HomeMy WebLinkAboutOCSD-25 F.O.G Regulations ORDINANCE NO. OCSD-25
ADOPTING FATS, OILS AND GREASE CONTROL REGULATIONS
APPLICABLE TO FOOD SERVICE ESTABLISHMENTS
AN ORDINANCE OF THE BOARD OF DIRECTORS OF ORANGE
COUNTY SANITATION DISTRICT ADOPTING FATS, OILS AND
GREASE CONTROL REGULATIONS APPLICABLE TO FOOD SERVICE
ESTABLISHMENTS
WHEREAS, pursuant to the County Sanitation District Act, Health & Safety Code
§§4700 at seq., the Orange County Sanitation District ("District") has the authority to
adopt ordinances relating to the provision of sewer services and facilities, and
regulations of those services and facilities; and
WHEREAS, the Regional Water Quality Control Board ("RWQCB") for the Santa
Ana Region adopted Order R8-2002-0014, which prescribes general waste discharge
requirements prohibiting 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 District's service
area is "grease blockages;"and
WHEREAS, SSOs often caused by discharge of wastewater containing high
levels of fat, oils and grease ('FOG"), suspended solids, pathogenic organisms, and
other pollutants, may cause temporary exceedances of applicable water quality
objectives, pose a threat to the public health, adversely affect aquatic life, and impair the
public recreational use and aesthetic enjoyment of surface waters within the District's
service area; and
WHEREAS, the 2000-2001 Orange County Grand Jury ("Grand Jury ) conducted
a survey among 35 wastewater collection and treatment agencies in Orange County and
concluded that one of the leading causes of SSOs and sewage spills is sewer lines
clogged from the accumulation of FOG discharged from Food Service Establishments;
and
WHEREAS, the Grand Jury further concluded that more effective methods of
minimizing grease discharges into the sewer system must be developed and
implemented to reduce the discharge of FOG to the sewer system in order to prevent
sewer blockages and SSOs; and
WHEREAS, Order No. R8-2002-0014 requires the District to monitor and control
SSOs and to develop a FOG Control Program by December 30, 2004; and
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019NW0241
WHEREAS, in light of the overwhelming evidence that FOG is a primary cause of
SSOs, the District desires to implement a FOG Control Program to prevent SSOs; and
WHEREAS, Section 1014 of the 2001 California Plumbing Code, applicable to all
occupancies in the State pursuant to the California Building Standards Law, requires the
installation of grease traps or interceptors when in the opinion of the Building Official
waste pretreatment is required; and
WHEREAS, the foregoing findings indicate that a FOG Control Program is
required for Food Service Establishments within the District's jurisdiction to comply with
waste discharge regulations and prevent the harmful effects of SSOs; and
WHEREAS, the regulations adopted herein will require existing Food Service
Establishments to install grease control devices or interceptors no later than three years
from the effective date of this Ordinance, and the Board finds that three years is a
reasonable amortization period for existing Food Service Establishments that are
operating without a grease control device or grease interceptor; and
WHEREAS, the Board of Directors finds that specific enforcement provisions
must be adopted to govern discharges of wastewater to the District's system by Food
Service Establishments.
NOW, THEREFORE, the Board of Directors does hereby ordain as follows:
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ARTICLE 1 - GENERAL PROVISIONS
1.1 PURPOSE AND POLICY
A. The purpose of this Ordinance is to facilitate the maximum beneficial
public use of the District's sewer services and facilities while preventing
blockages of the sewer lines resulting from discharges of FOG to the
sewer facilities, and to specify appropriate FOG discharge requirements
for Food Service Establishments.
B. This Ordinance shall be interpreted in accordance with the definitions set
forth in Section 1.2. The provisions of this Ordinance shall apply to the
direct or indirect discharge of all wastewater or waste containing FOG
carried to the sewer facilities of the District.
C. To comply with Federal, State, and local policies and to allow the District
to meet applicable standards, provisions are made in this Ordinance for
the regulations of wastewater or waste containing FOG discharges to the
sewer facilities.
D. This Ordinance establishes quantity and quality standards on all
wastewater and/or waste discharges containing FOG, which may alone or
collectively cause or contribute to FOG accumulation in the sewer
facilities causing or potentially causing or contributing to the occurrence of
SSOs.
1.2 DEFINITIONS
A. 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).
B. 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.
C. Subject to the foregoing provisions, the following definitions shall apply in
this Ordinance:
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Best Management Schedules of activities, prohibitions of practices,
Practices maintenance procedures and other management
practices to prevent or reduce the introduction of FOG
to the sewer facilities.
Board The Board of Directors of the District.
Change in Operations Any change in the ownership, food types, or
operational procedures that have the potential to
increase the amount of FOG generated and/or
discharged by Food Service Establishments in an
amount that alone or collectively causes or creates a
potential for SSOs to occur.
Composite Sample A collection of individual samples obtained at selected
intervals based on an increment of either flow or time.
The resulting mixture (composite sample) forms a
representative sample of the wastestream discharged
during the sample period. Samples will be collected
when a wastewater discharge occurs.
Discharger Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer.
Discharger shall mean the same as User.
District The Orange County Sanitation District.
Sewer Facility or Any property belonging to the District used in the
System treatment, reclamation, reuse, transportation, or
disposal of wastewater, or sludge.
Effluent Any liquid outflow from the Food Service Establishment
that is discharged to the sewer.
Fats, Oils, and Any substance such as a vegetable or animal product
Grease ("FOG") 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 Control Program The FOG Control Program required by and developed
pursuant to RWQCB Order No. R8-2002-0014, Section
(c)(12)(viii).
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FOG Control Program The individual designated by the District to administer
Manager the FOG Control Program. The FOG Control Program
Manager is responsible for all determinations of
compliance with the program, including approval of
discretionary variances and waivers.
FOG Wastewater A permit issued by the District subject to the
Discharge Permit requirements and conditions established by the District
authorizing the permittee or discharger to discharge
wastewater into the District's facilities or into sewer
facilities which ultimately discharge into a District
facility.
Food Service Facilities defined in California Uniform Retail Food
Establishment Service Establishments Law (CURFFL) Section
113785, and any commercial enfity within the
boundaries of the District, 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. 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.
Food Grinder Any device installed in the plumbing or sewage system
for the purpose of grinding food waste or food
preparation by products for the purpose of disposing it
in the sewer system.
Grease Control Any grease interceptor, grease trap or other
Device mechanism, device, or process, which attaches to, or
is applied to, wastewater plumbing fixtures and lines,
the purpose of which is to trap or collect or treat FOG
prior to it being discharged into the sewer system.
"Grease control device" may also include any other
proven method to reduce FOG subject to the approval
of the District.
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Grease Disposal A fee charged to an Owner/Operator of a Food Service
Mitigation Fee Establishment when there are physical limitations to
the property that make the installation of the usual and
customary grease interceptor or grease control device
for the Food Service Establishment under
consideration, impossible or impracticable. The
Grease Disposal Mitigation Fee is intended to cover
the costs of increased maintenance of the sewer
system for inspection and cleaning of FOG and other
viscous or solidifying agents that a properly employed
grease control device would otherwise prevent from
entering the sewer system.
Grease Interceptor A multi-compartment device that is constructed in
different sizes and is generally required to be located,
according to the California Plumbing Code,
underground between a Food Service Establishment
and the connection to the sewer system. These
devices primarily use gravity to separate FOG from the
wastewater as it moves from one compartment to the
next. These devices must be cleaned, maintained, and
have the FOG removed and disposed of in a proper
manner on regular intervals to be effective.
Grease Trap A grease control device that is used to serve individual
fixtures and have limited effect and should only be
used in those cases where the use of a grease
interceptor or other grease control device is
determined to be impossible or impracticable.
General Manager The individual duly designated by the Board of
Directors of the District to administer this Ordinance.
Grab Sample A sample taken from a waste stream on a one-time
basis without regard to the flow in the waste stream
and without consideration of time.
Hot Spots Areas in sewer lines that have experienced sanitary
sewer overflows or that must be cleaned or maintained
frequently to avoid blockages of sewer system.
Inflow Water entering a sewer system through a direct
stormwater/ runoff connection to the sanitary sewer,
which may cause an almost immediate increase in
wastewater flows.
Infiltration Water entering a sewer system, Including sewer
service connections, from the ground through such
means as defective pipes, pipe joints, connections, or
manhole walls.
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Inspector A person authorized by the District to inspect any
existing or proposed wastewater generation,
conveyance, processing, and disposal facilities.
Interceptor A grease interceptor.
Interference Any discharge which, alone or in conjunction with
discharges from other sources, inhibits or disrupts the
District's sewer system, treatment processes or
operations; or is a cause of violation of the District's
NPDES or Waste Discharge Requirements or prevents
lawful sludge use or disposal.
Local Sewering Any public agency or private entity responsible for the
Agency collection and disposal of wastewater to the District's
sewer facilities duly authorized under the laws of the
State of California to construct and/or maintain public
sewers.
NPDES The National Pollutant Discharge Elimination System;
the permit issued to control the discharge of liquids or
other substances or solids to surface waters of the
United States as detailed in Public Law 92-500,
Section 402.
New Construction Any structure planned or under construction for which
a sewer connection permit has not been issued.
Permittee A person who has received a permit to discharge
wastewater into the District's sewer facilities subject to
the requirements and conditions established by the
District.
Person Any individual, partnership, firm, association,
corporation or public agency, including the State of
California and the United States of America.
Public Agency The State of California and/or any city, county, special
district, other local governmental authority or public
body of or within this State.
Public Sewer A sewer owned and operated by the District, or other
local Public Agency, which is tributary to the District's
sewer facilities.
