Ordinance No. 1065261
ORDINANCE NO. 1065
AN ORDINANCE OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING A NEW ARTICLE VIII, TO CHAPTER 13, OF THE
MUNICIPAL CODE TO ADOPT FATS, OILS AND GREASE
MANAGEMENT, DISCHARGE, AND CONTROL
REGULATIONS, AND AMENDING CHAPTER 22 OF THE
MUNICIPAL CODE TO IMPLEMENT THE GRANT OF
AUTHORITY CONTAINED HEREIN
The CITY COUNCIL of the CITY of CYPRESS, CALIFORNIA, does hereby ordain as follows:
SECTION 1. There is hereby added to the Cypress Municipal Code a new Article VIII,
contained within Chapter 13, to read, in its entirety, as follows:
"Article VIII Fats, Oil and Grease Management and Discharge Control
13 -80 Purpose, Policy and Findings.
A. The Porter - Cologne Water Quality Act (California Water Code §§ 13000
et seq.) provides for the regulation and reduction of pollutants discharged into the waters
of California.
B. The City of Cypress is a permittee under the "General Waste Discharge
Requirements for Sewer Collection Agencies in Orange County Within the Santa Ana
Region," (Order No. R8- 2002 -0014 dated April 26, 2002) [ "Sewer WDRs "] issued by
the California Regional Water Quality Control Board -Santa Ana Region ( "Santa Ana
RWQCB"), and, as a permittee under the Sewer WDRs, the City is required to adopt
regulations and implement procedures to reduce the amount of fats, oils and grease
[ "FOG "] discharged into the City's sanitary sewer collection system.
C. Section C.12(iii) of the Sewer WDRs requires the City to demonstrate
that it possesses the legal authority necessary to control discharges of FOG to and from
those portions of the City's sanitary sewer collection system over which it has
jurisdiction, so as to comply with the Sewer WDRs.
D. FSEs or "Food Facilities ", as defined in California Uniform Retail Food
Facilities Law ( "CURFFL "), Division 104 (Environmental Health), Part 7 (Retail Food),
Chapter 4, Articles 1 -20 of the California Health & Safety Code ( "FSEs "), may produce
FOG as a by- product of their operations, which, if not properly managed and disposed,
may create the potential for blockage of sanitary sewer lines, which can result in damage
to both public and private property, and sewage overflows that cause health problems
and have the potential to pollute beaches and water courses in the City, as well as in
other portions of Orange County.
E. Studies in Orange County have concluded that FOG is one of the primary
causes of sanitary sewer blockages. Based on information collected by the Santa Ana
RWQCB, sanitary sewer system overflows ( "SSOs ") within Orange County from sewer
collection systems have caused numerous beach closures, and the most prevalent cause
of the SSOs is FOG accumulation in the small to medium sewer lines serving FSEs.
F. The current edition of the Uniform Plumbing Code requires FSEs that
have the potential to produce a significant amount of FOG to have grease control
devices. Many FSEs, such as restaurants within the City do not have grease control
devices. These commercial FSEs have the potential to require the City and sanitation
districts to perform additional preventive maintenance on sewer lines that service these
facilities, as well as respond to and cleanup blockages and sewage overflows caused by
improper FOG disposal practices and grease control device maintenance.
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G. The purpose of this Chapter is to facilitate the maximum beneficial
public use of the City's sanitary sewer collection system while preventing blockages of
sewer lines resulting from discharges of FOG to the system, and to specify appropriate
FOG discharge requirements for FSEs discharging into the City's sewer system to
protect the public health and safety.
H. This Chapter shall be interpreted in accordance with the definitions set
forth in Section 13 -81 of this Chapter. The provisions of this Chapter shall apply to the
direct or indirect discharge of all wastewater or waste containing FOG into City's
sanitary sewer collection system.
I. In order to manage and control, in a cost - effective manner, the discharge
of FOG into the City's sanitary sewer collection system to the maximum extent
practicable, the adoption of reasonable regulations, as set forth herein, is essential and it
is the intent of this chapter to establish regulations for the disposal of FOG and other
insoluble waste discharges from FSEs into the City's sewer system.
J. To comply with Federal, State, and local policies and to allow the City to
meet applicable standards, provisions are made in this Chapter for the regulation of
wastewater or waste containing FOG discharges to the sewer facilities.
