mirigation Fee may not be waived or reduced when the
Food Service Establislunent does not comply with the minimum requirements of this
Ordinance and/or its discharge into the sewer system in the preceding 12 months has
caused or potenrially caused or contributed alone or collectively, in sewer blockage or
SSOs in the sewer downstream, or surrounding the FSE prior to the waiver request.
13.66.100 Sewer System Overflows (SSOs), Public Naisance, Abatement Orders and
Cleanup Costs.
Notwithstanding time limits provide for in this Chapter, FSEs found to have contributed
to a sewer blockage or SSOs resulting from the discharge of wastewater or waste containing
FOG, may be ordered to inst8112nd maintain a grease interceptor, and may be subject to a plan to
abate the nuisance and prevef f any future health hazazds created by sewer line failures and
blockages, SSOs or any other sewer system interfetences. SSOs may cause injury to the public
health, safety, and welfaze of life and property and aze hereby declazed public nuisances.
Furthermore, sewer lateral failures and SSOs caused by FSEs alone or collectively, aze thei
responsibility of the private property owner or FSE. If the City must contain and clean up an
SSOs caused by blockage of a private or public sewer lateral or system serving a FSE, or at the
request of the property owner or operator of the FSE, or because of the failure of the property
owner or FSE to abate the condition causing immediate threat of injury to the health, safety,I
i -welfaze, or property of the public, the City's costs for such abatement shall be bome by the
property owner or operator of the FSE, and individual(s) as a responsible officer or owner of the
FSE (s) and shall consritute a debt to the City and become due and payable upon the City's
request for reimbursement of such costs.
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13.66.110 FOG Discharge Permit Required
A FSEs proposing to dischazge or currently dischazging FOG into the City's sewer
system shall obtain a FOG Dischazge Permit from the City. A FSE shall obtain a FOG
Dischazge Pernrit whenever it applies to renew or be issued a new business license. All
FSEs shall have a FOG Dischazger Pemut within 13 months of the effective date of tlris
Chapter.
B. FOG Discharge Permits shall be expressly subject to ali pmvisions of tlris Chapter
and all other regulations, chazges for use, and fees established by the City. The
conditions of FOG Dischazge Permits shall be enforced by the City in accordance with
this Chapter and applicable State and Federal Regulations.
13.66.120 FOG Discharge Permit Application.
A. Any person required to obtain a FOG Dischazge Pemut shall complete and file
with the City prior to commencing dischazges, an applicarion in a form prescribed by the
City. The applicabie fees shall accompany this application. The applicant shall submit,
in units and terms appropriate for evaluation,the following information at a minimum:
1. Name, address, telephone number, assessor's parcel number(s),
descriprion of the FSE, operation, cuisine, service activities, or clients
using the applicanYs services.
2. Name, address of any and ali principals/owners/major shazeholders of the
FSE; Articles of Incorporarion; most recent Report of the Secretary of
State; Business License.
3. Name and addreas of pmperty owner or lessor and the property manager
where the FSE is located.
4. Any offier information as speci8ed in the application form.
B. Applicants may be required to submit site plans, floor plans, mechanical and
plumbing plans, and details to show all sewers, FOG control device, grease interceptor or
other pretreahnent equipment and appurtenances by size, location, and elevation for
evaluation.
C. Other information related to the applicant's business operations and potential
discharge may be requested to properly evaluate the pernut application.
D. After evaluation of the data fiunished, the City may issue a FOG Wastewater
Discharge Permit, subject to terms and conditions set forth in this Ordinance and as
otherwise determined by the FOG Control Program Manager to be appropriate to protect
the City's sewer system.
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13.66.130 FOG Discharge Permit CondiHons.
i The issuance of a FOG Dischazge Permit may contain any of the following conditions or
limits:
A. Limits on dischazge of FOG and other priority pollutaats.
B. Requirements for proper operation and maintenance of grease interceptors and
other grease control devices.
C. Grease interceptor maintenance frequency and schedule.
D. Requirements for implementation of BMP and installation of adequate grease
interceptor and/or grease control device.
E. Requirements for maintaining and reporting status of BMP.
F. Requirements for maintaining and submitting logs and records, including
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wastehauling records and waste manifests.
iG. Requirements to self-monitor.
H. Requirements for FSEs to construct, operate and maintain, at its own expense,
FOG control device and sampling facilities.
