HomeMy WebLinkAbout2004-27 - Amending Chapter 14.30 to Title 14 of the Newport Beach Municipal Code Pertaining to Fats, Oils, and Grease Control.ORDINANCE NO. 2004-27
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 14.30 TO TITLE 14 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO FATS,
OILS, AND GREASE CONTROL
The City Council of the City of Newport Beach, California, HEREBY ORDAINS as
follows:
SECTION 1: Chapter 14.30 of the Newport Beach Municipal Code is hereby amended
to read as follows:
Chapter 14.30
FATS, OILS AND GREASE (FOG) CONTROL
Sections:
14.30.010
Intent and Purpose
14.30.015
Definitions.
14.30.020
Permit Required.
14.30.025
Requirements.
14.30.027
Prohibitions.
14.30.030
Grease Control Devices.
14.30.035
Exceptions
14.30.040
Fees.
14.30.045
Sampling and Monitoring
14.30.050
Sewer System Overflows and Recovery of Costs and Fines
14.30.055
Termination or Suspension of Service
14.30.060
Violations and Penalties
Section 14.30.010 INTENT AND PURPOSE
It is the intent of this Chapter to establish regulations for the disposal of
grease and other insoluble waste discharges from food service establishments
(FSEs) within the City and to allow the City to inspect FSE facilities and practices to
ensure compliance with this Chapter. The City Council, in enacting this Chapter,
intends to provide for the maximum beneficial public use of the City's sewer system,
to prevent sanitary sewer overflows (SSOs) into Newport Bay and the Pacific Ocean
resulting from blockages of that system caused by buildups of Fats, Oils and Grease
(FOG), to ensure the cost of maintaining the public sewer system is equitably
distributed amongst users, to clarify grease disposal requirements for existing
commercial kitchens, and to promote public health, safety and welfare.
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To comply with Federal, State, and local policies and to allow the City to meet
applicable standards, provisions are made in this Chapter for the regulation of
wastewater or waste containing FOG discharges to the sewer system.
Section 14.30.015 DEFINITIONS.
Unless otherwise defined herein, 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).
Other terms not herein defined are defined as being the same as set forth in
the latest adopted applicable editions of the California Codes applicable to building
construction adopted pursuant to the California Building Standards Law.
Subject to the foregoing provisions, the following definitions shall apply in this
Chapter:
Best Management Schedules of activities, prohibitions of practices, the
Practices (BMPs) completion of maintenance procedures and other
management practices that prevent or reduce the
introduction of FOG to the sewer facilities.
Building Director The director of the City's Building Department or his
or her designee.
Change in Any modification in the operational procedures of a
Operations Food Service Establishment (FSE) which has the
potential to significantly increase the amount of
grease generated by food preparation including,
without limitation, any substantial increase in the net
public area, any substantial increase in the hours of
operation, any significant change in the menu or types
of food prepared or served, any significant increase in
the size of the kitchen or the number of food service
or food preparation employees, or any significant
change in the size or type of food preparation
equipment.
City The municipal government of the city of Newport
Beach, California.
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city The residential, park and open space, commercial,
and industrial areas within the geographic boundaries
of the City of Newport Beach, California.
Fats, Oils, and Substances such as vegetable or animal products
Grease (FOG) that are used in, or are byproducts of, the cooking or
food preparation process, and that turn or may turn
viscous or solidify with a change in temperature or
other conditions.
Food Grinder Any device installed in the plumbing or wastewater
system for the purpose of grinding food waste or food
preparation byproducts for the purpose of disposing it
in the sewer system.
Food Service Facilities defined in California Uniform Retail Food
Establishment (FSE) Service Establishments Law (CURFFL) Section
113785, and any commercial entity within 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
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. 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 wastewater 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 Any grease interceptor, grease trap or other
Device or Device mechanism, the purpose of which is to trap or collect
or treat FOG prior to it being discharged into the
sewer system.
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Grease Interceptor A multi- compartment Grease Control Device that is
constructed in different sizes and is required by the
City to be located, according to the Uniform Plumbing
Code, underground between a FSE and the
connection to the sewer system.
Inspector A person authorized by the City to inspect any
existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
Monitoring Facilities Systems or facilities that sample constituents or that
measure or monitor flow.