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Regulatory Agencies Regulatory Agencies shall mean those agencies
having regulatory jurisdiction over the operations of the
District, including, but not limited to:
a) United States Environmental Protection
Agency, Region IX, San Francisco and
Washington, DC (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 District
(SCAQMD).
e) California Department of Health Services
(DOHS).
Remodeling A physical change or operational change causing
generation of the amount of FOG that exceed the
current amount of FOG discharge to the sewer system
by the Food Service Establishment in an amount that
alone or collectively causes or create a potential for
SSOs to occur; or exceeding a cost of $50,000 to a
Food Service Establishment 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.
Sample Point A location approved by the District, from which
wastewater can be collected that is representative in
content and consistency of the entire flow of
wastewater being sampled.
Sampling Facilities Structure(s) provided at the user's expense for the
District or user to measure and record wastewater
constituent mass, concentrations, collect a
representative sample, or provide access to plug or
terminate the discharge.
Sewage Wastewater.
Sewer Facilities or Any and all facilities used for collecting, conveying,
System pumping, treating, and disposing of wastewater and
sludge.
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Sewer Lateral A building sewer as defined in the latest edition of the
California Plumbing Code. It is the wastewater
connection between the building's wastewater facilities
and a public sewer system.
Sludge Any solid, semi-solid or liquid decant, subnate or
supernate from a manufacturing process, utility
service, or pretreatment facility.
Twenty-five percent Requirement for grease interceptors to be maintained
(25%) Rule such that the combined FOG and solids accumulation
does not exceed 25% of the design hydraulic depth of
the grease interceptor. This is to ensure that the
minimum hydraulic retention time and required
available hydraulic volume is maintained to effectively
intercept and retain FOG discharged to the sewer
system.
User Any person who discharges or causes a discharge of
wastewater directly or indirectly to a public sewer
system. User shall mean the same as Discharger.
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.
Manifest That receipt which is retained by the generator of
wastes for disposing recyclable wastes or liquid wastes
as required by the District.
Waste Minimization Plans or programs intended to reduce or eliminate
Practices discharges to the sewer system or to conserve water,
including, but not limited to, product substitutions,
housekeeping practices, inventory control, employee
education, and other steps as necessary to minimize
wastewater produced.
Wastehauler Any person carrying on or engaging in vehicular
transport of waste as part of, or incidental to, any
business for that purpose.
Wastewater The liquid and water-carded wastes of the community
and all constituents thereof, whether treated or
untreated, discharged into or permitted to enter a
public sewer.
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Wastewater The individual chemical, physical, bacteriological, and
Constituents and other parameters, including volume and Flow rate and
Characteristics such other parameters that serve to define, classify or
measure the quality and quantity of wastewater.
D. Words used in this Ordinance 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.
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ARTICLE 2 -GENERAL LIMITATIONS, PROHIBITIONS,AND REQUIREMENTS ON
FATS, OILS,AND GREASE ("FOG") DISCHARGES
2.1 FOG DISCHARGE REQUIREMENT
No Food Service establishment shall discharge or cause to be discharged into
the sewer system FOG that exceeds a concentration level adopted by the Board
or that may accumulate and/or cause or contribute to blockages in the sewer
system or at the sewer system lateral which connects the Food Service
Establishment to the sewer system.
2.2 PROHIBITIONS
The following prohibitions shall apply to all Food Service Establishments:
A. Installation of food grinders in the plumbing system of new constructions
of Food Service Establishments shall be prohibited. Furthermore, all food
grinders shall be removed from all existing Food Service Establishments
within 180 days of the effective date of this Ordinance, except when
expressly allowed by the FOG Control Program Manager.
B. Introduction of any additives into a Food Service Establishment's
wastewater system for the purpose of emulsifying FOG or
biologically/chemically treating FOG for grease remediation or as a
supplement to interceptor maintenance, unless a specific written
authorization from the FOG Control Program Manager is obtained.
C. Disposal of waste cooking oil into drainage pipes is prohibited. Al waste
cooking oils shall be collected and stored properly in receptacles such as
barrels or drums for recycling or other acceptable methods of disposal.
D. Discharge of wastewater from dishwashers to any grease trap or grease
interceptor is prohibited.
E. Discharge of wastewater with temperatures in excess of 140`F to any
grease control device, including grease traps and grease interceptors, is
prohibited.
F. Discharge of wastes from toilets, urinals, wash basins, and other fixtures
containing fecal materials to sewer lines intended for grease interceptor
service, or vice versa, is prohibited.
G. Discharge of any waste including FOG and solid materials removed from
the grease control device to the sewer system is prohibited. Grease
removed from grease interceptors shall be wastehauled periodically as
part of the operation and maintenance requirements for grease
interceptors.
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H. Operation of grease interceptors with FOG and solids accumulation
exceeding 25% of the design hydraulic depth of the grease interceptor
(25% Rule)
2.3 FOG WASTEWATER DISCHARGE PERMIT REQUIRED
No person shall discharge, or cause to be discharged any wastewater from Food
Service Establishments directly or indirectly into the sewer system without first
obtaining a FOG Wastewater Discharge Permit pursuant to this Ordinance.
2.4 BEST MANAGEMENT PRACTICES REQUIRED
All Food Services Establishments shall implement Best Management Practices in
its operation to minimize the discharge of FOG to the sewer system. Detailed
requirements for Best Management Practices shall be specified in the permit.
This may include kitchen practices and employee training that are essential in
minimizing FOG discharge.
2.5 FOG PRETREATMENT REQUIRED
Food Service Establishments are required to install, operate and maintain an
approved type and adequately sized grease interceptor necessary to maintain
compliance with the objectives of this Ordinance, subject to the variance and
waiver provisions of Section 2.6. The grease interceptor shall be adequate to
separate and remove FOG contained in wastewater discharges from Food
Service Establishments prior to discharge to the sewer system. Fixtures,
equipment, and drain lines located in the food preparation and clean up areas of
Food Service Establishments that are sources of FOG discharges shall be
connected to the grease interceptor. Compliance shall be established as follows:
A. New Construction of Food Service Establishments
New construction of Food Service Establishments shall include and install
grease interceptors prior to commencing discharges of wastewater to the
sewer system.
B. Existina Food Service Establishments
1. For existing Food Service Establishments, the requirement to
install and to property operate and maintain a grease interceptor
may be conditionally stayed, that is, delayed in its implementation
by the FOG Control Program Manager for a maximum period of
three years from the effective date of this Ordinance (3-year
Amortization Period). Terms and conditions for application of a
stay to a Food Service Establishment shall be set forth in the
permit. The Board finds that three years is a reasonable
amortization period for existing Food Service Establishments that
are operating without a grease interceptor.
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2. Existing Food Service Establishments, which have caused or
contributed to grease-related blockage in the sewer system, or
,:hicr -ave sewer laterals connected to hot spots, or which have
been determined to contribute significant FOG to the sewer
system by the FOG Control Program Manager based on
nspec:on or sampling, shall be deemed to have reasonable
oc:e2 a to adversely impact the sewer system, and shall install
crease interceptors within 180 days upon notification by the
District.
3. Ex s: -g Food Service Establishments or Food Service
Estab Is-ments that change ownership, that undergo remodeling
o- a change in operations as defined in Section 1.2 of this
Ordinance, shall be required to install a grease interceptor.
2.6 VARIANCE AND WAIVER OF GREASE INTERCEPTOR REQUIREMENT
A. Variance from grease Interceptor Reouirements
Ai ex'sCrc Fccd Service Establishment may obtain a variance from the
grease Irterceptor requirement to allow alternative pretreatment
techro.oc, ;aa: is, at least, equally effective in controlling the FOG
discrarce '9 Ileu of a grease interceptor, if the Food Service
Estab 'sii-.en- cemonstrates that it is impossible or impracticable to
install. cpera:e or maintain a grease interceptor. The FOG Control
?-cara-r l.laracer's determination to grant a variance will be based upon,
but rot I m tec :o. evaluation of the following conditions:
Tl-e-e 's qo adequate space for installation and/or maintenance of
a grease interceptor.
2. There s no adequate slope for gravity flow between kitchen
plun-binc fixtures and the grease interceptor and/or between the
_grease interceptor and the private collection lines or the public
sever.
3. Tre Food Service Establishment can justify that the alternative
aetrastment technology is equivalent or better than a grease
rtereptor in controlling its FOG discharge. In addition, the Food
Service Establishment must be able to demonstrate, after
rstaGatlon of the proposed alternative pretreatment, its
_o-e.,: eress to control FOG discharge through downstream
eual monitoring of the sewer system,for at least three months, at
__: expense. A Variance may be granted if the results show
no ,is ole accumulation of FOG in its lateral and/or tributary
dc,vrstream sewer lines.
B. C3 tip-: `^!a ver from Installation of Grease Interceptor
An existing Food Service Establishment may obtain a conditional waiver
from installation of a grease interceptor, if the Food Service
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s a, c'rrrert demonstrates that it has negligible FOG discharge and
rslgni cast npact to the sewer system. Although a waiver from
—s: attar c grease interceptor may be granted, the Food Service
Esreir ��—.en_ may be required to provide space and plumbing
sec egeticn far future installation of grease interceptor. The FOG Control
Program h.laraaer's determination to grant or revoke a conditional waiver
sFs'I oe oased upon, but not limited to, evaluation of the following
care Lions.
Qca�tiry of FOG discharge as measured or as indicated by the
size of =ood Service Establishment based on seating capacity,
ncmbe, of meals served, menu, water usage, amount of on-site
corsi,mption of prepared food and other conditions that may
reasoraoly be shown to contribute to FOG discharges.
2 of „mplementatlon of Best Management Practices and
ccrrpliance history.
_. Sesc size, grade, condition based on visual information, FOG
..exstion in the sewer by the Food Service Establishment, and
Plsts. sf maintenance and sewage spills in the receiving sewer
s,stam
C,arges in operations that significantly affect FOG discharge.