I.Additional requirements as otherwise determined to be reasonably appropriate by
the FOG Control Program Manager to protect the City's system or as specified by other
Regulatory Agencies.
J.Other terms and condirions, which may be reasonably applicable to ensure
compliance with this Chapter.
13.66.140 FOG Discharge Permit Fee.
The FOG Dischazge Permit fee shall be paid by the applicant in an amount adopted by
resoluUon of the City Council. Payment of permit fees must be received by the City prior to
issuance of either a new permit or a renewed permit. A Permittee shall also pay any delinquent
invoices in full prior to pemrit renewal.
13.66.150 FOG Discharge Permit Modificarion of Terms and Conditions.
A. The terms and condirions of a FOG Discharge Permit may be subject to
modification and change by the FOG Control Pmgram Manager during the life of the
pernut based on:
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1.The dischazger's current or anticipated operating data;
2.The City's current or anticipated operating data; .
3.Changes in the requirements of Regulatory Agencies which affect the
City; or
4. A determination by the FOG Control Program Manager that such
modification is appropriate to further the objecdves of this Chapter.
B. The Permittee may request a modification to the terms and conditions of a pernut.
The request shall be in wriring stating the requested change and the reasons for the
change. The FOG Control Progam Manager sha11 review the request, make a
determination on the request, and respond in writing.
C. 'I'he Permittee shall be informed of any change in the permit limits, condirions, or
requirements at least forty-five (45) days prior to the effective date of change. Any
changes or new condirions in the pernut shall include a reasonable time schedule for
compliance.
13.66.160 FOG Discharge Permit Duration and Renewal.
FOG Dischazge Permits sha11 be issued for a period not to exceed four (4) years. Upon
expirarion of the permit, the dischazger shali apply for renewal of the permit in accordance with
the provisions of this Chapter.
A limited food prepazation establishment is not considered an FSLs and is exempt from
obtaining a FOG Dischazge Permit. A limited food service establishment is one engaged only in
reheating, hot holding or assembly of ready to eat food products and as a result, there is no
wastewater discharge containing significant amount of FOG. A limited food preparation
establishment does not include any operation that changes the form, flavor, or consistency of
food.
13.66.170 Non-Transferability of Permits.
FOG Discharge Pemuts issued under this Chapter aze for a specific FSE, for a specific
operation and create no vested rights.
A. No permit holder shall assign, transfer, sell any FOG Dischazge Permit issued
under this Chapter nor use any such permit for or on any premises, facilities, operations
or dischazges not expressly encompassed within such permit.
B. Any permit which is transferred to a new owner or operator or to a new facility is
void.
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I
13.66.180 Drawing Submittal Requirements.
Upon request by the City:
A. FSEs may be required to submit facility site plans, mechanical and plumbing
C ' plans, and other details to show all sewer locations and connections. The submittal shall
be in a form and content acceptable to the City for review of an exisUng or pmposed
igrease control device, grease interceptor, monitoring facilities, metering facilities, and
operating procedures. The review of the plans and pmcedures shall in no way relieve an
FSE of the responsibility of modifying the facilities or procedures in the future, as
necessary, to meet the requirements of this Chapter or any requirements of other
Regulatory Agencies.
B. The City may require drawings to be prepazed by a Califomia Registered Civil,
Chemical,Mechanical, or Electrical Engineer.
13.66.190 Grease Interceptor Requirements.
A. All FSEs shall meet the requirements and standards established herein before
discharging to any public sewer. Any FSEs required to pre-treat wastewater shall install,
operate, and maintain an approved type and adequately sized grease interceptor n essary
to comply with this Chapter.
I
B. Grease interceptor sizing and installation shall conform to the current edirion of
the Uniform Plumbing Code. Grease interceptors shall be constructed in accordance with
the design approved by the FOG Control Program Manager and shall have a minimum of
two compartments with fittings designed for grease retention.
C. The grease interceptor shall be installed at a locarion where it sha11 be at all times
easily accessible for inspection, cleaning, and removal of accutnulated grease.
D. Access manholes, with a minimum diameter of 24 inches, sha11 be provided over
each grease interceptor chamber and sanitary tee. The access manholes shall extend at
least to finished grade and be designed and maintained to prevent water inflow or
infiltration. The manholes shall also haue readily removable covers to facilitate
inspection, grease removal, and wastewater sampling activities.
