17-0905_ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES_E12_Agenda Report 9/5/2017
C E12
City of San Juan Capistrano
Agenda Report
TO: Honorable Mayor and Members of the City Council
FROM: Xen Siegel, City Manager
SUBMITTED BY: Steve May, Public Works and Utilities Director,./044—
PREPARED BY: George Alvarez, P.E., City Engineer
Joe Mankawich, Associate Engineer
DATE: September 5, 2017
SUBJECT: Consideration of a Professional Services Agreement and
Appropriation of Funds for Food Service Establishment Inspection
Services (Environmental Compliance Inspection Services)
RECOMMENDATION:
1. Approve and authorize the City Manager to execute a two-year Professional
Services Agreement with Environmental Compliance Inspection Services in an
amount not to exceed $56,644 for Fats, Oils, and Grease, and Food Service
Establishment National Pollution Discharge Elimination System Inspection Services,
and authorize the City Manager to approve two, one-year contract extensions for
amounts not to exceed $28,322 per year; and,
2. Appropriate $10,000 from the Sewer Fund to supplement the adopted Fiscal Year
2017-2018 Sewer Operating budget for the Fats, Oils, and Grease, and Food
Service Establishment National Pollution Discharge Elimination System Inspection
Program.
EXECUTIVE SUMMARY:
There are 136 Food Service Establishments (FSEs) within the city that must be
regulated to ensure they employ methods and mechanisms to prevent the discharge of
fats, oils, and grease (FOG) into the sanitary sewer system. The FOG tends to build up
in the sewer system causing sewer spills that in turn can enter the storm drain system,
which is a water quality violation under Federal law, State law, and the City's water
quality ordinance. To ensure that the FSEs operate in a manner to protect stormwater
quality, the City retains consultant services for conducting routine inspections of FSEs.
City Council Agenda Report
September 5, 2017
Page 2 of 3
Staff has requested proposals for these professional services and has received two
proposals. Staff has evaluated the proposals and is recommending that the City Council
approve a Professional Services Agreement (Attachment 1) with Environmental
Compliance Inspection Services (ECIS) to provide as-needed inspection services. The
Agreement term would be two years, with the option for two, one-year extensions. The
annual cost of the services is $28,322. There is currently $20,000 in the adopted Fiscal
Year 2017/2018 Sewer Operating budget for this program, and staff is recommending
an appropriation of $10,000 from the Sewer Fund to support the unfunded balance and
provide for a modest contingency.
DISCUSSION/ ANALYSIS:
On April 7, 2009, the City Council adopted the City's first FOG Ordinance (Ordinance
No. 956), included as Attachment 2. FOG discharges can be a significant cause of
sewer spills that can potentially reach local waters and impact water quality. The
ordinance establishes requirements to eliminate FOG from the sewer system. These
requirements include provisions for grease control devices in new and remodeled food
service facilities, inspection procedures, maintenance schedules and discharge
standards.
The City currently operates its storm drain systems under a National Pollution
Discharge Elimination System (NPDES) permit issued by the San Diego Regional
Water Quality Control Board. This permit requires the City to regulate potential sources
of discharge of pollutants into the City's storm drain system. The City's FSE inspection
program ensures that restaurants and kitchens are utilizing best management practices
to avoid causing sewer spills.
On July 3, 2017, the Public Works and Utilities Department issued a Request for
Proposals (RFP) for performance of the FSE inspection services. On July 18, 2017, the
City received two proposals as listed below:
Summary of Pro osals
Firm Cost/Year
ECIS $28,322
EEC Environmental $38,780
The proposals were rated by a staff panel consisting of an Associate Engineer, a Senior
Civil Engineer, and the City Engineer. The ECIS proposal was rated the highest based
on ECIS' qualifications and experience with FOG and FSE NPDES related inspections.
The cost proposal submitted by ECIS is $10,458 less than the other respondent, EEC
Environmental. ECIS has successfully provided this service for the City for the past two
years, and currently provides FOG inspection services to the cities of Mission Viejo,
Dana Point and San Clemente. Having institutional knowledge and an understanding of
the City's program is a valuable resource for the City.
City Council Agenda Report
September 5, 2017
Page 3 of 3
FISCAL IMPACT:
The proposed annual cost for the inspection services would be $28,322. There is
currently $20,000 in the adopted Fiscal Year 2017-2018 Sewer Operating budget for
this program. In order to cover the shortfall and to provide a 6% contingency, staff is
recommending that the City Council approve an appropriation of $10,000 from the
Sewer Fund, which has an unappropriated balance of$1.7 Million.
ENVIRONMENTAL IMPACT:
In accordance with the California Environmental Quality Act (CEQA), the recommended
action is exempt from CEQA per Section 15061(b)(3), the general rule that the CEQA
applies only to projects that have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, the activity is not
subject to CEQA. The proposed inspection services would not be an activity with
potential to cause significant effect on the environment, and is therefore exempt from
CEQA.
PRIOR CITY COUNCIL REVIEW:
• On April 7, 2009, the City Council adopted the City's FOG (Fats, Oils and Grease)
Ordinance (Ordinance No. 956).
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
This item does not require commission review.
NOTIFICATIONS:
SCIS
EEC Environmental
ATTACHMENT:
Attachment 1: Professional Services Agreement
Attachment 2: Ordinance No. 956
CITY OF SAN JUAN CAPISTRANO
PROFESSIONAL SERVICES AGREEMENT FOR FATS, OILS, AND GREASE (FOG) AND
FOOD SERVICE ESTABLISHMENT(FSE) NATIONAL POLLUTION DISCHARGE
ELIMINATION SYSTEM (NPDES) INSPECTION SERVICES
This Agreement is made and entered into as of 20 ("Effective
Date") by and between the City of San Juan Capistrano, a municipal corporation organized and
operating under the laws of the State of California with its principal place of business at 32400
Paseo Adelanto, San Juan Capistrano, CA 92675 ("City"), and Jon Kinley DBA Environmental
Compliance Inspection Services, a SOLE PROPRIETORSHIP with its principal place of
business at 26 Dauphine, Dana Point California 92629 (hereinafter referred to as "Consultant").
City and Consultant are sometimes individually referred to as "Party" and collectively as
"Parties" in this Agreement.
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Fats, Oils, and Grease (FOG) and Food Service Establishment (FSE) National Pollution
Discharge Elimination System (NPDES) Inspection Services
(hereinafter referred to as "the Project').
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services
attached hereto as Exhibit"A."
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "B." The compensation applicable
to the Initial Term and that of any Renewal Term is set forth in Exhibit "B".
b. In no event shall the total amount paid for services rendered by
Consultant under this Agreement exceed the sum of $56,644. This amount is to cover all
printing and related costs, and the City will not pay any additional fees for printing expenses.
Periodic payments shall be made within 30 days of receipt of an invoice which includes a
detailed description of the work performed. Payments to Consultant for work performed will be
made on a monthly billing basis.
Attachment 1, Page 1 of 35
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal
consultations with the other party indicate that a change is warranted, it shall be processed in
the following manner: a letter outlining the changes shall be forwarded to the City by Consultant
with a statement of estimated changes in fee or time schedule. An amendment to this
Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs
incurred shall be maintained by Consultant and made available at all reasonable times during
the contract period and for four (4) years from the date of final payment under the contract for
inspection by City.
5. Time of Performance.
Consultant shall perform its services in a prompt and timely manner and shall
commence performance upon receipt of written notice from the City to proceed ("Notice to
Proceed"). Consultant shall complete the services required hereunder as set forth in the
Request for Proposals for the Project. A Notice to Proceed shall set forth the date of
commencement of work. The initial term of this Agreement is two years from the Effective Date
("Initial Term"). At the sole discretion of the City, the City may extend the contract for up to two
years following the expiration of the Initial Term ("Renewal Term").
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control
of the non-performing party. For purposes of this Agreement, such circumstances include but
are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots
and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a
reasonable time of being prevented from performing, give written notice to the other party
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
Attachment 1, Page 2 of 35
C. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or
operations performed under this Agreement.
8. Standard of Care
Consultant's services will be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of care and skill
ordinarily exercised by members of the profession currently practicing under similar conditions.
9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or
interest in this Agreement without the written consent of the City, which may be withheld for any
reason. Any attempt to so assign or so transfer without such consent shall be void and without
legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a
provision making them subject to all provisions stipulated in this Agreement. Nothing contained
herein shall prevent Consultant from employing independent associates, and subconsultants as
Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No
employee or agent of Consultant shall become an employee of City. The work to be performed
shall be in accordance with the work described in this Agreement, subject to such directions and
amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
(1) Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage
for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
Attachment 1, Page 3 of 35
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees,
agents and City designated volunteers additional insured status using ISO endorsement forms
CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
b. Automobile Liability
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non-owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents
and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
C. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every
employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and
he/she will comply with such provisions before commencing work under this
Agreement.
(ii) To the extent Consultant has employees at any
time during the term of this Agreement, at all times during the performance of
the work under this Agreement, the Consultant shall maintain full compensation
Attachment 1, Page 4 of 35
insurance for all persons employed directly by him/her to carry out the work
contemplated under this Agreement, all in accordance with the "Workers'
Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage
in amounts indicated herein. Consultant shall require all subconsultants to
obtain and maintain, for the period required by this Agreement, workers'
compensation coverage of the same type and limits as specified in this section.
d. Professional Liabilitv (Errors and Omissions
At all times during the performance of the work under this Agreement the Consultant shall
maintain professional liability or Errors and Omissions insurance appropriate to its profession, in
a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and
shall be written on a policy form coverage specifically designed to protect against acts, errors or
omissions of the Consultant. "Covered Professional Services" as designated in the policy must
specifically include work performed under this Agreement. The policy must "pay on behalf of
the insured and must include a provision establishing the insurer's duty to defend.
e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $5,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
Attachment 1, Page 5 of 35
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of premium. If any of the required coverage is cancelled or expires
during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including
the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to
the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds
shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than
the effective date of this Agreement. Consultant shall maintain such coverage continuously for
a period of at least three years after the completion of the work under this Agreement.
Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is
advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed;
or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent
to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its
officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these specifications to waive their right
of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and
shall require similar written express waivers and insurance clauses from each of its
subconsultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in
excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
h. Ualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
Attachment 1, Page 6 of 35
through surplus line brokers under applicable provisions of the California Insurance
Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is
not intended to and shall not in any manner limit or qualify the liabilities and obligations
otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to,
the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City will
withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City
may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor any of its officials, officers, employees, agents
or volunteers shall be personally responsible for any liability arising under or by virtue of this
Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its officials, officers,
employees, agents and volunteers free and harmless from any and all claims, demands, causes
of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees,
settlements, loss, damage or injury of any kind, in law or equity, to property or persons,
including wrongful death, (collectively, "Claims') in any manner arising out of, pertaining to, or
incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials,
officers, employees, subcontractors, consultants or agents in connection with the performance
of the Consultant's services, the Project or this Agreement, including without limitation the
payment of all consequential damages, expert witness fees and attorneys' fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's services
are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent
required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to
Attachment 1, Page 7 of 35
indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials,
officers, employees, agents or volunteers .
b. Additional Indemnity Obligation . Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered
by this section that may be brought or instituted against the City, its officials, officers,
employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or
decree that may be rendered against the City, its officials, officers, employees, agents or
volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also
reimburse City for the cost of any settlement paid by the City, its officials, officers, employees,
agents or volunteers as part of any such claim, suit, action or other proceeding. Such
reimbursement shall include payment for the City's attorney's fees and costs, including expert
witness fees. Consultant shall reimburse the City, its officials, officers, employees, agents and
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify
shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers,
employees, agents and volunteers.