Regulatory Agencies Those agencies having regulatory jurisdiction over the
operations of the City's facilities, including, but not
limited to:
a) United States Environmental Protection
Agency, Region IX, San Francisco and
Washington, DC (US EPA).
b) California State Water Resources Control
Board (SWRCB).
c) California Regional Water Quality Control
Board, Santa Ana Region (RWQCB).
d) South Coast Air Quality Management City
(SCAQMD).
e) California Department of Health Services
(DHS).
f) Orange County Health Care Agency (OC HCA)
Remodeling A physical change in an FSE causing an increased
amount of FOG to the sewer system, as determined
by the Building Director; or exceeding a cost of
$50,000 to a FSE that 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, or (4)
.any change in the size or type of food preparation
equipment.
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Sewer System Any and all facilities used for collecting, conveying,
pumping, and disposing of wastewater.
Utilities Director The director of the City's Utilities Department or his or
her designee.
Waste Sewage and any and all other waste substances,
liquid, solid, gaseous or radioactive, associated with
human habitation or of human or animal nature,
including such wastes placed within containers of
whatever nature prior to and for the purpose of
disposal.
Waste Manifest That receipt which is retained by the generator of
wastes for disposing recyclable waste or liquid waste.
Wastewater The liquid and water - carried wastes of the community
and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a
public sewer.
Words used in this Chapter in the singular may include the plural and the
plural the singular. Use of masculine shall mean feminine and use of feminine shall
mean masculine. Shall is mandatory; may is permissive or discretionary.
Section 14.30.020 PERMIT REQUIRED
No FSE shall operate or discharge FOG into the wastewater system without
first obtaining a Grease Disposal Permit ( "Permit ") from the City. An FSE shall apply
for a Permit from the Utilities Director in accordance with application and review
procedures set forth by the Utilities Director. Each Permit holder shall pay an annual
fee as described by this Chapter.
Section 14.30.025 REQUIREMENTS
A. Each Permit shall:
1. Authorize the FSE to dispose FOG into the wastewater system in
accordance with the provisions of this Chapter.
2. Authorize the Utilities Director to access and inspect an FSE to
ensure compliance with this Chapter during all times the FSE is
open, operating, or any other reasonable time.
3. Require the FSE to immediately notify the City by telephone at
the number specified by the Utilities Director in the event a FSE
is unable to comply with any requirements of this Chapter due to
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a breakdown of equipment, accidents, or human error, or when
the FSE has reasonable opportunity to know that a discharge will
exceed the provisions of this Chapter. This notification shall not
relieve the FSE of any expense, loss, damage or other liability
which may be incurred as a result of damage or loss to the City
or any other damage or loss to person or property; nor shall such
notification relieve the FSE of any fees, fines or other liability
which may be imposed by this Chapter or other applicable law.
4. Require the FSE's adherence to Best Management Practices to
minimize the discharge of FOG to the sewer system. These
BMPs shall be developed by the Utilities Director, updated
annually, and distributed to each Permit holder.
5. Require the FSE to maintain any Grease Control Device in an
efficient operating condition by removing the full content of the
Device which includes wastewater, accumulated FOG, floating
materials, sludge and solids in a manner consistent with the
maintenance frequency and maintenance practices approved by
the Utilities Director.
6. The FSE shall keep all Waste Manifests, receipts and invoices of
all cleaning, maintenance, grease removal of or from the grease
control device, disposal carrier and disposal site location for no
less than two years. The FSE shall, upon request, make the
Waste Manifests, receipts and invoices available to any City
representative, or inspector.
B. Ninety (90) days following the effective date of this Chapter, all FSEs
shall have applied for and received a Permit.
C. New FSEs or FSEs that are newly required to have a Permit shall have
received a Grease Disposal Permit prior to the Building Director's
issuance of a Certificate of Occupancy. An FSE may not open for
business nor serve customers without receiving and maintaining a valid
Grease Control Permit.
Section 14.30.027 PROHIBITIONS
The following prohibitions shall apply to all FSEs:
A. No FSE shall discharge or cause to be discharged into the sewer
system FOG that, as determined by the Utilities Director, may
accumulate and /or cause or contribute to blockages in the sewer
system or at the sewer system lateral which connects the FSE to the
sewer system.
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B. Installation of food grinders in the wastewater system of all new FSEs in
new or existing buildings, and in all existing FSEs undergoing
Remodeling or a Change in Operations.
