5950ORDINANCE NO. 5950
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
AMENDING ANAHEIM MUNICIPAL CODE, CHAPTER 10.08 BY ADOPTING
FATS, OILS AND GREASE SOURCE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS.
WHEREAS, pursuant to Government Code Section 38900 and its constitutional
powers as a charter city, the City of Anaheim ("City") has the authority to adopt ordinances
regulating the provision of sewer services and facilities; and
WHEREAS, the California Regional Water Quality Control Board ("RWQCB") for
the Santa Ana Region adopted Order R8-2002-0014, which prohibits sanitary sewer overflows
("SSOs") by sewer collection agencies; and
WHEREAS, in Order R8-2002-0014, the RWQCB found that one of the leading
causes of SSOs within the Santa Ana Region, which encompasses the City's service area is "grease
blockages"; and
WHEREAS, the RWQCB found that SSOs are often caused by discharge of sewage
containing high levels of fats, oils and grease ("FOG"), suspended solids, pathogenic organisms, and
other pollutants; may cause temporary violations of applicable water quality objectives; pose a threat
to the public health; adversely affect aquatic life; result in costs for cleanup; and impair the public
recreational use and aesthetic enjoyment of surface waters within Orange County; and
WHEREAS, the 2000-2001 Orange County Grand Jury ("Grand Jury") conducted
a survey among approximately 35 sewage collection and treatment agencies in Orange County and
concluded that one of the leading causes of SSOs is sewer lines clogged from the accumulation of
FOG discharged from Food Service Establishments ("FSEs"); and
WHEREAS, the Grand Jury concluded that more effective methods of minimizing
FOG discharges into the sanitary sewer system must be developed and implemented in order to
prevent sewer blockages and SSOs; and
WHEREAS, Order No. R8-2002-0014 requires the City to monitor and control SSOs
and to develop a FOG Source Control Program by December 30, 2004; and
WHEREAS, in light of the evidence that FOG is a primary cause of SSOs, the City
desires to implement a FOG Source Control Program to prevent SSOs; and
WHEREAS, Section 1014 of the 2001 California Plumbing Code, as adopted and
amended by reference by Chapter 15.02 of the Anaheim Municipal Code ("California Plumbing
Code"), requires the installation of grease traps or interceptors; and
WHEREAS, the foregoing findings indicate that a FOG Source Control Program is
required for FSEs within the City's jurisdiction to comply with Order R8-2002-0014 and prevent
the harmful effects of SSOs; and
WHEREAS, this Ordinance will require FSEs under New Construction or undergoing
Remodeling to install, operate and maintain an approved type and adequately sized Grease
Interceptor or to otherwise implement measures that are effective in preventing SSOs; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION l:
That new section, 10.08.200, be and the same is hereby added to Chapter 10.08 of Title 10
of the Anaheim Municipal Code, to read as follows:
10.08.200.010 Purpose and Policy.
.010 The purpose of this section is to enhance beneficial public use of the City's sewer
facilities, prevent blockages of sewer lines resulting from discharges of fats, oils and grease
("FOG") and other constituents to the sewer facilities and to specify appropriate FOG
discharge requirements for Food Service Establishments ("FSEs").
.020 The provisions of this section shall apply to the direct or indirect discharge of all
FOG carried to the sewer facilities of the City.
.030 This section is established to comply with Federal, State, and Regulatory Agencies
laws, regulations and standards relating to FOG discharges to sewer facilities.
10.08.200.020 Definitions.
In addition to the definitions set forth in Section 10.08.010, the following definitions shall
apply to this section:
"Change in Operations" means any change in the food types or operational procedures that
have the potential to increase the amount of FOG discharged by FSEs as specified in the Rules and
Regulations.
"County Health Care Agency ("HCA")" means the Orange County agency with oversight,
inspection and regulatory authority over FSEs, particularly with respect to protection of the public
health.
"FOG" or "Fats, Oils, and Grease" means any substance such as a vegetable or animal
product that is used in, or is a by product of, the cooking or food preparation process, and that turns
or may turn viscous or solidifies with a change in temperature or other conditions.
"FOG Hot Spot" means an area in the public sewer lines that has experienced sanitary sewer
overflows or that must be cleaned or maintained frequently to avoid blockages of the sanitary sewer
system caused by or contributed to by FOG.