13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code
Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and
the performance of other requirements on certain "public works" and "maintenance" projects. If
the services are being performed as part of an applicable "public works" or "maintenance"
project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or
more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out
of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory
upon the Consultant and all subconsultants to comply with all California Labor Code provisions,
which include but are not limited to prevailing wages, employment of apprentices, hours of labor
and debarment of contractors and subcontractors.
b. If the Services are being performed as part of an applicable "public works"
or "maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the
Consultant and all subconsultants performing such Services must be registered with the
Department of Industrial Relations. Consultant shall maintain registration for the duration of the
Project and require the same of any subconsultants, as applicable. This Project may also be
subject to compliance monitoring and enforcement by the Department of Industrial Relations. It
shall be Consultant's sole responsibility to comply with all applicable registration and labor
compliance requirements.
14. Verification of Employment Eli ibility.
By executing this Agreement, Consultant verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of
undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of
1986, as may be amended from time to time, and shall require all subconsultants and sub-
subconsultants to comply with the same.
Attachment 1, Page 8 of 35
15. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of
California. If any action is brought to interpret or enforce any term of this Agreement, the action
shall be brought in a state or federal court situated in the County of Orange, State of California.
16. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion
of the work completed and/or being abandoned. City shall pay Consultant the reasonable value
of services rendered for any portion of the work completed prior to termination. If said
termination occurs prior to completion of any task for the Project for which a payment request
has not been received, the charge for services performed during such task shall be the
reasonable value of such services, based on an amount mutually agreed to by City and
Consultant of the portion of such task completed but not paid prior to said termination. City shall
not be liable for any costs other than the charges or portions thereof which are specified herein.
Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to
damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
17 Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other
documents, produced or developed for the Project shall, upon payment in full for the services
described in this Agreement, be furnished to and become the property of the City.
18. Organization
Consultant shall assign Jon Kinley as Project Manager. The Project Manager shall not
be removed from the Project or reassigned without the prior written consent of the City.
19. limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described
above.
20. Notice
Any notice or instrument required to be given or delivered by this Agreement may be
given or delivered by depositing the same in any United States Post Office, certified mail, return
receipt requested, postage prepaid, addressed to:
Attachment 1, Page 9 of 35
CITY: CONSULTANT:
City of San Juan Capistrano Jon Kinley DBA Environmental Compliance
32400 Paseo Adelanto Inspection Services
San Juan Capistrano, CA 92675 26 Dauphin
Attn: Steve May, Public Works Dana Point, CA 92629
and shall be effective upon receipt thereof.
21. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone
other than the City and the Consultant.
22. Equal Opportunity Employment_.
Consultant represents that it is an equal opportunity employer and that it shall not
discriminate against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, sex, age or other interests protected by the State or Federal
Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to
initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination.
23. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and
Consultant as to those matters contained herein, and supersedes and cancels any prior or
contemporaneous oral or written understanding, promises or representations with respect to
those matters covered hereunder. Each party acknowledges that no representations,
inducements, promises or agreements have been made by any person which are not
incorporated herein, and that any other agreements shall be void. This Agreement may not be
modified or altered except in writing signed by both Parties hereto. This is an integrated
Agreement.
24. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not
render the provisions unenforceable, invalid or illegal.
25. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in
interest, executors, administrators and assigns of each party to this Agreement. However,
Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights,
burdens, duties or obligations without the prior written consent of City. Any attempted
assignment without such consent shall be invalid and void.
26. Non-Waiver
Attachment 1, Page 10 of 35
None of the provisions of this Agreement shall be considered waived by either party,
unless such waiver is specifically specified in writing.
27. Time of Essence
Time is of the essence for each and every provision of this Agreement.
28. City s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection
with this Project or other projects.
29. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company
or person, other than a bona fide employee working solely for Consultant, to solicit or secure
this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any
company or person, other than a bona fide employee working solely for Consultant, any fee,
commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting
from the award or making of this Agreement. For breach or violation of this warranty, City shall
have the right to rescind this Agreement without liability. For the term of this Agreement, no
director, official, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material benefit
arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Attachment 1, Page 11 of 35
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN JUAN CAPISTRANO JON KINLEY DBA ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES
By: By: -
Ben Siegel Its: President
City Manager
ATTEST:
By:
City Clerk
Attachment 1, Page 12 of 35
EXHIBIT A
Scope of Services
Attachment 1, Page 13 of 35
EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inform City regarding any out-of-scope work being performed by Consultant. This is a time-
and-materials contract.
Attachment 1, Page 14 of 35
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN JUAN CAPISTRANO
AND JON KINLEY DBA ENVIRONMENTAL COMPLIANCE INSPECTION SERVICES
IN WITNESS WHEREOF, The Parties have executed this Agreement as of the date first written
above.
CITY OF SAN JUAN CAPISTRANO JON KILEY DBA ENVIRONMENTAL
COMPLIANCE INSPECTION SERVICES
By: -- By: �.
Ben Siegel Its: / Pres don
City Manager f
E
ATTEST:
By: -
City Clerk
APPROVED AS TO FORM:
BEST BEST&KRIEGER LLP
By: e f 7rf
Signature: ' J 00,
Attachment 1, Page 15 of 35
EXHIBIT A
Scope of Services
Attachment 1, Page 16 of 35
ECIS
ENMONMBNT",COMPLIANCE IN.S11I'CTION SERVICES
Source Conird Sabidons
Data: July 18,2017
To: Mr. Joe Mankawich
Associate Engineer
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,California 92675
Re:Proposal to Provide Fats,Oils,and Grease Program(F.O.G.)&Food Service Establishment
NPDES Inspections Program services to the City of San Juan Capistrano.
Dear Mr.Mankawieh:
Environmental Compliance Inspection Services(SCIS)is pleased to present flus proposal to provide
Fats-Oils-Grease(FOG)Program&Food Service Establishment NPDES Inspections Program
Services to the City of San Juan Capistrano(City).
SCIS believes it is very qualified to provide these services given its nearly 17 years of past
performance;providing these services for many clients throughout the Orange County area,and
many years of service with the City.ECIS was the original provider of these services many years
ago when City was facing ever changing sewer regulations,and has continued to provide these and
other related services up until the present.
ECIS has reviewed the proposal and scope of work.ECIS is confident we are uniquely suited to
continue to offer the services requested in the proposal.
Thank you for the opportunity,please contact me anytime with any questions or comments.
Respectfully,
Jon C Kinley
President
ECIS
1
Attachment 1, Page 17 of 35
r
SCIS EMRONAMML COMPM NCH MSPECTIONUMCBs
Some CVMVW soludens
Table of Contents
A. COVER LETTER .................................................................................3
1.0 Company ................................................................................4
1.1 Services Provided ............................................................................................4
B. STATEMENT OF QUALIFICATIONS/REFERENCES....................................4
1.0 Project Administration/Management................................................4
2.0 Firm&Personnel Experience..........................................................5
3.0 References.......................................... ......................................6
C. SCOPE......,.................,...,..,...........,......,....,....,...,.........,.,......,.,.,.......8
1.0 Grease Control Device Inspections(GCDI).........................................8
2.0 FSE-NPDES Inspections-- ,.........................................................9
D. SCHEDULE.............................. . ...... ...............................................12
Appendix.A Insurance Certificate
Appendix B Gnivity Grease Interceptor Standard Drawing
Appendix C Current City of San Juan Capistrano Business License
2
Attachment 1, Page 18 of 35
ECIS MVMOIm EWAf.COWU4NClr m,,YPi c*z,rnvsMMEY
Soares Connnl Sobtd~
A. COVER LETTER
To: Mr.Joe t ittikawich,Associate Engineer.
Environmental Compliancc Inspection Services(SCIS)is located at 26 Dauphin,Dana Point,CA
92629. (949)481-8826,ECIS is a Sole Proprictorship and Jon Kinley is the sole principal.
Jon Kinley,President of ECIS will be your contact person and can be best reached at(949)279-
6578.
I certify that this Proposal shall remain valid for a period of 90 calendar days from the date of
submittal.
ECTS had not identified any exoeptions or modifications to the Professional Services Agreement.
I also declare that I personally will be committed to perfonning any and all tasks as stated
throughout the duration of the contract,and that this proposal was submitted in good faith without
collusion,and that I have the authority as President of ECIS to bind myself to the proposal and all
requirements.
Jon Kinley-F're id nt Date
3
Attachment 1, Page 19 of 35
A&
W
ECIS ENMONMENTAL COMPLUNCB INSPECTION SMWCES
Somme Control sofudonl
A. 1.0 COMPANY:
Environmental Compliance Inspection Services(SCIS)is pleased to present this proposal to the City
of San Juan Capistrano with the goal of continuing to provide a eomprohcnsive Fats-Oils-Grease
(FOG)Program and FSE-NPDES Inspections Program.SCIS was the initial design and
implementation contractor as City developed its FOG Ordinance begi,rni ng in 2002.It has been a
pleasure to work with City for many years since that time.We believe our past working relationship
with City,along with our excellent working knowledge of the sewer system and relationship with
City staff,coupled with our long standing relationship with the restaurapt community it serves will
continue to be an asset to the City.ECIS has continued to remain flexible to City needs over the
years as we implemented changes in response to the ever changing State Wastowator Discharge
Requirements and the Sewer System Management Plan.
A 1.1 SPRVICE5 PROVTDED:
ECIS services include,but are not limited to,providing a comprehensive FOG Program with
services including FOC}Plan Review,Grease Control Device Inspections,Grease Best Management
Practices Inspections,Food Service Establishment(FSE)NPDES Inspections,New Grease Control
Device Installation Inspections,FSE-FOG Classification inspections,onsite pro-constn,ction
meetings,public outreach and education and enforcement,and support forthe overall FOG/NPDES
Program.
13 - '1'ATi W—N—I"iT QCIAI.if�lC t�`I't }I�ISIIZCF[ RI:iYCF;S
1.0 Project AdmknistratkonMenagement
ECIS currently manages FOG&NPDES Inspections Programs for many Orange County cities and
water/sewer districts.Having also been the initial FOCI Program designer and implementer of their
FOG Ordinances,ECIS is able to draw from other agencies/cities experience and bring innovative
ideas and concepts to the on-going implementation of the City FOG Program as well.
ECIS will provide the following services as required:
4
Attachment 1, Page 20 of 35
Adikk
ECIS EMRONMENTAL COMPLIANCt4 iN.YP 'C7MO SERVICES
Soares Coe/rol Solations
1, FOG/NPDES Program Management including collection,orgnnirltion and management of
Data.
2. Report and inspection results summarization.
3. Database management and project coordination with City staff.
4. Manage inspection schedules for GCDI and NPDES inspections.
S. Monitoring and enforcement of OCDI/NPDES inspections.
6. Issuance and follow up of Notices of Non Compliance.
7. Conduct mcetings with City staff as needed in Field/provide Meld support.
8. Provide monthly reports and updates to City FOG/NPDES Program Manager.
9. Provide consultation and expertise to City FOG/NPDES Program Manager,
10. Provide as needed consultation to City Board at meetings.
11. Maintain GCDI/NPDES database inventories and information.
12. Moet with Contractor(s)if needed to assist with ordinance requirements.
14, Provide materials to FSE's as needed in coordination with GCDI/NPDES inspections.
r
2A. Firm&Personnel Experience
Jon Kinley
Project Manager
Jon Kinley is the Founder and President of SCIS, Mr. Kinley has more than 20 years' vxhcrience
managing FOG/NPDES Programs.
Mr.Kinley oversees all ECIS programs for its clients and is involved in all aspects of their
management and operation He provided recognized leadership and technical as well as field
inspection experience during a national FOC}research study for the Orange County Sanitation
District and County of Orange and has previously administered the OCSD FOG Program.He is a
member of the California Wastewater Environment Association(CWEA)and has hold a Grade 1
Environmental Compliance bspeetor certification with CWEA since 1998.
