6057ORDINANCE NO. 6057
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM AMENDING CHAPTER 10.08 OF TITLE 10 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO DOMESTIC AND
INDUSTRIAL WASTE.
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS
AS FOLLOWS:
SECTION 1.
That Section 10.08.010 of Chapter 10.08 of Title 10 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
"10.08.010 DEFINITIONS.
Unless the context specifically indicates otherwise, the meaning of terms used in this chapter
shall be as follows:
"B.O.D." (denoting Biochemical Oxygen Demand) means the quantity of oxygen utilized in
the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20°
C, expressed in milligrams per liter.
"Building" means any structure built for the support, shelter or enclosure of persons, animals,
chattels or property of any kind.
"Building drain" means that part of the lowest horizontal piping of a drainage system which
receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and
conveys it to the building sewer, beginning two feet from the building wall.
"Building sewer" means the extension from the building drain to the public sewer or other
place of disposal.
"Cesspool" means an excavation in the ground made for receiving crude sewage and so
constructed that the solid matter is retained and the liquid portion is permitted to seep away.
"City" means the City of Anaheim, a municipal corporation of the State of California.
"Districts" mean the Orange County Sanitation District, their managers or employees.
"Domestic sewage" means the waterborne wastes associated with human habitations and may
be contaminated with human excreta, offal or feculent matter.
"Dry well" means an excavation in the ground made for receiving the overflow from a
swimming pool or water tank.
"Effluent" means partially or completely treated sewage flowing out of any sewage treatment
device.
"Engineer" means the City Engineer of the City of Anaheim, or his/her authorized
representative.
"Ether soluble matter" — see definition of "grease."
"Floatable oil and grease" means the oil and grease floating on the surface of the sample of
water when it is retained for one hour in a quiescent condition in a vessel with vertical walls filled to
a depth of thirty centimeters.
"Floating hydrocarbon oil" means the amount of hydrocarbon floating to the surface of a
sample of water under the same conditions as prescribed in the definition of "floatable oil and
grease."
"Grab sample" means a sample of effluent taken at the inspection manhole as a representative
of flow at an instant of time.
"Garbage" means solid food wastes from the domestic and commercial preparation, cooking
and dispensing of food, and from the handling, storage and sale of produce.
"Grease" (ether soluble matter) is defined in "Standard Methods" and includes waxes, fats,
oils and other nonvolatile materials tested as determined by the current edition of "Standard
Methods."
"Industrial waste" means the waterborne waste from industrial manufacturing process, trade
or business as distinct from domestic sewage. It does not include waste water or sewage from the
operations of restaurants, hotels, vehicle service stations, wash racks, garages, single or multiple
residences or places of retail business. Also, it does not include the waste waters from lunch rooms,
toilets or washrooms in industrial establishments.
"Industrial waste pretreatment system" means any works or device for pretreatment of
industrial liquid wastes prior to discharge into the public sewer.
"Inspector" means the Chief Building Inspector of the City of Anaheim or his authorized
representative.
"Interceptor" means a device for retaining sand, silt, grit mineral material, petroleum solvent,
grease or oil by gravity -differential separation from waste water and of a design and capacity
approved by the City Engineer.
"Natural outlet" means any outlet into a watercourse, pond, ditch, lake or other body of
surface or ground water.
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"Person" means natural person, corporation, partnership, firm, business trust, association or
other legal entity.
"pH" means the logarithm of the reciprocal of the weight of hydrogen ions in gram -
equivalents per liter of solution.
"Private sewage disposal system" means a septic tank, cesspool, seepage hole or such other
facilities as may be permitted under this section.
"Private sewer" means a sewer laid by private parties other than a building sewer, to serve
one or more buildings which are not immediately adjacent to a public sewer, so as to connect said
building or buildings to a public sewer, and irrespective of whether said sewer is constructed in
public or private property.
"Properly shredded garbage" means the food wastes from the preparation, cooking and
dispensing of food that have been shredded to such a degree that all particles will be carried freely
under the flow conditions normally prevailing in public sewers, with no particle greater than one-half
inch in any dimension.
"Public sewer" means a sewer in which all owners of abutting properties have equal rights,
and is controlled by the City of Anaheim. The term as used here does not include storm drains or
channels for the conveyance of natural surface waters.
