HomeMy WebLinkAbout2006-02-15 STAFF REPORTS 3A OF PALM 8
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City Council Staff Report
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CITY COUNCIL FEBRUARY 15, 2006
LEGISLATIVE
Subject: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 15.28 OF THE PALM SPRINGS MUNICIPAL CODE,
RELATING TO SEWER USE REGULATIONS, INCLUDING THE
ADOPTION OF FATS OILS AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS
From: City Manager
Initiated by: Director of Public Works/City Engineer
SUMMARY
This Ordinance amends the City's existing sewer use regulations to include regulations
applicable to food service establishments including restaurant and cafeterias to limit fats,
oils and grease from entering the private and public sewer system, prevent sewer system
overflows,establish best management practices and provide for penalties and enforcement
options.
RECOMMENDATION:
1) Waive reading of the proposed Ordinance Text, read by title only to introduce
Ordinance No. "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA,AMENDING CHAPTER 15.28 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO SEWER USE REGULATIONS, INCLUDING THE
ADOPTION OF FATS OILS AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS"
STAFF ANALYSIS:
The State Water Resources Control Board is currently finalizing a statewide general waste
discharge requirement for wastewater collection system agencies such as Palm Springs.
This new regulation will apply to all public agencies in California that own a wastewater
collection system. The purpose is to stop sanitary sewer overflows and other discharges
of untreated wastewater. Sanitary sewer overflows cause a public nuisance and health
hazard, particularly when raw untreated wastewater is discharged in areas with high public
City Council Staff Report
February 15, 2006 - Page 2
Sewer Ordinance Amendment for F.O.G.
exposure such as streets. Since grease blockages are one of the most common causes
of overflows, these regulations require all public agencies to prepare and implement a
grease source control program.
The City Attorney has prepared an Ordinance which will meet the requirements of the
expected regulations. The Ordinance is necessary for Palm Springs, irrespective of when
the State Regulations are implemented in that it would serve to provide enforcement and
-a reduction of future sewage spill overflows.
The Ordinance requires all new restaurants and food service establishments to have a
grease trap or interceptor. While it continues the current Municipal Code list of prohibited
waters or wastes into the sewer, it goes further in that it establishes a program for sizing
grease traps and grease interceptors under the direction of the Building Official, prohibits
the use of food grinders in food service establishments, and provides authorization for
periodic inspections by City Personnel of all food service establishments.
The Ordinance sets forth requirements for the maintenance of the grease trap or
interceptors. It does not require existing food service establishments to install these
facilities, providing their best management practices with respect to maintenance, record
keeping, training of employees, etc, does not result in any negative impacts as a result of
grease from the establishment. It does however, provide that if spillage on non-
maintenance does occur, the City does retain the right to impose the requirement of a
grease interceptor to be installed in the existing restaurant. This would be imposed only
if they are failing to maintain the existing system within the requirements of ordinance.th
FISCAL. IMPACT: Finance Director Review:
The ordinance does not include a provision for establishment of fees to fund the inspection
program of the City. Staff feels that after the inspection program is established, the
program could be funded by establishing a charge to these types of establishments on
their mont bill. .
DAVID J. BARAKIAN THOMAS J. 1WILSON
Director of Public Works/City Engineer Assist �t City Manager-Development Services
DAVID H. READY = ' DON DUCKWORTH G
City Manager �� Director of Building & Safety
Attachments:
1. Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING CHAPTER 15.28 OF THE PALM SPRINGS MUNICIPAL
CODE, RELATING TO SEWER USE REGULATIONS, INCLUDING
THE ADOPTION OF FATS, OILS, AND GREASE CONTROL
REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS
City Attorney's Summary
This Ordinance amends the City's existing sewer use
regulations to include regulations applicable to food service
establishments, including restaurants and cafeterias, to limit
fats, oils, and grease from entering the private and public
sewer system, prevent sewer system overflows, establish best
management practices, and provide for penalties and
enforcement options.
The City Council of the City of Palm Springs finds:
A. Pursuant to Const. art. XI, § 3, Const. art. Xl, § 5, Const. art. XI, § 7, Govt. Code
§§ 38900 — 38902, and Health & Safety Code §§ 5470 - 5474.10, the City of Palm
Springs has the authority to adopt ordinances relating to the provision of sewer services
and facilities, as well as the authority to adopt regulations of those services and
facilities.
B. Sanitary sewer overflows ("SSOs") often caused by discharge of wastewater
containing high levels of fat, oils and grease ("FOG"), suspended solids, pathogenic
organisms, and other pollutants, may result in the temporary failure to meet applicable
water quality objectives, pose a threat to the public health, adversely affect aquatic life,
and impair the public recreational use and aesthetic enjoyment of surface waters within
the City's service area.
C. FOG is a primary cause of SSOs, the City desires to implement a FOG Control
Program to prevent SSOs and the implementation of the FOG Control Program
provided in this Chapter will significantly help to prevent the harmful effects of SSOs.