Current and past ECIS clients include,The City of Solana Beach,The City of Carlsbad,The City of
Oceanside,The City of San Clemente,The City of San Juan Capistrano,South Coast Water District,
The City of Dana Point,The City of Laguna Niguel,Moulton Niguel Water District,the City of
Laguna Beach,The City of Newport Beach,The City of Buena Park,The City of La Palma,The
City of Seal Beach,Midway City Sanitary District,The City of Cypress,Rossmoor-Los Alamitos
Area Sewer District,The City of Hermosa Beach,The City of Manhattan Beach.
Experience:
Project Manager,FOG/NPDES Program Consulting,Inspections,and Program Management,
Southern CA
5
Attachment 1, Page 21 of 35
ECIS ENVIRONMENTAL COMPL"NCE mSPEC l'1ON SERVICES
SoNAW coxfwSOWFORr
1. Has provided FOG/NPDES Program consultation and management for several
municipalities and sewer districts throughout Orange County.Program design and implesnwtation,
FOG Ordinance development,permit and fee development,establishing grease control device sizing
and installation criteria,inspection and enforcement procedures,database management,design and
development of program manuals and FOG specific information for restaurants.
2. Managed and oversaw thousands of FSE inspections in support of FOG/NPDES
Ordinances and programs.
3. Managed issuance and follow-up of thousands of non-compliance and enforcement
measures including tracking of all compliance verification activities.
4. Conducted hundreds of new grease control device Plan Reviews and onsito installation
inspections.
S. Coordination of privatelspecial sewer district FOCI Program impletneitial Ion with
cities/agencies including detailed negotiations with city staff regarding FOG Plan Review and device
installation and inspection
6. Provided FOG/NPDES Program support and technical program expertise for city
council or sewerlwater district staff/board meetings.
7. Routinely meets with sewer agency staff in field to provide technical expertise in the
event of an SSO(Sanitary Sewer Overflow)or other need.
Mr.Kinley will continue to serve as the FOG/NPDES Program Project Manager for both
the GCDI dt FSE-NPDES tasks.
3.0 FO(';/ PIES Program Inspections References
FOG
Customer Name: Soudi Coast Water District Conuict: Mr, Joe McDivitt/Dir. Operations
Phone: 949-499-4555
ECIS designed,developed and implemented the current FOG Program with SCWD beginning in
2002.ECIS established the FSE inventory database and conducted all FSE-FOG Classification
inspections in support of the database and subsequent additions to the FOG Program.
Beginning in 2008 ECIS implemented the current FSB-Groase Best Management Practices
inspections program.ECIS provided overall program implementation and management with SCWD
staff and also helped develop the FOG Binder/Poster/Training system and provided consultation at
several stakeholder meetings during program launch.ECIS also instituted the current FOG Plan
Review program component as part of the overall FOG Program
FOG
Customer Name: City of 'an 1jnierAe Contact; Mr. LQyBrotniqp jtil. SuaerviUor
Phone: 949-361-8253
6
Attachment 1, Page 22 of 35
ECIS ENVIRONMENTAL COMPLUNCB miss r.CTIONSERVIMS
Soares Conhnl Sobs ions
ECTS designed,developed and implemerrted the beginnings of the current FOG Program with CSC
beginning in 2002,ECIS established the FSE inventory database and conducted all FSE-FOG
Classification inspections in support of the database and subsequent additions to the FOG Program,
Beginning in 2004 ECIS implemented the current FSE-Grease Best Management Practices
inspections program.ECIS provided overall program implementation an&management with CSC
staff and also helped develop the FOG Binder/Posterrl'raining system and instituted the current FOG
Plan Review program component as part of the overall FOG Program,
FOG
Custornor Name: Moulto�uul Wuttr District. Contac Mr. Mark Moutttforti/i'enc:i Irl
EnjEincer
Phone: 949425-3555
ECIS designed,developed and implemented the current FOG Program with MNWD begiiWng in
2001.ECIS established the FSE inventory database and conducted all FSE-FOG Classification
inspections in support of the database and subsequent additions to the FOG Program,
Beginning in 2006 ECIS implemented the current FSE-Grease Best Management Practices
inspections program.ECIS provided overall program implomentation and mamigement with IVINWD
staff and also helped develop the FOG Binder/Poster/Training system and instituted the current FOG
Plan review program component as part of the overall FOG Program,
NPDES
Customer Name: City of Dana Pain Contact: Mrs. t_,isa Zawuski/_Water Quolity S cc_
Pliouc: 949-248-3584
ECIS designed,developed and implemented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2007. ECIS established the FSE inventory database and conducted all FSE-
NPDES inspections in support of the city NPDES/Water Quality Program.ECIS also conducts any
requimd/requcsted Commercial/Industrial Inspections.
NPDES
Customer Name: City of Laguna I,Fiauel Contnct: Mr, Erich List/Senior Planner
Phone: 949-362.4322
ECIS designed,developed and implemented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2008.ECIS established the FSE inventory database and conducted all FSE.
NPDES inspections in support of the city NPDES/Water Quality Program.ECIS also conducts all
7
Attachment 1, Page 23 of 35
APAP
W
ECIS EMMONMENTAL COMPLUNCE MSPECTIONSUAMES
Sonnce Con1ro1 Soladons
Commercial/Industrial TC-BMP(Treatment Control Best Management Practices)device inspections
to ensure all treatment devices are working correctly and in compliance with any WQMP(Water
Quality Management Plan requirements.
NPDES
Customer Name: City gf Ssn JtiLin Capistrano Contact: Mr. Joe Manlcawich/Assoc. EM ne_q
Phone: 949-487-4313
ECIS designed,developed and implcrnented the beginnings of the current FSE-NPDES Inspections
Program beginning in 2006.SCIS established the FSE inventory database and conducted all FSE-
NPDES inspections in support of the city NPI)ES/Water Quality Program SCIS in the past has also
conducted many Commercial/Industrial NPDES inspections and last year assisted the city with
follow up OCHCA(Orange County Health Care Agency)FSE violation inspections as well as
helped the city further classify their restaurant Trash Enclosure status.
C. ,COPE OF WQ
1.0 Grease Control Device Inspections-GCDI
ECIS has been inspecting both GGI's(Gravity Grosse Interceptors)and HGI's(Hydro-Mcobanical
Grease Interceptors)for City on and off for well over a decade,and as mentioned earlier was heavily
involved crafting the existing FOG Ordinance. At the inception of the FOCr Program ECIS also
provided the currently used Gravity Grease Interceptor Standard Drawing(see Appendix B)now
used by building department plan review staff. At one point ECIS also conducted all FSE-FOG Plan
Review for City. Currently there are more lids(Inspection Points)on the FOG/FSE database than are
actually inspected,and this number rises and falls over time as FSE's close or new FSE's come on-
Iine,
ECIS pioneered the practice of color coding the FSE's on its FOG database with the goal in mind to
make it easier to classify the FSE and determine whether or not it needed to be inspected during the
annual FSE-Grease Best Management Practices Inspections if applicable.The colors break the
FSE's down into four basic categories.Green colored FSE's are those with a properly sized and type
underground outdoor Gravity Grease Interceptor.Blue colored FSE's are those with a smaller either
underground or above ground Hydra-Mechanical Grease Interceptor. Red colored FSE's are those
that discharge negligible to no FOG and do not require a grease control device. Yellow colored
FSE's are those that need a grease control device and currently do not have one.Historically the
yellow colored FSE's on the FOG Database have been the biggest dischargers of FOG into City lines
and,at the recommendation of ECIS,have also been charged the highest FOG Permit Foe by other
agencies implementing an FSE-FOG Permit system. In the past SCIS also performed FOG Plan
Review to assist the city in ensuring the proper grease control device was installed.ECIS does not
currently provide this service.As part of the one-time fee SCIS also conducted up to two Grease
8
Attachment 1, Page 24 of 35
Ak
ECIS E WR01Vl1MMALCOMPLIANCBINSPECI'IONSERVICES
Source Control Solutlonx
Control Device Installation Inspections to ensure the device was installed per UPC/City code
requirements.
All ECIS Grease Control Device Inspections are thorough to support any potential enforcement
event(s).
ECIS will provide the following services as required for this task:
1. Conduct bi-annual on-site physical inspections of each Grease Control Device.
2, Determine amount of accumulated FOG in the device and inspect for overall device
operation and performance including the inspection of all internal plastic piping,removable
baffles)(HGI only)within the device.
3. Review maintenance logs and record the last known date of pumping and the pumping
service provider,
4. Review any pumping contractor receipts.
5. Document violations and issue Notice of Non Compliance if needed,
b, Discuss violations/compliance requirements/return inspection scheduling issues etc,
With FSE contact.
7. If needed photographic/video evidence is obtained.
8. If needed to assist City track down any issues ECIS can also check device Ph to ensure
effluent discharge limit prohibitions are in order.
9. On occasion a metal manhole lid(CGI only)is cracked or damaged by pumping
contractor or other reason and ECIS always notifies FSE contact so they can have issue repaired.
ECIS is prepared to give the FSE information on where/how to obtain a new manhole cover.This
makes for good relations with City and the restaurant community.
2,0 FSE-NPDES Inspections
ECIS proposes to perform annual on-site,FSE-NPDES inspections at all establishments listed
currently,or in the future,within the FOG Program database,
ECIS proposes to perform these inspections in accordance with all criteria as currently outlined in
the existing City of San Juan Capistrano-URBAN R U.NO 1,RESTAURANT INSPECTION FORM
This form shall be supplied to ECIS by City.
ECIS proposes to inform and give written roti t ication of all instances of Non-Compliance to the
affected estabbshment, and how to obtain compliance,as described within the URBAN RUNOFF
RESTAURANT INSPECTION FORM.
ECIS proposes to inform the City of all establishments found to be in Non-Compliance,with all
enforcement procedures beyond the established notification of non-compliance procedure(s)by
ECIS,to be City responsibility.
9
Attachment 1, Page 25 of 35
NOW
ECIS ENVMRONMEWAL COMPLUNCE rzvSM,.`[1700 SERVICES
Source Conow&Wow
ECIS proposes to inspect all FSE's that are non-compliant at the first inspection,one additional time
to verify compliance or non-compliance,Maximum number of inspections ECIS will perform per
FSE is two(2),SCIS proposes to inform City of all FSE's still in non-compliance after the second
ECIS inspection. City may elect to have ECIS perform additional inspections of non-compliant
FSE's past the normal maximum two inspections.ECIS proposes to re-inspect only those FSE's with
a major violation,such as rooftop grease exhaust fan violations,leaking grease barrel etc. All FSE's
receiving a notice of non-compliance for minor violation(s)will not be re-inspected by ECIS.SCIS
proposes to notify City of these FSE's with copies of the original NON's and on the Excel database.
ECIS will notify City of all FSE's given an NON for a major violation(s),and collaborate with
NPDES coordinator on which FSE's will receive an additional ECIS re-inspection.
ECIS proposes all FSE-NPDES inspections program information shall be contained within the
existing Excel FOG/NPDES Program Database.
ECIS proposes to contact City Water Quality/Code Enforcement personnel for all instances where
an immediate or imminent threat from a prohibited discharge to any part of the storm-drain,storm-
drain conveyance structures)-creek-watershed or other sensitive or potentially sensitive area is
occurring or is about to occur.For example,if ECIS finds an outdoor grease barrel that has tipped
over or is leaking and the discharge is entering a storm-drain,conveyance structure,creek or other
water-body,ECIS would instruct the FSE to immediately remedy the situation and ECIS would also
immediately contact City personnel.If ECIS were to find an area where there is heavy grease
staining from past spills,but there is no active or imminent discharge threat-ECIS would not contact
City personnel and would write up the FSE with a notice of non-compliance.
