HomeMy WebLinkAbout1111 Grease Interceptors, installation and disposal of wasteORDINANCE NO. 1111
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH
AMENDING ARTICLE 17 IN CHAPTER 2, DIVISION 4 OF THE UKIAH
CITY CODE, ENTITLED: GREASE INTERCEPTORS, INSTALLATION AND
DISPOSAL OF WASTE
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE.
Article 17 of Chapter 2, Division 4 of the Ukiah City Code is hereby amended to
read as follows:
ARTICLE 17. GREASE INTERCEPTORS, INSTALLATION AND DISPOSAL OF
WASTE
§3798A: PURPOSE, POLICY, AND ADMINISTRATION:
(a) The purpose of this Article is the regulation of the generation and disposal of
grease interceptor waste for the protection of the City of Ukiah (City) Sewage Treatment
Plant (POTW) and the environment.
(b) The objective of this Article is to reduce the operational and maintenance
costs of maintaining the POTW and ensure compliance of State Water Resources Control
Board (SWRCB) permits, including the City's National Pollutant Discharge Elimination
System (NPDES) permit by preventing the accumulation of Grease within the collection
system.
(c) This Article shall apply to the City of Ukiah and to persons outside the City
and the Ukiah Valley Sanitation District (District) who, by contract or agreement with the
City or the District, are users of the City's POTW. This Article rather than the District's
Grease Interceptor Ordinance No. 28 shall apply to properties located both in the City and
the District.
§37986: SPECIALIZED DEFINITIONS:
(a) Unless a provision explicitly states otherwise, terms and phrases as defined
in Section 3701 of this Code shall apply to the extent that they are not in conflict with the
provisions of this Article.
(b) "Director" shall mean the Director of the Public Works Department or another
person designated by the City Manager.
(c) "Fats" shall mean substances that are primarily fatty acid esters of the
alcohol glycerol, also called acylglycerols, neutral fats or glycerides. They are the major
components of depot, or storage, fats in plant and animal cells, especially in the adipose
(or fat) cells of vertebrates. This term may include any synthesized substance of a like
nature.
(d) "Food service facility" shall mean those establishments primarily engaged in
activities of preparing, serving, or otherwise making foodstuffs available for consumption
by the public. Examples of such facilities include a restaurant, commercial kitchen, caterer,
hotel, school, hospital, prison, correctional facility, and care institution. These
establishments use one or more of the following food preparation activities: cooking by
frying (all methods), baking (all methods), grilling, sauteing, rotisserie cooking, broiling (all
methods), boiling, blanching, roasting, toasting, or poaching. Also included are infrared
heating, searing, barbecuing, and any other food preparation activity that produces a hot,
non-drinkable food product in or on a receptacle that requires washing.
(e) "Grease" shall mean fats, waxes, free fatty acids, calcium and magnesium
soaps, mineral oils and certain other non-fatty material from animal or vegetable sources,
or from hydrocarbons of petroleum origins, commonly found in wastewater from food
preparation and food service. Grease may originate from, but not be limited to, discharges
from scullery sinks, pot and pan sinks, dishwashing machines, soup kettles and floor
drains located in areas where grease-containing materials may exist.
(f) "Grease interceptor" or "interceptor" shall mean a structure or device
designed for the purpose of removing and preventing fats, oils, and grease from entering
the sanitary sewer collection system. These devices are often belowground units in
outside areas and are built as two or three chamber baffled tanks.
(g) "Grease Trap" shall mean a device for separating and retaining waterborne
greases and grease complexes prior to the wastewater exiting the trap and entering the
sanitary sewer collection and treatment system. Such traps are typically compact under-
the-sink units that are near food preparation areas.
(h) "Inspector" shall mean the City of Ukiah Environmental Compliance
Inspector, under the instruction and supervision of the City of Ukiah Director of Public
Works, who is assigned to investigate compliance and detect violations of this Ordinance
and shall also mean City of Ukiah Building Inspector, who under the supervision of the
Building Official of the City of Ukiah, is assigned to inspect construction projects within the
City of Ukiah limits to ensure compliance with City of Ukiah building ordinances and other
relevant building ordinances.