13.66.200 Grease Trap Requirements.
A. FSEs may be required to install gease traps in the waste line leading from drains,
sink, and other Sxtures or equipment where grease may be inhoduced into the sewer
system in quantiries that can cause blockage.
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w _„ ,
B. Sizing and installation of grease traps shall conform to the current edition of the
Califomia Plumbing Code, as adopted and amended by the City (California PlumbingCode).
C. Grease traps shall be maintained in•efiicient operating conditions by removingaccumulatedgreaseonadailybasis.
D. Grease traps shall be maintained free of all food residues and any FOG waste
removed during the cleaning and scraping process.
E. Grease traps shall be inspected periodically to check for leaking seams and pipes,
and for effecrive operation of the baffles and flow regulating device. Grease traps and
their baffles sha11 be maintained free of all caked-on FOG and waste. Removable baffles
shall be removed and cleaned during the maintenance process.
F. Dishwashers and food waste disposal units shall not be connected to or discharged
into any grease hap.
13.66.210 Monitoring Facilities Requirements.
A. The City may require a FSE to construct and maintain in proper operating
condition at an FSE's sole expense, flow monitoring, constituent monitoring and/or
sampling facilities.
B. The location of the monitoring or metering facilities shall be subject to approval
by the FOG Control Program Manager.
C. FSEs shall during regular ,business hours, provide immediate and safe access to
the FOG Control Progam Manager or inspectors to the FSEs' monitoring and meteringfacilities.
D. FSEs skiall, upon request, submit to the FOG Control Program Manager waste
analysis plans, contingency plans, and other necessary information to verify they are incompliancewiththisChapter.
E. No FSEs shall increase the use of water or in any other manner attempt to dilute a
discharge as a way of achieving compliance with Uus Chapter or their FOG Wastewater i
Dischazge Permit.
13.66.220 Requirements for Best Management Practices(BMP)
A. All FSEs shail implement BMP in accordance with the requirements and
guidelines established by the City under its FOG Control Program in an effort to
y
minimize the dischazge of FOG to the sewer system.
B. All FSEs shall be required, at a minimum, to comply with the following BMP,when applicable:
k
18
r
1. Drain screens shall be installed on all drainage pipes in food preparation
areas.
2.All waste cooking oil shall be collected and stored properly in recycling
receptacles such as bazrels or drums. Such recycling receptacles shall be
maintained properly to ensure that they do not leak. Licensed
wastehaulers or an approved recycling facility must be used to dispose of
jwaste cooking oil.
3. All food waste shall be disposed of directly into the trash or gazbage, and
not in sinks.
4. Employees of the FSEs shall be trained within 180 days of the effecrive
date of this Chapter and twice each calendaz yeaz thereafter in the
i following areas:
a) How to dry wipe pots, pans, dishware and work azeas before
washing to remove grease.
b) How to properly dispose of food waste and solids in enclosed
plastic bags prior to disposal in trash bins or containers to prevent
leaking and odors.
c) The location and use of absorption products to clean under fiyer
baskets and other locarions where grease may be spilled.
d) How to properly dispose of grease or oils from cooking equipment
into a grease receptacle such as a barrel or drum.i
i
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 review at any reasonable time by the FOG Control
Program Manager or an inspector.
5. Filters shall be cleaned as frequently as necessary to be maintained in
good operating condition. The wastewater generated from cleaning the
exhaust filter shall be disposed properly.
6. BMP shall be posted conspicuously in the food preparation and
dishwashing areas at all times.
13.66.230 Grease Interceptor Maintenance Requirements.
A. Grease Interceptors shall be maintained in efficient operating condirion by
periodic removal of their full content, including wastewater, FOG, floating materials,
sludge and solids.
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B. No FOG that has accumulated in a grease interceptor shall be allowed to pass into
any sewer lateral, sewer system, storm drain, or public right of way during maintenance
activities.
C. FSEs with grease interceptors may be required to submit data and information
necessary to establish the maintenance frequency grease interceptors.
D. The maintenance frequency for all FSEs with a grease interceptor shall be
determined in one of the following methods:
1.Grease interceptors shall be fully pumped out and cleaned at a frequency
such that the combined FOG and solids accumulation does not exceed
25% of the total liquid depth of the grease interceptor. This is to ensure
that the minunum hydraulic retention time and required available volume
is maintained to efl'ecdvely intercept and retain FOG.
