.010 Purpose and Policy.
.0101 The purpose of this section is to enhance beneficial public use of the City's sewer facilities, to 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").
.0102 The provisions of this section shall apply to the direct or indirect discharge of all FOG carried to the sewer facilities of the City.
.0103 This section is established to comply with federal, state, and regulatory agencies laws, regulations and standards relating to FOG discharges to sewer facilities.
.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 byproduct 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 as the result of 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 it is 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 its 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 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 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 the vehicular transport of waste as part of, or incidental to, any business for that purpose.
.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 at the sewer lateral or in the sanitary sewer system.
.040 Prohibitions. No FSE shall do, or cause to be done, any of the following:
.0401 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;
.0402 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;
.0403 Discharge sewage from dishwashers to any grease control device, including grease traps or grease interceptors;
.0404 Discharge sewage with temperatures in excess of 140°F to any grease control device, including grease traps and grease interceptors;
.0405 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;
.0406 Discharge wastes from toilets, urinals, wash basins and other fixtures containing fecal materials to sewer lines upstream of a grease control device;
.0407 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 periodically by a wastehauler as part of the operation and maintenance requirements for grease control devices.
.050 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 a successor order, the City hereby creates and establishes the FOG Source Control Program.
.060 Rules and Regulations and Interpretations.
.0601 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.
.0601.01 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.
.0601.02 Said rules and regulations shall be filed in the Office of the Engineer, and maintained in an orderly manner readily accessible to the public.
.0601.03 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.
.0602 The Engineer or his/her designee is hereby authorized to approve deviations from said rules and regulations, and to approve changes in effective dates, when such deviations or changes are in the best interests of the City.
.070 Kitchen Best Management Practices ("Kitchen BMPs") Requirements.
.0701 All FSEs shall implement Kitchen Best Management Practices ("Kitchen BMPs") in their operations to minimize the discharge of FOG to the sanitary sewer system.
.0702 The requirements and guidelines for Kitchen BMPs are established by the City, and specified in the FOG Source Control Program Rules and Regulations.
.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:
.0801 New Construction of FSEs. FSEs under new construction shall install grease interceptors prior to commencing discharges of sewage to the sanitary sewer system.
.0802 Existing FSEs.
.0802.01 Except as provided in subsections .0802.02 or .0802.03 below, existing FSEs are not required to install a grease interceptor.
.0802.02 Existing FSEs that adversely impact, 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.
.0802.03 Existing FSEs undergoing remodeling or a change in operations shall be required to install a grease interceptor.
.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.
.100 Grease Interceptor Requirements.
.1001 Before discharging sewage to any public sewer, all FSEs shall meet the requirements and standards for grease interceptors necessary to comply with the purpose of this section.
.1002 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 grease interceptors is specified in the FOG Source Control Program Rules and Regulations.
.110 Grease Trap Requirements.
.1101 In addition to grease interceptors required under subsection 10.08.100.080, FSEs may be required by the FOG Source Control Program Manager to install grease traps in the waste line leading from drains, sinks and other fixtures or equipment where FOG may be introduced into the sanitary sewer system, in quantities that alone or collectively can cause blockage.
.1102 Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code, as adopted and amended by the City.
.1103 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.
.120 Monitoring Facilities Requirements.
.1201 Before discharging into any public sewer, all FSEs shall meet the requirements and standards for monitoring and/or sampling necessary to comply with the purpose of this section.
.1202 Requirements for monitoring and/or sampling are specified and described in the FOG Source Control Program Rules and Regulations.
.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.
.140 Record Keeping Requirements.
.1401 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.
.1402 The FSE shall, upon reasonable request, make the records available to the City or its designee.
.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.
.160 Enforcement.
.1601 Except as provided in subsection .1602 below, penalties for violation of any provision of this section are set forth in Section 10.08.140.
.1602 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.
.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.
.1701 Request for Administrative Hearing.
.1701.01 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 copy of the request for administrative hearing provided on the date of filing to the Deputy City Manager and the City Attorney.
.1701.02 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 business days of the date of filing of the written request, unless, at 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.
.1702 Hearing Proceedings.
.1702.01 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.
.1702.02 The City shall have the burden of supporting any determination or action by a preponderance of the evidence.
.1702.02 The City shall have the burden of supporting any determination or action by a preponderance of the evidence.
.1702.03 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.
.1703 Final Decision and Appeal.
.1703.01 The final decision of the Hearing Officer shall be issued within ten business days of the conclusion of the hearing, and shall be delivered by first-class mail, postage prepaid, to the appealing party.
.1703.02 The final decision shall include notice that any legal challenge to the final decision shall be made pursuant to the provisions of the Code of Civil Procedure, Sections 1094.5 and 1094.6, and shall be commenced within ninety days of the occurrence of the event for which review is sought.
.180 Judicial Review.
.1801 The provisions of Section 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.
.1802 Persons and/or FSEs seeking judicial review of any action taken pursuant to this section shall file such action within ninety days of the occurrence of the event for which review is sought. (Ord. 5950 § 1; November 16, 2004; Ord. 5067 § 7; May 15, 2007.)
* Editor's Note: Pursuant to Ord. 5040, passed July 25, 1989, the previous § 10.08.100 was repealed.