K. Certain FSEs within the boundaries of the City do not discharge
wastewater into the City's sewer system and facilities and discharge into sewer systems
and facilities operated by Regulatory Agencies and sanitation districts other than the
City. Such FSEs will be permitted and regulated by Regulatory Agencies other than the
City. In order to avoid the possibility of overlapping and potentially contradictory
regulation of such FSEs, this Chapter is not intended to apply to FSEs or other
dischargers which do not discharge into the City's sanitary sewer system.
L. This Chapter 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.
13 -81 Definitions.
A. Unless otherwise defined herein, terms related to water quality shall be as
defined in the Sewer WDRs and 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 C.F.R.§ 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 words and phrases
shall mean:
1. "Best Management Practices ": schedules of activities,
prohibitions of practices, maintenance procedures and other management
practices to prevent or reduce the introduction of FOG to the sewer facilities.
2. "Director ": the Director of the Department of Public Works, the
City Engineer.
3. "Discharger ": any person who discharges or causes a discharge
of wastewater directly or indirectly to the sewer facilities. Discharger shall have
the same meaning as User.
4. "Fats, Oils, and Grease ( "FOG ") ": any substance, such as a
vegetable, animal or other product 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.
5. "FOG Control Program ": the FOG Control Program required by
and developed pursuant to Section (c)(12)(viii) of the Sewer WDRs.
6. "FOG Discharge Manual ": the "Fats, Oil and Grease Discharge
Manual," setting forth Best Management Practices for FSEs, as approved by the
Director.
7. "FOG Wastewater Discharge Permit" or "Discharge Permit ": a
permit issued by the City subject to the requirements and conditions established
by the City authorizing the Permittee or discharger to discharge wastewater into
the City's facilities or into sewer facilities or which ultimately discharge into
such a facility.
8. "Food Grinder ": any device installed in the plumbing of a
facility 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.
9. "Food Service Establishment ( "FSE") ": Facilities defined in
California Uniform Retail Food Facility Law (CURFFL) Health & Safety Code §
113785, and any commercial or public entity within the boundaries of the City,
operating in a permanently constructed structure such as a room, building, or
place, or portion thereof, maintained, used, or operated for the purpose of
storing, preparing, serving, or manufacturing, packaging, or otherwise handling
food for sale to other entities, or for consumption by the public, its members or
employees, and which has any process or device that uses or produces FOG, or
grease vapors, steam, fumes, smoke or odors that are required to be removed by
a Type I or Type II hood, as defined in CURFFL. A limited food preparation
establishment is not considered a FSE 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.
10. "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.
11. "Grease Control Device ": any grease interceptor, grease trap or
other 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. A grease control
device may also include any other proven method to reduce FOG subject to the
approval of the Director.
12. "Grease Disposal Mitigation Fee ": a fee charged to an
Owner /Operator of a FSE, as provided in this Chapter, 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 FSE under consideration
impossible.
13. "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 FSE 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.
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14. "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.
15. "Inspector ": a person authorized by the City to inspect any
existing or proposed wastewater generation, conveyance, processing, and
disposal facilities.
16. "Interference ": any discharge which, alone or in conjunction
with discharges from other sources, inhibits or disrupts the City's sewer system,
treatment processes or operations; or is a cause of violation of the City's NPDES
or Waste Discharge Requirements.
17. "Local Sewering Agency ": any public agency or private entity
responsible for the collection and disposal of wastewater to the City's sewer
facilities duly authorized under the laws of the State of California to construct
and/or maintain public sewers.
18. "Major Operational Change ": 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.
19. "New Construction ": any structure planned or under
construction for which a sewer connection permit has not been issued.
20. "Permittee ": a person who has received a discharge permit to
discharge wastewater into the City's sewer facilities subject to the requirements
and conditions established by the City.
21. "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.
22. "Public Sewer ": a sewer owned and operated by the City, or
other local Public Agency, which is tributary to the City's sewer facilities.
23. "Regulatory Agency ": regulatory agency or regulatory agencies
shall mean those agencies having regulatory jurisdiction over the operations of
the city, 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 (Santa Ana RWQCB).
d. South Coast Air Quality Management District
(SCAQMD).
e. California Department of Health Services (DOHS).
f. Any Public Agency.
24. "Sewage ": wastewater.