ECIS proposes to distribute all applicable and relevant material related to the program to all known
and/or affected establishments.
All return inspections due to non-compliance will carry a return inspection fee per the Fee Schedule.
SCOPE OF WORK:
ECIS proposes to inspect for the following at all FSE-NPDES Inspections:
T14AMING& CONNECTIONS:
1. Documented proof of any required employee training.
2. Storm-drain inlet labeling for all on-site storm-wtacr inlets/structures. (optional)Many
cities/agencies require all on-site storm-water conveyance structures to be labeled with a blue
stencil to the effect of"NO DUNTING-DRAINS TO OCEAN'.'Phew are similar to the
labels the city/agency use for city/agency structures.
3. Review facilities/property for illicit connections and/or illegal discharges.
10
Attachment 1, Page 26 of 35
Ak
SCIS EV;11R()IVUEi%+TAL COMPLIANCEINSPECTICNSERYICE4
Somme Control Sohdons
4. Inspect all on-site storm-drain conveyance structures to verify maintemnce/repair/upkeop.
Matey of these structures such as parking lot catch basins are filled with dirt/debris or the
internal plumbing structure is damaged.
5. Inspect for materials at hand for spill containment and cleanup and that employees aro tmined
in spill cleanup SOP's,
4 '1'1LkSli STORACrmISPOSAL ARF;AS:
1. Trash storage/disposal areas kept clean and regularly inspected.
2. Trash receptacles are in good condition and lids are closed. These trash bins often have holes
in them from age and use and leak trash and fluid all over ground.This runoff usually finds
its way to a nearby stone-drain.
3. Materials are at hand for trash cleanup such as absorbents or rags.
4. Trash enclosure area labeled. (ri ►tionaI Many cities require trash enclosure ansa to be
labeled with a red or blue stencil in English&Spanish to the effect of"KEEP DUIRSTER
AREA CLEAN-LIDS CLOSED"
5. Grease collection receptacic(s)clean,lids closed and surrounding area in good condition.
Check for secondary containment if required.
4 LOADING/UNLOADING AREAS:
1. Washing of kitchen mats in proper areas.Many times kitchen mats are washed outside in the
loading area that then drain to nearby storm-drains,These mats should be washed in a mop,
sink or other indoor area that drains to sanitary sewer,
2. Protection of storm-drain inlets downstream of loading/unloading areas.
3. Inspect for periodic cleaning said/or inspection of loading/unloading areas. Many times these
loading docks are full of trash,boxes and other debris that may impact nearby storm-drains
or sump pits that discharge to storm-drains. Industrial box crushers or trash compactors are
often present in these areas as well and due to lack of maintenance may leak fluid or spill
trash into surrounding area.
4 ouTY)00R ARVAS:
1. Drain wash areas to Sanitary Sewer.
2. Containment and proper disposal of wash water. SCIS will check to ensure that all wash
activities such as high-pressure or steam cleaning of outdoor areas wash-water is contained
and not allowed to flow off-site into a storm-drain.
3. Berm and cover equipment storage. Some material stoned on-site may flow into nearby
storm-drains during rain,SCIS will inspect to ensure that the material is covered and a berm
is placed around material to ensure containment.
4. Inspect and maintain equipment on rooftops.Under maintained rooftop gnmse exhaust fans
often spill food grease/oil onto the roof where it flows into roof drains and out into storm-
11
Attachment 1, Page 27 of 35
AW
ECIS ENMONAM AL COMPLUNCE INSI>r:CrrONSEMCgS
Soarrr C M&WS014dow
drains during rain, Historically,this has consistently been the number one reason for Non-
compliance.SCIS will inspect entire Grease Exhaust fan unit,including deflector shield and
overflow tray.
5. Inspect and clean rooftop of material and substances when allowable. ECIS will also inspect
the roof for over-all cleanliness.SCIS often finds open containers of roofing tar,
refrigeration.chemicals,or roof drains clogged with leaf litter or other debris.
6. Route roof drain downspouts to pervious areas.ECIS will inspect all downspouts to see if
they can be positioned to empty into a pervious area such as grass instead of flowing over
paved areas and out into storm-drains,
4 PARKING LOTS:
1. Locate trash containers in convenient locations.
2, No storage of other materials/equipment in parking areas.
3. Routine cleaning of parking and outside areas. ECIS will inspect the entire parking area of
an establishment to check for materials stored that may pose a potential storm-water hazard
and inspect to ensure that the parking lot is clean and free of excessive dirt/debris or other
pollutants.
4 LANDSCAPING:
1. Prevent spills,leaks,over application of chemical landscaping products.
2. Prevent over irrigation, This is quite common-ECIS will speak with owner/inanagcr of
facility if there appears to be a problem with irrigation equipment or over irrigation is
occurring.
3. Proper use,storage,and disposal of chemical landscaping products.
4, Periodic inspection/cleardng of grounds and landscaped areas.
OTHER BEST MANAGEMENT PRAC'UICES (BNtP'S):
1. Report significant spills to City and/or other agencies. ECIS will educate the facility about
who to call in the event of a significant spill or leak and give out relevant information.
�. Schedule
ECIS proposes to complete all required Bi-Annual Grease Control Device Inspections spaced out to
occur every 6 months and to begin at a city approved month once the contract is awarded.ECIS will
provide the updated Excel format inspections database to the City FOG Program Manager within
two weeks of the inspections program completion
12
Attachment 1, Page 28 of 35
APPA
ECIS MWI RONMBN oa COMPLGNCEVW.EC7'IONMMUCIES
Sow"CM*01 Sobrdonr
EaS proposes to complete the required Bi-Annual FSE-NPDES inspections spaced out to occur
every 6 months and to begin at a city approved month once the contract is awarded.SCIS will
provide the updated Excel£ortnat inspections database to the City FOG/NPDES Program Manager
within two weeks of the inspections program completion.
13
Attachment 1, Page 29 of 35
Aft
w
ECIS NN"R0NAOWTA COMPil"M INSPECTION JnVZCBS
siM M C^OW Sv&1*10
APPENDIX A
INSURANCE CERTIFICATE
14
Attachment 1, Page 30 of 35
AC'U6IGt>�]' CERTIFICATE OF LIABILITY INSURANCE I 'A
OWAWT
TH18 CIRWWATR Ml iSRUID At A IRATMN OF LNFOK 'TION ONLY AND CONMW NO MaHn UPON THE C&fftMCAT9 HOLDIDL THti
ClRTjF1CATE OOlts NOT APnRMATTYIM.Y Ort HS"TWUY AMANO, YltMM OR ALTER TH9 COVRRAOZK AFT RORD UY THU POMIM
GXLDW. TWX C%KTW4CATV OF WSURA9CB 000 MOfT CON1TTTfUTR A CONiRl1CT Iff WH1r7J TIM tt8UlN0 MUREK(n AUTHOREMD
NTAYWO OR PRODUCER,AND TH4 Ct+.RMCATC HOLDER.
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Un roar add cw wane eras NfY,aartaln pef(W nay rrgAv rn ondaro amarrt A atiftmed on 011 ocr Haab dors not cunl`Dr rights b ow
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Attachment 1, Page 31 of 35
ECiS ENv MAMENTAL COMPLUNCE mspi,crioN SER MES
Sam*CombWSoludow
Appendix B
Gravity Grease Interceptor Standard Drawing
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Attachment 1, Page 32 of 35
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Appendix C
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17
Attachment'1, Page 33 of 35
EXHIBIT B
Schedule of Charges/Payments
Consultant will Invoico City on a monthly cyclo. Consultant will Include with each Invo1w a
detained progress report that indicates the amount of budget spent on each task. Consultant
will inforat City regarding any out-of--scopo work ging performed by Consultant, This is a time-
and-matorlels contract.
Attachment"l, Page 34 of 35
Request for Proposals(RFP)for
FOG and FSE NPDES Inspectlon Program
Cttb of san,hien Caolstrano
EXHIBIT "B"
FEE PROPOSAL
Base Proposal
Item Description _ Quantity Unit Cost Total Total Cast
No. Annual for Two
Item Years
Cost
11 Grease Control i93 $17 /Lid $5,562 $13,124
Device Lida/Devices or Device
Inspection(2
times annually)
1.2 Annual Food 136 FSE's $80/FSE $21,760 $43,520
Service
Establishment
(FSE) NPDES
tnepection Fee (2
times annually)
Project Total - — ----f$28,322 $56,644
Total In Writing
The total Two(2)
year cost for the
program will be
Fifty six
thousand six
hundred forty
four dollars,
Option
Item Desorl tlon
2.1 Annual cost for additional years 3&4 $28,322
Total In Writing-The total annual cost for
additional yeare 3&4 will he Twenty eight
thousand throe hundred twenty two dollars.
Attachment 1, Page 35 of 35
ORDINANCE NO. 956
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS
FOR THE USE OF SANITARY SEWER FACILITIES BY FOOD
SERVICE ESTABLISHMENTS AND OTHER PRIVATE SYSTEMS
DISCHARGING TO THE PUBLIC SEWER.
WHEREAS, all persons discharging waste or proposing to discharge waste within the
State of California, where such wastes may affect the quality of waters of the state
within any region, may only do so in accordance with reporting and permitting
requirements determined in accordance with state law as established in the Porter
Cologne Water Quality Control Act, California Water Code Section 13000, et seq.;
WHEREAS, the Porter Cologne Water Quality Control Act implements the state's in-lieu
program for protection of water quality consistent with the requirements of the Federal
Water Pollution Control Act, 33 U.S.C.A., Section 1342(a) and 1342(b) ("Federal Clean
Water Act")(California Water Code Section 13160);
WHEREAS, the Regional Water Quality Control Board Region 9 ("RWQCB"), has met
the requirements for water quality planning through issuance of the Water Quality Plan
for the San Diego Basin (9), adopted on September 8, 1994 (the "Basin Plan"), and the
Basin Plan contains prohibitions applicable within the region, including prohibiting the
unauthorized discharge of treated or untreated sewage to waters of the state or to a
storm water conveyance system (which is a conduit to waters of the state);
WHEREAS, the RWQCB, acting in accordance with the Porter Cologne Water Quality
Control Act adopted Order 96-04, which is applicable to the City of San Juan Capistrano
("City") and other agencies owning, maintaining and controlling sewer collection
systems, and said order prohibits all discharge of sewage from sanitary sewer systems
at any point upstream of a sewage treatment plant ("Order 96-04");
WHEREAS, pursuant to Order 96-04, the RWQCB identified as primary causes of
sanitary sewer overflows blockages from fats, oils, grease, roots, and other system
failures associated with sewer collection systems;
WHEREAS, Order 96-04 requires the City to develop and implement a Sanitary Sewer
Overflow Prevention Plan to address the potential for sanitary sewer overflows;
WHEREAS, The State Waste Discharge Report requires that wastewater agencies
prepare and implement a fats, oils and grease source control (FOG) program to reduce
the amount of these substances discharged to the sewer collection system. This plan
shall include the legal authority to prohibit discharges to the system and identify
l` measures to prevent sewer system overflows (SSOs) caused by fats, oils, and grease
E 1 blockages of sewers. The elements of an effective FOG control program may include
1 0956
Attahment 2, Page 1 of 28
requirements to install grease removal devices (such as traps or preferably,
interceptors), design standards for the removal devices, maintenance requirements,
Best Management Practices (BMP) requirements, and record keeping and reporting
requirements. An effective FOG control program must also include authority to inspect
grease-producing facilities, enforcement authority, and sufficient staff or contractors to
inspect and enforce the FOG ordinance. Grease disposal alternatives should be
explored with the local wastewater treatment plant operator and/or private sector to
ensure that when FOG is removed from the point sources that a safe and reliable
system is in place to accommodate and properly handle the FOG.