An otre, condition deemed reasonably related to the generation
of FOG dlsotiarges by the FOG Control Program Manager.
- -r fro-- Grease Interceptor Installation with a Grease Disposal
'a til
Fo- Food Sarvice Establishments where the installation of grease
rtercep:cr Is rot feasible and no equivalent alternative pretreatment can
oe i tstalled. a ,vaiver from the grease interceptor requirement may be
araiaac ratl- the imposition of a Grease Disposal Mitigation Fee as
describes r aection 2.8. Additional requirements may be imposed to
m,' ca-e ,re discharge of FOG into the sewer system. The FOG Control
F roc arc i.lerager's determination to grant the waiver with a Grease
C ,csa' I.'.tiyatlon Fee will be based upon, but not limited to, evaluation
c`the fo Io:v.r 1 conditions:
1 TFe e s ro adequate space for installation and/or maintenance of
a grease interceptor.
2 Tree_ is no adequate slope for gravity flow between kitchen
p �mbing fixtures and the grease interceptor and/or between the
grease interceptor and the private collection lines or the public
server.
3. A ✓a,ante from grease interceptor installation to allow alternative
pretreatment technology cannot be granted.
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D. Application for Waiver or Variance of Requirement for Grease Interceptor
A Food Service Establishment may submit an application for waiver or
variance from the grease interceptor requirement to the FOG Control
Program Manager. The Food Service Establishment bears the burden of
demonstrating, to the FOG Control Program Manager's reasonable
satisfaction, that the installation of a grease interceptor is not feasible or
applicable. Upon determination by the FOG Control Program Manager
that reasons are sufficient to justify a variance or waiver, the permit will be
issued or revised to include the variance or waiver and relieve the Food
Service Establishment from the requirement.
E. Terms and conditions
A variance or waiver shall contain terms and conditions that serve as
basis for its issuance. A waiver or variance may be revoked at any time
when any of the terms and conditions for its issuance is not satisfied or if
the conditions upon which the waiver was based change so that the
justification for the waiver no longer exists. The waiver or variance shall
be valid so long as the Food Service Establishment remains in
compliance with their terms and conditions until the expiration date
specified in the variance or waiver.
2.7 COMMERCIAL PROPERTIES
Property owners of commercial properties or their official designee(s) shall be
responsible for the installation and maintenance of the grease interceptor serving
multiple Food Service Establishments that are located on a single parcel.
2.8 GREASE DISPOSAL MITIGATION FEE
Food Service Establishments that operate without a grease control interceptor
may be required to pay an annual Grease Disposal Mitigation Fee to equitably
cover the costs of increased maintenance of the sewer system as a result of the
Food Service Establishments' Inability to adequately remove FOG from its
wastewater discharge. This Section shall not be interpreted to allow the new
construction of, or existing Food Service Establishments undergoing remodeling
or change in operations to operate without an approved grease interceptor
unless the District has determined that it is impossible or Impracticable to install
or operate a grease control interceptor for the subject facility under the provisions
of Section 2.6 of this Ordinance.
A. The Grease Disposal Mitigation Fee shall be established by ordinance or
resolution of the Board of Directors, and shall be based on the estimated
annual increased cost of maintaining the sewer system for Inspection and
removal of FOG and other viscous or solidifying agents attributable to the
Food Service Establishment resulting from the lack of a grease
interceptor or grease control device.
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B. The Grease Disposal Mitigation Fee may be waived or reduced on a no
less than an annual basis when the discharger demonstrates to the
reasonable satisfaction of the FOG Control Program Manager that they
had used best management and waste minimization practices on a
regular basis that has significantly reduced the introduction of FOG into
the sewer system.
C. The Grease Disposal Mitigation Fee may not be waived or reduced when
the Food Service Establishment does not comply with the minimum
requirements of this Ordinance and/or its discharge into the sewer system
in the preceding 12 months has caused or potentially caused or
contributed alone or collectively, in sewer blockage or SSO in the sewer
downstream, or surrounding the Food Service Establishment prior to the
waiver request.
2.9 SEWER SYSTEM OVERFLOWS, PUBLIC NUISANCE,ABATEMENT ORDERS
AND CLEANUP COSTS
Notwithstanding the three-year amortization period established in Section 2.5.
Food Service Establishments found to have contributed to a sewer blockage,
SSOs or any sewer system interferences resulting from the discharge of
wastewater or waste containing FOG, shall be ordered to install and maintain a
grease interceptor, and may be subject to a plan to abate the nuisance and
prevent any future health hazards created by sewer line failures and blockages,
SSOs or any other sewer system interferences. SSOs may cause threat and
injury to public health, safety, and welfare of life and property and are hereby
declared public nuisances. Furthermore, sewer lateral failures and SSOs caused
by Food Service Establishments alone or collectively, are the responsibility of the
private property owner or Food Service Establishment, and individual($) as a
responsible officer or owner of the Food Service Establishment. If the District
must act immediately to contain and clean up an SSO caused by blockage of a
private or public sewer lateral or system serving a Food Service Establishment ,
or at the request of the property owner or operator of the Food Service
Establishment, or because of the failure of the property owner or Food Service
Establishment to abate the condition causing immediate threat of injury to the
health, safety, welfare, or property of the public, the District's costs for such
abatement may be entirely bome by the property owner or operator of the Food
Service Establishment, and individual(s) as a responsible officer or owner of the
Food Service Establishment(s) and may constitute a debt to the District and
become due and payable upon the District's request for reimbursement of such
costs.
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ARTICLE 3 - FOG WASTEWATER DISCHARGE PERMITS FOR FOOD SERVICE
ESTABLISHMENTS
3.1 FOG WASTEWATER DISCHARGE PERMIT REQUIRED
A. Food Service Establishments proposing to discharge or currently
discharging wastewater containing FOG into the District's sewer system
shall obtain a FOG Wastewater Discharge Permit from the District.
B. FOG Wastewater Discharge Permits shall be expressly subject to all
provisions of this Ordinance and all other regulations, charges for use,
and fees established by the District. The conditions of FOG Wastewater
Discharge Permits shall be enforced by the District in accordance with
this Ordinance and applicable State and Federal Regulations.
3.2 FOG WASTEWATER DISCHARGE PERMIT APPLICATION
A. Any person required to obtain a FOG Wastewater Discharge Permit shall
complete and file with the District prior to commencing or continuing
discharges, an application in a form prescribed by the District. The
applicable fees shall accompany this application. The applicant shall
submit, in units and terms appropriate for evaluation, the following
information at a minimum:
1. Name, address, telephone number, assessors parcel number(s),
description of the Food Service Establishment, operation, cuisine,
service activities, or clients using the applicant's services.
2. (Whichever is applicable) Name, address of any and all
principals/owners/major shareholders of the Food Service
Establishment; Articles of Incorporation; most recent Report of the
Secretary of State; Business License.
3. Name and address of property owner or lessor and the property
manager where the Food Service Establishment is located.
4. Any other information as specified in the application form.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances
by size, location, and elevation for evaluation.
C. Other information related to the applicant's business operations and
potential discharge may be requested to properly evaluate the permit
application.
D. After evaluation of the data furnished, the District may issue a FOG
Wastewater Discharge Permit, subject to terms and conditions set forth in
wsms-OxS:yl:aiaWaAD/M/at 18
this Ordinance and as otherwise determined by the FOG Control Program
Manager to be appropriate to protect the District's sewer system.
3.3 FOG WASTEWATER DISCHARGE PERMIT CONDITION
The Issuance of a FOG Wastewater Discharge Permit may contain any of the
following conditions or limits:
A. Limits on discharge of FOG and other priority pollutants.
B. Requirements for proper operation and maintenance of grease
interceptors and other grease control devices.
C. Grease interceptor maintenance frequency and schedule.
D. Requirements for implementation of Best Management Practices and
Installation of adequate grease interceptor and/or grease control device.
E. Requirements for maintaining and reporting status of Best Management
Practices
F. Requirements for maintaining and submitting logs and records, Including
wastehauling records and waste manifests.
G. Requirements to self-monitor.
H. Requirements for the Food Service Establishment to construct, operate
and maintain, at its own expense, FOG control device and sampling
facilities.
I. Additional requirements as otherwise determined to be reasonably
appropriate by the FOG Control Program Manager to protect the District's
system or as specified by other Regulatory Agencies.
J. Other terms and conditions, which may be reasonably applicable to
ensure compliance with this Ordinance.
3.4 FOG WASTEWATER DISCHARGE PERMIT APPLICATION FEE
The FOG Wastewater Discharge Permit Application fee shall be paid by the
applicant in an amount adopted by ordinance or resolution of the Board of
Directors of the District. Payment of permit application fee must be received by
the District upon submission of the permit application. A permittee shall also pay
any delinquent invoices in full prior to permit renewal.
3.5 FOG WASTEWATER DISCHARGE PERMIT MODIFICATION OF TERMS AND
CONDITIONS
A. The terms and conditions of an issued permit may be subject to
modification and change by the sole determination of the FOG Control
Program Manager during the life of the permit based on:
W915-0xS:pl:A189145:10/22/04 19
1. The discharger's current or anticipated operating data;
2. The District's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the District; or
4. A determination by the FOG Control Program Manager that such
modification is appropriate to further the objectives of this
Ordinance.
B. The Permittee may request a modification to the terms and conditions of
an issued permit. The request shall be in writing stating the requested
change, and the reasons for the change. The FOG Control Program
Manager shall review the request, make a determination on the request,
and respond in writing.
C. The Permittee shall be informed of any change in the permit limits,
conditions, or requirements at least forty-five (45) days prior to the
effective date of change. Any changes or new conditions in the permit
shall include a reasonable time schedule for compliance.