C1. In light of the overwhelming evidence that FOG is a primary cause of SSOs, the
City Council desires to implement a FOG Control Program to prevent SSOs.
E. Section 1014 of the 2001 California Plumbing Code, applicable to all
occupancies in the State pursuant to the California Building Standards Law, requires the
installation of grease traps or interceptors when waste pretreatment is required, in the
opinion of the Building Official.
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F. The regulations adopted in this Ordinance will require existing Food Service
Establishments to engage in effective best management practices or install grease
control devices or interceptors.
G. The regulations adopted in this Ordinance are intended to apply to all Food
Service Establishments located within the City of Palm Springs and discharge directly or
indirectly into the City's sewer system,
K The City Council finds that specific enforcement provisions must be adopted to
govern discharges of wastewater to the City's system by Food Service Establishments.
NOW, THEREFORE, the City Council of the City of Palm Springs ordains:
Sectionl. Section 11.72.1_ is added to the Palm Springs Municipal Code to
read:
11.72.1_ Sewer Discharge Violations.
Any condition in violation of Chapter 15.28 of this Code, including but not limited to the
maintenance or use of any illicit connection or the occurrence of any prohibited
discharge, shall constitute a threat to the public health, safety, and welfare, and is
declared and deemed a nuisance pursuant to Government Code section 38771.
Section 2. Chapter 15.28 of the Palm Springs Municipal Code is amended in its entirety
to read:
Chapter 15.28
Sewer Use Regulations
Sections:
15.28.005 Purpose and Policy
15.28.006 Definitions
15.28.010 Dumping of Objectionable Waste
15.28.020 Discharge of Polluted Waters
15.28.030 Dumping Sewage into City System — Application for permit
—Fee
15.28.040 Improper Effluents for Sanitary Sewers
15.28.050 Unpolluted Drainage
15.28.060 Unpolluted Industrial Water
15.28.070 Prohibited and Regulated Wastes
15.28.080 Compliance with Preliminary Treatment Requirements
15.28.090 Compliance with Other Requirements and Regulations
15.28.100 Approval of Plans for Preliminary Treatment
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15.28.110 Maintenance of Preliminary Treatment Facilities
15.28.120 Building Manhole
15.28.130 Place for Sampling
15.28.131 Specific Prohibitions
15.28.132 Best Management Practices Required
15.28.133 FOG Pretreatment Best Management Practices
15.28.134 Commercial Properties
15.28.135 Drawing Submittal Requirements
15.28.136 Grease Interceptor Requirements
15.28.137 Grease Trap Requirements
15.28.138 Monitoring Facilities Requirements
15.28.139 Inspection and Sampling Conditions
15.28.140 Standards for Methods of Testing
15.28.150 Special Agreement to Accept Sewage
15.28.160 Tampering with Sewers
15.28.170 Sewer System Overflows, Public Nuisance, Abatement
15.28.180 Notification of Spill
15.28.190 Costs of Abatement
15.28.005 Purpose and Policy
A. The purpose of this Chapter is to facilitate the maximum beneficial public use of
the sewer services and facilities in the City while preventing blockages of the sewer
lines resulting from prohibited or objectionable waste discharges into the sewer
facilities, and to specify appropriate FOG discharge requirements for Food Service
Establishments. In furtherance of these general purposes, this Chapter is intended to:
1. Establish the appropriate authority for the City to condition or deny
discharges to the sewer system.
2. Prevent the introduction of excessive amounts of grease into the sewer
system.
3. Prevent the clogging or blocking of the sewer lines due to grease build up
causing backup and flooding of streets, residences, and commercial
buildings.
4. Implement procedures to recover the costs incurred in cleaning and
maintenance of sewer lines and the proper disposal of grease blockages.
5. Implement a procedure to recover the costs for any liability incurred by the
City for damage caused by grease blockages resulting from flooding or
streets, residences, or commercial buildings.
6. Establish the authority for the City to monitor, sample, and inspect grease
traps and interceptors.
B. This Chapter shall be interpreted in accordance with the definitions set forth in
Section 15.28.006. The provisions of this Chapter shall apply to the direct or indirect
discharge of all prohibited and objectionable wastewater or waste, including wastewater
and waster containing FOG, carried to the sewer facilities of the City.
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This Chapter establishes quantity and quality standards on all wastewater and/or
waste discharges which may cause or contribute to accumulation in the Sewer System
causing or potentially causing or contributing to the occurrence of SSOs.
'15.28.006 Definitions
A. Unless otherwise defined herein, terms related to water quality shall be as
adopted in the latest edition of Standard Methods for Examination of Water and
Wastewater, published by the American Public Health Association, the American Water
Works Association and the Water Environment Federation. The testing procedures for
waste constituents and characteristics shall be as provided in 40 CFR 136 (Code of
Federal Regulations).Other terms not herein specifically defined shall have the same
definition as set forth in the latest adopted editions of the California Codes of
Regulations applicable to building construction adopted pursuant to the California
Building Standards Law.