(i) "Minimum Design Capability" shall mean the design features of a Grease
Interceptor and its ability or volume required to effectively intercept and retain greases
from grease-laden wastewaters discharged to the public sanitary sewer.
Q) "POTW" or "Publicly Owned Treatment Works" means a treatment works
which is owned by a municipality as defined by section 502(4) of the Clean Water Act.
This definition includes any devices and systems used in the storage, treatment, recycling
and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes
all sewers, pipes and other conveyances that transfer wastewater to a POTW. The term
also means the municipality as defined in section 502(4) of the Act, which has jurisdiction
over the indirect discharges to and the discharges from such a treatment works. For
purposes of this ordinance, the terms "sanitary sewer system" and "POTW" may be used
interchangeably.
(k) "User" shall mean any person who contributes, causes or permits the
contribution or discharge of wastewater into sewers within the City of Ukiah's boundaries,
including persons who contribute such wastewater from mobile sources, such as those
who discharge hauled wastewater.
§3798C: APPLICABILITY AND PROHIBITIONS:
(a) This ordinance shall apply to all non-domestic users of the Publicly Owned
Treatment Works (POTW), as defined in Section 37986 Q) of this Article.
(b) Grease Traps or Grease Interceptors shall not be required for residential
users.
(c) Facilities generating Fats, oils, or Greases as a result of food manufacturing,
processing, preparation, or food service shall install, use, and maintain appropriate Grease
Interceptors or Grease Traps as defined in Section 37986(f) and (g), respectively, of this
Article. These facilities include but are not limited to restaurants, food manufacturers, food
processors, hospitals, hotels and motels, prisons, nursing homes, and any other facility
preparing, serving, or otherwise making any foodstuff available for consumption.
(d) No User may intentionally or unintentionally allow the direct or indirect
discharge of any petroleum oil, non-biodegradable cutting oil, mineral oil, or any Fats, oils,
or Greases of animal or vegetable origin into the POTW system in such amounts as to
cause interference with the collection and treatment system, or as to cause pollutants to
pass through the treatment works into the environment.
§3798D: COMPLIANCE DATE:
(a) On or after the effective date of the ordinance enacting these amendments to
this Article, an existing facility shall be required to install an approved, adequately sized,
and properly operated and maintained Grease Interceptor when any of the following
conditions exist:
1. It is found to be contributing Grease in quantities sufficient to cause
sanitary sewer line stoppages or necessitate increased maintenance on
the sanitary sewer collection system in order to keep main line stoppages
from occurring.
2. It is remodeling the food preparation or kitchen waste plumbing
facilities in such a manner to be subject to a permit issued by the
Department of Planning and Building.
(b) Existing facilities required by this or other applicable ordinance to maintain a
Grease Interceptor presently equipped with an undersized or improper Grease Interceptor
shall, within thirty-six (36) months of the effective date of this ordinance install an
adequately sized Grease Interceptor in accordance with the specifications of this Article.
(c) Existing facilities required by this or other applicable ordinances to maintain a
Grease Interceptor that are not currently equipped with a Grease Interceptor shall, within
eighteen (18) months of the effective date of the amendments to this Article, install an
appropriate and adequately sized Grease Interceptor in accordance with the spec'rfications
of this Article.
(d) New facilities required by this or other applicable ordinances to maintain a
Grease Interceptor shall install such a unit prior to commencement of discharge to the
POTW.
(e) Any requests for extensions to installation dates must be made in writing to
the Director, at least thirty (30) days in advance of the compliance date. The written
request shall include the reasons for the grease generator's failure or inability to comply
with the compliance date set forth, the additional time needed to complete the remaining
work, and the steps to be taken to avoid future delays. The Director shall determine the
date for compliance. Requests based solely on monetary considerations will not be
approved.
Section 3798E: DISCHARGE CRITERIA:
(a) Where Fats and Grease are a byproduct of food preparation and/or cleanup,
reasonable efforts shall be made to separate waste Fats and Grease into a separate
container for proper disposal. Fats and Grease shall not be discharged to any drains or
Grease interceptors, except as contained in byproducts of food preparation and/or clean
up. Such waste shall be placed in a container designed to hold such waste and either
utilized by industry or disposed of at suitable locations. This also applies to residential
users.