2. All FSEs with a Grease Interceptor shall maintain their grease interceptor
not less than every 6 months.
3.The City may mandate periodic cleaning if it finds that a FSE is not
maintaining a grease interceptor in a manner in compliance with D.1.
above. The maintenance frequency may be adjusted when sufficient data
have been obtained to establish an average frequency that will ensure
compliance with D.1. above. Based on the actual generation of FOG from
a FSE, the maintenance frequency may increase or decrease.
4. A FSE may submit a request to the FOG Control Program Manager
requesting a change in the maintenance frequency at any time. The FSE
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 reqvirements described in D.1.
above and that it is in full compliance with the conditions of its permit and
this Chapter. Upon determination by the FOG Control Pmgram Manager
that the requested revision is jusrified, the permit shall be revised
accordingly to reflect the change in maintenance frequency.
5. If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in D.1. above
the FSE shall be required to have the grease interceptor serviced
immediately such that all FOG, sludge, and other materials aze completely
removed from the grease interceptor.
13.66.240 Monitoring and Reporting Conditions.
A. Monitorine for Comnliance with Permit Conditions and Reporting Requirements
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1. The FOG Control Program Manager may require periodic reporting of the
status of implementation of BMP, in accordance with the FOG Control
Program.
2.The FOG Control Prograzn Manager may require visual monitoring at the
sole expense of the Pernuttee to observe the actual conditions of the FSEs'
sewer lateral and sewer lines downstream.
3. The FOG Control Progam Manager may require reports for
self-monitoring of wastewater constituents and FOG chazacteristics of the
Pemvttee needed for determining compliance with any condirions or
requirements as specified in the FOG Dischazge Pernvt or this Chapter.
Monitoring reports of the analyses of wastewater constituents and FOG
characteristics sha11 be in a manner and form approved by the FOG
Control Pmgram Manager. Failure by the Permittee to perform any
required monitoring, or to submit monitoring reports required by the FOG
Control Program Manager constitutes a violarion of this Chapter. The
Permittee shall be responsible for any and all expenses of the City in
undertaking such monitoring analyses and prepazation of reports required
of Permittee..
B. Record Keepin equirements. The Permittee shall be required to keep all
manifests, receipts and invoices of a11 cleaning, maintenance, grease removal of/from the
grease control device, disposal carrier and disposal site location for no less than two
years. The Permittee shall, upon request, make the manifests, receipts and invoices
available to any City representative, or inspector. These records may include:
1. A logbook of grease interceptor, grease trap or grease control device
cleaning and maintenance practices.
2. A record of BMP being implemented including employee training.
3.Copies of records and manifests of wastehauling interceptor contents.
4. Records of sampling data and sludge height monitoring for FOG and
solids accumulation in the grease interceptors.
5. Any other information deemed appropriate by the FOG Control Program
Manager to ensure compliance with this Ordinance.
r C. Falsifvin¢ Informarion or Tampering with Process. It shall be unlawful to make
any false statement, representation, record, report, plan or other document that is filed
with the City, or to tamper with or lrnowingly render inoperable any grease control
device,monitoring device or method or access point required under this Chapter.
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13.66.250 InspecHon and Sampling Conditlons.
A. The FOG Control Program Manager may inspect or order the inspection and
sam ling of wastewater discharges of any FSE to ascertain compliance with this Chapter.
The FSE sha11 a11ow the City access to its premises, during normai business hours, for
purposes of inspecting the FSE's grease control devices, BMP implementation,reviewing
the manifests, receipts and other records required by this Chapter.
B. 'The FOG Control Pmgam Manager shall have the right to place or order the
placement on the FSE's property or other reasonable locarions as determined by the FOG
Coniml Program Manager, such devices as are necessary to conduct sampling or
metering operations.
13.66.260 Right of Entry.
Persons on premises where wastewater is created or dischazged shall allow the FOG
Control Program Manager or inspector, reasonable and safe access in order to cazry out
inspecrions authorized by this Chapter. No person shall interfere with, delay, resist or refuse
entrance to the FOG Control Pmgram Manager or inspector attempting to inspect any facility
involved d'uectly or indirectly with a dischazge of wastewater to the City's sewer system.