13. Subject to the foregoing provisions, the following definitions shall apply in this
Chapter:
"Best Management Practices" means schedules of activities, prohibitions of practices,
maintenance procedures, installation of equipment, and other management practices to
control and limit the introduction of prohibited or objectionable discharges, including
FOG, into Sewer Facilities.
"Building Official" means the Director of the Building and Safety Department of the City
or the designee of the Director of the Building and Safety Department.
"Change in Operations" means any change in the ownership, food types, or operational
procedures that have the potential to increase the amount of FOG generated and/or
discharged by Food Service Establishments in an amount that alone or collectively
causes or creates a potential for SSOs to occur.
"Composite Sample" means 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 waste stream discharged during the
sample period. Samples will be collected when a wastewater discharge occurs.
"Discharger" or "User" means any person who discharges or causes a discharge of
wastewater directly or indirectly to a Sewer Facility and/or stormwater drain system.
"Effluent" means any liquid outflow from the Food Service Establishment that is
discharged.
"Fats, Oils, and Grease" or "FOG' means any substance such as a vegetable or animal
product that is used in, or is a by-product of, the cooking or food preparation process,
and that turns or may turn viscous or solidifies with a change in temperature or other
conditions.
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"Food Service Establishment" or "FSE" means facilities defined in California Uniform
Retail Food Facilities Law (CURFFL), California Health and Safety Code Section
'113785 et seq., as amended from time to time, and any 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, fumes, smoke or odors that are required to be removed by a Type I or
Type II hood, as defined in CURFFL Section 113785. A Limited Food Preparation
E=stablishment is not considered a Food Service Establishment.
"Food Grinder" means any device, including garbage disposal devices, installed in the
plumbing or sewage system for the purpose of grinding food waste or food preparation
by-products for the purpose of discharging it into the Sewer System.
"Grease Control Device" means any grease interceptor, grease trap, or other
mechanism, 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 Building Official.
"Grease Interceptor" or "Interceptor' means a multi-compartment device that is
constructed in different sizes and is generally required to be located, according to the
California Plumbing Code, underground between a Food Service Establishment and the
connection to the sewer system. These devices primarily use gravity to separate FOG
from the wastewater as it moves from one compartment to the next. These devices
shall have at least one accessible inspection hatch and must be cleaned, maintained,
and have the FOG removed and disposed of in a proper manner on regular intervals to
ensure effective and efficient operation.
"Grease Trap" means a grease control device, including at least one removable lid for
access, inspection, and maintenance, that is used to serve individual fixtures, including
by way of example sinks, and is designed to remove or trap fats, oils, and grease while
allowing the balance of the waste to discharge to the sewer system by gravity.
"Grab Sample" means a sample taken from a waste stream on a one-time basis without
regard to the flow in the waste stream and without consideration of time.
"Hot Spots" means areas in sewer lines that have experienced sanitary sewer overflows
resulting in the need for frequent maintenance and cleaning.
"Infiltration" means water entering a sewer system, including sewer service connections,
from the ground through such means as defective pipes, pipe joints, connections, or
manhole walls.
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"Interference" means any discharge which, alone or in conjunction with discharges from
other sources, inhibits or disrupts the City's sewer system, treatment processes, or
operations; or is a cause of violation of any law or regulation, or prevents lawful sludge
use or disposal.
"Limited Food Preparation Establishment" means any commercial entity engaged only
in reheating, hot holding, or assembly of ready to eat food products and as a result,
there is no wastewater discharge containing a significant amount of FOG. A Limited
Food Preparation Establishment does not include any operation that changes the form,
flavor, or consistency of food.
"Manifest" means that receipt which is retained by the generator of wastes for disposing
recyclable wastes or liquid wastes as required by the City.
"New Construction" means any structure planned or under construction for which a
:sewer connection permit has not been issued as of October 1, 2005.
"Person" means any individual, partnership, firm, association, corporation, entity, or
public agency, including the State of California and the United States of America.
"Prohibited Discharge" means any discharge which contains any pollutant from public or
private property
"Public Agency" means the State of California and/or any city, county, special district,
other local governmental authority or public body of or within this State.
"Regulatory Agency" means those agencies having regulatory jurisdiction over the
operations of the City.
"Remodeling" means a physical change or operational change causing generation of
the amount of FOG that exceed the current amount of FOG discharge to the sewer
system by the Food Service Establishment in an amount that alone or collectively
causes or creates a potential for SSOs to occur; or exceeding a cost of $50,000 to a
Food Service Establishment that requires a building permit, and involves any one or
combination of the following: (1) Under slab plumbing in the food processing area, (2) a
30% increase in the net public seating area, (3) a 30% increase in the size of the
kitchen area, or(4) any change in the size or type of food preparation equipment.
"Sample Point" means a location approved by the Building Official, from which
wastewater can be collected that is representative in content and consistency of the
entire flow of wastewater being sampled.
"Sampling Facilities" means a structure or structures 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 terminate the discharge.