(b) None of the following agents shall be placed directly into a Grease
Interceptor, or into any drain that leads to the interceptor:
1. Emulsifiers, de-emulsifiers, surface active agents, enzymes,
degreasers, or any type of product that will liquefy Grease
Interceptor wastes,
2. Any substance that may cause excessive foaming in the POTW, or
3. Any substance capable of passing the solid or semi-solid contents
of the Grease Interceptor to the POTW.
(c) The influent to Grease Interceptors or Grease Traps shall not exceed 140
degrees Fahrenheit (140° F).
(d) Toilets, urinals, and other similar fixtures shall not discharge through a
Grease Interceptor.
(e) No food waste disposal unit or dishwasher shall be connected to or
discharge into any Grease Interceptor or Grease Trap.
§3798F: GREASE INTERCEPTOR PERMIT:
(a) Any Food Service Facility discharging Grease, oil or other objectionable
material is required to obtain a permit from the City known as a "Grease Interceptor
Permit".
(b) All existing facilities must obtain a permit within three (3) years from the date
this ordinance goes into effect.
(c) All facilities will be subject to annual inspections. These inspections will be
initiated within one year after the adoption of this ordinance. Inspection fees will be
assessed as described in subsection 27-6(f) of this ordinance.
(d) "Grease Interceptor Permit" applications shall be completed and filed with the
Inspector. Plans shall be provided with the application indicating the location and design
details for the proposed Grease Interceptor.
(e) Permits shall be issued for a specified time not to exceed five (5) years. If a
permittee is not notified by the Director thirty (30) days prior to the expiration of the permit,
the permit shall be extended one additional year. The terms and conditions of the permit
may be subject to modification by the Director during the life of the permit. The permittee
shall be informed of any proposed changes in the permit at least thirty (30) days prior to
the effective date of change. Any new conditions in the permit shall include a reasonable
time schedule for compliance. After five (5) years from the original permit issue date, the
permit shall be renewed by submitting anew permit application, however; no new
application fee shall be assessed.
(f) Permittees are required to pay aone-time application fee of $100.00 and an
annual inspection fee $100.00. Annual inspection fees may be reduced or waived upon
demonstration by the permittee that Fats, Oils, and Grease collected in Grease
Interceptors, or alternate approved systems, have been recycled for conversion to
biodiesel or other products as approved by the Director. Documentation is subject to
verification by the Director.
(g) Permits shall be issued only for specific uses for specific operations. As a
result of any sale, lease, or transfer of the premises for which the permit was issued, a new
permit shall be required. Any new or changed conditions of operation shall also require
that a new permit be issued.
(h) The permit may be revoked by the Director if the permittee is found to be in
violation of this chapter and who:
1. Fails to install grease pretreatment devices as required by the permit;
2. Fails to fulfill reporting requirements or pretreatment maintenance as
required by the permit;
3. Refuses reasonable access to the permittee's premise for the purpose
of inspection or monitoring;
4. Violates conditions of the permit.
(i) All permittees shall engage in Best Management Practices, as outlined in
documentation provided to the permittee by the Director with the Grease Interceptor Permit
application.
§3798G: GREASE INTERCEPTOR PERMIT REQUIREMENTS:
(a) Any new Food Service Facility discharging Grease, oil or other
objectionable material is subject to Grease Interceptor requirements. All such
facilities must obtain prior approval from the Director for Grease Interceptor sizing
prior to or when submitting plans for a building permit.
(b) Existing facilities with planned modification in plumbing
improvements, with a building permit valuation of $20,000 or more will be required
to include plans to comply with the Grease Interceptor requirements. All existing
facilities, determined by the Director, to have a reasonable potential to adversely
impact the sewer collection system will be notified of their obligation to install a
Grease Interceptor within the specified period set forth in the notification letter
(c) Maintenance records on interceptor cleaning and pumping must be
maintained for three (3) years and must be available for inspection on the
premises.