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25. "Sewer Facilities or System ": any and all facilities used for
collecting, conveying, pumping, treating, and disposing of wastewater and
sludge operated by the City, including the Public Sewer.26 "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.
26. "Sewer WDRs ": the "General Waste Discharge Requirements for
Sewer Collection Agencies in Orange County Within the Santa Ana Region,"
(Order No. R8- 2002 - 0014), dated April 26, 2002, adopted by the Santa Ana
RWQCB, and any successor permit to such WDRs.
27. "Sludge ": any solid, semi -solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or pretreatment facility.
28. "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.
29. "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.
30. "Wastewater ": the liquid and water - carried wastes of the
community and all constituents thereof, whether treated or untreated, discharged
into or permitted to enter a public sewer.
31. "Wastewater Constituents and Characteristics ": the individual
chemical, physical, bacteriological, and other parameters, including volume and
flow rate and such other parameters that serve to define, classify or measure the
quality and quantity of wastewater.
32. "Water Minimization Practices ": plans or programs intended to
reduce or eliminate 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.
13 -82 FOG Discharge Requirement.
No FSE shall discharge or cause to be discharged into the sewer system FOG
that exceeds a concentration level adopted by a Regulatory Agency or that may
accumulate and/or cause or contribute to blockages in the sewer system or at the sewer
system lateral which connects the FSE to the sewer system.
13 -83 Prohibitions.
The following prohibitions shall apply to all FSEs:
A. No person shall discharge, or cause to be discharged any wastewater from
FSEs directly or indirectly into the sewer system without first obtaining a FOG
Wastewater Discharge Permit pursuant to this Chapter.
B. Discharge of any waste, including FOG and solid materials removed from
the grease control device to the sewer system, is prohibited.
C. The discharge of any waste or FOG to the sewer system which fails to
comply with the FOG Discharge Manual is prohibited.
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D. The discharge of any waste or FOG to the sewer system in a manner
which either violates the Sewer WDRs or causes or contributes to condition which fails
to comply with any of the provisions of the Sewer WDRs is prohibited.
13 -84 Food Grinders Prohibited.
A. No food grinder shall be installed in a plumbing system of new
construction of an FSE.
B. All food grinders shall be removed from an existing FSE upon: (i) major
operational change to the FSE; or (ii) within 180 days of the effective date of this
Ordinance, except when expressly approved, in writing, by the Director..
13 -85 Best Management Practices Required.
A. All FSEs shall implement Best Management Practices in its operation to
minimize the discharge of FOG to the sewer system.
B. All FSEs must implement and demonstrate compliance with Best
Management Practices (BMP) requirements as specified in the City's FOG Discharge
Manual. Detailed requirements for Best Management Practices are specified in the FOG
Discharge Manual and may include kitchen practices and employee training that are
essential in minimizing FOG discharges.
13 -86 Fog Pretreatment Required.
FSEs are required to install, operate and maintain an approved type and
adequately sized grease interceptor necessary to maintain compliance with the objectives
of this Chapter in accordance with the FOG Discharge Manual and the requirements of
40 CFR §403.5.
13 -87 Variance and Waiver of Grease Interceptor Requirement.
A. Variance from Grease Interceptor Requirements.
A variance or a conditional waiver from the grease interceptor requirements on
such terms and conditions as may established by the Director, consistent with the
requirements of the Sewer WDRs, the City's FOG Control Program, the FOG Discharge
Manual, and best construction, engineering, environmental and health and safety
practices, (1) to allow alternative pretreatment technology that is, at least, equally
effective in controlling the FOG discharge in lieu of a grease interceptor, may be granted
by the Director to FSEs demonstrating to the Director's satisfaction that it is impossible
to install, operate or maintain a grease interceptor; or (2) where the FSE demonstrates to
the Director's satisfaction that any FOG discharge from the FSE is negligible and will
have an insignificant impact to the sewer system.
B. Waiver from Grease Interceptor Installation with a Grease Disposal
Mitigation Fee.
