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If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article, is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article. The Board of Supervisors declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Article irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases could be declared unconstitutional, invalid or ineffective.
(Added by Ord. 19-92, App. 1/23/92; amended by Ord. 116-97, App. 3/28/97)
(a) Authorization. Any citizen may commence a civil action on his or her own behalf against any person who is alleged to have violated, or to be in violation of: (i) any requirement imposed pursuant to this Article; or (ii) any order, regulation, variance or permit issued by the General Manager pursuant to this Article. For purposes of this Section and Subsection (h) of Section 132, "citizen" shall mean either of the following:
(1) An individual who resides in the City; or
(2) A corporation, partnership or association that maintains its principal office in the City, and which has an interest which is, or may be, adversely affected.
(b) Notice. No action may be commenced under Subsection (a) of this Section:
(1) Prior to 60 days after the citizen has given notice of the alleged violation to (A) the General Manager, (B) the City Attorney, (C) the District Attorney, and (D) the alleged violator or violators of the requirement, order, regulation, variance or permit; or
(2) If the City has commenced and is diligently prosecuting a civil, criminal, or administrative penalty action pursuant to this Article and the City's enforcement response plan to require compliance with the requirement, order, regulation, variance or permit, provided that in any such action brought in State court, any citizen may intervene as a matter of right.
(c) Intervention: Protection of City Interests.
(1) In any action brought under this Section where the City is not a party, the City may intervene as a matter of right.
(2) Whenever an action is brought under this Section, the plaintiff shall serve a copy of the complaint on the City Attorney and General Manager. No consent judgment or settlement shall be entered in an action in which the City is not a party prior to 30 days following receipt of the proposed consent judgment or settlement by the City Attorney and General Manager.
(d) Litigation Costs. The court in issuing any final order brought pursuant to this Section shall award costs of litigation (including reasonable attorney and expert witness fees) to any prevailing or substantially prevailing party who brought the underlying action, when the court determines such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought by the citizen, require a filing of a bond or undertaking in accordance with State law and local court rules.
(e) Other relief not restricted.
(1) Nothing in this Section shall restrict any right which any person may have under any statute, ordinance, or common law to seek enforcement of any requirement prescribed by or under this Article, or to seek any other relief.
(2) Nothing in this Section shall be construed to prohibit or restrict the City from bringing any administrative, civil or criminal action or obtaining any remedy or sanction against any person to enforce any requirement set forth in this Article. Nothing in this Section shall be construed to authorize judicial review by a citizen of any permit, role, variance or regulation issued pursuant to this Article.
(Added by Ord. 115-97, App. 3/28/97)
a. Sections 140--140.7 of this Article provide requirements for the control of the discharge of fats, oils and grease to the City's sewerage system. Large quantities of fats, oil and grease that are discharged from commercial and residential kitchens contribute to blockages in the City's sewerage system. The resulting clogs in sewer pipes cost the City millions of dollars each year in grease removal and sewer repair costs, and result in the overall degradation of the City's sewer infrastructure.
b. This Article facilitates implementation of a comprehensive pollution prevention program to keep fats, oils and grease out of the City's sewer system, and compliance with the City's current Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits and the Sanitary Sewer Overflow Waste Discharge Requirements (WDRs) permit, which are issued by the San Francisco Bay Regional Water Quality Control Board and the United States Environmental Protection Agency (US EPA).
c. The US EPA promotes the development of fats, oils and grease control programs throughout the country because approximately 40,000 fats, oils and grease-related sanitary sewer overflows that have the potential to contaminate the nation's water bodies occur each year. Nationwide, wastewater utilities have been sued for violations of the Clean Water Act caused by sanitary sewer overflows.
d. The City's aggressive efforts to control fats, oils and grease will enhance its compliance with the Clean Water Act, and also reduce the potential for system back-ups from the combined sewer system.
e. The primary objective of sections 140-140.7 of this Article is to reduce fats, oils and grease discharges from local food service establishments into the City's sewerage system. Food service establishments are required by current regulations to comply with a limit on the amount of total oil and grease they can discharge into City sewers. This discharge limit has not been completely effective in keeping fats, oils and grease out of the sewers. Many food service establishments have grease capturing equipment that is not well maintained or serviced and does little to remove grease from wastewater discharges. Other food service establishments have no grease capturing equipment at all.