(d) Grease Interceptors required under this ordinance shall be installed
outdoors unless the Director authorizes the installation of an indoor Grease
Interceptor/Trap or other alternative pretreatment technology and determines that
the installation of a Grease Interceptor would not be feasible.
§3798H: REQUIRED REPORTING:
AN permitted interceptor waste generators shall, at the time of permit
renewal, submit to the Director:
(a) Copies of all manifests made by liquid waste transporters servicing
their Grease Interceptor during past year;
(b) A copy of the Interceptor Maintenance Log;
(c) A copy of the Interceptor Service Contract; and
(d) Any other information required by the Grease Interceptor Permit, including
analysis of the discharge to the POTW of such pollutants as the Director may require.
§3798{: GREASE INTERCEPTOR REQUIREMENTS:
(a) Grease Interceptor sizing and installation shall conform to the current edition
of the California Plumbing Code.
(b) Grease Interceptors shall be constructed in accordance with design
approved by the Director and shall have a minimum of two compartments with fittings
designed for Grease retention.
(c) Grease Interceptors shall be installed at a location where it shall be easily
accessible for inspection, cleaning, and removal of intercepted Grease. The Grease
Interceptor may not be installed in any part of the building where food is handled. Location
of the Grease Interceptor must meet the approval of the Director.
(d) All such Grease Interceptors shall be serviced and emptied of accumulated
waste content as required in order to maintain Minimum Design Capability or effective
volume. These devices should be inspected at least monthly. Users who are required to
maintain a Grease Interceptor shall:
Provide for a minimum hydraulic retention time in accordance with the
California Plumbing Code.
ii. Remove any accumulated Grease cap and sludge pocket as required.
iii. Grease Interceptors shall be kept free of inorganic solid materials
such as grit, rocks, gravel, sand, eating utensils, cigarettes, shells,
towels, rags, etc., which could settle into this pocket and thereby
reduce the effective volume of the device.
(e) Access manholes, with a minimum diameter of twenty-four (24) inches, shall
be provided over each Grease Interceptor chamber and sanitary tee. The access
manholes shall extend at least to finished grade and be designed and maintained to
prevent water inflow or infiltration. The manholes shall also have readily removable covers
to facilitate inspection, grease removal, and wastewater sampling activities.
(f) Grease Interceptors required under this Ordinance shall be installed in all food
service facilities unless the Director authorizes the installation of an indoor Grease Trap or
other alternative pretreatment technology and determines that the installation of a Grease
Interceptor would not be feasible. The food service facility bears the burden of
demonstrating the installation of a Grease Interceptor is not feasible. If a facility believes
the installation of a Grease Interceptor is infeasible, because of documented space
constraints, the request for an alternative grease removal device shall contain the following
information:
Location of sewer main and easements in relation to available exterior
space;
ii General information about existing plumbing at the site.
§3798J: GREASE TRAP REQUIREMENTS:
(a) Upon approval by the Director, a Grease Trap complying with the provisions
of this section must be installed in the waste line leading from sinks, drains, and other
fixtures or equipment in Food Service Facilities where Grease may be introduced into the
drainage or sewage system in quantities that can effect line stoppage or hinder sewage
treatment or private sewage disposal.
(b) Grease Traps sizing and installation shall conform to the Cal'rfornia Plumbing
Code.
(c) Grease Traps shal{ be maintained in efficient operating conditions by periodic
removal of the accumulated Grease. No such collected Grease shall be introduced into
any drainage piping, or public or private sewer.
(d) No food waste disposal unit or dishwasher shall be connected to or
discharge into any Grease Trap.
(e) Wastewater in excess of 140 degrees Fahrenheit shall not be discharged into
a Grease Trap.
§3798K: VIOLATION.
(a) It is unlawful for any User to discharge into the POTW in any manner that is
in violation of this Article, or of any condition set forth in this Article. Additionally, a person
commits an offense if the person causes or permits the plugging or blocking of, or
otherwise interferes with or permits interference with a Grease Interceptor or the POTW,
including alteration or removal of any flow constricting devices so as to cause flow to rise
above the design capacity of the interceptor.