WHEREAS, sanitary sewer overflows contain high levels of suspended solids,
pathogenic organisms, oil, grease and other pollutants, which can cause temporary
non-compliance with 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;
WHEREAS, the City Council finds that sewer overflow events within the City's public
sewer system are from time to time related to or caused directly by the introduction of
materials that block the collection system, including: fats, oils and grease from food
service establishments;
WHEREAS, pursuant to Article XI § 9 of the California Constitution, California Water
Code sections 13002, and Government Code Sections 38730, 38900, 54350 and
54739 the City has the authority to adopt ordinances relating to the provision of sanitary
sewer services and facilities and regulation of those service and facilities;
WHEREAS, pursuant to Article XI § 9 of the California Constitution and Health and
Safety Code Section 5470 et seq., the City has the authority to set rates and charges
applicable to the provision of sewer services;
WHEREAS, the City has previously promulgated rules and regulations governing the
discharge of wastewater to its public sewer system, which are embodied in Chapters 6
and 9 of Title 6 of the Municipal Code (Sewer Discharge Regulations) and Ordinance
No. 791, "Waste Water Discharge Pretreatment and Source Control Program"
("Pretreatment Regulations"),
WHEREAS, pursuant to Government Code Sections 54740, 54740.5 and 53069.4 the
City has the authority to assess civil penalties and enact administrative fines and
penalties for non-compliance with City pretreatment requirements and/or violations of
City ordinances;
WHEREAS, the City Council does therefore desire to supplement the Pretreatment
Regulations with specific requirements applicable to food service establishments to
control the discharge of fats, oils, and grease and reduce damage to the City's public
sewer systems and to the environment caused by sewer spills and for the protection of
the public health, safety, and welfare.
2 0956
Attahment 2, Page 2 of 28
NOW, THEREFORE, the City Council of the City of San Juan Capistrano does
hereby ordain as follows:
SECTION 1. Chapter 13 of Title 6 of the San Juan Capistrano Municipal Code is
hereby adopted to read as follows:
Chapter 13. SANITARY SEWER REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS
Section 6-13.01 Purpose and Policy.
(a) This chapter is established to facilitate the maximum beneficial use of the public
sewer by preventing the blockage of sewer lines and the occurrence of sewer
spills.
(b) This chapter establishes specific requirements for Food Service Establishments
(FSEs) and applies to direct and indirect discharges of wastewater or waste
containing Fats, Oils and Grease (FOG), which may alone or collectively cause
or contribute to accumulation of FOG in public sewer lines and cause or
contribute to the occurrence of sewer spills.
(c) This chapter allows the City and the users of its sewer facilities to comply with
federal, state and local standards applicable to the operation of the public sewer
system. These standards require the prevention of sewer spills, which may enter
the storm drain system and harm public health and safety and the environment.
(d) This chapter sets quality standards for activities of food service establishments
that contribute or have the potential to contribute wastewater and waste
discharges containing fats, oils and grease to the public sewer.
Section 6-13.02 Applicability.
(a) This chapter shall apply to owners of properties and operators of FSEs
connecting to the public sewer system by sewer lateral. The sewer lateral
installed from and within the structure served by the lateral to and including the
point of connection to the main line of the City is the responsibility of the owner,
occupant or operator of the FSE or other persons owning, managing or
controlling the property and/or FSE. Sewer laterals must be kept in good
condition and repair, and sewer laterals must be capable of delivering sewage to
the public sewer free from conditions that cause or contribute to overflows,
including but not limited to dirt, debris, root intrusions, FOG or other obstructions
t that block or have the potential to block the flow of wastewater into or within the
f public sewer system.
4
3 0956
Attahment 2, Page 3 of 28
(b) This chapter is applicable to Food Service Establishments and owners and users
of private sewer systems having the potential to discharge fats, oil and grease
(FOG) to the public sewer.
(c) Owners (or agents of owners) of single-parcel commercial properties with
multiple tenants (e.g. shopping mall or strip mall), which include one or more
FSEs, are subject to the provisions of this chapter.
Section 6-13.03 Definitions.
(a) Unless otherwise defined in this chapter, 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).
(b) Other terms not specifically defined in this chapter 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.
(c) Subject to the foregoing provisions, the following definitions shall apply in this
chapter:
Authorized Inspector. Shall mean a city employee, a consultant or other City
representative designated by the Utilities Director to provide inspection services
of the FOG program.
Best Management Practices (BMPs). Shall mean kitchen and general operations
practices for FSEs that establish schedules of activities, prohibitions or practices,
maintenance procedures, and other management practices to prevent or reduce
the introduction of FOG into the public sewer.
BMP Training. Shall mean FSE employee training conducted to educate
employees as to the requirements of this chapter and covering kitchen best
management practices and grease control requirements. FSE employee training
shall utilize the City's Program Information/Training Kit provided by the City to the
FSE.
Director. Shall mean the City's Utilities Director or his/her authorized designee or
another City representative as assigned by the City Manager.
Discharge Permit. Shall mean a general wastewater discharge permit issued to
the FSE for the control of FOG releases to the public sewer, which may be
issued following the FSEs application to the City and approval of that application. f
4 0956
Attahment 2, Page 4 of 28
The Utilities Director may from time to time include specific discharge
requirements in the Discharge Permit applicable to an individual FSE to reduce
FOG or the likelihood of FOG discharges to the public sewer.
Com. Shall mean the City of San Juan Capistrano, as the owner and/or operator
of the public sewer system serving the City of San Juan Capistrano.
Fats, Oil and Grease (FOG). Shall mean grease, fatty or oily substances, or
vegetable or animal products, used in or the byproduct of cooking or food
preparation processes, which result in insoluble waste that turns or may tum
viscous or solidifies with change in temperature or other conditions.
FSE Transfer of Ownership or Successor Owner. For purposes of this chapter,
transfer of ownership or successor owner shall mean a transfer by sale of 75% or
more of the controlling ownership interest in the business (whether owned by an
individual, partnership or corporate entity).
Food Grinder. Shall mean any device installed in the plumbing system for the
purpose of grinding food waste or food preparation byproducts for the purpose of
disposing it in the public sewer(e.g. garbage disposal).
Food Service Establishment (FSE or FSEs). Shall mean any restaurant, drive-
1 ? thru, cafeteria, store, commercial kitchen or any other establishment serving food
for consumption and operating for the purpose of storing, preparing, serving,
manufacturing, packaging, unpacking, displaying or otherwise handling food for
sale or distribution to the public, other entities, and other groups or persons. The
term FSE shall include any commercial establishment which has processes or
equipment that uses or produces FOG, grease vapors, steam, fumes, smoke or
odors that are required to be removed by a Type I or Type II hood, as defined in
California Uniform Retail Food Service Establishments Law(CURFFL), California
Health and Safety Code Section 113785. The term FSE shall include any
operation that changes the form, flavor or consistency of food for resale or other
distribution, assembles or hot holds food. The term FSE shall not include food
preparation activity in domestic homes.
Grease control device. Shall mean a grease interceptor or a grease trap, which
attaches to wastewater plumbing fixtures and lines for the purpose of trapping or
collecting FOG prior to discharge into the private lateral and/or the public sewer
system. Grease control device may also include any other proven method to
reduce fats, oils, and grease, subject to the approval of the City Utilities Director.
Grease interceptor. Shall mean a gravity grease interceptor, which is a three
compartment device that is generally located, according to the California
Plumbing Code, underground between a FSE and the connection to the public
sewer system. These devices are large (a minimum of 750 gallons) and primarily
use gravity to separate FOG from the wastewater as it moves from one
5 0956
Attahment 2, Page 5 of 28
compartment to the next. These devices must be cleaned, maintained, and have
the FOG removed and disposed of in a proper manner on a regular interval to
work effectively.
Grease trap. Shall mean a hydromechanical grease interceptor, which is a FSE
kitchen device for retaining grease that is much smaller than a grease interceptor
(generally 50 gallons). Grease Traps need to be emptied more often than Grease
Interceptors to be effective due to their small size.
Limited Food Preparation Establishment (LFPE). Shall mean an FSE that
engages only in beverage services and limited reheating of ready to eat food
products and as a result generates no wastewater discharge containing FOG
(e.g. specialty coffee houses).
New FSE. Shall mean an FSE that is new to the City's service area and did not
conduct business or operate as an FSE before April 1, 2009.
Public Sewer or Public Sewer System. Shall mean the main sewer or trunk sewer
dedicated to public use and located and constructed under a street, highway,
alley, place, right-of-way or easement of the City.
Remodeling. Shall mean a physical change or operational change to an FSE that
either: substantially increases the potential for Sanitary Sewer Overflows to
occur, exceeds a cost of $50,000, 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; and/or 4) any change in the size or type
of food preparation equipment.
Sewer Lateral or Private System. Shall mean that portion of private sewer pipe
connecting a building or group of buildings to the public sewer system such that
the building or group of buildings may receive sewer collection and treatment
services from the City's public sewer system. A sewer lateral is generally located
at an approximate right angle to the closest public sewer, is privately owned,
operated and maintained, and serves a given lot or parcel. The sewer lateral
includes the point of connection into the City's main line, which is the
responsibility of the private property owner or occupant.
Section 6-13.04 Discharge Prohibition.
(a) The owner, occupant or operator of any FSE or other persons owning, managing
or controlling private property are responsible for the maintenance and repair of
the sewer lateral installed from and within the structure served by the lateral to
and including the point of connection to the main line of the City. Sewer laterals
must be kept in good condition and repair, and sewer laterals must be capable of
delivering sewage to the public sewer free from conditions that cause or
6 0956
Attahment 2, Page 6 of 28
contribute to overflows, including but not limited to dirt, debris, root intrusions,
FOG or other obstructions that block or have the potential to block the flow of
wastewater into or within the public sewer system.
(b) No FSE shall discharge or cause to be discharged into the public sewer system
FOG that may accumulate and/or cause or contribute to blockages in the public
sewer or within the sewer lateral which connects the FSE to the public sewer.
I
(c) The following prohibitions shall apply to all FSEs;
(1) Disposal of waste cooking oil and/or spilled oils or greases into drain pipes
or drainage systems leading to the Sewer Lateral and/or the public sewer
system. All waste cooking oils shall be collected and stored in an internal
oil retention unit for all new FSE, or covered receptacles such as barrels
or drums for recycling or disposal in accordance with the requirements of
this chapter. If these receptacles are not maintained properly and
collection area has leaks, then the City could require the installation of an
internal oil retention unit and require the removal of any outdoor oil
retention receptacles.
(2) Discharge of wastewater with temperatures in excess of 140 degrees
Fahrenheit to any grease control device.
(3) Discharge of wastes from toilets, urinals, wash basins, and other fixtures
containing fecal materials to the sewer lines connecting to a grease
control device.
(4) Discharge of any waste containing FOG and solid materials removed from
a grease control device to the sewer lateral or lines leading to the public
sewer system. Grease removed from grease control device shall be waste
hauled periodically by a licensed hauler as part of proper operation and
maintenance requirements for grease control devices in accordance with
this chapter.
(5) Operation of a grease interceptor with FOG and solids accumulation
exceeding 25% of the design hydraulic depth (total operating depth) of the
grease interceptor.
(6) Operation of a grease interceptor that at any time contains floating
oil/grease in the final chamber, or sludge in any chamber that is within two
(2) inches of the discharge elbow; under such conditions the owner or
operator of the FSE shall have the grease interceptor serviced
immediately such that all fats, oils, grease, sludge, and other materials are
completely removed from the grease interceptor after which the grease
interceptor shall be refilled with cold water.
7 0956
Attahment 2, Page 7 of 28
(7) Maintenance of a grease interceptor in a manner that discharges grease
into private laterals, public sewers, storm drains, or the public right of way
or maintenance that fails to fully pump down the contents of the grease
interceptor.