C. Introduction of any additives into an FSE's wastewater system for the
purpose of emulsifying FOG, for grease remediation or as a
supplement to interceptor maintenance unless a Variance is obtained
in accordance with Section 14.30.035.
D. Discharge of wastewater from dishwashers to any grease control
device.
E. Discharge of wastewater with temperatures in excess of 140 °F to any
grease control device.
F. Discharge of wastes from toilets, urinals, wash basins, and other
fixtures containing fecal materials to sewer lines intended for grease
control device service, or vice - versa.
G. Discharge of any waste including FOG and solid materials removed
from the grease control device to the sewer system.
H. Tampering with or knowingly rendering inoperable any Grease Control
Device, monitoring device or method or access point.
I. Interfering with, delaying, resisting or refusing entrance to City
representatives attempting to inspect any facility involved directly or
indirectly with a discharge of wastewater to the City's sewer system.
J. Making any false statement or representation on any record, report,
plan or other document that is filed with the City in accordance with this
Chapter.
Section 14.30.030 GREASE CONTROL DEVICES.
A. Any new FSE, any FSE undergoing Remodeling, any FSE undergoing
a Change in Operations or, as directed by the Utilities Director, any
FSE that violates the provisions of this Chapter, shall obtain a permit
from the Building Director to install a Grease Control Device.
B. Upon approval of the Building Director, Grease Control Devices for
FSEs may be "gang" Devices which accept FOG from more than one
FSE. Each FSE that contributes FOG to a gang device shall be
responsible for the installation.. and maintenance of the Grease Control
Device.
C. The Building Director shall not issue a certificate of occupancy for an
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FSE which is required to have a Grease Control Device until the Device
has been installed, inspected and approved by the Building
Department.
D. Any decision of the Building Director pursuant to this Chapter may be
appealed by any interested party to the Building Board of Appeals,
pursuant to Section 15.02.020 of the Newport Beach Municipal Code.
Section 14.30.035 EXCEPTIONS
A. The following exceptions from Section 14.30.030 are permitted:
1. Variance. If the Utilities Director finds that a treatment or pre-
treatment product, combined with Best Management Practices,
will limit or eliminate FOG discharges from a particular FSE, the
Manager may exempt that FSE via a Variance.
2. Waiver. The Building Director, in consultation with the Utilities
Director, shall exempt an FSE from the requirements of Section
14.30.030 via a Waiver provided that the FSE complies with all
other provisions of this Chapter and provided that any of the
following conditions exist:
a. There is inadequate space on the property on which the
FSE is located to install a Grease Control Device; or
b. There is inadequate slope for gravity flow between kitchen
plumbing fixtures and the grease control device and/or
between the grease control device and the private
collection lines or the public sewer; or
C. The FSE has been in operation prior to January 1, 2005,
and has not had a Change in Operations or a Remodel; or
d. The FSE conducts operations that do not produce FOG in
a quantity that adversely affects the wastewater system.
In this case, the Waiver shall include conditions placed by
the Utilities Director on the FSE's operations that provide
for continued limits on FOG production.
B. Persons seeking a Variance, Waiver, or Conditional Waiver shall
complete and file with the City an application on the form prescribed by
the City. The application shall be accompanied by the applicable fee.
The applicant shall provide the following information:
1. The name and address of the applicant.
2. The address of the premises for which the license is requested.
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3. A site plan showing property lines, easements, structures, and
any other features that limit the installation of a grease control
device.
4. A description of food processing, type and number of meals to be
serve, cleanup procedures, size of kitchen, and dining room
capacity;
5. A list of kitchen appliances, fixtures, and ventilating equipment;
6. The volume and type of wastewater to be discharged;
7. Any other information deemed necessary by City to evaluate the
application.
C. The Variance, Waiver, or Conditional Waiver shall be valid for one year
and shall be automatically renewed, provided:
1. That there has been no Remodeling or Change in Operations;
2. That all fees or fines and penalties relating to this Chapter have
been paid by the holder of the Variance or Waiver.
D. In the event that a Variance or Waiver is revoked or not automatically
renewed, the Utilities Director may require the FSE formerly holding the
Variance or Waiver to install a Grease Control Device.