3.6 FOG WASTEWATER DISCHARGE PERMIT DURATION AND RENEWAL
FOG Wastewater Discharge Permits shall be issued for a period not to exceed
four (4)years. At least 60 days prior to the expiration of the permit, the user shall
apply for renewal of the permit in accordance with the provisions of this Article 3.
3.7 EXEMPTION FROM FOG WASTEWATER DISCHARGE PERMIT
A limited food preparation establishment is not considered a Food Service
Establishment and is exempt from obtaining a FOG Wastewater Discharge
Permit. Exempted establishments shall be engaged only in reheating, hot holding
or assembly of ready to eat food products and as a result, there is no wastewater
discharge containing significant amount of FOG. A limited food preparation
establishment does not include any operation that changes the form, flavor, or
consistency of food.
3.8 NON-TRANSFERABILITY OF PERMITS
FOG Wastewater Discharge Permits issued under this Ordinance are for a
specific Food Service Establishment, for a specific operation and create no
vested rights.
A. No permit holder shall assign, transfer, sell any FOG Wastewater
Discharge Permit issued under this Ordinance nor use any such permit
for or on any premises or for facilities or operations or discharges not
expressly encompassed within the underlying permit.
B. Any permit which is transferred to a new owner or operator or to a new
facility is void.
wso-s-Oxepj:aism4sao/xx/o4 20
3.9 FOG WASTEWATER DISCHARGE PERMIT CHARGE FOR USE
A charge to cover all costs of the District for providing the sewer service and
monitoring shall be established by Ordinance or Resolution of the Board of
Directors of the District.
wS&S-oxs:pj:xtanasio/22/sa 21
ARTICLE 4 - FACILITIES REQUIREMENTS
4.1 DRAWING SUBMITTAL REQUIREMENTS
Upon request by the District:
A. Food Service Establishments may be required to submit two copies of
facility site plans, mechanical and plumbing plans, and details to show all
sewer locations and connections. The submittal shall be in a form and
content acceptable to the District for review of existing or proposed
grease control device, grease interceptor, monitoring facilities, metering
facilities, and operating procedures. The review of the plans and
procedures shall in no way relieve the Food Service Establishments of
the responsibility of modifying the facilities or procedures in the future, as
necessary to produce an acceptable discharge, and to meet the
requirements of this Ordinance or any requirements of other Regulatory
Agencies.
B. Applicants may be required to submit site plans, floor plans, mechanical
and plumbing plans, and details to show all sewers, FOG control device,
grease interceptor or other pretreatment equipment and appurtenances
by size, location, and elevation for evaluation.
C. Food Service Establishments may be required to submit a schematic
drawing of the FOG control device, grease interceptor or other
pretreatment equipment, piping and Instrumentation diagram, and
wastewater characterization report.
D. The District may require the drawings be prepared by a California
Registered Civil, Chemical, Mechanical, or Electrical Engineer.
4.2 GREASE INTERCEPTOR REQUIREMENTS
A. All Food Service Establishments shall provide wastewater acceptable to
the District, under the requirements and standards established herein
before discharging to any public sewer. Any Food Service Establishment
required to provide FOG pretreatment shall install, operate, and maintain
an approved type and adequately sized grease interceptor necessary to
maintain compliance with the objectives of this Ordinance.
B. Grease interceptor sizing and installation shall conform to the current
edition of the Uniform Plumbing Code. Grease Interceptors shall be
constructed in accordance with the design approved by the FOG Control
Program Manager and shall have a minimum of two compartments with
fittings designed for grease retention.
C. The grease interceptor shall be Installed at a location where it shall be at
all times easily accessible for inspection, cleaning, and removal of
accumulated grease.
wsss-oxs:pl:stenasao/2z/os 22
D. Access manholes, with a minimum diameter of 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.
4.3 GREASE TRAP REQUIREMENTS
A. Food Service Establishments may be required to install grease traps in
the waste line leading from drains, sink, and other fixtures or equipment
where grease may be introduced into the sewer system in quantities that
ran cause blockage.
B. Sizing and installation of grease traps shall conform to the current edition
of the California Plumbing Code.
C. Grease traps shall be maintained in efficient operating conditions by
removing accumulated grease on a daily basis.
D. Grease traps shall be maintained free of all food residues and any FOG
waste removed during the cleaning and scraping process.
E. Grease traps shall be inspected periodically to check for leaking seams
and pipes, and for effective operation of the baffles and flow regulating
device. Grease traps and their baffles shall be maintained free of all
raked-on FOG and waste. Removable baffles shall be removed and
cleaned during the maintenance process.
F. Dishwashers and food waste disposal units shall not be connected to or
discharged into any grease trap.
4.4 MONITORING FACILITIES REQUIREMENTS
A. The District may require the Food Service Establishments to construct
and maintain in proper operating condition at the Food Service
Establishment's sole expense, flow monitoring, constituent monitoring
and/or sampling facilities.
B. The location of the monitoring or metering facilities shall be subject to
approval by the FOG Control Program Manager.
C. Food Service Establishments may be required to provide immediate,
clear, safe and uninterrupted access to the FOG Control Program
Manager or inspectors to the Food Service Establishment's monitoring
and metering facilities.
D. Food Service Establishments may also be required by the FOG Control
Program Manager to submit waste analysis plans, contingency plans, and
meet other necessary requirements to ensure proper operation and
WS&S-0XS:pJ:M35914510/22/04 23
maintenance of the grease control device or grease interceptor and
compliance with this Ordinance.
E. No Food Service Establishment shall increase the use of water or in any
other manner attempt to dilute a discharge as a partial or complete
substitute for treatment to achieve compliance with this Ordinance and
the FOG Wastewater Discharge Permit.
4.5 REQUIREMENTS FOR BEST MANAGEMENT PRACTICES
A. All Food Service Establishments shall implement best management
practices in accordance with the requirements and guidelines established
by the District under its FOG Control Program in an effort to minimize the
discharge of FOG to the sewer system.
B. All Food Service Establishments shall be required, at a minimum, to
comply with the following Best Management Practices,when applicable:
1. Installation of drain screens. Drain screens shall be installed on
all drainage pipes in food preparation areas.
2. Segregation and collection of waste cooking oil. All waste cooking
oil shall be collected and stored properly in recycling receptacles
such as barrels or drums. Such recycling receptacles shall be
maintained properly to ensure that they do not leak. Licensed
wastehaulers or an approved recycling facility must be used to
dispose of waste cooking oil.
3. Disposal of food waste. All food waste shall be disposed of
directly into the trash or garbage, and not in sinks. Double-
bagging food wastes that have the potential to leak in trash bins is
highly recommended.
4. Employee training. Employees of the food service establishment
shall be trained by ownership/management periodically as
specified in the permit, on the following subjects:
a) How to "dry wipe" pots, pans, dishware and work areas
before washing to remove grease.
b) How to properly dispose of food waste and solids in
enclosed plastic bags prior to disposal in trash bins or
containers to prevent leaking and odors.
c) The location and use of absorption products to clean under
fryer baskets and other locations where grease may be
spilled or dripped.
wsas-oxs:pj:utsn45:to/22/aa 24
d) How to properly dispose of grease or oils from cooking
equipment into a grease receptacle such as a barrel or
drum without spilling.
Training shall be documented and employee signatures retained
indicating each employee's attendance and understanding of the
practices reviewed. Training records shall be available for review
at any reasonable time by the FOG Control Program Manager or
an inspector.
5. Maintenance of kitchen exhaust filters. Filters shall be cleaned as
frequently as necessary to be maintained in good operating
condition. The wastewater generated from cleaning the exhaust
filter shall be disposed property.
6. Kitchen signage. Best management and waste minimization
practices shall be posted conspicuously in the food preparation
and dishwashing areas at all times.
4.6 GREASE INTERCEPTOR MAINTENANCE REQUIREMENTS
A. Grease Interceptors shall be maintained in efficient operating condition by
periodic removal of the full content of the interceptor which includes
wastewater, accumulated FOG, floating materials, sludge and solids.
B. All existing and newly installed grease interceptors shall be maintained in
a manner consistent with a maintenance frequency approved by the FOG
Control Program Manager pursuant to this section.
C. No FOG that has accumulated in a grease interceptor shall be allowed to
pass into any sewer lateral, sewer system, storm drain, or public right of
way during maintenance activities.
D. Food Service Establishments with grease interceptors may be required to
submit data and information necessary to establish the maintenance
frequency grease interceptors.
E. The maintenance frequency for all Food Service Establishments with a
grease interceptor shall be determined in one of the following methods:
1. Grease interceptors shall be fully pumped out and cleaned at a
frequency such that the combined FOG and solids accumulation
does not exceed 25% of the total design hydraulic depth of the
grease interceptor. This is to ensure that the minimum hydraulic
retention time and required available hydraulic volume is
maintained to effectively intercept and retain FOG discharged to
the sewer system.
wsas-ox4pj:Ma91a51o/u/o4 25
2. All Food Service Establishments with a Grease Interceptor shall
maintain their grease interceptor not less than every 6 months.
3. Grease interceptors shall be fully pumped out and cleaned
quarterly when the frequency described in (1) has not been
established. The maintenance frequency shall be adjusted when
sufficient data have been obtained to establish an average
frequency based on the requirements described in (1) and
guidelines adopted pursuant to the FOG Control Program. The
District may change the maintenance frequency at any time to
reflect changes in actual operating conditions in accordance with
the FOG Control Program. Based on the actual generation of FOG
from the Food Service Establishment, the maintenance frequency
may increase or decrease.