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"Sewer Facility or System" means any property belonging to the City or other Public
.Agency used in the treatment, reclamation, reuse, transportation, or disposal of
wastewater, or any tributary thereto.
"Sewer System Overflow" or "SSO" means each instance of a discharge of sewage from
a sanitary sewer system.
"Sewer Lateral" means a building sewer as defined in the latest edition of the California
Plumbing Code. It is the wastewater connection between the building's wastewater
facilities and the Sewer System or a Sewer Facility.
"Sludge" means any solid, semi-solid, or liquid decant, subnate, or supernate from a
manufacturing process, utility service, or pretreatment facility.
"Stormwater Drainage System" means street gutter, channel, storm drain, constructed
drain, lined diversion structure, wash area, inlet, outlet, or other facility, which is part of
or tributary to the City's stormwater runoff system and used for the purpose of
collecting, storing, transporting, or disposing of stormwater.
"Waste" means sewage and any and all other waste substances, liquid, solid, gaseous
or radioactive, associated with human habitation or of human or animal nature, including
such wastes placed within containers of whatever nature prior to and for the purpose of
disposal.
"Waste Minimization Practices" means plans or programs intended to reduce or
eliminate discharges to the sewer system or to conserve water, including, but not limited
to, product substitutions, housekeeping practices, inventory control, employee
education, and other steps as necessary to minimize wastewater produced.
"'Waste Hauler" means any person carrying on or engaging in vehicular transport of
waste as part of, or incidental to, any business for that purpose.
"'Jastewater" means the liquid and water-carried wastes of the community and all
constituents thereof, whether treated or untreated, discharged into or permitted to enter
a Sewer Facility.
"Wastewater Constituents and Characteristics" means the individual chemical, physical,
bacteriological, and other parameters, including volume and flow rate and such other
parameters that serve to define, classify, or measure the quality and quantity of
wastewater.
15.28.010 Dumping of Objectionable Waste
No person shall place, deposit or permit to be deposited upon public or private
property within this city, or in any area under the jurisdiction of this city, any human or
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animal excrement, garbage or other objectionable waste, in a manner that would be a
danger to the public health or welfare.
'15.28.020 Discharge of Polluted Waters
No person shall discharge to any natural outlet within this city, or in any area
under the jurisdiction of this city, any sanitary sewage, industrial wastes, or other
polluted waters, except where suitable treatment has been provided in accordance with
subsequent provisions of this title.
15.28.030 Dumping Sewage into City System — Application for permit —
Fee
No person shall dump sewage into the City's sewerage system unless a permit
therefor has been applied for and issued by the Building Official. No permit therefor
shall be issued unless the application for such permit is accompanied by a fee, the
amount of which shall be fixed from time to time by resolution of the City Council.
15.28.040 Improper Effluents for Sanitary Sewers
No person shall discharge or cause to be discharged any stormwater, surface
water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted
industrial process waters to any sanitary sewer.
15.28.050 Unpolluted Drainage
Stormwater and all other unpolluted drainage shall be discharged to such sewers
as are specifically designated as storm sewers, or to an approved natural outlet.
15.28.060 Unpolluted Industrial Water
Industrial cooling water or unpolluted process waters may be discharged, upon
approval of the Director of Public Works, to a storm sewer or natural outlet.
15.28.070 Prohibited and Regulated Wastes
A. Except as hereinafter provided, no person shall discharge or cause to be
discharged any of the following described waters or wastes to any Sewer Facility or into
any (i) the stormwater drainage system; (II) any upstream flow, which is tributary to the
stormwater drain system; or (III) any groundwater, river, stream, creek, wash or dry
weather arroyo, wetlands area, or marsh.:
_8_
1. Hot Fluids.
Any liquid or vapor having a temperature higher than one hundred fifty
degrees Fahrenheit;
2. FOG.
Any water or waste which may contain more than one hundred parts per
million, by weight, of fat, oil or grease;
3. Flammables, Explosives.
Any gasoline, benzine, naphtha, fuel oil or other flammable or explosive
liquid, solid or gas;
4. Solids—Viscous Substances.
Any ashes, cinders, sand and straw, shavings, metal, glass, feathers, tar,
plastics, wood, paunch manure, or any other solid or viscous substance
capable of causing obstruction to the flow in sewers or other interference
with the proper operation of the sewage works;
5. Deficient or Excessive pH.
Any waters or wastes having a pH lower than 5.5, higher than 9.0 or
having any other corrosive property capable of causing damage or hazard
to structures, equipment and personnel of the sewage works;
6. Poison.
Any waters or wastes containing a toxic or poisonous substance in
sufficient quantity to injure or interfere with any sewage treatment process,
constitute a hazard to humans or animals, or create any hazard in the
receiving waters of the waste treatment plant;
7. Suspended Solids.
Any waters or wastes containing suspended solids of such character and
quantity that unusual attention or expense is required to handle such
materials at the waste treatment plant;
8. Noxious Effluvium.
Any noxious or malodorous gas or substance capable of creating a public
nuisance.