"FOG Hot Spot Contributor" means any FSE identified by the FOG Source Control Program
Manager or his/her designee as causing or contributing to a FOG Hot Spot.
2
"FOG Source Control Program" means the FOG Source Control Program required by and
developed pursuant to the California Regional Water Quality Control Board ("RWQCB") for the
Santa Ana Region as RWQCB Order No. R8-2002-0014, Section (c)(12)(viii) or successor order.
"FOG Source Control Program Manager" means the individual designated by the City to
administer the FOG Source Control Program.
"Food Service Establishments ("FSEs")" means facilities defined in California Uniform
Retail Food Service Establishments Law (CURFFL) Section 113785 of the California Health and
Safety Code ("Section 113785") and any and all amendments thereto or successor provisions, and
any commercial entity within the boundaries of the City, operating in a permanently constructed
structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the
purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for
sale to other entities, or for consumption by the public, its members or employees, and which has
any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors
that are required to be removed by a Type I or Type H hood, as defined in CURFFL Section 113785
and any and all amendments thereto or successor provisions. A limited food preparation
establishment is not considered a Food Service Establishment when engaged only in reheating, hot
holding or assembly of ready to eat food products and as a result, there is no sewage discharge
containing a significant amount of FOG. A limited food preparation establishment does not include
any operation that changes the form, flavor, or consistency of food.
"Grease Control Device" means any grease interceptor, grease trap or other mechanism,
device, or structure which attaches to, or is applied to, sewage plumbing fixtures and lines, the
purpose of which is to trap, collect, treat and/or remove FOG from sewage prior to it being
discharged into the sanitary sewer system.
"Grease Interceptor" means a multi -compartment device that is constructed in different
sizes and is generally required to be located, according to the California Plumbing Code and any
and all amendments thereto, underground between an FSEs and its connection to the sanitary
sewer system.
"Grease Trap" means a grease control device that is used to serve individual fixtures and
have a limited effect.
"Hearing Officer" means the person defined in section 1. 12.110 of the Anaheim
Municipal Code.
"Interference" means any discharge which, alone or in conjunction with discharges from
other sources, inhibits or disrupts the City's sanitary sewer system, treatment processes or
operations; or is a cause of violation of the City's National Pollutant Discharge Elimination
System ("NPDES") permit or discharge requirements, or prevents lawful sludge use or disposal.
"Kitchen Best Management Practices ("Kitchen BMP")" means schedules of activities,
prohibitions of practices, maintenance procedures and other management practices to prevent or
reduce the introduction of FOG to the sewer facilities.
3
"Local Sewering Agency" means any public agency or private entity responsible for the
collection and disposal of sewage to the City's sewer facilities duly authorized under the laws of
the State of California to construct and/or maintain public sewers.
"New Construction" means any structure planned or under construction for which a
sewer connection permit has not been issued.
"Regulatory Agencies" means those agencies having regulatory jurisdiction over the
operations of the City, including, but not limited to:
United States Environmental Protection Agency, Region IX, San Francisco and
Washington,
DC (EPA);
California State Water Resources Control Board (SWRCB);
California Regional Water Quality Control Board, Santa Ana Region (RWQCB);
South Coast Air Quality Management Division (SCAQMD); and
California Department of Health Services (DOHS).
"Remodeling" means a physical change or operational change which requires a building
or plumbing permit, and (1) causes generation of FOG that will exceed the amount of FOG
previously discharged to the sanitary sewer system by the Food Service Establishment in an
amount that alone or collectively causes or creates a potential for SSOs to occur as determined
by the FOG Source Control Manager or (2) involves any one or combination of the following:
(a) under slab plumbing in the food processing area; (b) a 30% increase in the size of the kitchen
area; or (c) any change in the size or type of food preparation equipment.
"Rules and Regulations" means the rules and regulations as approved by the City Council
to implement this section and the FOG Source Control Program.
"Sanitary Sewer Overflows ("SSOs")" means a sewer spill, loss, or discharge of sewage
from a sanitary sewer system.
"Sanitary Sewer Facilities or System" means any and all facilities used for collecting,
conveying, pumping, treating, and disposing of sewage and sludge.
"Wastehauler" means any person carrying on or engaging in vehicular transport of waste
as part of, or incidental to, any business for that purpose.