"Saddle" means the connection installed on a main line sewer by boring a hole in the sewer
pipe and installing a prefabricated fitting.
"Seepage hole" means an excavation in the ground made for receiving only a clarified
effluent and into which no crude sewage is permitted to flow.
"Septic tank" means an approved watertight tank or compartment for use in eliminating,
disposing, digesting or reducing solid substances in sewage before disposing of the effluent in a
cesspool, seepage hole or leaching system.
"Sewage" means any waterborne wastes transported by the public sewer, except storm water,
ground water, roof or yard drainage, and includes domestic sewage, industrial waste and waste water
or contaminated water of any origin.
"Sewage pumping plant" means any works or device used to raise sewage from a lower to a
higher level or to overcome friction in a sewer line.
"Sewage treatment plant" means any works or device for the treatment of sewage, except a
septic tank.
"Sewer" means a pipe or conduit for carrying sewage together with appurtenant manholes,
lamp holes and cleanouts.
"Shall" is mandatory; "may" is permissive.
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"Slug" means any discharge of water, sewage or industrial waste which in concentration of
any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen
minutes more than five times the average twenty-four hour concentration or flows during normal
operation.
"Standard methods" means the current edition of "Standard Methods for the Examination of
Water and Waste Water," American Public Health Association, New York.
"Storm drain" means a pipe, structure or system of pipes and/or structures which carries
storm and surface waters and drainage, but excludes sewage and industrial wastes, other than
unpolluted cooling water or irrigation water."
"Suspended solids" mean solids that either float on the surface of or are in suspension in
water, sewage or other liquids, and which are removable by laboratory filtering.
"Trap" means any approved equipment or appliance for sealing an outlet from a house
connection sewer to prevent the escape of sewer gas from a main line sewer through a house
connection sewer.
"Waste water" means any contaminated water except from industrial waste or domestic
sewage.
"Watercourse" means a channel in which a flow of water occurs, either continuously or
intermittently."
SECTION 2.
That subsection .090 of Section 10.08.030 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".090 The Engineer and/or Inspector may inspect as often as deemed necessary every
sewage pumping plant, private sewage disposal system, house connection sewer, dilution basin,
neutralization basin, back -water trap or valve, grease interceptor or grease trap, or other similar
appurtenances, for the purpose of ascertaining whether such facilities are maintained and operated in
accordance with the provisions of this chapter. All persons shall permit the Inspector and/or Engineer
to have access to all such facilities at all reasonable times. No object, whether a temporary or
permanent structure, nor any object which is difficult to remove, shall be placed in such a position so
as to interfere with the ready and easy access to any such facility. Any such obstruction, upon the
request of the Inspector and/or Engineer, shall be immediately removed at no expense to City and
shall not be replaced."
C!
SFC'TION I
That new subsection. 100 of Section 10.08.030 be, and the same is hereby, added to
Chapter 10.08 of Title 10 of the Anaheim Municipal Code, to read as follows:
".100 The City Engineer may suspend, condition or deny any or all applications for
connections or permits for new development and/or additions and expansions to existing
development as provided under Section 18.40.060.030 of this Code where the City Engineer
determines that such action is necessary to: (i) remain within the City operational capacity criteria of
the sanitary sewer system as described in the current City approved sanitary sewer master plan
available to the affected property for which the connection or permit is sought, (ii) conform with the
requirements and/or limitations of City approved sanitary sewer master plans, (iii) meet the discharge
standards of the sanitary sewer system imposed by the State of California Water Resources Control
Board, or (iv) prevent the overflow or loss from the City sanitary sewer collection system. The
decision of the City Engineer to suspend condition or deny an application shall be subject to appeal
as provided by subsections .080 and .090 of Section 18.40.060."
SECTION 4.
That subsection .010 of Section 10.08.040 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".010 No person shall discharge or cause to be discharged any storm water, surface water,
ground water, roof runoff, subsurface drainage, contaminated or uncontaminated cooling water or
industrial process waters to any public sewer, except as permitted by other ordinances of the City."