1. Provide standards for the types of grease capturing equipment that must be installed by food service establishments;
2. Provide for the effective long-term use of grease capturing equipment through related operational requirements and prohibitions, and periodic inspections;
3. Increase opportunities for recovering from wastewater discharge lines both food solids (which can be composted) and waste grease (which can be recycled, and may also be able to be converted to biofuel);
4. Aid in preventing sanitary sewer blockages and obstructions from contributions and accumulation of fats, oils and grease in the sanitary sewerage system;
5. Prevent the uncontrolled introduction of fats, oils and grease into the sewage system that will interfere with its operation; and
6. Facilitate City compliance with applicable federal and state laws regarding sewerage system operations.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
The provisions of sections 118-139 of this Article apply to the discharge of fats, oils and grease to the City's sewerage system, except to the extent different requirements or procedures are provided in sections 140.1-140.7 of this Article. Sections 140.1-140.7 of this Article are intended to complement, rather than supersede, the provisions of City building codes and regulations applicable to the installation and operation of grease capturing equipment. Sections 140-140.7 shall be effective on and after April 1, 2011.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
In addition to the definitions provided in section 119 of this Article, the following definitions are applicable to the discharge and control of fats, oils and grease:
a. Best Management Practices (BMPs). Operational activities, prohibitions, maintenance procedures, and other management activities that implement the requirements of this Article, state and federal law, and Department rules, regulations, permits or authorizations.
b. Fats, Oils and Grease (FOG). Organic polar compounds derived from vegetable/plant or animal sources composed of long-chain triglycerides that are used in, or are byproducts of, the cooking or food preparation process. A wide range of food preparation activities, including but not limited to the following, can generate fats, oils or grease: cooking by frying, baking, grilling, sauteing, rotisserie cooking, broiling, boiling, blanching, roasting, toasting, poaching, infrared heating, searing, barbequing, or any other food preparation activity that produces a hot food product in or on a receptacle that requires washing.
c. First Certificate of Occupancy. A temporary certificate of occupancy or a Certificate of Final Completion and Occupancy, as defined in San Francisco Building Code Section 109A, whichever is issued first.
d. Food Service Establishment (FSE). A non-residential wastewater discharger that engages in activities of preparing, serving, or otherwise making available food for consumption by the public or on the premises, including restaurants, commercial kitchens, caterers, hotels and motels, schools, hospitals, prisons, correctional facilities, nursing homes, care institutions, and any other facility preparing and serving food for public consumption. Food Service Establishments consist of the following four categories of FOG dischargers:
i. Category 4 FOG Discharger: A FSE that engages only in reheating, hot holding, or assembly of ready to eat food products. Category 4 FOG Dischargers are also referred to as Limited Food Preparation Establishments.
ii. Category 3 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and has been determined by the General Manager to pose a less-significant risk of discharging FOG to the sewerage system. Category 3 FOG Dischargers are also referred to as Less-Significant Grease Dischargers.
iii. Category 2 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and, prior to April 1, 2011, had installed grease capturing equipment that was properly sized and installed, and remains fully operational and properly maintained and serviced, as determined by the General Manager.
iv. Category 1 FOG Discharger: A FSE that, in the process of preparing and making food available to the public or on the premises, generates FOG that is discharged into the City's sewerage system, and does not meet the criteria for Category 2, Category 3 or Category 4 FOG Dischargers.
e. Gravity Grease Interceptor (GGI). A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease from a wastewater discharge and is identified primarily by gravity separation and a minimum total volume of 300 gallons.
f. Grease Capturing Equipment. A plumbing appurtenance or appliance that is installed in a sanitary drainage system to separate fats, oils and grease from a wastewater discharge. Grease capturing equipment include gravity grease interceptors, hydromechanical grease interceptors, grease removal devices and any other grease capturing equipment authorized by the General Manager or the Department.
g. Grease Capturing Equipment Waste. Material collected in and from grease capturing equipment, including any solids resulting from dewatering processes.
h. Grease Removal Device (GRD). Any hydromechanical grease interceptor that automatically, mechanically removes non-petroleum fats, oils and grease from the interceptor, the control of which are either automatic or manually initiated.
i. Hydromechanical Grease Interceptor (HGI). A plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept non-petroleum fats, oils and grease from a wastewater discharge and is identified primarily by a design that incorporates hydromechanical separation.
j. Less-Significant Grease Discharger. A FSE Category 3 FOG Discharger.
k. Limited Food Preparation Establishment. A FSE Category 4 FOG Discharger.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
a. Disposal of Fats, Oils and Grease or any food waste containing Fats, Oils and Grease directly into drains leading to the sewer system is prohibited, except in accordance with this Article, the Department's rules and regulations, and applicable building codes and regulations.
b. Notwithstanding section 123(e)(3) of this Article, installation of garbage grinders in new Food Service Establishments is prohibited. Garbage grinders in existing Food Service Establishments shall be removed or rendered permanently inoperative by May 1, 2011.