10.08.200.030 FOG Discharge Requirements.
No FSE shall discharge or cause to be discharged into the sanitary sewer system FOG
that exceeds the concentration level specified in this chapter or that may accumulate to, cause or
contribute to SSOs or blockages in the sanitary sewer system or at the sewer lateral.
0
10.08.200.040 Prohibitions.
No FSE shall do or cause to be done, any of the following:
.01 Introduce any additives into a FSE's sewage system for the purpose of
emulsifying FOG, unless specific prior written authorization from the FOG Source
Control Program Manager is obtained.
.02 Dispose waste cooking oil into drainage pipes. All waste cooking oils shall be
collected and stored properly in receptacles such as barrels or drums for recycling or
other acceptable methods of disposal.
.03 Discharge sewage from dishwashers to any Grease Control Device, including
Grease Traps or Grease Interceptors.
.04 Discharge sewage with temperatures in excess of 140`17 to any Grease Control
Device, including Grease Traps and Grease Interceptors.
.05 Use biological additives for grease remediation or as a supplement to Grease
Interceptor maintenance, without obtaining specific prior written authorization from the
FOG Source Control Program Manager.
.06 Discharge wastes from toilets, urinals, wash basins, and other fixtures containing
fecal materials to sewer lines upstream of a Grease Control Device.
.07 Discharge any waste including FOG and solid materials removed from the Grease
Control Device to the sanitary sewer system. Grease removed from a Grease Control
Device shall be removed by a Wastehauler periodically as part of the operation and
maintenance requirements for Grease Control Devices.
10.08.200.050 FOG Source Control Program.
The City hereby creates and establishes the FOG Source Control Program in an effort to
minimize the discharge of FOG to the sanitary sewer system by FSEs within the City's
jurisdiction to prevent the harmful effects of SSOs as required by and developed pursuant to
RWQCB Order No. R8-2002-0014, Section (c)(12)(viii) or successor order.
10.08.200.060 Rules and Regulations and Interpretations.
.010 The Engineer or his/her designee is hereby authorized and directed to promulgate
rules and regulations consistent with the provisions of this section as may be necessary or
desirable to aid in the enforcement and administration of this chapter and the FOG Source
Control Program. Any such rule or regulation may be added, modified, or deleted as
necessitated by changes in law, increased demands of Regulatory Agencies, or technological
improvements or advances in a manner authorized by law. Said Rules and Regulations shall be
filed in the Office of the Engineer and maintained in an orderly manner readily accessible to the
public. The burden to secure and comply with the Rules and Regulations shall be upon the FSE
and in accordance with the purposes of the FOG Source Control Program.
61
.020 The Engineer or his/her designee is hereby authorized to approve deviations from
said Rules and Regulations and approve changes in effective dates when such deviations or
changes are in the best interests of the City.
10.08.200.070 Kitchen Best Management Practices (Kitchen BMP) Requirements.
All FSEs shall implement Kitchen Best Management Practices ("Kitchen BMP") in their
operations to minimize the discharge of FOG to the sanitary sewer system. The requirements and
guidelines for Kitchen BMP are established by the City and specified in the FOG Source Control
Program Rules and Regulations.
10.08.200.080 FOG Pre -Treatment Requirements.
FSEs are required to install, operate and maintain an approved type and adequately sized
Grease Interceptor necessary to maintain compliance with the objectives of this section. The
Grease Interceptor shall be adequate to separate and remove FOG contained in sewage
discharges from FSEs prior to discharge to the sanitary sewer system. Fixtures, equipment, and
drain lines located in the food preparation and clean up areas of FSEs that are sources of FOG
discharges shall be connected to the Grease Interceptor. Compliance shall be established as
follows:
.010 New Construction of FSEs
FSEs under New Construction shall install Grease Interceptors prior to commencing
discharges of sewage to the sanitary sewer system.
.020 Existing FSEs
.01 Except as provided in subsections .02 or .03 below, existing FSEs are not required
to install a Grease Interceptor.
.02 Existing FSEs that have, or have the reasonable potential to, adversely impact the
sanitary sewer system by causing or contributing to FOG Hot Spots, Interference, or
SSOs as reasonably determined by the FOG Source Control Manager or his/her designee,
shall install Grease Interceptors within 180 days after official notice to do so by the City.