13.66.270 Notitication of Spill.
A. In the event a Pernuttee is unable to comply with any permit condition due to a
breaXcdown of equipment, accidents, or human eaor or the Permittee has reasonable belief
that its FSE's dischazge will violate its FOG Dischazge Permit or this Chapter, the
Perniittee or Permittee's representative shall immediately notify the City by telephone at
the number specified in the Fog Discharge Permit. If the material dischazged has the
potential to cause or result in sewer blockages or SSOs, the Permittee shall immediately
notiiy the County Health Department and the FOG Control Program Manager.
B. Confirmation of this notificarion shall be made in writing to the FOG Control
Prog,ram Manager at the address specified in the Permit no later than five (5) working
days from the date of the incident. The written notification shall state the date of the
incident, the reasons for the dischazge or spill, what steps were taken to immediately
coaect the problem, and what steps aze being taken to prevtnt a recurrence.
C. Such notification shall not relieve the Pernuttee of any expense, loss, damage or
other liability that may be incurred as a result of damage or otherwise arising out of a
violaition of this Chapter or other appTicable law.
13.66.280 Enforcement.
A. The City Council finds that in order for the City to comply with the laws,
regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the
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i City's sewer faciliries aze protected and aze able to operate with the krighest degree of
efficiency, and to protect the public health and environment, specific enforcement
provisions must be adopted to govem the dischazges to the City's system by FSEs.
13.66.290 Permit Suspension.
A. The dischazge of wastewater in a manner that is in violation of this Chapter isI
hereby declazed a public nuisance and may be abated in the manner provided in Chapter
8.04 of the Orange Municipal Code; provided that the City sha11 not, as provided in
Section 8.04.030,be limited to those abatement procedures set forth in Chapter 8.04. The
Mana er shall take the lace of the Chief Building Official inFOGControiProPgt'am B
making the determinations called for in Chapter 8.04. The abatement of illegal
dischazges of wastewater under this Chapter, which may take the form of a terminarion of
service, peimit suspension, permit revocation or other action, may arise out of any
violarion of this Chapter, including, but not limited to, a determination by the FOG
Control Program Manager that a Permittee:
1. Knowingly provided a false statement, representation, record, report, or
other document to the City.
2. Refused to provide records, reports, plans, or other documents required by
this Chapter.
3. Falsified, tampered with, or lmowingly rendered inaccurate any
monitoring device or sample collection method.
4. Refused reasonable access to the FSE premises for reasons set forth in this
Chapter.
5. Failed to make timely payment of all amounts owed to the City for user
charges,permit fees,or any other fees imposed by this Chapter.
6.Caused SSOs or interference or sewer blockages with the City's sewer
system..
7.Otherwise violated provisions of its FOG Discharge Permit or any
provision of this Chapter.
13.66.300 Damage to Facilities or Interruption of Normal Operatlons.
A. Any person who dischazges any waste which causes or contributes to any sewer9
blockage, SSOs, obstruction, interference, damage, or any other impairment to the
City's sewer facilities or to the operation of those facilities shall be liable for all
costs arising out of such dischazge, including cleaning, repairing or any damages.
The total amount shall be payable within forty-five (45) days of invoicing by the
City.
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13.66.310 Emergency Suspension Order.
A. The City may, by order of the City Manager, d'uect that a FSE immediately cease
and desist all dischazges into the City's sewer system when the City Manager determines
that .>uch suspension is necessary in order to stop an actual or impending dischazge which
presents a potential imminent or substantial threat to the public health and welfare or
which may cause SSOs, sewer blockages, or a violation of any State or Federal law or
regulation of the City. Any person nodfied such order shall immediately comply.
B. As soon as reasonably pracricable following the issuance of an Emergency
Suspension Order, but in no event more than five (5) business days following the
issuance of such order, the City Manager sha11 hold a hearing to provide the Pemuttee the
opportunity to present information and/or testimony in opposition to the issuance of the
Eme gency Suspension Order. Such a hearing shall not stay the effect of the Emergency
Suspension Order. T'he City Manager sha11 issue a written decision and order within
three (3) business days following the hearing, which decision shall be sent by first-class
and aertified mail to the Permittee. The decision of the City Manager following the
hearing shall be final and not appealable to the City Council.
13.66.320 Civll PenalHes.
A. All users of the City's system and facilities are subject to enforcement acrions
administrarively or judicially by the City, U.S. EPA, State of Califomia Regional Water
Quality Control Boazd, or the County of Orange. Said actions may be taken pursuant to
the authority and pmvisions of several laws, including but not limited to: (1) Federal
Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A.