(8) Installation of a new grease trap or operation of an existing grease trap in
a manner that limits operational effectiveness, e.g. trap is full of hardened
FOG.
(9) Installation of a new food grinder (garbage disposal) or operation of an
existing food grinder that is connected to a grease trap. At any time an
FSE submits for any improvements requiring a building permit, existing
food grinders must be removed.
(10) Dilution of waste oil, grease or FOG as a partial or complete substitute for
proper disposal.
(11) The introduction of additives into the FSE wastewater system for the
purpose of emulsifying FOG or biologically/chemically treating FOG for
grease remediation or as a supplement to interceptor maintenance, unless
specific written authorization is obtained from the Utilities Director.
Section 6-13.05 Discharge Permit.
(a) Each FSE connected or connecting via private lines or sewer lateral to the public
� I
sewer shall make application to the City for a Discharge Permit. All FSEs doing
business within the City's service area on or before May 1, 2009 shall submit an
application by July 1, 2009.
(b) New FSEs, and FSEs with a transfer of ownership or successor owner, shall
make application to the City and receive a Discharge Permit prior to discharging
wastewater directly or indirectly into the public sewer system.
(c) Upon receipt of an approved Discharge Permit, FSEs shall conduct their
operations and maintenance activities consistent with the requirements of this
chapter.
(d) FSEs operating under Discharge Permits shall make their place of business,
equipment, and operations available for inspection upon the request of an
Authorized Inspector.
(e) Discharge Permits shall be subject to all provisions of this chapter, and all other
regulations, charges for use, and fees established by the City. The conditions of
the Discharge Permit shall be enforced by the City in accordance with this
chapter, and applicable State and Federal regulations.
1
8 0956
Attahment 2, Page 8 of 28
(f) Discharge Permits shall be issued for three (3) year periods and shall be
renewed thereafter by application to the City. FSEs shall file an application with
the City for permit renewal at least sixty (60) days prior to the expiration date of
the current permit.
(g) The Discharge Permit application form and required information shall be as
established by the Utilities Director, and the same may be amended from time to
time. The Discharge Permit application shall be submitted with an application fee
as established by City Council resolution, and the same may be adjusted from
time to time to reflect all or a portion of the reasonable program costs of the City
related to FOG control from FSEs.
(h) Discharge Permit conditions shall be included within a general permit format as
developed by the Utilities Director.
(i) The Discharge Permit shall refer to the requirements of this chapter for FSEs.
FSEs shall be required to comply with the following requirements:
(1) Grease Control devices.
a. The proper configuration, operation and maintenance of grease
control devices pursuant to the latest established edition of the
California Plumbing Code.
� I
b. Required grease control device cleaning or pumping frequency.
The FSE may request that the Utilities Director or Authorized
Inspector issue a revised cleaning or pumping schedule for grease
control devices where it can be shown that the change in frequency
will not cause or contribute to non compliance with a Discharge
Permit or the requirements of this chapter.
C. To keep, compile and submit to the Authorized Inspector a record
or log listing regular removal of FOG from grease control devices
for the previous twelve (12) months. Grease disposal logs and
supporting manifests and invoices shall be retained by the FSE on-
site for a period of three (3)years.
(2) 'Waste_[ill (Yellow Grease) Collection for R@cycling or Disposal.
a. To keep, compile and submit to the Authorized Inspector a record
or log listing regular waste oil (yellow grease) collection by a
licensed hauler for the previous twelve (12) months. Waste oil
collection logs and supporting manifests and invoices shall be
t retained by the FSE on-site for a period of three (3) years.
i
9 0956
Attahment 2, Page 9 of 28
b. Required cleaning or pumping frequency for waste oil (yellow
grease) barrels or drums. The FSE may request that the Utilities
Director or Authorized Inspector issue a revised pumping schedule
for waste oil (yellow grease) collection, where it can be shown that
the change in frequency will not cause or contribute to non
compliance with a Discharge Permit or the requirements of this
chapter.
C. Maintaining waste oil (Yellow Grease) collection area clean and
free of leaks and debris. FSEs are required to maintain areas
where waste oil is stored clean and free of leaks. In case such
areas are not maintained, the City shall issue a notice of non-
compliance and require that FSE cleans up area and maintain it
clean and leak free. If a second notice of non compliance is issued,
and area is still not being maintained, then FSE will be required to
install an internal oil retention unit and remove all outdoor storage
of waste oil.
(3) Kitchen Best Management Practices and BMP Training for Employees.
a. To conduct employee BMP Training. Employees with regular duties
in food handling and preparation, kitchen duties, clean up and/or
maintenance duties must receive BMP Training at the time of hire
and at least annually thereafter. New hire employees must receive
BMP Training within 1 month of the date of hire. FSEs utilizing
outside services for clean up and after hours maintenance must
require vendors and contractors to conduct BMP Training for all
contracted employees providing services at the site of the FSE on
the same training schedule.
b. To keep, compile and submit to the Authorized Inspector a record
or log documenting employee BMP Training. The log shall
document employee BMP Training occurring over the previous
twelve (12) months and shall be retained by the FSE on-site for a
period of three (3) years.
(4) Implementation of kitchen best management practices (BMPs), as follows:
a. Trash Disposal. Dispose of food waste and fatty scraps into the
trash or garbage bin, not down the sink. Use plastic trash bags to
prevent leaks and odor. Double-bag waste that has the potential to
leak in trash bins. Make sure trash bins are covered at all time,
when not in use and call trash hauler if bin is leaking. Contact solid
waste hauler to replace bin if lid is damaged. _l
I
I �
10 0956
Attahment 2, Page 10 of 28
l
b. Pre-Wash. Dry wipe or scrape pots, pans, dishware, floor mats and
work areas to remove grease and food scraps before washing and
dispose in trash.
C. Use of Drain Screens. Install removable screens on all drainage
pipes in food preparation areas. Keep screens in sink and floor
drains clean and in good repair. Dispose of removed solids in trash,
not down the drain.
d. Yellow Grease Disposal. Dispose of grease and oil from cooking
equipment (pots, pans and fryers) by pouring waste oil and yellow
grease into covered containers (drums, barrels) for storage and
recycling, or use internal oil retention unit. Internal oil retention
units could be hard plumbed to pump oil or oil can be pumped with
a mobile pumping mechanism. All new FSEs are required to install
an internal oil retention unit. Internal oil retention units are usually
equipped with a pipe to the outside, from which a company can
pump the content of the unit. Provide secondary containment to
capture any liquid grease or oil that may spill from the primary
container. Use a licensed waste hauler or recycling facility to
dispose of liquid grease and oil before the container is full.
e. Mat Cleaning. Clean and wash floor mats in a utility mop sink.
Empty mop water into a sink or drain connected to a grease
interceptor, if present. Do not empty mop or wash water into storm
drains.
f. Hood Cleaning. Clean hoods and filters as frequently as necessary
to maintain good operating condition. Use a licensed waste hauler
to dispose of wastewater collected from cleaning hoods and filters.
g. Grease Trap Cleaning. Existing grease traps shall be cleaned as
frequently as necessary to keep them free of food residues and
hardened FOG. Inspect grease traps for leaking seams and pipes.
h. Spill Prevention. Place absorbent materials, such as paper towels
or pads, under fryer baskets and other areas where grease may
drip or spill during cooking, frying or during the transfer of grease to
storage or disposal containers.
i. Spill Kits. Maintain a spill kit accessible for use of employees,
including absorbent pads, kitty litter or equivalent absorbing
material, and paper towels. Require the use of the spill kit to clean
up spilled FOG.
� tl
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j. Super Hot Water. Do not pump water hotter than 140 degrees
Fahrenheit through a grease control device.
k. Roof vent grease absorption pads (diapers) All new FSEs must
install a grease absorption pad around hood vent on roof in order to
capture any grease blown on the roof. FSE must maintain and
replace pad as specified by the manufacturer or as directed by the
Authorized Inspector.
I. Employee Training Posters. Post signs provided by City to show
kitchen best management practices (BMPs) in food preparation,
dishwashing and maintenance areas.
(j) In addition to the other requirements of this chapter, the Utilities
Director or the Authorized Inspector may from time to time establish
discharger specific requirements for individual FSE Discharge
Permits to the extent the same will reduce or have the potential to
reduce or control FOG. Requests for Discharge Permit changes
generated by the FSE shall be made in writing to the Utilities
Director.
(k) The Utilities Director may from time to time revise the requirements
of the general Discharge Permit form used by the City where such
modification is appropriate to further the objectives of this chapter.
FSEs holding existing Discharge Permits shall receive at least forty-
five (45) days advanced written notice of changes in the form of the
general Discharge Permit affecting terms or conditions. If the
change to an existing Discharge Permit is the result of an
Authorized Inspector's evaluation of the FSE for permit non-
compliance, then the FSE shall receive fourteen (14) days
advanced notice of the Discharge Permit revision.
(1) FSEs operating under Discharge Permits shall dispose of all
wastewater, accumulated FOG, yellow grease, floating materials,
sludge or solid wastes in accordance with the requirements of this
chapter and other federal, state and local laws and regulations.
(m) In the event that City video monitoring of the connection point of the
sewer lateral to the public sewer indicates that FSE FOG discharge
is causing or contributing to build up of FOG inside the sewer
lateral where it has discharged or has the potential to discharge to
the public sewer, or in the event that an FSE fails to comply with
the Prohibitions of this chapter or a Discharge Permit issued by the
City, then the Utilities Director shall have the authority to modify the
Discharge Permit to require the installation of a City approved
grease interceptor.
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i
(n) Discharge Permits are not transferable to a new or successor
owner of the FSE, and a new application must be placed on file,
approved by the City and issuance of a new Discharge Permit must
be obtained prior to the operation of the FSE under new or
successor ownership.
Section 6-13.06 New FSEs, Remodeling FSEs and Transfers of Ownership.
(a) New FSEs, Remodeling FSEs and FSEs with a transfer of ownership or
successor owner or change of type of FSE's food served or FSE's name even if
under same ownership, shall, prior to commencing business or operations within
the City, install a grease control device sized and designed in accordance with
the requirements of the California Plumbing Code. Grease control device
installation and related construction shall be subject to inspection by the City
prior to operation.
(b) New grease control devices shall be reviewed by submission to the Utilities
Director of facility site plans, mechanical and plumbing plans, with details to show
all water meter and sewer connections, grease control devices, or other
proposed pretreatment equipment and appurtenances by size, location and
elevation, and such other information and documentation as may be required by
the Utilities Director. The grease control device plan shall be approved by the
City prior to installation and connection to the public sewer. The City has a
minimum size grease interceptor of 750 gallons.
(c) New FSEs, Remodeling FSEs and FSEs with a transfer of ownership are not
permitted to install or continue utilizing Grease Traps or Food Grinders and the
Utilities Director shall require the removal of Grease Traps and Food Grinders.
(d) The Utilities Director shall determine the criteria applicable to the City's review of
new grease control devices, which may include: the type of FSE; the volume of
projected business, meals, seats and hours of operation; the peak flow of
discharge; the size and nature of the facility (including the kitchen and fixtures);
the potential for grease-laden discharges; the location of the facility and its point
of connection to the public sewer; any prior history of non-compliance with this
chapter from the same location; other factors related to efficiency or
effectiveness of the new grease control device and the proposed location.
(e) The Utilities Director may from time to time require a sanitary tee location in a
sample box on the discharge side.
(f) The Utilities Director may from time to time require the installation of a dedicated
water meter in addition to other requirements for the installation for the new
I grease control device. New grease control device installations shall also require
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one or more cleanout(s) installed on the private lateral in location(s) approved by
the Utilities Director in conjunction with plan review.