(b) No person, and/or facility shall discharge Grease to the POTW, except as
expressly authorized by this Article. If such discharge occurs, the person or facility shall
be considered in violation of this Article and subject to the remedies described herein.
This includes non-permitted facilities.
(c) In addition to prohibiting certain conduct by natural persons, it is the intent of
this Article to hold a corporation, association, LLC, LLP, or other entity or organization
legally responsible for prohibited conduct performed by an agent acting on behalf of such
an entity and within the scope of his office or employment.
(d) The City may recover the fees and costs imposed by this Section in a civil
action and may pursue any other remedy available at law or inequity to address a violation
of this Article or to enforce compliance with it.
§3798L: ENFORCEMENT:
(a) Except as provided herein, for a period of one year following adoption of this
ordinance, although installation of Grease Traps will be required to be installed, no
enforcement actions will be taken under this ordinance for failure to achieve limits on
Grease discharges from the facility. If, during this one year period an obstruction of a
sewer main(s) occurs that causes a sewer overflow to the extent that an impact on the
environment is realized and that said overflow or failure of the sanitary sewer collection
system to convey sewage can be attributed in part or in whole to an accumulation of
Grease in the sewer main(s), the City will take appropriate enforcement actions, as
stipulated in this Chapter, against the generator or contributor of such Grease.
(b) Minor Violation -Any person violating any of the provisions of this Article
shall be to a subject to a written warning for the first violation, a $500 civil penalty for the
second violation, a $1,000 civil penalty for the third violation, a $2,000 civil penalty for the
fourth violation, and an additional $500 civil penalty for each subsequent violation (e.g.,
$3,000 for a fifth violation, $3,500 for a sixth violation) within atwo- year period. A fifth or
subsequent violation within a two year period may result in termination of service.
(c) Maior Violation - If the City through the Director or his designee determines
that a User is responsible for a blockage of a collection system line:
For the first offense, a field citation with date for compliance shall be
issued to the responsible person on site. The focus of the citation shall
be education. The cost of removal of the blockage shall not be
assessed for the first occurrence. However, the facility shall be
notified of the cost that they may incur for additional violations in the
future.
For the second offense within a twelve (12) month period, a Notice of
Violation shall be issued with a penalty of no less than $1,000.00 in
addition to the cost of the removal both the first blockage which gave
rise to the first offense and the second blockage which gave rise to the
second offense to be assessed. The discharger shall be informed that
a future blockage resulting from a violation will result in termination of
sewer service.
iii For the third offense within atwo-year period, a Notice of Violation
shall be issued with a penalty of no less than $2,500.00 per violation
plus the cost of the removal of the blockage and termination of sewer
service.
§37980. APPEAL PROCESS:
(a) The City Council of the City of Ukiah shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or determination made by the
Inspector or Director in the enforcement or administration of this ordinance.
(b) Appeals shall be made in writing to the Director not more than thirty (30) from
the date the appealing party received notice of the disputed decision which shall be heard
by the City Council at a regular meeting held not less than thirty (30) days from the date
the appeal is filed with the Director. The appealing party shall receive notice of the date
and time of the hearing not less than twenty (20) days before the matter is heard by the
City Council. The City Council shall receive evidence and argument from the appellant
and the Director and may uphold, reverse or modify the decision or determination
appealed from. The decision of the City Council shall be final for the City.
§3798P: AUTHORIZATION:
The Director is authorized to promulgate such rules and regulations as shall be
reasonable and necessary to carry out the provisions of this Article according to its terms
and intent.
§3798Q: SEVERABILITY:
If any part or parts of this Article shall be held to be invalid, such invalidity shall not
affect the remaining parts of this Article. The City Council declares that it would have
passed the remaining parts of this Article, if it had known that such part or parts thereof
would be declared invalid.
SECTION THREE
This Ordinance shall become effective thirty (30) days after adoption.
Introduced by title only on September 17, 2008, by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
Adopted on October 1, 2008 by the following roll call vote:
AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin and Mayor Crane
NOES: None
ABSENT: None
ABSTAIN: None
r-,~,~--
Dougla F. Crane, Mayor
ATTEST:
Linda .Brown, City Clerk