S. No Person shall operate a Food Service Establishment so as to discharge or
cause to be discharged into the Sewer System FOG that: (1) exceeds the concentration
level provided in Section 15.28.070 A-2; or, (2) may accumulate and/or cause or
contribute to blockages in the Sewer Facility or at the sewer system lateral which
connects the Food Service Establishment to the sewer system.
C. No person shall, without prior approval obtained from the Director of Public
Works, or his authorized representative, introduce, or cause the admission, into any
Sewer Facility, of any waters or wastes having:
1. Excessive Oxygen Demand.
A five-day biochemical oxygen demand greater than three hundred parts
per million by weight; or
2. Suspended solids containing more than three hundred fifty parts per
million by weight of suspended solids; or
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3. Restricted wastes containing any quantity of substances having the
characteristics described in Subsection A of this Section.
D. Where necessary in the opinion of the Director of Public Works, the owner shall
provide, at his expense, such preliminary treatment as may be necessary to obtain:
1. Reduction of Oxygen Demand.
Reduction of the biochemical oxygen demand to three hundred parts per
million and the suspended solids to three hundred fifty parts per million by
weight; or
2. Reduction of Objectionable Feature.
Reduction of objectionable characteristics or constituents to within the
maximum limits provided for in Subsection A of this Section.
3. Control of Flow.
Control of the quantities and rates of discharge of such waters or wastes.
15.28.080 Compliance with Preliminary Treatment Requirements
No person who has been notified of the necessity of preliminary treatment
described in Section 15.28.070 shall thereafter discharge into any Sewer Facility any
water, waste, or sewage which has not been given such prescribed preliminary
treatment.
115.28.090 Compliance with Other Requirements and Regulations
No person shall discharge into any Sewer Facility any water waste or sewage, or
otherwise use the Sewer System, unless Sections 15.28.100 through 15.28.139 have
been complied with.
15.28.100 Approval of Plans for Preliminary Treatment
Plans, specifications, and other pertinent information relating to proposed
preliminary treatment facilities shall be submitted for the approval of the Director of
Public Works. No construction of such facilities shall be commenced until said approval
is obtained in writing.
15.28.110 Maintenance of Preliminary Treatment Facilities
Where preliminary treatment facilities are pro-vided for any waters or wastes,
they shall be maintained continuously in a satisfactory and effective manner, by the
owner at his expense.
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15.28,120 Building Manhole
When required by the Director of Public Works, the owner of any property served
by a building sewer carrying industrial wastes shall install a suitable manhole in the
building sewer to facilitate observation, sampling and measurement of the wastes prior
to discharge into the Sewer Facility. Such manhole, when required, shall be accessible
and safely located, and shall be constructed in accordance with plans approved by the
Director of Public Works. The manhole shall be installed by the owner at his expense,
and shall be maintained by him so as to be safe and accessible at all times.
15.28.130 Place for Sampling
In the event that no special manhole has been required, the control manhole
shall be considered to be the nearest downstream manhole in the Sewer System from
the building sewer.
'15.28.131 Specific Prohibitions
Each Person operating a Food Service Establishment shall not:
A. Install food grinders in the plumbing system of new construction of Food Service
Establishments. All food grinders shall be removed from all existing Food Service
Establishments on or before January 2, 2007, unless the Building Official has
authorized the food grinder to remain.
13. Introduce any additives into a Food Service Establishment's wastewater system
for the purpose of emulsifying FOG, unless otherwise permitted by specific written
authorization of the Building Official.
C. Dispose waste cooking oil into sewer or 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 wastewater from dishwashers to any grease interceptor.
E. Discharge wastewater with temperatures in excess of 140°F to any grease
control device.
F. Introduce biological additives for grease remediation or as a supplement to
grease control device maintenance without prior authorization from the Building Official.
G. Discharge wastes from toilets, urinals, washbasins, and other fixtures containing
fecal materials to sewer lines intended for grease control device service, or vice versa.
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H. Discharge any waste, including FOG and solid materials removed from the
grease control device, to the sewer system. Grease removed from grease control
devices shall be waste hauled periodically as part of the operation and maintenance
requirements for grease interceptors and traps.
15.28.132 Best Management Practices Required
,Any Person operating a Food Services Establishment shall implement Best
Management Practices as prescribed in this Chapter for the purpose of controlling and
limiting the discharge of FOG to the Sewer System.
15.28.133 FOG Pretreatment Best Management Practices
,Any Person operating a Food Service Establishment, or a property owner of a parcel
containing multiple FSEs, may be required to install, operate, and maintain an approved
type and adequately sized grease interceptor in accordance with the provisions of this
section. The grease interceptor shall be adequate to separate and remove FOG
contained in wastewater discharges from Food Service Establishments prior to
discharge to the Sewer System. Fixtures, equipment, and drain lines located in the food
preparation and clean up areas of Food Service Establishments that are sources of
FOG discharges except for dish washing machines shall be connected to the grease
interceptor. Compliance shall be established as follows:
A. New Construction of Food Service Establishments
New construction of Food Service Establishments shall include the installation of grease
interceptors of a type and capacity approved by the Building Official prior to
commencing discharges of wastewater to the Sewer System.
