Ordinance Number 956ORDINANCE 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
measures to prevent sewer system overflows (SSOs) caused by fats, oils, and grease
blockages of sewers. The elements of an effective FOG control program may include
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.
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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
that block or have the potential to block the flow of wastewater into or within the
public sewer system.
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(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.
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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 turn
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-
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
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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
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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.
(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.
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(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
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.
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(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.
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 Oil (Yellow Grease) Collection for Recycling 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
retained by the FSE on-site for a period of three (3) years.
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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.
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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.
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.
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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.
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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(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
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).
Owners (or their agents) of single -parcel commercial properties with multiple tenants
(e.g. shopping mall 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.
r
(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
with 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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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;
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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
-- 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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(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
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:
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(A) On a term of any order of suspension or revocation of a permit; or
(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.
(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
laws, including but not limited to: (1) Federal Water Pollution Control Act,
commonly known as the Clean Water Act (33 U.S.C.A. Section 1251 et
seq.); (2) California Porter -Cologne Water Quality Control Act (California
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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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(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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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.
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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.
MA K IELSEN, M YOR
ATTEST: h
MONAHAN. CITY CL
26 0956
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 7th 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 : (I NCIL MEMBERS: None
,A
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
1, 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, ADOPTINGR ULATIONS FOR THE USE
OF SANITARY SEWER FACILITI FOOD SERVICE
ESTABLISHMENTS AND OTHER PRIVA S , T MS DISCHARGING TO
THE PUBLIC SEWER.
San
ONAVN, C
ino, Worni
27 0956
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 8th 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 PRI VAT SY T� DISCHARGING TO
THE PUBLIC SEWER.
MARGA�F � R/ MON.
San Juan Capistrano,
rnia
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