For FSEs where the installation of grease interceptor is not feasible and no
equivalent alternative pretreatment can be installed, a waiver from the grease interceptor
requirement may be granted with the imposition of a Grease Disposal Mitigation Fee as
described in Section 13 -89. The Director's determination to grant the waiver with a
Grease Disposal Mitigation Fee will be based upon such considerations that the Director
determines to be appropriate and consistent with the Sewer WDRs, the City's FOG
Control Program, the FOG Discharge Manual, and best construction, engineering,
environmental and health and safety practices. Provided, however, that a grease
interceptor will be installed when the FSE either (i) applies for any discretionary permit,
including but not limited to a conditional use permit; or (ii) conducts any remodeling to
a FSE which involves construction valued at $50,000 or more requiring a building
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permit and which 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. No discretionary permit, including but not limited to a
conditional use permit, shall be issued to a FSE unless the applicant can demonstrate
that a grease interceptor has been or will be installed at the FSE.
C. Application for Waiver or Variance of Requirement for Grease
Interceptor.
A FSE may submit an application for waiver or variance from the grease
interceptor requirement to the Director. Terms and conditions for issuance of a variance
to a FSE shall be set forth in the discharge permit. 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.
13 -88 Multiple FSEs at Commercial Properties.
For Properties at which multiple FSEs are operated on a single parcel, each FSE
operator shall be individually and separately responsible for installation and
maintenance of the grease interceptor serving its FSEs and for compliance with this
Chapter. Furthermore, owners of commercial properties at which multiple FSEs that are
operated on a single parcel shall be responsible for ensuring compliance by each FSE on
the parcel. Such operators and/or property owner can comply with this Chapter by
installing and maintaining a grease interceptor or grease interceptors serving multiple
FSEs upon approval by the Director on such terms and conditions that the Director may
establish in his sole discretion.
13 -89 Grease Disposal Mitigation Fee.
A. FSEs 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 and administration of the sewer system as a result of the FSEs' inability to
adequately remove FOG from its wastewater discharge. This Section shall not be
interpreted to allow a new FSE, or existing FSEs undergoing remodeling or change in
operations, to operate without an approved grease interceptor unless the Director has
determined that it is impossible to install or operate a grease control interceptor for the
FSE under the provisions of this Chapter.
B. The Grease Disposal Mitigation Fee shall be established by resolution of
the City Council, 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 FSE resulting from the lack of a grease interceptor
or grease control device and such other costs that the City Council considers appropriate.
C. The Grease Disposal Mitigation Fee may not be waived or reduced when
the FSE does not comply with the minimum requirements of this Chapter 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 a sanitary sewer
overflow (`SSO ") in the sewer downstream, or surrounding the FSE prior to the waiver
request.
13 -90 Sewer System Overflows, Public Nuisance, Abatement Orders and Cleanup
Costs.
Notwithstanding any waiver of grease interceptor requirements under this
Chapter, FSEs determined by the Director to have contributed to a sewer blockage,
SSOs or any sewer system interferences resulting from the discharge of wastewater or
waste containing FOG, may be ordered by the Director to immediately install and
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maintain a grease interceptor, and may be subject to a plan determined by the Director 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 FSEs
alone or collectively are the responsibility of the private property owner or FSE, and
individual(s) as a responsible officer or owner of the FSE. If the City must act
immediately to contain and clean up an SSO- caused by blockage of a private or public
sewer lateral or serving a FSE, or at the request of the property owner or operator of the
FSE, or because of the failure of the property owner or FSE to abate the condition
causing immediate threat of injury to the health, safety, welfare, or property of the
public, the City's costs for such abatement may be entirely borne by the property owner
or operator of the FSE, and individual(s) as a responsible officer or owner of the FSE(s)
and may constitute a debt to the City and become due and immediately payable upon the
City's request for reimbursement of such costs.
13 -91 FOG Wastewater Discharge Permit Required.
A FSEs proposing to discharge or currently discharging wastewater -
containing FOG into the City' s sewer system shall obtain a FOG Wastewater Discharge
Permit from the City within either (i) 180 days from the effective date of this Chapter or
(ii) at the time any FSE applies for or renews its annual business license from the City.
Compliance with this Chapter must be demonstrated at the time any business license is
issued, provided that the Director may extend the compliance date for no more than 90
days after the date of the issuance of the license.
B. FOG Wastewater Discharge Permits shall be expressly subject to all
provisions of this Chapter and all other regulations, charges for use, and fees established
by the City. The conditions of FOG Wastewater Discharge Permits shall be enforced by
the City in accordance with this Chapter and applicable State and Federal Regulations.
C. The City shall not issue a certificate of occupancy for any new
construction, or occupancy unless a FSE has fully complied with the provisions of this
Chapter.
13 -92 FOG Wastewater Discharge Permit Application.