13. Existing Food Service Establishments/Commercial Properties
Existing FSE operators, or property owners with multiple FSEs, shall install a grease
control device where the Building Official has found and determined that a FSE has
been responsible for, or otherwise contributed to, one or more SSO(s) following the
enactment of this Chapter.
Where the Building Official has determined that an owner's lateral line requires cleaning
to avoid an imminent threat of an SSO spill, the Building Official is authorized to issue
an order to the owner to immediately clean the subject lateral line.
The Building Official shall issue his/her order in writing to the applicable party and shall
designate a reasonable period of time period for corrective action.
C. Best Management Practice Requirements.
1. All Food Service Establishments shall implement best management
practices in accordance with the requirements and guidelines established in this
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Chapter and as may be established by the Building Official in an effort to
minimize the discharge of FOG to the Sewer System.
2. All Food Service Establishments shall be required, at a minimum, to
comply with the following Best Management Practices:
(a) Installation of drain screens. Drain screens shall be installed on all
drainage pipes in food preparation areas.
(b) 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. Such recycling receptacles shall be
maintained properly to ensure that they do not leak. Food Service
Establishments shall use licensed wastehaulers and licensed
recycling facilities to dispose of waste cooking oil.
(c) Disposal of food waste. All food waste shall be disposed of directly
into the trash or garbage, and not in sinks.
(d) Employee training. Employees of Food Service Establishments
shall be trained by ownership/management, upon commencement
of employment at least annually thereafter, on the following
subjects:
(i) How to "dry wipe" pots, pans, dishware and work areas
before washing to remove grease.
(ii) 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.
(iii) The location and use of absorption products to clean under
fryer baskets and other locations where grease may be
spilled or dripped.
(iv) How to properly dispose of grease or oils from cooking
equipment into a grease receptacle such as a barrel or drum
without spilling.
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 Building Official.
(e) Kitchen signage. Best management and waste minimization
practices shall be posted conspicuously in the food preparation and
dishwashing areas at all times.
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(f) Food Grinders. Food Grinders shall immediately be removed from
the FSEs plumbing system to prevent the discharge of food debris
into the FSEs sewer drain system. This requirement will lead to
controlling and limiting the introduction of FOG into the City's Sewer
System.
(g) Odors. Grease Trap Devices shall be installed and maintained so
as to prevent odors, cross-contamination. Sewer back-ups, or
SSOs.
(h) Containers. Grease rendering containers shall be installed and
properly maintained.
(i) Record Keeping. Document record keeping shall be maintained
and shall include: 1) employee training records; 2) grease control
device (trap or interceptor) maintenance and cleaning records; 3)
on property SSO records; 4) plumbing maintenance records; 5)
rendering grease disposal records; 6) name and contact
information of waste hauler; and 7) disposal site. Documents
consist of, but are not limited to logs, records, letters, blue prints,
equipment specification and operation, receipts, and manifests.
Such records are deemed to be environmental records and shall be
retained for a minimum of 5 years.
15.28.134 Commercial Properties
Property owners of commercial properties or their official designee(s) shall be
responsible for the installation and maintenance of the grease interceptor serving
multiple Food Service Establishments that are located on a single parcel.
15.28.135 Drawing Submittal Requirements
A. Operators of Food Service Establishments may be required to submit two copies
of facility site plans, mechanical and plumbing plans, and details to show all sewer
locations and connections. The submittal shall be in a form and content acceptable to
the Building Official for review of existing or proposed grease control device, grease
interceptor, monitoring facilities, metering facilities, and operating procedures. The
review of the plans and procedures shall in no way relieve the Food Service
Establishments of the responsibility of modifying the facilities or procedures in the
future, as necessary to produce an acceptable discharge, and to meet the requirements
of this Chapter or any requirements of other Regulatory Agencies; and a schematic
drawing of the FOG control device, grease interceptor or other pretreatment equipment,
piping, and instrumentation diagram, and wastewater characterization report.
B. The City may require the drawings be prepared by a California Registered
Mechanical Engineer.
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15.28.136 Grease Interceptor Requirements
A. Food Service Establishment operators shall provide wastewater acceptable to
the City, under the requirements and standards established herein before discharging to
any Sewer Facility. Any Food Service Establishment required to pretreat wastewater
shall install, operate, and maintain an adequately sized grease interceptor, approved by
the Building Official, necessary to maintain compliance with the objectives of this
Chapter.
B. Grease interceptor sizing, type, and capacity and installation shall conform to the
current edition of the California Plumbing Code and be approved by the Building Official.
Grease interceptors shall be constructed in accordance with the design approved by the
Building Official and shall have a minimum of two compartments with fittings designed
for grease retention and a sample box..
C. The grease interceptor shall be installed at an exterior location where it shall be
at all times easily accessible for inspection, cleaning, and removal of accumulated
grease.