.03 Existing FSEs undergoing Remodeling or a Change in Operations shall be
required to install a Grease Interceptor.
10.08.200.090 Application for Use of Alternative Materials or Methods of Construction.
A FSE may submit an application for use of alternative materials or methods of
construction in lieu of a Grease Interceptor to the Inspector or his/her designee. Evaluation of
the application shall be made in accordance with the current edition of the California Plumbing
Code, as adopted and amended by the City.
6
10.08.200.100 Grease Interceptor Requirements.
010 All FSEs shall meet the requirements and standards for Grease Interceptors necessary to
comply with the purpose of this section before discharging sewage to any public sewer.
.020 Grease Interceptors shall be maintained in efficient operating condition by periodic
removal of their full content, including sewage, FOG, floating materials, sludge and
solids as described in the Rules and Regulations. The maintenance frequency for all
FSEs with a Grease Interceptor is specified in the FOG Source Control Program Rules
and Regulations.
10.08.200.110 Grease Trap Requirements.
.010 In addition to Grease Interceptors required under Section 10.08.200.080, FSEs may be
required by the FOG Source Control Program Manager to install Grease Traps in the
waste line leading from drains, sink, and other fixtures or equipment where FOG may be
introduced into the sanitary sewer system in quantities that alone or collective can cause
blockage.
.020 Sizing and installation of Grease Traps shall conform to the current edition of the
California Plumbing Code, as adopted and amended by the City.
.030 Grease Traps shall be maintained in efficient operating condition. The maintenance
frequency for FSEs with Grease Traps is specified and described in the FOG Source
Control Program Rules and Regulations.
10.08.200.120 Monitoring Facilities Requirements.
All FSEs shall meet the requirements and standards for monitoring and/or sampling
necessary to comply with the purpose of this section before discharging to any public sewer.
Requirements for monitoring and/or sampling are specified and described,in the FOG Source
Control Program Rules and Regulations.
10.08.200.130 Monitoring for Compliance.
The FOG Source Control Program Manager may require monitoring for compliance of
this section in accordance FOG Source Control Program Rules and Regulations established by
the City under its FOG Source Control Program in an effort to minimize the discharge of FOG to
the sanitary sewer system.
10.08.200.140 Record Keeping Requirements.
All FSEs shall be required to keep records in accordance with the FOG Source Control
Program Rules and Regulations established by the City under its FOG Source Control Program
for no less than two years. The FSE shall, upon reasonable request, make the records available
to the City or its designee.
7
10.08.200.150 Falsifying Information or Tampering with Process.
It shall be unlawful to make any false statement, representation, record, report, plan or
other document that is provided to the City or its designee or representative, or to tamper with or
knowingly render inoperable any Grease Control Device, monitoring device or method or access
point required under this section.
10.08.200.160 Enforcement.
.010 Except as provided in subsection .020 below, penalties for violation of any
provision of this section are set forth in 10.08.140.
020 Penalties for violation of any provision of this section resulting in SSOs are
enforceable, at the sole discretion of the City, under this chapter, or any other
chapter of the Anaheim Municipal Code, including, but not limited to, Chapter
10.09.
10.08.200.170 Administrative Hearings.
Any FSE or person who is subject to any adverse determination or regulatory action
made pursuant to this section may appeal the matter by requesting an administrative hearing.
.010 Request for Administrative Hearing
Any FSE or person appealing an adverse determination or action made pursuant
this section shall, within thirty days after notice of said adverse determination or action,
file a written request for an administrative hearing, accompanied by an administrative
hearing fee, in an amount established by separate resolution, with the Office of the City
Clerk, with a copies of the request for administrative hearing provided on the date of
filing to the Deputy City Manager and the City Attorney.
Thereafter, a hearing on the matter shall be held before the Hearing Officer
designated by the Deputy City Manager or his/her designee within forty-five (45)
business days of the date of filing of the written request unless, in the reasonable
discretion of the Deputy City Manager or his/her designee or pursuant to a written
request by the appealing party, a continuance of the hearing is granted by the City.
.020 Hearing Proceedings
The FOG Source Control Program Manager or his/her designee shall appear in
support of the determination or action, and the appealing party shall appear in support of
withdrawal of the determination or action, or in opposition to the determination or action.