A. Any person required to obtain a FOG Wastewater Discharge Permit shall
complete and file with the City prior to commencing discharges, an application in a form
prescribed by the Director and shall provide the City such information and documents as
the Director determines is necessary and appropriate to properly evaluate the application.
The applicable fees shall accompany this application. After evaluation of the data
furnished, the Director may issue a FOG Wastewater Discharge Permit, subject to terms
and conditions set forth in this Chapter and as otherwise determined by the Director to
be appropriate to protect the City's sewer system.
13 -93 FOG Wastewater Discharge Permit Conditions.
The issuance of a FOG Wastewater Discharge Permit may contain any of the
following conditions or limits as determined by the Director:
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.
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E. Requirements for maintaining and reporting status of Best Management
Practices.
F. Requirements for maintaining and submitting logs and records, including
waste hauling records and waste manifests.
G. Requirements to self- monitor.
H. Requirements for the FSE to construct, operate and maintain, at its own
expense, FOG control device and sampling facilities.
I. Consent by the operator of the FSE for the City and other Regulatory
Agencies to inspect the FSE to confirm compliance with this Chapter, the Sewer WDRs
and other applicable laws, rules and regulations, including any NPDES permit
applicable to the City.
J. Additional requirements as otherwise determined to be reasonably
appropriate by the Director to protect the City's system or as specified by other
Regulatory Agencies.
K. Other terms and conditions, which may be reasonably applicable to
ensure compliance with this Chapter as determined by the Director.
13 -94 FOG Waste Water Discharge Permit Fee.
The FOG Wastewater Discharge Permit fee shall be paid by the applicant in an
amount adopted by resolution of the City Council. Payment of permit fees must be
received by the City prior to issuance of either a new discharge permit or a renewed
discharge permit. A Permittee shall also pay any delinquent invoices in full prior to
permit renewal.
13 -95 FOG Wastewater Discharge Permit Modification of Terms and Conditions.
A. The terms and conditions of an issued discharge permit may be subject to
modification and change by the sole determination of the Director during the life of the
permit based on:
1. The discharger's current or anticipated operating data;
2. The City's current or anticipated operating data;
3. Changes in the requirements of Regulatory Agencies which affect
the City; or
4. A determination by the Director that such modification is
appropriate to further the objectives of this Chapter.
B. The Permittee may request a modification to the terms and conditions of
an issued discharge permit. The request shall be in writing stating the requested change,
and the reasons for the change. The Director 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 discharge permit
limits, conditions, or requirements at least 45 days prior to the effective date of change.
Any changes or new conditions in the discharge permit shall include a reasonable time
schedule for compliance.
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13 -96 FOG Wastewater Discharge Permit Duration and Renewal.
FOG Wastewater Discharge Permits shall be issued for a period not to exceed 1
year. Upon expiration of the discharge permit, the user shall apply for renewal of the
permit in accordance with the provisions of this Chapter.
13 -97 Exemption from FOG Wastewater Discharge Permit.
A limited food preparation establishment is not considered a FSE for the
purposes of this Chapter and is exempt from obtaining a FOG Wastewater Discharge
Permit.
13 -98 Non - Transferability of FOG Wastewater Discharge Permits.
A. FOG Wastewater Discharge Permits issued under this Chapter are for a
specific FSE, for a specific operation and create no vested or property rights.
B. No FOG Wastewater Discharge Permit holder shall assign, transfer or
sell any FOG Wastewater Discharge Permit issued under this Chapter nor use any such
permit for or on any premises or for facilities or operations or discharges not expressly
encompassed within the underlying permit.
C. Any FOG Wastewater Discharge Permit, which is transferred to a new
owner or operator or to a new facility, is void.
13 -99 FOG Wastewater Discharge Permit Charge for Use.
In addition to the FOG Wastewater Discharge Permit application fee, a charge to
cover all costs of the City for providing the sewer service and monitoring shall be
established by resolution of the City Council.
13 -100 Grease Interceptor Requirements.
A. Grease Interceptors shall be maintained in efficient operating condition in
accordance with the FOG Discharge Manual.
B. Grease interceptors must be cleaned, maintained, and FOG must be
removed from grease interceptors at regular intervals.
C. FOG removed from grease interceptors shall be waste hauled periodically
as part of the operation and maintenance requirements for grease interceptors and
disposed of in a proper manner and at regular intervals.