D. Access manholes, with a minimum diameter of 24 inches, shall 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 have readily removable covers to facilitate
inspection, grease removal, and wastewater sampling activities.
I: Grease Interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor which includes wastewater,
accumulated FOG, floating materials, sludge and solids.
F All existing and newly installed grease interceptors shall be maintained in a
manner consistent with a maintenance frequency approved by the Building Official
pursuant to this section.
G FOG that has accumulated in a grease interceptor shall not be allowed to pass
into any sewer lateral, Sewer System, storm drain, or public right of way.
H. Food Service Establishment operators with grease interceptors may be required
to submit data and information necessary to establish the maintenance frequency of
grease interceptors.
I. The maintenance frequency for all Food Service Establishments 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 minimum
hydraulic retention time and required available volume is maintained to effectively
intercept and retain FOG discharged to the Sewer System.
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2. All Food Service Establishments with a Grease Interceptor shall maintain
their grease interceptor not less than every 6 months. Grease interceptors shall
be fully pumped out and cleaned quarterly when the frequency described in (1)
has not been established. The maintenance frequency shall be adjusted when
sufficient data have been obtained to establish an average frequency based on
the requirements described in (1) and guidelines adopted pursuant to the FOG
Control Program. The City may change the maintenance frequency at any time
to reflect changes in actual operating conditions in accordance with the FOG
Control Program. Based on the actual generation of FOG from the Food Service
Establishment, the maintenance frequency may increase or decrease.
3. If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in (1), the Food
Service Establishment operator shall be required to have the grease interceptor
serviced immediately such that all fats, oils, grease, sludge, and other materials
are completely removed from the grease interceptor. If deemed necessary, the
Building Official may also increase the maintenance frequency of the grease
interceptor from the current frequency.
,15.28.137 Grease Trap Requirements
A. Food Service Establishment operators may be required to install grease traps in
the waste line leading from drains, sink, and other fixtures or equipment where grease
may be introduced into the Sewer System in quantities that can cause blockage.
Grease traps have limited effect and should only be used in those cases where the use
of a grease interceptor or other grease control device is determined to be impossible or
impractical.
B. Prior to receiving a plumbing permit from the City, an applicant shall submit to the
Building Official a stamped and signed copy of installation plans indicating that the
Riverside County Health Department has approved the grease trap location.
C. Sizing and installation of grease traps shall conform to the current edition of the
California Plumbing Code.
D. Grease traps shall be maintained in efficient operating conditions by removing
accumulated grease at a frequency approved by the Building Official.
E. Grease traps shall be maintained free of all food residues and any FOG waste
removed during the cleaning and scraping process.
F. Grease traps shall be inspected periodically to check for leaking seams and
pipes, and for effective operation of the baffles and flow-regulating device. Grease traps
and their baffles shall be maintained free of all caked-on FOG and waste. Removable
baffles shall be removed and cleaned during the maintenance process.
G. Dishwashers and food grinder units shall not be connected to or discharged into
any grease trap.
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15.28.138 Monitoring Facilities Requirements
A. The Building Official may require the Food Service Establishments to construct
and maintain in proper operating condition at the Food Service Establishment'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 Building Official.
C. Food Service Establishments may be required to provide immediate, clear, safe
and uninterrupted access to the Building Official to the Food Service Establishment's
monitoring and metering facilities.
D. Food Service Establishments may also be required by the Building Official to
:submit waste analysis plans, contingency plans, and meet other necessary
requirements to ensure proper operation and maintenance of the grease control device
and compliance with this Chapter.
E. No Food Service Establishment shall increase the use of water or in any other
manner attempt to dilute a discharge as a partial or complete substitute for treatment to
achieve compliance with this Chapter and the FOG Wastewater Discharge Permit.
15.28.139 Inspection and Sampling Conditions
A. The Building Official may inspect or order the inspection and sample the
wastewater discharges of any Food Service Establishment to ascertain compliance with
this Chapter. The owner shall allow the City access to the Food Service Establishment
premises, during normal business hours, for purposes of inspecting the Food Service
Establishment's grease control devices or interceptor, reviewing the manifests, receipts
and invoices relating to the cleaning, maintenance and inspection of the grease control
devices.
B. Prior to commencing any inspection as authorized in this section, the Building
Official shall obtain either the consent of the owner or occupant of the property or shall
obtain an administrative inspection warrant or criminal search warrant.
C. The Building Official may enter property to investigate the source of any
discharge to any public street, inlet, gutter, storm drain or the stormwater drainage
system located within the jurisdiction of the City.
D. The Building Official may inspect property for the purpose of verifying compliance
with this Chapter, including but not limited to (i) identifying products produced,
processes conducted, chemicals used and materials stored on or contained within the
property, (ii) identifying point(s) of discharge of all wastewater, process water systems
and pollutants, (iii) investigating the natural slope at the location, including drainage
patterns and man-made conveyance systems, (iv) establishing the location of all points
of discharge from the property, whether by Sewer System, surface runoff or through a
storm drain system, (v) locating any illicit connection or the source of prohibited
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discharge, (vi) evaluating compliance with any permit issued pursuant to Article 3
hereof.