(g) The Utilities Director may from time to time consider requests for variance or
waiver of the requirements of this chapter for the installation of new grease
control devices if the FSE can demonstrate that: (i) a proven alternative
treatment technology is available and capable of observation under specific
Discharge Permit requirements approved by the City; or (ii) that a negligible
grease discharge will be released from the FSE and it will not cause or contribute
to FOG accumulation in the public sewer and the FSE is otherwise capable of
compliance with the requirements of this chapter, including the Prohibitions and
Discharge Permit requirements; or (iii) the FSE can demonstrate that the
installation of a grease control device is not feasible because there is inadequate
space and the FSE is otherwise capable of compliance with the requirements of
this chapter, including the Prohibitions and Discharge Permit requirements. The
burden of the variance or waiver demonstration is on the requesting FSE and is
subject to review and approval by the Utilities Director taking into consideration
the whole of the requirements of this chapter and its purpose.
Section 6-13.07 Commercial Property Owners (Single Parcel, Multiple
Tenants).
I
Owners (or their agents) of single-parcel commercial properties with multiple tenants
(e.g. shopping mail or strip mall), which include one or more FSEs, shall:
(a) Require that grease interceptors, grease traps or other grease control device
serving existing FSEs within the property are operated and maintained in
accordance with the requirements of this chapter, and that the tenant FSE has
obtained a Discharge Permit.
(b) Notify tenants with New FSEs, Remodeling FSEs or transfers of ownership of the
requirements for installation and maintenance of a grease control device under
this chapter.
(c) Properly inspect, clean and maintain private laterals that connect tenants and the
commercial property to the public sewer to reduce or eliminate the likelihood of
sewer overflows from the property and/or the introduction of FOG into the public
sewer.
(d) Notify the Utilities Director within 24 hours, 1 business day, of sewer overflows on
private property.
(e) Notify the City as soon as possible of any sewer overflow on private property that
cannot be immediately stopped, contained and prevented from entering the
public street, gutters or storm drains. City's Utilities department will report the
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private spill to the Orange County Health Department and/or the RWQCB, the
Environmental Division Manager and any other appropriate or required party.
Section 6-13.08 Existing FSEs.
All FSEs in the City are required to implement BMPs as identified in this chapter. All
FSEs are required to remove food grinders by June 1, 2010.
Section 6-13.09 Enforcement.
(a) General Procedure.
(1) To ensure that all interested parties are afforded due process of law and
that violations are resolved as soon as possible, the general policy of the
city is that any determination relating to a notice of violation and
compliance schedule order (CSO) will be made by the Director upon
information provided by the Authorized Inspector, with a right of appeal by
the affected party to the City Council pursuant to the procedures set forth
in this section.
(2) The City, at its discretion, may utilize any one, a combination, or all
enforcement remedies provided in this Code in response to any permit
violation or other violation of this chapter.
(b) Determination of Noncompliance with Discharge Permit Conditions.
(1) Sampling and Inspection Procedures.
(A) Sampling and inspection of FSEs shall be conducted in the time,
place, manner, and frequency determined at the sole discretion of
the Authorized Inspector.
(B) Noncompliance with permit conditions, or any provision of this
chapter may be determined by an Authorized Inspector of a grease
control device and associated manifest(s) and documentation;
analysis of a grab or composite sample of the effluent of a FSE; or
by other information relating to the operations of or discharge from
a FSE.
(C) Any sample taken from a designated sample point shall be
considered to be representative of the discharge to the public
sewer.
(2) Noncompliance Fee. Any permittee determined to be in noncompliance
lwith the terms and conditions specified in its permit or with any provision
of this chapter shall pay a noncompliance fee. The purpose of the
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noncompliance fee is to compensate the city for costs of additional
inspection and follow-up, sampling, monitoring, laboratory analysis,
treatment, disposal, and administrative processing incurred as a result of
the noncompliance, and shall be in addition to and not in lieu of any
penalties as may be assessed pursuant to subsections 0) and (k) of this
section. Noncompliance fees shall be in the amount adopted by ordinance
or resolution of the City Council.
(c) Compliance Schedule Order(CSO).
(1) Upon determination that a permittee is in noncompliance with the terms
and conditions specified in its permit or any provision of this chapter, or
needs to construct and/or acquire and install a grease control device or
grease interceptor, the Director may issue to the permittee a CSO.
(2) The CSO may contain terms and conditions including but not limited to
requirements for installation of a grease control device, grease interceptor
and facilities, submittal of drawings or reports, audit of waste hauling
records, best management and waste minimization practices, payment of
fees, or other provisions to ensure compliance with this chapter.
(3) If compliance is not achieved in accordance with the terms and conditions
of a CSO during its term, the Director may issue an order suspending or
revoking the applicable discharge permit pursuant to subsection (d) or (e)
of these regulations.
(d) Permit Suspension.
(1) The Authorized inspector may suspend any permit when it is determined
that a permittee:
(A) Fails to comply with the terms and conditions of a CSO;
(B) Knowingly provides a false statement, representation, record,
report, or other document to the city;
(C) Refuses to provide records, reports, plans, or other documents
required by the City to determine permit terms or conditions,
discharge compliance, or compliance with this chapter;
(D) Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method;
(E) Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring;
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(F) Does not make timely payment of all amounts owed to the City for
user charges, permit fees, or any other fees imposed pursuant to
this chapter;
(G) Causes interference, a sewer blockage, or a sewer overflow in the
sewer system;
(H) Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of this
chapter.
(2) When the Authorized Inspector has reason to believe that grounds exist
for permit suspension, he/she shall give written notice thereof by certified
mail to the permittee setting forth a statement of the facts and grounds
deemed to exist, together with the time and place where the charges shall
be heard by the Director. The hearing date shall be not less than fifteen
(15) calendar days nor more than forty-five (45) calendar days after the
mailing of such notice.
(A) At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the Director.
` (B) If the Director designates a hearing officer, after the conclusion of
the hearing, the hearing officer shall submit a written report to the
Director setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions and a
recommendation.
(C) Upon receipt of the written report of the hearing officer or
conclusion of the hearing, if the Director conducts the hearing, the
Director shall make his/her determination and should he/she find
that grounds exist for suspension of the permit, he/she shall issue
his/her decision and order in writing within thirty (30) calendar days
after the conclusion of the hearing. The written decision and order
of the Director shall be sent by certified mail to the permittee or its
legal counsel/representative at the permittee's business address.
(3) Effect of Permit Suspension.
(A) Upon an order of suspension by the Authorized Inspector or
Director becoming final, the permittee shall immediately cease and
desist its discharge and shall have no right to discharge any
wastewater containing FOG directly or indirectly to the public sewer
for the duration of the suspension. All costs for physically
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i
terminating and reinstating sewer service shall be paid by the
permittee.
(B) Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
(C) An order of permit suspension issued by the Authorized Inspector
or Director shall be final in all respects on the sixteenth (16th) day
after it is mailed to the permittee unless a request for hearing with
the Director, or in the case of an order by the Director, the City
Council, is filed with the City Clerk pursuant to subsection (1) of this
section no later than 4:30 p.m. on the fifteenth (15th) day following
such mailing.
(e) Permit Revocation.
(1) The Director may revoke any permit when it is determined that a
permittee:
(A) Knowingly provides a false statement, representation, record,
report or other document to the city;
(B) Refuses to provide records, reports, plans, or other documents
required by the city to determine permit terms, conditions,
discharge compliance or compliance with this chapter;
(C) Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method;
(D) Fails to comply with the terms and conditions of a permit
suspension or CSO;
(E) Discharges effluent to the sewer system while its permit is
suspended;
(F) Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring;
(G) Does not make timely payment of all amounts owed to the city for
user charges, permit fees, or any other fees imposed pursuant to
this chapter;
(H) Causes interference, a sewer blockage, or an sewer overflow in the
sewer system; FI
p 18 0956
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(1) Violates grease interceptor maintenance requirements, any
condition or limit of its FOG wastewater discharge permit or any
provision of this chapter.
(2) When the Authorized Inspector has reason to believe that grounds exist
for the revocation of a permit, he/she shall give written notice by certified
mail thereof to the permittee setting forth a statement of the facts and
grounds deemed to exist together with the time and place where the
charges shall be heard by the Director. The hearing date shall be not less
than fifteen (15) calendar days nor more than forty-five (45) calendar days
after the mailing of such notice.
(A) At the revocation hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with the procedures established by the city
administrator.
(B) If the Director designates a hearing officer, after the conclusion of
the hearing, the hearing officer shall submit a written report to the
Director setting forth a brief statement of facts found to be true, a
determination of the issues presented, conclusions and a
recommendation.
(C) Upon receipt of the written report of the hearing officer, or
conclusion of the hearing, if the Director conducts the hearing, the
Director shall make his/her determination and should he/she find
that grounds exist for permanent revocation of the permit, he/she
shall issue his/her decision and order in writing within thirty (30)
calendar days after the conclusion of the hearing. The written
decision and order of the Director shall be sent by certified mail to
the permittee or its legal counsel/representative at the permittee's
business address.
In the event the Director determines to not revoke the permit, he/she may
order other enforcement actions, including, but not limited to, a temporary
suspension of the permit, under terms and conditions that he/she deems
appropriate.
(3) Effect of Revocation.
(A) Upon an order of revocation by the Director becoming final, the
permittee shall permanently lose all rights to discharge any
f- wastewater containing FOG directly or indirectly to the public
} sewer. All costs for physical termination of sewer service shall be
paid by the permittee.
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Attahment 2, Page 19 of 28
3
(B) Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
(C) Any future application for a permit at any location within the City by
any person associated with an order of revocation will be
considered by the City after fully reviewing the records of the
revoked permit, which records may be the basis for denial of a new
permit.
(D) An order of permit revocation issued by the Director shall be final in
all respects on the sixteenth (16th) day after it is mailed to the
permittee unless a request for hearing with the City Council is filed
with the city clerk pursuant to subsection (1) of this section no later
than 4:30 p.m. on the fifteenth (15th)day following such mailing.
(f) Damage to Facilities or Interruption of Normal Operations.
(1) Any person who discharges any waste and/or wastewater which causes or
contributes to any sewer blockage, sewer overflow, obstruction,
interference, damage, or any other impairment to the public sewer
facilities or to the operation of those facilities shall be liable for all costs
incurred to clean or repair the facilities together with expenses incurred by
the City to resume normal operations, including all City overhead
expenses related to the event. The total amount shall be payable within i
p pY
forty-five (45) days of invoicing by the City.
(2) Any person who discharges waste and/or wastewater to the sewer system
which causes or contributes to the City violating discharge requirements
established by any regulatory agency shall be liable for any costs or
expenses incurred by the City as a result, including but not limited to
regulatory fines, penalties, and assessments made by such other
regulatory agencies or a court.
(g) Public Nuisance. The discharge of waste and/or wastewater in any manner in
violation of this chapter or of any order issued by the Authorized Inspector or
Director, as authorized by this chapter, is declared a public nuisance and may be
corrected or abated as directed by the Authorized Inspector or Director. Any
person creating a public nuisance is guilty of a misdemeanor and may be
prosecuted pursuant to Chapter 2 of Title 1 of this Code.
(h) Termination of Service.
(1) The city, by order of the Director, may physically terminate sewer service
to any property as follows: rV�l
l �
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(A) On a term of any order of suspension or revocation of a permit; or
f
9 (B) Upon the failure of a person not holding a valid discharge permit to
immediately cease the discharge, whether direct or indirect, to the
public sewer facilities after the notice and process in accordance
with subsection (e)(2)of this section.
(2) All costs for physical termination shall be paid by the owner or operator of
the FSE or permittee as well as all costs for reinstating service.
(i) Emergency Suspension Order.