Section 1251 et seq.); (2) Califomia Porter-Cologne Water Quality Control Act
Califomia Water Code Section 13000 et seq.); (3) Califomia Hazardous Waste Control
Law (Califomia Health & Safety Code Sections 25100 to 25250); (4) Resource
Conservation and Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5)
Califbmia Govemment Code, Sections 54739-54740.
B. In the event the City is subject to the payment of fines or penalties pursuant to the
legal authority and actions of other regulatory or enforcement agencies based on a
violation of law or regulation or its permits, and said violation can be established by the
City, as caused in whole or part by the dischazge of any user of the City's system which is
in violarion of any pmvision of this Chapter or the user's permit, the City shall be entitled
to re over from such dischazger all amibutable costs and expenses, including, but not
limit to,the full amount of said fines or penalries to which it has been subjected.
C. The City adopts by reference the pmvisions of Califomia Government Code
Sections 54740 — 54740.6 relating to the imposition of civil penalties and the filing of
superior court actions and administrative complaints. As is further set forth therein, any
persan who violates any provision of this Chapter or their permit can be subject to a fine
of$25,000 per day for each day of the violation upon the City petirioning the superior
24
court in accordance with Government Code Section 54740. Civil penalties attached to
the filing of an administrative complaint can range from $2,000-$5,000 per day as is
further set forth in Government Code Section 54'740.5.
D. After exhaustion of all administrative remedies and heazings provided in this
Chapter, any person may seek judicial review of any final administrarive decision of the
City pursuant to Govemment Code Secfion 54740.6.
13.66.330 Criminal Penalties.
A. Any person who violates any provision of Uus Chapter is guilty of a
misdemeanor, wluch upon conviction is punishable by a fine not to exceed$1,000.00, or
imprisonment for not more than 6 months, or both. Each violation and each day in which
a violation occurs may consritute a new and sepazate violation of this Chapter and shall
be subject to the penalties contained herein.
B. Prior to the filing of any misdemeanor chazge, the City sha11 issue a Norice of
Violarion and provide the Permittee or other person in violation a reasonable opportunity
to conect the violation or potenrial future violations to the satisfaction of the FOG
Control Program Manager. The requirement to issue a Notice of Violation does not
apply to situations in which a violation of this Chapter has resulted in a sewer blockage or
SSO, where such violation poses an imminent threat or when there has been a repeated
violarion by the Pemuttee. The FOG Control Program Manager may impose any
reasonable terms and conditions upon the Permittee as are necessary to correct the
violation, including, but not limited to, requirements for installation of a grease control
device and facilities, submittal of drawings or reports, audit of waste hauling records,
implementarion of BMP,payment of fees, etc.
C. If compliance is not achieved in accordance with the terms and conditions
imposed by the FOG Program Control Manager, the FOG Control Program Manager may
request prosecurion by the City Attomey's Office and take other steps to obtain
compliance as provided in this Chapter.
13.66.340 Payment of Charges.
A. Except as otherwise provided, all fees, chazges and penalties (hereafter, "charge
or chazges' established by this Chapter are due and payable upon receipt of notice
thereof. All such amounts aze delinquent if unpaid 45 days after date of invoice.
s B. Any chazge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. 46 days after date of invoice, a basic penalty of ten percent of the base
invoice amount,not to exceed$1,000; and
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2. A penalty of one and one-half percent per month of the base invoice
amount and basic penalty shall accrue &vm and after the 46th day after
date of invoice.
C. Any invoice unpaid after 75 days from the date of invoice shall be cause for
immediate iniriation of permit revocarion proceedings.
13.66.350 Appeals.
A. Except for penalties imposed under Sections 13.66320 and 13.66.330 of this
Chapzer, a Permittee may appeal the imposirion of any penalty or fee arising out of a
violation of ttus Chapter to the City Manager; provided that the appeal is filed with the
City Manager and such penalty or fee is paid prior to the time it becomes due. Failure to
do eilher results in a waiver of any administrative appeal rights. If the appeal is timely
filed and all penalties or fees are timely paid, no delinquent penaities shall accrue. The
City Manager shall hold a hearing as soon as practical at which the Pemvttee shall be
allow l to introduce evidence and call witnesses. If the appeal is successfui, the
applicable penalty or fee will be repaid to the Permittee without interest within 30 days of
the City Manager's decision.