4. The owner/operator of a Food Service Establishment may submit
a request to the FOG Control Program Manager requesting a
change in the maintenance frequency at any time. The Food
Service Establishment has the burden of responsibility to
demonstrate that the requested change in frequency reflects
actual operating conditions based on the average FOG
accumulation over time and meets the requirements described in
(1), and that It is in full compliance with the conditions of its permit
and this Ordinance. Upon determination by the FOG Control
Program Manager that requested revision is justified, the permit
shall be revised accordingly to reflect the change in maintenance
frequency.
5. If the grease interceptor, at any time, contains FOG and solids
accumulation that does not meet the requirements described in
(1), the Food Service Establishment shall be required to have the
grease interceptor serviced immediately such that all fats, oils,
grease, sludge, and other materials are completely removed from
the grease interceptor. If deemed necessary, the FOG Control
Program Manager may also increase the maintenance frequency
of the grease interceptor from the current frequency.
F. Wastewater, accumulated FOG, floating materials, sludge/solids, and
other materials removed from the grease interceptor shall be disposed off
site properly by wastehaulers in accordance with federal, state and/or
local laws.
WS&S-OXs:pJ*189145:10/22/04 26
ARTICLE 5 - MONITORING, REPORTING, NOTIFICATION, AND INSPECTION
REQUIREMENTS
5.1 MONITORING AND REPORTING CONDITIONS
A. Monitoring for Compliance with Permit Conditions and Reoorting
Requirements
1. The FOG Control Program Manager may require periodic
reporting of the status of implementation of Best Management
Practices, in accordance with the FOG Control Program.
2. The FOG Control Program Manager may require visual
monitoring at the sole expense of the Permittee to observe the
actual conditions of the Food Service Establishment's sewer
lateral and sewer lines downstream.
3. The FOG Control Program Manager may require reports for
self-monitoring of wastewater constituents and FOG
characteristics of the Permittee needed for determining
compliance with any conditions or requirements as specified in the
FOG Wastewater Discharge Permit or this Ordinance. Monitoring
reports of the analyses of wastewater constituents and FOG
characteristics shall be in a manner and form approved by the
FOG Control Program Manager and shall be submitted upon
request of the FOG Control Program Manager. Failure by the
Permittee to perform any required monitoring, or to submit
monitoring reports required by the FOG Control Program
Manager constitutes a violation of this Ordinance and be cause for
the District to initiate all necessary tasks and analyses to
determine the wastewater constituents and FOG characteristics
for compliance with any conditions and requirements specified in
the FOG Wastewater Discharge Permit or in this Ordinance. The
Permittee shall be responsible for any and all expenses of the
District in undertaking such monitoring analyses and preparation
of reports.
4. Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other
reports deemed reasonably appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
B. Record Keeping Requirements
The Permittee shall be required to keep all manifests, receipts and
invoices of all cleaning, maintenance, grease removal of/from the grease
control device, disposal carrier and disposal site location for no less than
two years. The Permittee shall, upon request, make the manifests,
w S-Oxs:pj:#18W s:io/U/ot 27
receipts and invoices available to any District representative, or inspector.
These records may include:
1. A logbook of grease interceptor, grease trap or grease control
device cleaning and maintenance practices.
2. A record of Best Management Practices being implemented
including employee training.
3. Copies of records and manifests of wastehauling interceptor
contents.
4. Records of sampling data and sludge height monitoring for FOG
and solids accumulation in the grease interceptors.
5. Records of any spills and/or cleaning of the lateral or sewer
system.
6. Any other information deemed appropriate by the FOG Control
Program Manager to ensure compliance with this Ordinance.
C. Falsifying Information or Tampering with Process
It shall be unlawful to make any false statement, representation, record,
report, plan or other document that is filed with the District, or to tamper
with or knowingly render inoperable any grease control device, monitoring
device or method or access point required under this Ordinance.
5.2 INSPECTION AND SAMPLING CONDITIONS
A. The FOG Control Program Manager may inspect or order the inspection
and sample the wastewater discharges of any Food Service
Establishment to ascertain whether the intent of this Ordinance is being
met and the Permittee is complying with all requirements. The Permittee
shall allow the District access to the Food Service Establishment
premises, during normal business hours, for purposes of inspecting the
Food Service Establishment's grease control devices or interceptor,
reviewing the manifests, receipts and invoices relating to the cleaning,
maintenance and inspection of the grease control devices or interceptor.
B. The FOG Control Program Manager shall have the right to place or order
the placement on the Food Service Establishment's property or other
locations as determined by the FOG Control Program Manager, such
devices as are necessary to conduct sampling or metering operations.
Where a Food Service Establishment has security measures in force, the
Permittee shall make necessary arrangements so that representatives of
the District shall be permitted to enter without delay for the purpose of
performing their specific responsibilities.
wsms-oxs:yi:aiamasno/22/oa 28
C. In order for the FOG Control Program Manager to determine the
wastewater characteristics of the discharger for purposes of determining
the annual use charge and for compliance with permit requirements, the
Permittee shall make available for inspection and copying by the District
all notices, monitoring reports, waste manifests, and records including,
but not limited to, those related to wastewater generation, and
wastewater disposal without restriction but subject to the confidentiality
provision set forth in this Ordinance. All such records shall be kept by the
Permittee a minimum of two (2)years.
5.3 RIGHT OF ENTRY
Persons or occupants of premises where wastewater is created or discharged
shall allow the FOG Control Program Manager, or District representatives,
reasonable access to all parts of the wastewater generating and disposal
facilities for the purposes of inspection and sampling during all times the
dischargers facility is open, operating, or any other reasonable time. No person
shall interfere with, delay, resist or refuse entrance to District representatives
attempting to inspect any facility involved directly or indirectly with a discharge of
wastewater to the District's sewer system. In the event of an emergency involving
actual or imminent sanitary sewer overflow, District's representatives may access
adjoining businesses or properties which share a sewer system with a Food
Service Establishment in order to prevent or remediate an actual or imminent
sanitary overflow.
5.4 NOTIFICATION OF SPILL
A. In the event a permittee is unable to comply with any permit condition due
to a breakdown of equipment, accidents, or human error or the Permittee
has reasonable opportunity to know that his/her/its discharge will exceed
the discharge provisions of the FOG Wastewater Discharge Permit or this
Ordinance, the discharger shall immediately notify the District by
telephone at the number specified in the Permit. If the material
discharged to the sewer has the potential to cause or result in sewer
blockages or SSOs, the discharger shall immediately notify the local
Health Department, City or County, and the District.
B. Confirmation of this notification shall be made in writing to the FOG
Control Program Manager at the address specified in the Permit no later
than five (5) working days from the date of the incident. The written
notification shall state the date of the incident, the reasons for the
discharge or spill, what steps were taken to immediately correct the
problem, and what steps are being taken to prevent the problem from
recurring.
C. Such notification shall not relieve the Permittee of any expense, loss,
damage or other liability which may be incurred as a result of damage or
loss to the District or any other damage or loss to person or property; nor
shall such notification relieve the Permittee of any fees or other liability
which may be imposed by this Ordinance or other applicable law.
Ms -oxspJ:ate9iasau/M/1X 29
5.5 NOTIFICATION OF PLANNED CHANGES
Perml:tee shall notlf :ne District at least 60 days in advance prior to any facility
expnrsl Di-er--coelinc. or process modifications that may result in new or
substartlall,, iic-aasec FOG discharges or a change in the nature of the
d scF2-ci . PermCtee wall notify the District in writing of the proposed expansion
o- -errc--�ling erd shall submit any information requested by the District for
evaluatlor of tte ertaa of such expansion on Permittee's FOG discharge to the
sewer system.
- - - -- " 30
ARTICLE6 -ENFORCEMENT
6.1 PURPOSES AND SCOPE
A. The Board of Directors finds that in order for the District to comply with
ti-e ews. -ec- ations, and rules imposed upon it by Regulatory Agencies
a n c c5 e tscre -:rat the District's sewer facilities are protected and are able
to _,erete ti- the highest degree of efficiency, and to protect the public
-esl-i and ar;iromnent, specific enforcement provisions must be adopted
;o ac;err tl-e discharges to the District's system by Food Service
ersr.ro -rra- all interested parties are afforded due process of law and
t'na- do a is t- a-e resolved as soon as possible, the general policy of the
C S<c- IS ;rat.
1. ttrts de-ermination relating to a notice of violation and Compliance
Agreement (CSA) will be made by the FOG Control
Prog rarn Manager, with a right of appeal by the permittee to the
General Manager pursuant to the procedures set forth in Section
F. 2.
2 cermi'tee, or applicant for a permit may request the Board of
re-tors of the District to hear an appeal of the General
t,lai acer a decision pursuant to Section 6.13. Such request may
ba dra r-ed or denied by the Board of Directors.
_. : :-er„it suspension or revocation recommended by the FOG
Co�r;rel Program Manager will be heard and a recommendation
r--a..s -o the General Manager or other person designated by the
Gere al Manager with a right of appeal of the General Manager's
er.e br the permittee to the Board of Directors pursuant to the
pro:'s'o is of Section 6.13.
C. TFe DIstdct. at Its discretion, may utilize any one, combination, or all
enforce mans amedies provided in Article 6 in response to any permit or
Ordinance violations.
6.2 DETERMINATION OF NONCOMPLIANCE WITH FOG WASTEWATER
DISCHARGE PERMIT CONDITIONS
A. Inspection Procedures
1. Inspection of Food Service Establishments shall be conducted in
the time, place, manner, and frequency determined at the sole
discretion of the FOG Control Program Manager.
2. Noncompliance with Best Management Practices, 25% Rule for
grease interceptors, maintenance frequency requirements for
wsas-oxs:fl:uianas:ro/U/m 31
grease interceptors, permit discharge conditions, or any discharge
provisions of this Ordinance may be determined by an inspection
of the Food Service Establishment.
B. Sampling Procedures
1. Sampling of Food Service Establishments shall be conducted in
the time, place, manner, and frequency determined at the sole
discretion of the District.