The City shall have the burden of supporting any determination or action by a
preponderance of the evidence. Each party shall have the right to be represented by a
person of his/her/its choice and to present testimony and other documentary evidence as
necessary for explanation of the case.
.030 Final Decision and Appeal
The final decision of the Hearing Officer shall issue within ten (10) business days
of the conclusion of the hearing and shall be delivered by first-class mail, postage
prepaid, to the appealing party. The final decision shall include notice that any legal
challenge to the final decision shall be made pursuant to the provisions of Code of Civil
Procedure Sections 1094.5 and 1094.6 and shall be commenced within ninety (90) days
of the occurrence of the event for which review is sought.
10.08.200.180 Judicial Review.
The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth
the procedure for judicial review of any act taken pursuant to this section. Persons and/or FSEs
seeking judicial review of any action taken pursuant to this section shall file such action within
90 days of the occurrence of the event for which review is sought.
SECTION 2: Savings Clause
Neither the adoption of this ordinance or amendment of any other ordinance of the City
shall in any manner affect the prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as a waiver of any tax, license or
penalty or of the penal provisions applicable to any violations thereof. The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 3: Severability
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Anaheim hereby declares that it would have adopted
this ordinance and each remaining section, subsection, sentence, clause phrase or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or
portions have been declared invalid or unconstitutional.
SECTION 4: Effective Date
This ordinance shall take effect thirty (30) days from and after its enactment.
I
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 9th day of Nov. , 2004, and thereafter passed
and adopted at a regular meeting of said City Council held on the day of Nov, ,
2004, by the following roll call vote: 16 Zh
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCIL MEMBERS: Chavez, Tait, McCracken, Hernandez, Mayor Pringle
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
ATTE T:
CYfY CLEA OF THE CITY OF ANAHEIM
56154.2
ATTEST:
Sheryll Schroder
City Clerk of the City of Anaheim
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
CITY AN
/00
IV
MAYOR OF THE CrIl OF ANAHEIM
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City Council
held on the c)tb day of N�veulber , 2004, and thereafter at the regular meeting of said
City Council duly held on the 16th day of November , 2004, was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN
56154.2
COUNCIL MEMBERS: Chavez, Tait, McCracken, Hernandez, Mayor Pringle
COUNCIL MEMBERS: None
COUNCU_ MEMBERS: None
COUNCIL MEMBERS: None
10
IA. A V Z (/�
eryll Schr eder
City Clerk of the City of Anaheim
AFFIDAVIT OF PUBLICATION
SPATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951. Case No. A-21021 in and for the City of
Anaheim. County of Orange, State of California;
that the notice. of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
November 25, 2004
"1 certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: November 25, 2004
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
-x<(I3
This space is for the County Clerk's ling
Proof of Publication of
SUMMARY PUBLICATION
1%
AN ORDI�I E OF THE CITY COUNCIL OF THE CITY
OF AfYN#IM CAMENDING ANAHEIM ICIPAL CODE,
CHAP -MR E .06 BylE3L ATS AND GREASE
FOOD ESTUA4 TAPPLS. ABLE TO
This Ordinance amends Chapter 10-08 of Title t0 of the
Anaheim Munidpal Code by adding a new section,
10.06.200, adopting Fab, Oils and Grease (FOG) Source
Contra Vistlons applicable to Food Service stebflsh-
ments (FSEs) to: (1) prohibit a discharge of FOG into the
sewer system that exceeds the concentration level specified
in Chapter 10.08 or that may accumulate to, cause a con-
tribute to sanitary sewer overflows or blockages in floe sow-
er system or at the sewer lateral; (2)) cresta and the
FOG Source Control Program; (3) authorize and direct
the City Engineer to promulgate Rules and Regulations con-
sistent with the, provisions of Chapter 10.06.226000 as may be
isttraet
necessary
of Chapte it OA8 amid th FOG Sre assessment and admir,
Control Pro-
gram; (4) require FSEs to implement Kitchen. Best Manage-
ment Practices in their operation to minimize the discharge
of FOG to the sewer system; and (5) require FSEs to install,
operate and maintain an approved type of Grease Control
Devise.
Publish: Anaheim Budin
November 25, 2004
25-1138 _.._. - 6452521
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