E. The Building Official may inspect all records of the owner or occupant of property
relating to FOG Best Management Practices to include related chemicals or processes
presently or previously occurring on-site, facilities maps or schematics and diagrams,
pumping and/or grease hauler manifests or receipts pollution prevention plans,
monitoring program plans and any other record(s) relating to unauthorized connections,
prohibited discharges, or any other source of contribution or potential contribution of
pollutants to the stormwater drainage system.
F. The Building Official may inspect, sample, and test any area runoff, soils area
(including groundwater testing), process discharge, materials within any waste storage
area (including any container contents), and/or treatment system discharge for the
purpose of determining the potential for contribution of pollutants to the stormwater
drainage system. The authorized Building Official may investigate the integrity of all
storm drain and sanitary Sewer Systems, any legal nonconforming connection or other
(pipelines on the property using appropriate tests, including but not limited to smoke and
dye tests or video surveys. The authorized Building Official may take photographs or
videotape, make measurements or drawings, and create any other record reasonably
necessary to document conditions on the property.
15.28.140 Standards for Methods of Testing
In administering the provisions of this title and in determining compliance
therewith, all measurements, tests and analyses of the characteristics of waters and
wastes shall be determined in accordance with the most recent available edition and
supplements of "Standard Methods For The Examination Of Water And Waste Water'
published by the American Public Health Association, American Waterworks
Association, and the Water Pollution Control Federation.
015.28.150 Special Agreement to Accept Sewage
No provision contained in this chapter shall be construed as preventing any
special agreement or arrangement between the city and any industrial concern whereby
an industrial waste of unusual strength or character may be accepted by the city for
treatment, subject to payment of a fee by the industrial concern to defray the cost to the
city of treating such industrial waste. In the event of conflict between the provisions of
any such agreement or arrangement, and the provisions hereof, the former shall prevail.
15.28.160 Tampering with Sewers
No person shall maliciously, or without authority, wilfully or carelessly break,
damage, destroy, uncover, deface or tamper with any structure, appurtenance or
equipment which is a part of the municipal sewage works.
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15.28.170 Sewer System Overflows, Public Nuisance, Abatement
Food Service Establishments which have contributed to a sewer blockage, SSO, or any
Sewer System interference resulting from the discharge of wastewater or waste
containing FOG, shall install, operate, and maintain a grease interceptor, and may be
required to abate such nuisance and prevent any future health hazards created by such
sewer line blockage, SSO, or any other Sewer System interference. SSOs may
threaten or cause injury to public health, safety, and welfare and are hereby declared to
be a public nuisance. Furthermore, sewer lateral failures and SSOs caused by Food
Service Establishments, alone or collectively, are the responsibility of the private
property owner and Food Service Establishment, and their respective responsible
officers and/or owners. If, either at the request of a Food Service Establishment or to
abate an immediate threat of injury to the public health, safety, welfare, or property, the
Building Official acts to contain and/or clean up an SSO or the blockage of a sewer
lateral or the Sewer System caused by a Food Service Establishment, the City's costs
for such abatement shall be entirely borne by the property owner, operator of the Food
Service Establishment, and their respective responsible officers and/or owners, and
each of them, and shall constitute a debt to the City and become due and payable upon
the City's request for reimbursement of such costs.
15.28.180 Notification of Spill
A. When material discharged to the sewer has the potential to cause or result in
sewer blockages or SSOs, the discharger shall immediately notify the local Health
Department, County, and the City.
B. Confirmation of this notification shall be made in writing to the Building Official no
later than five (5) working days from the date of the incident. The written notification
shall state the date of the incident, the reasons for the discharge or spill, what steps
were taken to immediately correct the problem, and what steps are being taken to
prevent the problem from recurring.
C. Such notification shall not relieve the discharger of any expense, loss, damage or
other liability which may be incurred as a result of damage or loss to the City or any
other damage or loss to person or property; nor shall such notification relieve the
discharger of any fees or other liability which may be imposed by this Chapter or other
applicable law.
15.28.190 Costs of Abatement
Pursuant to Health and Safety Code section 6523.3, the City is entitled to recover its
costs incurred in taking any action to correct a violation of this Chapter. Such costs
shall be added to any sewer service charge payable by any person violating this
Chapter. The City shall have such remedies for the collection of such costs as it has for
the collection of sewer service charges.
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Section 3. A copy of this ordinance shall be filed with the California Building Standards
Commission and the California Department of Housing and Community Development by
the City Clerk as required by State law (Health & Safety Code Section 17958.7).
Section 4. This Ordinance shall take effect 30 days from its adoption and the City
Attorney's Summary shall be published in a newspaper of general circulation as
provided by law.
ADOPTED AND APPROVED this - day of 2006
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk Mayor
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