(1) The City may, by order of the Director, suspend sewer service when the
Director determines that such suspension is necessary in order to stop an
actual or impending discharge which presents or may present an imminent
or substantial endangerment to the health and welfare of persons, or to
the environment, or may cause an sewer overflow, sewer blockage,
interference to the public sewer system, or may cause the City to violate
any state or federal law or regulation. Any discharger notified of and
subject to an emergency suspension order shall immediately cease and
desist the discharge of all waste and/or wastewater containing FOG to the
sewer system.
I
(2) As soon as reasonably practicable 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 Director shall hold a hearing
to provide the FSE or permittee the opportunity to present information in
opposition to the issuance of the emergency suspension order. Such a
hearing shall not stay the effect of the emergency suspension order. The
hearing shall be conducted in accordance with procedures established by
the Director. The Director shall issue a written decision and order within
two (2) business days following the hearing, which decision shall be sent
by certified mail to the FSE or its legal counsel/representative at that
FSE's business address. The decision of the Director following the hearing
shall be final and not appealable to the City Council, but shall be subject to
judicial review pursuant to subsection (n) of this section.
(j) Civil Penalties.
(1) All users of the public sewer system are subject to enforcement actions
administratively or judicially by the City, U.S. EPA, State of California
Regional Water Quality Control Board or the County of Orange. Such
actions may be taken pursuant to the authority and provisions of several
1 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
se (2) California Porter-Cologne Water Quality Control Act (California
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Attahment 2, Page 21 of 28
i
Water Code Section 13000 et seq.); (3) California Hazardous Waste
Control Law (California 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) California Government Code, Sections
54739-54740.6.
(2) 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 such violation can be established by the City as caused by
the discharge of any user of the public sewer system which is in violation
of any provision of this chapter or the user's permit, the city shall be
entitled to recover from the user all costs and expenses, including, but not
limited to, the full amount of such fines or penalties to which it has been
subjected.
(3) Pursuant to the authority of California Government Code Sections 54739
through 54740, any person who violates any provision of this chapter; any
permit condition, prohibition or effluent limit; or any suspension or
revocation order shall be liable civilly for a sum not to exceed twenty-five
thousand dollars ($25,000.00) per violation for each day in which such
violation occurs. Pursuant to the authority of the Clean Water Act, 33
U.S.C. Section 1251 et seq., any person who violates any provision of this
chapter, or any permit condition, prohibition, or effluent limit shall be liable
civilly for a sum not to exceed twenty-five thousand dollars ($25,000.00)
per violation for each day in which such violation occurs. The City
Attorney, upon request of the City Manager, shall petition the Superior
Court to impose, assess, and recover such penalties, or such other
penalties as the city may impose, assess, and recover pursuant to federal
and/or state legislative authorization.
(4) Administrative Civil Penalties. Pursuant to Chapter 7 of Title 1 of this
Code, the City may issue an administrative citation to any person who
violates any provision of this chapter,any permit condition or prohibition, or
any suspension or revocation order.
(k) Criminal Penalties. Any person who violates any provision of this chapter is guilty
of a misdemeanor, which upon conviction is punishable by a fine not to exceed
one thousand dollars ($1,000.00), or imprisonment for not more than one (1)
year, or both. Each violation and each day in which a violation occurs shall
constitute a new and separate violation of this chapter and shall be subject to the
penalties contained in this chapter.
(1) Appeals to the City Council.
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(1) Any FSE, permit applicant, or permittee or person adversely affected by a
decision, action, or determination made by the Authorized Inspector or
Director may, prior to the date that the order becomes final, file with the
city clerk a written request for hearing before the City Council
accompanied by an appeal fee in the amount established by a separate
ordinance or resolution of the City Council. The request for hearing shall
set forth in detail all the issues in dispute for which the appellant seeks a
determination and all facts supporting appellant's request.
No later than forty-five (45) days after receipt of the request for hearing,
the City Council shall either set the matter for a hearing, or deny the
request for a hearing.
A hearing shall be held by the City Council within thirty (30) days from the
date of determination granting a hearing, unless a later date is agreed to
by the appellant and the City Council. If the matter is not heard within the
required time, due to actions or inactions of the appellant, the order shall
be deemed final.
(2) The City Council shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or
deny the request for a hearing on appeals of other decisions of the
Director shall be within the sole discretion of the City Council.
(3) The appeal fee shall be refunded if the City Council denies a hearing or
reverses or modifies, in favor of the appellant, the order of the Director.
The fee shall not be refunded if the City Council denies the appeal.
(4) After the hearing, the City Council shall make a determination whether to
uphold, modify, or reverse the decision, action, or determination made by
the Director.
The decision of the City Council shall be set forth in writing within thirty
(30) days after the close of the hearing and shall contain findings of the
facts found to be true, the determination of issues presented, and the
conclusions. The written decision and order of the City Council shall be
sent by certified mail to the appellant or its legal counsel/representative at
the appellant's business address.
The order of the City Council shall be final upon its adoption. In the event
the City Council fails to reverse or modify the Director's order, it shall be
deemed affirmed.
(m) Payment of Charges.
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Attahment 2, Page 23 of 28
(1) Except as otherwise provided in this Code, all fees, charges and penalties
established by these regulations are due and payable upon receipt of
notice thereof. Accounts shall become delinquent if not paid within thirty
(30) days of the date of mailing, or if personally delivered, the date of
delivery. Any action for collection may include an application for an
injunction to prevent repeated and recurring violations of this chapter.
(2) Any invoice outstanding and unpaid after ninety (90) days shall be cause
for immediate initiation of permit revocation proceedings or immediate
suspension of the permit.
(3) Penalties charged under this section shall not accrue to those invoices
successfully appealed, provided the City receives written notification of the
successful appeal prior to the payment due date. However, payment of
disputed charges is still required by the due date during City review of any
appeal submitted by permittees.
(n) Judicial Review.
(1) Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
City enacts this part to limit to ninety (90) days following final decisions in
adjudicatory administrative hearings the time within which an action can
be brought to review such decisions by means of administrative
mandamus.
(2) Definitions. As used in this section, the following terms and words shall
have the following meanings:
(A) "Decision" means and includes adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit.
(B) "Complete record" means and includes the transcript, if any exists,
of the proceedings, all pleadings, all notices and orders, any
proposed decision by the city's officers, agents, or employees, the
final decision, all admitted exhibits, all rejected exhibits in the
possession of the City or its officers, agents or employees, all
written evidence, and any other papers in the case.
(3) Time Limit for Judicial Review. Judicial review of any decision of the City
or its officers or agents may be made pursuant to Section 1094.5 of the
Code of Civil Procedure only if the petition for writ of mandate is filed not
later than the ninetieth (90th) day following the date on which the decision
becomes final. If there is no provision for reconsideration in the
procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision
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I
for reconsideration, the decision is final upon the expiration of the period
during which such reconsideration can be sought; provided that if
reconsideration is sought pursuant to such provision the decision is final
for the purposes of this section on the date that reconsideration is
rejected.
(4) The complete record of the proceedings shall be prepared by the City
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. The City may recover from the petitioner its actual costs for
transcribing and otherwise preparing the record.
(5) If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final, the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on
which the record is either personally delivered or mailed to the petitioner
or the petitioner's attorney of record, if appropriate.
(6) In issuing a final decision, the city shall provide notice to the party that
Section 1094.6 of the Code of Civil Procedure governs the time within
which judicial review must be sought.
(7) The judicial review provisions of this section shall not apply to citations
issued pursuant to Chapter 7 of Title 1 of this Code, which citations shall
be governed by that Chapter and Title of the Code.
SECTION 2. CALIFORNIA BUILDING STANDARDS LAW FINDINGS.
Pursuant to the provisions of the California Building Standards Law, California Health
and Safety Code Sections 18941.5, 17958, 17958.5 and 17958.7, the city council finds
that the amendments to the State Building Standards and Housing Laws, more
particularly the California Plumbing Code, adopted in this chapter are necessary
because of climatic, geological or topographical conditions of property in the city's
jurisdiction, and as more specifically described below.
(a) The regulations adopted by this Ordinance modify the authority and discretion of the
"Administrative Authority' of the California Plumbing Code by requiring all food service
establishments to install and operate a grease control device, which may be a grease
interceptor or grease trap, if no other device, mechanism, or process is found to
successfully trap or collect or treat FOG prior to it being discharged into the sewer
system.
(b) The regulations adopted by this Ordinance modify the general maintenance
requirements for grease interceptors of the California Plumbing Code and establishes
more specific maintenance requirements.
25 0956
Attahment 2, Page 25 of 28
Findings for"a" and "b": The city's topography, geography, creeks, and proximity to the
Pacific Ocean coupled with the general waste discharge requirements imposed by the
RWQCB require the strict compliance with grease control device regulations to prevent
sewer system overflows that threaten the health and safety of the public within the
immediate vicinity of the overflow and downstream to the local beaches. Furthermore,
The City drains into San Juan Creek, which is an impaired water body for pathogen
bacteria.
(c) Administrative/Procedural Amendments. Additional amendments and deletions to
the California Plumbing Code are found to be administrative or procedural and are
found to be reasonable and necessary to safeguard life and property within the city.
SECTION 3. SEVERABILITY. If any section, subsection, clause or phrase of this
Ordinance or any part thereof is for any reason held to be invalid, unconstitutional or
enforceable by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portion of the Ordinance. The City Council
declares that it would have passed each section, subsection, paragraph, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase would be declared invalid, unconstitutional or
unenforceable.
SECTION 4. CERTIFICATION. The City Clerk shall certify to the adoption of this
Ordinance and cause the same to be posted at the duly designated posting places
within the City and published once within fifteen (15) days after passage and adoption
as required by law; or, in the alternative, the City Clerk may cause to be published a
summary of this Ordinance and a certified copy of the text of this Ordinance shall be
posted in the Office of the City Clerk five (5) days prior to the date of adoption of this
Ordinance; and, within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post a certified copy of this
Ordinance, together with the vote for and against the same, in the Office of the City
Clerk.
PASSED, APPROVED, AND ADOPTED this 7th day of April, 2009.
MAtRK NIELSEN, M YOR
ATTES :' .
ak
MAR R . MON N, CI Y CL K �-
1
26 0956
Attahment 2, Page 26 of 28
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano,
do hereby certify that the foregoing is a true and correct copy of Ordinance No. 956
which was regularly introduced and placed upon its first reading at the Regular Meeting
of the City Council on the 17th day of March 2009 and that thereafter, said Ordinance
was duly adopted and passed at the Regular Meeting of the City Council on the 7t" day
of April 2009 by the following vote, to wit:
AYES: COUNCIL MEMBERS: Allevato, Hribar, Freese, Uso, and Mayor Nielsen
NOES COUNCIL MEMBERS: None
ABS N :, 0, NCIL MEMBERS: None
MA GAS iVION H N, Ci Cler€
� i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California, on the 19th day of March 2009, at least 5 days
prior to April 7, 2009, the date of adoption of the ordinance, I caused to be posted, in the City
Clerk's Office a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING R ULATIONS FOR THE USE
OF SANITARY SEWER FACILITI FOOD SERVICE
ESTABLISHMENTS AND OTHER PRIVA S T MS DISCHARGING TO
THE PUBLIC SEWER.
A MONA N�rCff* CL
E Sania
I
27 0956
Attahment 2, Page 27 of 28
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 8"' day of April 2009 1 caused to be
posted, in the City Clerk's office, a certified copy of Ordinance No. 956, adopted by the City
Council on April 7, 2009 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, ADOPTING REGULATIONS FOR THE USE
OF SANITARY SEWER FACILITIES/ BY FOOD SERVICE
ESTABLISHMENTS AND OTHER PRIVATE SY T DISCHARGING TO
THE PUBLIC SEWER.
MA � z MCN N, CI CL
San Juan Capistrano, al ornia
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Attahment 2, Page 28 of 28