c. Discharge of wastewater with temperature higher than 140° to or through grease capturing equipment is prohibited.
d. Discharge of wastewater from dishwashers to or through grease capturing equipment is prohibited.
e. Discharge of water closets, urinals, and other plumbing fixtures conveying human waste to or through any type of grease capturing equipment is prohibited.
f. The concentration of Fats, Oils and Grease discharged from Food Service Establishments into the City's sewerage system shall not exceed the discharge limit for total recoverable oil and grease established pursuant to Article 4.1 of the San Francisco Public Works Code, as amended from time to time.
g. The discharge of solvents or additives that emulsify grease into drainage pipes leading to grease capturing equipment is prohibited.
h. The use of biological additives, including, but not limited to enzymes, into drainage pipes leading to grease capturing equipment is prohibited.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
a. All Food Service Establishments, with the exception of Limited Food Preparation Establishments, shall install, operate, maintain and service Grease Capturing Equipment and implement specified Best Management Practices, in accordance with this Article, any permits, authorizations, rules and regulations issued by the General Manager and Department, and applicable City building codes and regulations.
b. All Food Service Establishments shall properly store and recycle or dispose of Fats, Oils and Grease diverted from their liquid wastestreams in accordance with all laws and regulations applicable to such storage, recycling and disposal.
c. All Food Service Establishment kitchen fixtures connected to drainage pipes that lead to grease capturing equipment or sewer laterals shall have small-mesh food strainers that are intact and functional.
d. All Food Service Establishment wastewater dischargers must at all times comply with the provisions of this Article, all other applicable local, state and federal laws, including but not limited to applicable provisions of the San Francisco Health Code and San Francisco Building and Plumbing Codes, and applicable rules, regulations, permits and authorizations issued by the General Manager and the Department.
e. All Food Service Establishments shall ensure that all pots, pans, dishware and work areas are wiped prior to washing of such utensils, equipment or areas; and shall implement any other Best Management Practices deemed appropriate by the General Manager or the Department.
f. All Food Service Establishments shall apply for a wastewater discharge permit or other authorization if required by the General Manager.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
a. All grease capturing equipment shall be installed in accordance with this Article, any permits, authorizations, rules and regulations issued by the General Manager and the Department, and applicable City building codes and regulations.
b. Any Grease Removal Devices installed by a Food Service Establishment in accordance with the requirements of this Article shall conform to standards or guidelines deemed applicable by the General Manager or the Department.
c. Category 1 FOG Dischargers shall install a Grease Removal Device (or a Gravity Grease Interceptor) in accordance with the provisions of this Article within 60 days of notification by the General Manager, but in any event no later than July 1, 2013.
d. Category 2 FOG Dischargers shall install a Grease Removal Device (or a Gravity Grease Interceptor) in accordance with the provisions of this Article and within a time period specified by the Department when notification is given to the FSE, if one or more of the following conditions applies, as determined by the General Manager:
i. The pre-existing grease capturing equipment is not properly sized, properly installed, fully operational or properly maintained and serviced.
ii. The wastewater discharge from the FSE does not comply with the City's wastewater discharge limit for total recoverable oil and grease.
iii. The FSE is causing or contributing to grease accumulation problems in sewer laterals or sewer mains.
iv. Some or all of the fats, oils and grease waste containing discharge lines are not connected to pre-existing grease capturing equipment, and connecting these to pre-existing grease capturing equipment is not appropriate.
e. Category 3 or Category 4 FOG Dischargers that change operations to the extent that the FSE no longer meets the definition of a Category 3 or Category 4 FOG discharger, shall comply with the grease capturing equipment requirements of Category 1 or Category 2 FOG Dischargers, whichever is applicable, as determined by the General Manager.
f. Category 3 or Category 4 FOG Dischargers causing or contributing to grease accumulation problems in sewer laterals or sewer mains, as determined by the General Manager, shall comply with the grease capturing equipment requirements of Category 1 or Category 2 FOG Dischargers, whichever is applicable, as determined by the General Manager.
g. A Food Service Establishment may file a request to the General Manager for a variance from the Grease Removal Device installation requirements of this Article if the FSE can demonstrate that it is not feasible for a Grease Removal Device to be installed due to lack of physical space. The Food Service Establishment requesting such a variance shall bear the burden of demonstrating that the installation of a Grease Removal Device is not feasible. The determination as to whether a FSE qualifies for a variance for the reasons detailed in this subsection shall be at the sole discretion of the General Manager.
(Added by Ord. 18-11, File No. 101147, App 2/16/2011)
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