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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 C. ri r '7 k :_:D i