13.66.350 Financial Security/Amendments to Permit
A. Securitv Deoosit. As a condition precedent to allowing any discharge into the
City's sewer system, the City may require a Permittee to make full payment of all fees
and cliarges assessed under this Chapter. In addidon, a Pernuttee may be required to
deposi:t an amount equal to twice the annual FOG Discharge Permit fee if such Permittee
has a history of one or more prior delinquencies. The City may use such deposit to pay
any future delinquent fees, chazges and penalities imposed on the Permittee.
B. Retum of Securitv. In the event the Permittee makes timely payment of all fees
and charges incutred for three (3) consecutive years, the City shali return the security
deposit, without interest, to the Permittee.
13.66.360 California Building Standards Law F'Indings.
Pursuant to the provisions of the California Building Standazds Law, California Health
and Safety Code §§ 18941.5, 17958, 17958.5 and 17958.7, the City Council hereby finds that the
amendments to the State Building Standards and Housing Laws, more pazticulazly the California
Plumbing Code, adopted herein are necessary because of climatic, geological or topograplrical
condidons of pmperty in the City's jurisdiction, and as more specifically described below.
A. Articles 2 and 4 modify the authority and discrerion of the "Administrative
Authorit}' of Section 1014.1 of the 2001 California Plumbing Code by requiring all
FSEs to install and operate a grease control device, which may be a grease interceptor or
gease trap, if no other device, mechanism, or process is found to successfully trap or
collect or treat FOG prior to it being dischazged into the sewer system.
26
B. Article 4 modifies the general maintenance requirements for grease interceptors of
Secrion 1014.6 of the 2001 Califomia Plumbing Code and establishes more specific
maintenance requirements.
C. The IocaUon of the City's within the Santa Ana Watershed, along with the City's
proximity to the Pacific Ocean and the waste discharge requirements unposed by the
1 RWQCB require the strict compliarice with grease control device regulations to prevent
SSOs that ihreaten the health and safety of the public within the immediate vicinity of the
overflow and downstream to the local beaches. Addirional amendments and deletions to
the Califomia Plumbing Code are found to be administrative or procedural and aze found
to be reasonable and necessary to safeguazd the public health and welfare.
I
i
SECTION II:
Should any section, subsecrion, clause, or pmvision of this Ordinance for any reason be
held to be invalid or unconsriturional, such invalidity or unconsritutionality shail not affect the
validity or constitutionality of the remaining portions of this Ordinance; it being hereby
expressly declazed that this Ordinance, and each secrion, subsecrion, sentence, clause and phrase
hereof would have been prepazed, proposed, approved and ratified irrespective of the fact that
any one or more secrions, subsections, sentences, clauses or phrases be declazed invalid or
unconstitutional.
SECTION III:
A copy of this Ordinance shall be filed with the Califomia Building Standards
Commission and the Califomia Department of Housing and Community Development by the
ed b State law ealth& Safety Code Section 17958.7).uiriCouncilasreoftheC YSecre4Yty
1
i
SECTION IV:
I' A summary of this Ordinance sha11 be published and a certified copy of the full text of
Uus Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the
City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance
shall also be published once within fifteen (15) days after this Ordinance's passage in a
newspaper of general circularion, published, and circulated in the City of Orange. The City
Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted
Ordinance along with the names of those City Council members voting for and against the
Ordinance in accordance with Govemment Code Section 36933. This Ordinance shall take
effect thirty(30) days from and after the date of its final passage.
27
s
t
AD()PTED this 9' day of November,2004.
Maz A. Murphy, M , City of Orange
4
ATTESI',
Mary E,.3 Clerk, Cit o ' e
STATE OF ALIFORNIA )
COUNTY OF ORANGE )
CTI'Y OF ORANGE
I, M,RY E. MURPHY, City Clerk of the City of Orange, Califomia, do hereby certify
that the foregoing Ordinance was introduced at the regulaz meeting of the City Council held on
the 26` day of October, 2004, and thereafter at the regular meeting of said City Council duly
held on the 9' day of November, 2004, was duly passed and adopted by the following vote, to
wit:
AYES: COUNCILMEMBERS: Ambriz, Alvazez, Murphy, Coontz, Cavecche
NOES: COUNCILMEMBERS: None
ABSENT: COiJNCILMEMBERS: None
ABSTAIN: COiJNCILMEMBERS: None
Mary E. Murp , ' Clerk, C' e
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