SF.r TTON 5 -
That_
That subsection .040 of Section 10.08.040 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".040 No person shall discharge or cause to be discharged to the public sewer the following
described substances, materials, waters or wastes if it appears likely, in the opinion of the Engineer,
Inspector or Districts, that such wastes may harm either the sewers, sewage treatment process or
equipment, have an adverse effect on the receiving stream, or that may otherwise endanger life, limb,
public property, or constitute a nuisance. In forming his opinion as to the acceptability of these
wastes, the Engineer, Inspector or Districts will give consideration to such factors and the quantities
of subject wastes in relation to flows and velocities in the sewers, materials of construction of the
sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances
prohibited are:
0401 Any liquid or vapor having a temperature higher than 140° F.;
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.0402 Any water or wastes containing fats, wax, grease or oils, whether emulsified
or not, in excess of six hundred mg/l of either soluble matter or visible quantities of floatbale oil or
containing substances which may solidify or become viscous at temperatures between 32° and
100°F;
.0403 Any garbage that has not been properly shredded to particles no greater than
one-half inch in any dimension;
.0404 Any waters or wastes containing any acid iron pickling wastes, or concentrated
plating solutions whether neutralized or not;
.0405 Any waters or wastes containing iron, chromium, copper, zinc and similar
objectionable or toxic substances; or wastes exerting excessive chlorine requirements, to such degree
that any such material received in the composite sewage at the sewage treatment works exceeds the
limits established by the Engineer or Districts for such materials;
.0406 Any waters or wastes containing phenols or other taste or odor -producing
substances, in such concentrations exceeding limits which may be established by the Engineer or
Districts as necessary, after treatment of the composite sewage, to meet the requirements of the State,
Federal or other public agencies of jurisdiction for such discharge to the receiving waters;
.0407 Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by the Engineer or Districts in compliance with applicable State or Federal
regulations;
.0408 Materials which exert or cause:
.0408.01 Unusual concentrations of inert suspended solids (such as, but not
limited to, Fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not
limited to, sodium sulfate and sodium chloride, where this constitutes a major portion of the
contaminate),
.0408.02 Excessive discoloration (such as, but not limited to, dye wastes and
vegetable tanning solutions),
.0408.03 Unusual B.O.D., chemical oxygen demand, or chlorine
requirements in such quantities as to constitute a significant load on the sewage treatment works,
.0408.04 Unusual volume of flow or concentration of wastes constituting
slugs as defined herein;
.0409 Waters or wastes containing substances which are not amenable to treatment
or reduction by the sewage treatment processes employed, or are amenable to treatment only to such
degree that the sewage treatment plant effluent cannot meet the requirements of other agencies
having jurisdiction over discharge to the receiving waters."
4 F C TI(lN CN
That subsection .060 of Section 10.08.050 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".060 No person except employees or contractors of the City, in the performance of their
duties for the City, shall construct or alter a public sewer, a sewage pumping plant, a private sewer in
a public street or a connecting sewer or make a connection from a house sewer to a connecting sewer
without first obtaining a permit from the Inspector. No person, except a person holding a valid
permit issued by the Inspector or other administrative official of the City authorized to issue such
permit, shall construct or alter any private sewer on private property, house sewer, sewage treatment
plant, private sewage system, sewage pumping plant, industrial waste pretreatment system,
interceptor or other similar appurtenances or devices in the City.
No permit shall be issued to any person to construct or alter any sewer within a public
street, or right-of-way, unless said person shall hold a valid sewer contractor's license, except that a
permit may be issued to:
.0601 A person holding a valid permit issued by the Inspector authorizing the
installation of a house sewer may be issued a permit to connect the house sewer to the connecting
sewer on private property or at the property line;
.0602 An employee or contractor of the Orange County Sanitation District when the
work is to be performed by them."
SECTION 7.
That subsection .020 of Section 10.08.100 of Chapter 10.08 of Title 10 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".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.
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"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, cooking, the food preparation process, or other
industrial 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.
"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 II 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 a FSE 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.
"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
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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."
SECTION 8. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared invalid.
SECTION 9. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
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 license or penalty or
the penal provisions applicable to any violation 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 10. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
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THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the St -h day of May , 2007, and thereafter
passed and adopted at a regular meeting of said City Council held on the 1 5th day of
May , 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OFA HEIM
By
..'e 'I) –),, —
MAYOR OF THE CIT OF AHEIM
ATTEST:
CITY CLERK OF THE CI ANAHEIM
64771.v1/Bryn Morley
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