2. Non-compliance with mass emission rate limits, concentration
limits, permit discharge conditions, or any discharge provision of
this Crcinance may be determined by an analysis of a grab or
ccmposlte sample of the effluent of a user. Non-compliance with
-ass emission rate limits shall be determined by an analysis of a
composite sample of the user's effluent, except that a grab sample
ray be used to determine compliance with mass emission rate
Imps :.ten the discharge is from a closed (batch) treatment
s sten- r which there is no wastewater flow into the system when
tre cischarge is occurring, the volume of wastewater contained in
tre catch system is known, the time interval of discharge is
<rov.n and the grab sample is homogeneous and representative
of're discharge.
:;ry sample taken from a sample point is considered to be
representative of the discharge to the public sewer.
C. P:crcar:Dliance Fees
ring pe tee determined to be in noncompliance with the terms and
concl-ors s-ecfied in its permit or with any provision of this Ordinance
,gal' pa; a rcncompliance fee. The purpose of the noncompliance fee is
to co :he District for costs of additional inspection and follow-up,
sampling, morltoring, laboratory analysis, treatment, disposal, and
ad,—. 9 szat e p,ocessing incurred as a result of the noncompliance, and
shall be in addi:on to and not in lieu of any penalties as may be assessed
p.:�scart to Sections 6.10 and 6.11. Noncompliance fees shall be in the
amoi-nt acopied by ordinance or resolution by the District's Board of
Directors.
6.3 COMPLUINCE SCHEDULE AGREEMENT(CSA)
A. Upon determination that a permittee is in noncompliance with the terms
ant cordtloss specified in its permit or any provision of this Ordinance, or
reecs to constrict and/or acquire and install a grease control device or
tease irtereptor, the FOG Control Program Manager may require the
,,e r'- t-ee to enter into a CSA.
6. Tre sscance of a CSA may contain terms and conditions including but
not limited to requirements for installation of a grease control device,
-_- -_r.,o"/, 32
grease interceptor and facilities, submittal of drawings or reports, audit of
waste hauling records, best management and waste minimization
practices, payment of fees, or other provisions to ensure compliance with
this Ordinance.
C. The FOG Control Program Manager shall not enter into a CSA until such
time as all amounts owed to the District, including user fees,
ncrccr-cliance sampling fees, or other amounts due are paid in full, or
an agreerr,eot `or deferred payment secured by collateral or a third party,
is approved try the FOG Control Program Manager.
D. If compliance is not achieved in accordance with the terms and conditions
., a CSA ocr rg its term, the FOG Control Program Manager may issue
an order suspending or revoking the discharge permit pursuant to Section
6.4 or 6.5 of this Ordinance.
6.4 PERMIT SUSPENSION
A. The General Manager may suspend any permit when it is determined that
a permittee:
1. Fails to comply with the terms and conditions of a CSA order.
2. Knowingly provides a false statement, representation, record,
report, or other document to the District.
3. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms or conditions,
discharge compliance,or compliance with this Ordinance.
4. Falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or sample collection method.
5. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
6. Does not make timely payment of all amounts owed to the District
for user charges, permit fees, or any other fees imposed pursuant
to this Ordinance.
7. Causes interference, sewer blockages, or SSOs with the Districts
collection, treatment, or disposal system.
grease interceptor maintenance requirements, any
eo in or limit of its discharge permit or any provision of the
7�,str --s Ordinance.
B th- FOG Control Program Manager has reason to believe that
gro.,irds e<s: for permit suspension, he/she shall give written notice
-ieraof h..., ca-.fied mail to the permittee setting forth a statement of the
`acts end cru nds deemed to exist, together with the time and place
33
where the charges shall be heard by the General Manager or his/her
designee. The hearing date shall be not less than fifteen (15) calendar
days nor more than forty-five (45) calendar days after the mailing of such
notice.
1. At the suspension hearing, the permittee shall have an opportunity
to respond to the allegations set forth in the notice by presenting
written or oral evidence. The hearing shall be conducted in
accordance with procedures established by the General Manager
and approved by the District's General Counsel.
2. If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
3. Upon receipt of the written report of a hearing officer or conclusion
of the hearing, if the General Manager conducted the hearing, the
General Manager shall make his/her determination and should
he/she find that grounds exist for suspension of the permit, he/she
shall issue his/her decision and order in writing within thirty (30)
calendar days after the conclusion of the hearing. The written
decision and order of the General Manager shall be sent by
certified mail to the permittee or its legal counsel/representative at
the permittee's business address.
C. Effect
1. Upon an order of suspension by the General Manager becoming
final, the permittee shall immediately cease and desist its
discharge and shall have no right to discharge any wastewater
containing FOG directly or indirectly to the District's system for the
duration of the suspension. All costs for physically terminating
and reinstating service shall be paid by the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of suspension.
3. An order of permit suspension issued by the General Manager
shall be final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with
the Board of Directors of the District pursuant to Section 6.13. no
later than 5:00 p.m. on the fifteenth (15th) day following such
mailing.
6.5 PERMIT REVOCATION
A. The General Manager may revoke any permit when it is determined that a
permittee:
WS&S-0xS:pj:k189145:10/22/04 34
1. Knowingly provides a false statement, representation, record,
report, or other document to the District.
2. Refuses to provide records, reports, plans, or other documents
required by the District to determine permit terms, conditions,
discharge compliance, or compliance with this Ordinance.
3. Falsifies, tampers with, or knowingly renders Inaccurate any
monitoring device or sample collection method.
4. Fails to comply with the terms and conditions of permit suspension
or CSA.
5. Discharges effluent to the District's sewer system while its permit
is suspended.
6. Refuses reasonable access to the permittee's premises for the
purpose of inspection and monitoring.
7. Does not make timely payment of all amounts owed to the District
for user charges, permit fees, or any other fees imposed pursuant
to this Ordinance.
8. Causes interference, sewer blockages, or SSOs with the District
collection, treatment, or disposal system.
9. Violates grease interceptor maintenance requirements, any
condition or limit of its discharge permit or any provision of the
District's Ordinance.
B. Approval. When the FOG Control Program Manager has reason to
believe that grounds exist for the revocation of a permit, he/she shall give
written notice by certified mail thereof to the permlttee setting forth a
statement of the facts and grounds deemed to exist together with the time
and place where the charges shall be heard by the General Manager or
his/her designee. The hearing date shall be not less than fifteen (15)
calendar days nor more than forty-five (45) calendar days after the
mailing of such notice.
1. At the hearing, the permittee shall have an opportunity to respond
to the allegations set forth in the notice by presenting written or
oral evidence. The revocation hearing shall be conducted in
accordance with the procedures established by the General
Manager and approved by the District's General Counsel.
2. If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
ws&s-oxspj:#1M45ao/u/04 35
3. Upon receipt of the written report by the hearing officer, or
conclusion of the hearing, if the General Manager conducted the
hearing, the General Manager shall make his/her determination
and should he/she find that grounds exist for permanent
revocation of the permit, he/she shall issue his/her decision and
order in writing within thirty(30)calendar days after the conclusion
of the hearing. The written decision and order of the General
Manager shall be sent by certified mail to the permittee or its legal
counsel/representative at the permittee's business address.
In the event the General Manager determines to not revoke the
permit, he/she may order other enforcement actions, including, but
not limited to, a temporary suspension of the permit, under terms
and conditions that he/she deems appropriate.
C. Effect
1. Upon an order of revocation by the General Manager becoming
final, the permittee shall permanently lose all rights to discharge
any wastewater containing FOG directly or indirectly to the
District's system. All costs for physical termination shall be paid
by the permittee.
2. Any owner or responsible management employee of the permittee
shall be bound by the order of revocation.
3. Any future application for a permit at any location within the
District by any person associated with an order of revocation will
be considered by the District after fully reviewing the records of
the revoked permit, which records may be the basis for denial of a
new permit.
4. An order of permit revocation issued by the General Manager
shall be final in all respects on the sixteenth (16th) day after it is
mailed to the permittee unless a request for hearing is filed with
the Board of Directors pursuant to Section 6.13 no later than 5:00
p.m. on the fifteenth (15th)day following such mailing.
6.6 DAMAGE TO FACILITIES OR INTERRUPTION OF NORMAL OPERATIONS
A. Any person who discharges any waste which causes or contributes to any
sewer blockage, SSOs, obstruction, interference, damage, or any other
impairment to the District's sewer facilities or to the operation of those
facilities shall be liable for all costs required to clean or repair the facilities
together with expenses incurred by the District to resume normal
operations. A service charge of twenty-five percent (25%) of District's
costs shall be added to the costs and charges to reimburse the District for
miscellaneous overhead, including administrative personnel and record
keeping. The total amount shall be payable within forty five (45) days of
invoicing by the District.
cos&s-Oxs:pj:stsnas:io/22/s4 36
B. Any person who discharges a waste which causes or contributes to the
District violating its discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to
the facilities, shall be liable for any costs or expenses incurred by the
District, including regulatory fines, penalties, and assessments made by
other agencies or a court.
6.7 PUBLIC NUISANCE
Discharge of wastewater in any manner in violation of this Ordinance or of any
order issued by the FOG Control Program Manager or General Manager, as
authorized by this Ordinance, is hereby declared a public nuisance and shall be
corrected or abated as directed by the FOG Control Program Manager or
General Manager. Any person creating a public nuisance is guilty of a
misdemeanor.
6.8 TERMINATION OF SERVICE
A. The District, by order of the General Manager, may physically terminate
sewer service to any property as follows:
1. On a term of any order of suspension or revocation of a permit; or
2. Upon the failure of a person not holding a valid FOG Wastewater
Discharge Permit to immediately cease the discharge, whether
direct or indirect, to the District's sewer facilities after the notice
and process in Section 6.5 herein.