Section 14.30.040 FEES
A. Annual Grease Disposal Mitigation Fee. FSEs that operate with a
Waiver pursuant to this Chapter shall pay an annual Grease Disposal
Mitigation Fee to equitably cover the cost to maintain a portion of the
sewer system. The Fee shall be adopted by the City Council by
Resolution and may be adjusted by the Utilities Director at the request
of an FSE to reflect the FSE's effective compliance with Best
Management Practices and effective reduction or elimination of FOG
into the wastewater system.
B. Annual Permit Fee. FSEs that hold a Grease Disposal Permit shall
pay an annual Permit Fee to cover the cost of issuing the Permit and
the cost of providing any inspections associated with this Chapter. This
Fee shall be adopted by the City Council by Resolution.
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Section 14.30.045 SAMPLING AND MONITORING
A. In order to meet the objectives and requirements of this Chapter, the
Utilities Director may require a FSE to construct, maintain, and provide
access to Monitoring Facilities at the FSE's expense.
B. The location of the Monitoring Facilities shall be subject to approval by
the Utilities Director.
C. FSEs may be required by the Utilities Director to submit waste analysis
plans, contingency plans, and meet other necessary requirements to
ensure proper operation and maintenance of the grease control device
and compliance with this Chapter.
Section 14.30.050 SANITARY SEWER OVERFLOWS (SSOs) AND RECOVERY
OF COSTS AND FINES
A. Any person who discharges any waste which causes or contributes to
any sewer blockage, SSOs, obstruction, interference, damage, or any
other impairment to sewer facilities or to the operation of those facilities
is in violation of this Chapter and shall be liable for all costs required to
clean or repair the facilities together with expenses incurred by the City
to resume normal operations.
B. Any person who discharges a waste which causes or contributes to the
City violating its discharge requirements shall be liable for any losses,
facilities damages, costs or expenses incurred by the City, including
regulatory fines, penalties, and assessments made by other agencies
or a court.
Section 14.30.055 TERMINATION OR SUSPENSION OF SERVICE
A. Termination. The Utilities Director may physically terminate sewer
service to any property upon order of any official from the Regulatory
Agencies for illicit or illegal discharges due to public health.
B. Suspension. The Utilities Director may suspend sewer service when
the Manager determines that the suspension is necessary to stop an
actual or impending discharge which presents or may present an
imminent or substantial endangerment to the health, safety and welfare
of persons, or to the environment. Any discharger notified of and
subject to a suspension order, shall immediately cease and desist the
discharge of all wastewater containing FOG to the sewer system.
C. All costs for physical termination shall be paid by the owner or operator
of the FSE as well as all costs for reinstating service.
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Section 14.30.060 VIOLATIONS AND PENALTIES
A. 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 $1,000.00, or imprisonment for not more than 6 months, or
both. Each violation and each day in which a violation occurs may
constitute a new and separate violation of this Chapter and shall be
subject to the penalties contained herein.
B. Persons violating the provisions of this Chapter may be subject to the
following penalties:
1. Pursuant to the authority of the Clean Water Act, 33 U.S.C. Section
1251 et seq., any violator may be liable civilly for a sum not to
exceed $25,000.00 per violation for each day in which such violation
occurs.
2. Pursuant to Chapter 1.05 of the Newport Beach Municipal Code,
any person who violates any provision of this Chapter may be
subject to administrative citation.
C. The amount of any civil penalty assessed shall be based on relevant
circumstances, including but not limited to, the following:
1. The extent of the harm caused;
2. The nature and persistence of the failure to perform or comply;
3. The length of time over which the failure occurred;
4. The frequency of past violations; or
5. The financial burden to the Permittee or person.
D. The decision of the Utilities Director to levy penalties may be
appealed to the City Manager or his or her designee.
SECTION 2: This Chapter shall become effective thirty (30) days subsequent to its
adoption.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption. '
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This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 23d day of November, 2004, and adopted on the 14th day
of December, 2004, by the following vote, to -wit:
AYES, COUNCILMEMBERS Heffernan, Rosansky,
Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
NOES,COUNCILMEMBERS None
ABSENT, COUNCILMEMBERS None
Page 12 of 12
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2004 -27 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the
14th day of December 2004, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Heffernan, Rosansky, Webb, Ridgeway, Daigle, Nichols, Mayor Bromberg
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 15th day of December 2004.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2004 -27 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: December 18, 2004.
In witness whereof, I have hereunto subscribed 7V name this t day of &YU-/Z 9Yj
200,E
City Clerk
City of Newport Beach, California