B. All costs for physical termination shall be paid by the owner or operator of
the Food Service Establishment or permittee as well as all costs for
reinstating service.
6.9 EMERGENCY SUSPENSION ORDER
A. The District may, by order of the General Manager, suspend sewer
service when the General Manager determines that such suspension is
necessary in order to stop an actual or impending discharge which
presents or may present an imminent or substantial endangerment to the
health and welfare of persons, or to the environment, or may cause
SSOs, sewer blockages, interference to the District's sewer facilities, or
may cause the District to violate any State or Federal Law or Regulation.
Any discharger notified of and subject to an Emergency Suspension
Order shall immediately cease and desist the discharge of all wastewater
containing FOG to the sewer system.
B. As soon as reasonably practicable following the issuance of an
Emergency Suspension Order, but in no event more than five (5)
business days following the issuance of such order, the General
Manager shall hold a hearing to provide the Food Service Establishment
or Permittee the opportunity to present information in opposition to the
issuance of the Emergency Suspension Order. Such a hearing shall not
ws&s-Oxs:pj:xisnn5ao/zz/04 37
stay the effect of the Emergency Suspension Order. The hearing shall be
conducted in accordance with procedures established by the General
Manager and approved by the District's General Counsel. The General
Manager shall issue a written decision and order within two (2) business
days following the hearing, which decision shall be sent by certified mail
to the Food Service Establishment or its legal counsel/representative at
that Food Service Establishment's business address. The decision of the
General Manager following the hearing shall be final and not appealable
to the Board, but may be subject to judicial review pursuant to Section
6.16.
6.10 CIVIL PENALTIES
A. All users of the District's system and facilities are subject to enforcement
actions administratively or judicially by the District, U.S. EPA, State of
California Regional Water Quality Control Board, the County of Orange or
District Attorney. Said actions may be taken pursuant to the authority and
provisions of several laws, including but not limited to: (1) Federal Water
Pollution Control Act, commonly known as the Clean Water Act (33
U.S.C.A. Section 1251 at seq.); (2) California Porter-Cologne Water
Quality Control Act (California Water Code Section 13000 at seq.); (3)
California Hazardous Waste Control Law (California Health & Safety
Code Sections 25100 to 25250); (4) Resource Conservation and
Recovery Act of 1976 (42 U.S.C.A Section 6901 at seq.); and (5)
California Government Code, Sections 54739-54740.
B. In the event the District is subject to the payment of fines or penalties
pursuant to the legal authority and actions of other regulatory or
enforcement agencies based on a violation of law or regulation or its
permits, and said violation can be established by the District, as caused
by the discharge of any user of the District's system which is in violation
of any provision of the District's Ordinance or the user's permit, the
District shall be entitled to recover from the user all costs and expenses,
including, but not limited to, the full amount of said fines or penalties to
which it has been subjected.
C. Pursuant to the authority of California Government Code Sections 54739
- 54740, any person who violates any provision of this Ordinance; any
permit condition, prohibition or effluent limit; or any suspension or
revocation order shall be liable civilly for a sum not to exceed $25,000.00
per violation for each day in which such violation occurs. Pursuant to the
authority of the Clean Water Act, 33 U.S.C. Section 1251 at seq., any
person who violates any provision of this Ordinance, or any permit
condition, prohibition, or effluent limit shall be liable civilly for a sum not to
exceed $25,000.00 per violation for each day in which such violation
occurs. The General Counsel of the District, upon request of the General
Manager, shall petition the Superior Court to impose, assess, and recover
such penalties, or such other penalties as the District may impose,
assess, and recover pursuant to Federal and/or State legislative
authorization.
wsas-oxs:yt:4189145ao/2z/04 38
D. Administrative Civil Penalties
1. Pursuant to the authority of California Government Code Sections
54740.5 and 54740.6, the District may issue an administrative
complaint to any person who violates:
a) any provision of this Ordinance;
b) any permit condition, prohibition, or effluent limit; or
c) any suspension or revocation order.
2. The administrative complaint shall be served by personal delivery
or certified mail on the person and shall inform the person that a
hearing will be conducted, and shall specify a hearing date within
sixty (60) days following service. The administrative complaint will
allege the act or failure to act that constitutes the violation of the
Districts regulations, the provisions of law authorizing civil liability
to be imposed, and the proposed civil penalty. The matter shall
be heard by the General Manager or his/her designee. The
person to whom an administrative complaint has been issued may
waive the right to a hearing, in which case a hearing will not be
conducted.
3. At the hearing, the person shall have an opportunity to respond to
the allegations set forth in the administrative complaint by
presenting written or oral evidence. The hearing shall be
conducted in accordance with the procedures established by the
General Manager and approved by the District's General Counsel.
4. If the General Manager designated a hearing officer, after the
conclusion of the hearing, the hearing officer shall submit a written
report to the General Manager setting forth a brief statement of
the facts found to be true, a determination of the issues presented,
conclusions, and a recommendation.
5. Upon receipt of the written report by the hearing officer, or
conclusion of the hearing if the General Manager conducted the
hearing, the General Manager shall make his/her determination
and should he/she find that grounds exist for assessment of a civil
penalty against the person, he/she shall issue his/her decision and
order in writing within thirty(30) calendar days after the conclusion
of the hearing .
6. If, after the hearing or appeal, if any, it is found that the person
has violated reporting or discharge requirements, the General
Manager or Board of Directors may assess a civil penalty against
that person. In determining the amount of the civil penalty, the
General Manager or Board of Directors may take into
consideration all relevant circumstances, including but not limited
to the extent of harm caused by the violation, the economic benefit
W9 -OXS:pj:M18914:10/22/84 39
derived through any non-compliance, the nature and persistence
of the violation, the length of time over which the violation occurs,
and corrective action, if any, attempted or taken by the person
involved.
7. Civil penalties may be assessed as follows:
a) In an amount which shall not exceed two thousand dollars
($2,000.00) for each day for failing or refusing to furnish
required reports;
b) In an amount which shall not exceed three thousand
dollars ($3,000.00) for each day for failing or refusing to
timely comply with any compliance schedules established
by the District;
o) In an amount which shall not exceed five thousand dollars
($5,000.00) per violation for each day of discharge in
violation of any waste discharge limit, permit condition, or
requirement issued, reissued, or adopted by the District;
d) In any amount which does not exceed ten dollars ($10.00)
per gallon for discharges in violation of any suspension,
revocation, cease and desist order or other orders, or
prohibition issued, reissued, or adopted by the District;
8. An order assessing administrative civil penalties issued by the
General Manager shall be final in all respects on the thirty-first
(31st) day after it is served on the person unless an appeal and
request for hearing is filed with the Board of Directors pursuant to
Section 6.13 no later than the thirtieth (3Oth) day following such
mailing. An order assessing administrative civil penalties issued
by the Board of Directors shall be final upon issuance.
9. Copies of the administrative order shall be served on the party
served with the administrative complaint, either by personal
service or by registered mail to the person at his/her/its business
or residence address, and upon other persons who appeared at
the hearing and requested a copy of the order.
10. Any person aggrieved by a final order issued by the Board of
Directors, after granting review of the order of the General
Manager, may obtain review of the order of the Board of Directors
in the superior court, pursuant to Government Code Section
54740.6, by fling in the court a petition for writ of mandate within
thirty (30) days following the service of a copy of the decision or
order issued by the Board of Directors.
11. Payment of any order setting administrative civil penalties shall be
made within thirty (30) days of the date the order becomes final.
WS&S-OXS:pj:#184145:10/22/04 40
The amount of any administrative civil penalties imposed shall
constitute a debt to the District.
12. No administrative civil penalties shall be recoverable for any
violation for which the District has recovered civil penalties
through a judicial proceeding filed pursuant to Government Code
Section 54740.
6.11 CRIMINAL PENALTIES
Any person who violates any provision of this Ordinance 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 Ordinance and shall be subject to the penalties contained herein.
6.12 APPEALS TO GENERAL MANAGER
A. Any Food Service Establishment, permit applicant or permittee affected
by any decision, action or determination made by the FOG Control
Program Manager or notice of violation issued by any District inspector
may file with the General Manager a written request for an appeal
hearing. The request must be received by the District within fifteen (15)
days of mailing of notice of the decision, action, or determination of the
FOG Control Program Manager to the appellant. The request for hearing
shall set forth in detail all facts supporting the appellant's request.
B. The General Manager shall, within fifteen (15) days of receiving the
request for appeal, designate a Department Head or other person to hear
the appeal and provide written notice to the appellant of the hearing date,
time and place. The hearing date shall not be more than thirty (30) days
from the mailing of such notice by certified mail to the appellant unless a
later date is agreed to by the appellant. If the hearing is not held within
said time due to actions or inactions of the appellant, then the staff
decision shall be deemed final.
C. At the hearing, the appellant shall have the opportunity to present
information supporting its position concerning the FOG Control Program
Manager's decision, action or determination. The hearing shall be
conducted in accordance with procedures established by the General
Manager and approved by the District's General Counsel.
D. After the conclusion of the hearing, the Department Head (or other
designee) shall submit a written report to the General Manager setting
forth a brief statement of facts found to be true, a determination of the
issues presented, conclusions, and a recommendation whether to uphold,
modify or reverse the FOG Control Program Manager's original decision,
action or determination. Upon receipt of the written report, the General
Manager shall make his/her determination and shall issue his/her
decision and order within thirty (30) calendar days of the hearing by
his/her designee. The written decision and order of the General Manager
wsms-oxs:pj:atsviasao/M/oa 41
shall be sent by certified mail to the appellant or its legal
counsel/representative at the appellant's business address.
The order of the General/City Manager shall be final in all respects on the
sixteenth (16th) day after it is mailed to the appellant unless a request for
hearing is filed with the Board of Directors pursuant to Section 6.13, no
later than 5:00 p.m. on the fifteenth day following such mailing.
6.13 APPEALS TO THE BOARD OF DIRECTORS
A. Any Food Service Establishment, permit applicant, or permittee adversely
affected by a decision, action, or determination made by the General
Manager may, prior to the date that the General Manager's order
becomes final, file a written request for hearing before the Board of
Directors accompanied by an appeal fee in the amount established by a
separate resolution of the District's Board of Directors. The request for
hearing shall set forth in detail all the issues in dispute for which the
appellant seeks determination and all fads supporting appellant's
request.
No later than sixty (60) days after receipt of the request for hearing, the
Board of Directors shall either set the matter for a hearing, or deny the
request for a hearing.
A hearing shall be held by the Board of Directors within sixty-five (65)
days from the date of determination granting a hearing, unless a later
date is agreed to by the appellant and the Board of Directors. If the
matter is not heard within the required time, due to actions or inactions of
the appellant, the General Manager's order shall be deemed final.
B. The Board of Directors shall grant all requests for a hearing on appeals
concerning permit suspension, revocation, or denial. Whether to grant or
deny the request for a hearing on appeals of other decisions of the
General Manager shall be within the sole discretion of the Board of
Directors.
C. The appeal fee shall be refunded if the Board of Directors denies a
hearing or reverses or modifies, in favor of the appellant, the order of the
General Manager. The fee shall not be refunded if the Board of Directors
denies the appeal.
D. After the hearing, the Board of Directors shall make a determination
whether to uphold, modify, or reverse the decision, action, or
determination made by the General Manager.
The decision of the Board of Directors shall be set forth in writing within
sixty-five (65) days after the close of the hearing and shall contain a
finding of the facts found to be true, the determination of issues
presented, and the conclusions. The written decision and order of the
Board of Directors shall be sent by certified mail to the appellant or its
legal counsel/representative at the appellant's business address.
wsas-oxs:pj:nrsnasao/zz/oa 42
T;-e cider of tFe Board of Directors shall be final upon its adoption. In the
eeert :re Board of Directors fails to reverse or modify the General
Naragefa o der, it shall be deemed affirmed.
6.14 PAYMENT OF CHARGES
A. Except as oMer.,.ise aovided, all fees, charges and penalties established
t,, " s Ore rarce are due and payable upon receipt of notice thereof. All
sjcf- a-ocn:s are celinquent if unpaid forty-five (45) days after date of
irvcice.
B. Any charce ma: becomes delinquent shall have added to it a penalty in
accordarce ,,i:- the following:
1 Fo^y-s s (e6) days after date of invoice, a basic penally of ten
e-cer: ;10i,j of the base invoice amount, not to exceed a
Taxir-.ir of$1,000.00; and
ceraty of one and one-half percent (1.5%) per month of the
base invoice amount and basic penalty shall accrue from and after
ire `crty-sixth(46th)day after date of invoice.
C. Any invir cc ors:ancirg and unpaid after ninety (90) days shall be cause
for mmec ate ,r tiaoon of permit revocation proceedings or immediate
sr,sperslon c`tie- permit.
D. Penali es c'narced under this Section shall not accrue to those invoices
scccessfr.IP appealed, provided the District receives written notification of
sold agreel :::ricr to the payment due date.
_. Pay Teat .'routed charges is still required by the due date during
D'.s:-ic re:ias: of any appeal submitted by pernittees.
Co ecaor o` Delir--i Accounts
Collection of r: accoints shall be in accordance with the DistricPs policy
reso .:tier establlsi-. rg p-.cedi-res for collection of delinquent obligations owed to
the D �s:r c.. as rnerdec `mm : me to * me by the Board of Directors. Any such
action for coliection ray include an application for an injunction to prevent
repeated and recurring violations of this Ordinance.
6.15 FINANCIAL SECURITYIAMENDMENTS TO PERMrr
A. Delinquent Accounts
The District may require an amendment to the permit of any Permittee
who fails to make payment in full of all fees and charges assessed by the
District, including reconciliation amounts, delinquency penalties, and
other costs or fees incurred by the Permittee.
WS&S-ox5:pj:d184145J0/22/04 43
B. Bankruptcy
Every Permittee filing any legal action in any court of competent
jurisdiction, including the United States Bankruptcy Court, for purposes of
discharging its financial debts or obligations or seeking court-ordered,
protection from its creditors, shall, within ten (10) days of filing such
action, apply for and obtain the issuance of an amendment to its permit.
C. Security
An amendment to a waste discharge permit issued, may be conditioned
upon the Permittee depositing financial security in an amount equal to the
average total fees and charges for two (2) calendar quarters during the
preceding year. Said deposit shall be used to guarantee payment of all
fees and charges incurred for future services and facilities furnished by
District and shall not be used by the District to recover outstanding fees
and charges incurred prior to the Permittee filing and receiving protection
from creditors in the United States Bankruptcy Court.
D. Return of Security
In the event the Permittee makes payment in full within the time
prescribed by this Ordinance of all fees and charges incurred over a
period of two (2) years following the issuance of an amendment to the
permit, the District shall either return the security deposit posted by the
Permittee or credit their account.
6.16 JUDICIAL REVIEW
A. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
District hereby enacts this part to limit to ninety (90) days following final
decisions in adjudicatory administrative hearings the time within which an
action can be brought to review such decisions by means of
administrative mandamus.
B. Definitions
As used in this Section, the following terms and words shall have the
following meanings:
1. Decision shall mean and include adjudicatory administrative
decisions that are made after hearing, or after revoking,
suspending, or denying an application for a permit.
2. Complete Record shall mean and include the transcript, if any
exists, of the proceedings, all pleadings, all notices and orders,
any proposed decision by the District's officers, agents, or
employees, the final decision, all admitted exhibits, all rejected
exhibits in the possession of the District or its officers, agents or
employees, all written evidence, and any other papers in the case.
cases-oxs:pj:#1B%aao/22/oa 44
C. Time Limit for Judicial Review. Judicial review of any decision of the
District or its officer or agent may be made pursuant to Section 1094.5 of
the Code of Civil Procedure only if the petition for writ of mandate is filed
not later than the ninetieth (90th) day following the date on which the
decision becomes final. If there is no provision for reconsideration in the
procedures governing the proceedings or if the date is not otherwise
specified, the decision is final on the date it is made. If there is provision
for reconsideration, the decision is final upon the expiration of the period
during which such reconsideration can be sought; provided that if
reconsideration is sought pursuant to such provision the decision is final
for the purposes of this Section on the date that reconsideration is
rejected.
D. The complete record of the proceedings shall be prepared by the District
officer or agent who made the decision and shall be delivered to the
petitioner within ninety (90) days after he/she has filed written request
therefor. The District may recover from the petitioner its actual costs for
transcribing or otherwise preparing the record.
E. If the petitioner files a request for the record within ten (10) days after the
date the decision becomes final,the time within which a petition, pursuant
to Section 1094.5 of the Code of Civil Procedure, may be filed shall be
extended to not later than the thirtieth (30th) day following the date on
which the record is either personally delivered or mailed to the petitioner
or the petitioner's attorney of record, if appropriate.
F. In making a final decision, the District shall provide notice to the party that
Section 1094.6 of the Code of Civil Procedure governs the time within
which judicial review must be sought.
G. Notwithstanding the foregoing in this Section 6.16, and pursuant to
Government Code Section 54740.6, judicial review of an order of the
Board of Directors imposing administrative civil penalties pursuant to
Section 6.10.D may be made only if the petition for writ of mandate is filed
not later than the thirtieth (30th) day following the day on which the order
of the Board of Directors becomes final.
wsas-oxs:pi:xianas:10/22/a 45
ARTICLE 7 - SEVERABILITY
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is
for any reason held to be unconstitutional or otherwise invalid, such invalidity shall not
affect the validity of this entire Ordinance or any of the remaining portions hereof. The
Board of Directors hereby declares that it would have passed this Ordinance, and each
section, subsection, subdivision, sentence, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sees, clauses or phrases
be declared unconstitutional or otherwise invalid.
wsms-oxs:yj:nisnas:io/zz/oa 46
ARTICLE 8 - EFFECTIVE DATE
This Ordinance shall take effect January 1, 2005, and a summary shall be published in a
newspaper of general circulation as provided by law.
PASSED AND ADOPTED by the Board of Directors of Orange County Sanitation District
this 17th day of November, 2004.
air, Board of Direct s
ange County Sani tion District
Attest:
�� /(.
lyrz
Secretary of tM Board of irectors
Oran County Sanitatit
nda/ o
Thomas L. Woodruff, General Uunsel
Orange County Sanitation District
wsss-Oxs:pj:aisnas.4:io/z6/a 46
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, PENNY M. KYLE, Secretary of the Board of Directors of Orange County
Sanitation District, do hereby certify that the above and foregoing Ordinance No. OCSD-
25 was passed and adopted at a regular meeting of said Board on the 171" day of
November, 2004, by the following vote, to wit:
AYES: James M. Ferryman, Board Vice Chair; Don Bankhead; Patricia
Bortle; Carolyn Cavecche; Alberta Christy; John Collins; Doug
Davert; Mike Duvall; Norm Eckenrode; Cathy Green; Alice Jempsa;
Beth Krom; Shirley McCracken; Darryl Miller; Roy Moore; Joy L.
Neugebauer; Anna Piercy; Tod Ridgeway; Jim Silva; Paul Walker;
Paul Yost
NOES: None
ABSENT: Steve Anderson, Board Chair; Bill Dalton; Brian Donahue; Patsy
Marshall
IN WITNESS WHEREOF, I have hereunto set my hand this 17" day of
November, 2004.
Penny M. qle
Secretary of the Boar of Directors
Orange County Sanitation District
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