13 -101 Monitoring and Reporting Conditions.
A. Monitoring for Compliance with FOG Wastewater Discharge Conditions
and Reporting Requirements.
1. The Director may require periodic reporting of the status of
implementation of Best Management Practices, in accordance with the FOG
Control Program and the FOG Discharge Manual.
2. The Director may require visual and other monitoring at the sole
expense of the Permittee to observe the actual conditions of the FSE's sewer
lateral and sewer lines downstream.
3. The Director 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 Chapter. Monitoring reports of the
analyses of wastewater constituents and FOG characteristics shall be in a manner
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and form approved by the Director and shall be submitted upon request of the
Director.
4. Failure by the Permittee to perform any required monitoring, or to
submit monitoring reports required by the Director constitutes a violation of this
Chapter and shall be cause for the City 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 Chapter.
5. The Permittee shall be responsible for any and all expenses of the
City in undertaking such monitoring analyses and preparation of reports.
6. Other reports may be required such as compliance schedule
progress reports, FOG control monitoring reports, and any other reports deemed
reasonably appropriate by the Director to ensure compliance with this Chapter.
B. Record Keeping Requirements.
The Permittee shall be required to keep all documents identified by the Director
relating to its compliance with this Chapter, including 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 2 years. The Permittee shall, upon
request, make the manifests, receipts and invoices available to any City representative,
or inspector.
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 City, or to tamper with or knowingly render
inoperable any grease control device, monitoring device or method or access point
required under this Chapter.
13 -102 Inspection and Sampling Conditions.
A. The Director may inspect and sample or order the inspection and
sampling of the wastewater discharges of any FSE to ascertain whether the intent of this
Chapter is being met and the Permittee is complying with all requirements. The
Permittee shall allow the City access to the FSE premises, during normal business hours,
for purposes of inspecting the FSE's grease control devices or interceptor, reviewing the
manifests, receipts, invoices and other documents and information and to make inquiries
of the Permittee and its employees relating to the cleaning, maintenance and inspection
of the grease control devices or interceptor or other facilities relating to discharges into
the sewer system.
B. The Director shall have the right to place or order the placement on the
FSE's property or other locations as determined by the Director, such devices as are
necessary to conduct sampling or metering operations. Where a FSE has security
measures in force, the Permittee shall make necessary arrangements so that
representatives of the City shall be permitted to enter without delay for the purpose of
performing their specific responsibilities.
C. For the Director to determine the wastewater characteristics of the
discharger for purposes of determining the annual use charge and for compliance with
FOG Wastewater Discharge Permit requirements, the Permittee shall make available for
inspection and copying by the City 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 Chapter. All such records shall be kept by the Permittee a minimum of 2
years.
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13 -103 Right of Entry.
Persons or occupants of premises where wastewater is created or discharged
shall allow the Director, or City representatives, reasonable access to all parts of the FSE
and all wastewater generating and disposal facilities for the purposes of inspection and
sampling during all times the discharger's facility is open, operating, or any other
reasonable time. No person shall interfere with, delay, resist or refuse entrance to City
representatives attempting to inspect any FSE or facility involved directly or indirectly
with a discharge of wastewater to the City's sewer system.
13 -104 Notification of Spill.
A. In the event a Permittee is unable to comply with any FOG Wastewater
Discharge 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
Chapter, the discharger shall immediately notify the City by telephone at the number
specified in the Permit. If the material discharged to the sewer has the potential to cause
or results in sewer blockages or SSOs, the discharger shall immediately notify the local
Health Department, City or County, and the City.
B. Confirmation of this notification shall be made in writing to the Director
at the address specified in the FOG Wastewater Discharge Permit no later than 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 City
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 Chapter or other
applicable law.
13 -105 Enforcement.
A. The City Council finds that, in order for the City to comply with the laws,
regulations, and rules imposed upon it by Regulatory Agencies and to ensure that the
City's sewer facilities are protected and are able to operate with the highest degree of
efficiency, and to protect the public health and environment, specific enforcement
provisions must be adopted to govern the discharges to the City's sewer system by FSEs.
B. To ensure that all interested parties are afforded due process of law and
that violations are resolved as soon as possible, a Permittee, or applicant for a permit
may appeal any determination made by the Director, including but not limited to a denial
of a discharge permit, a notice of violation; permit suspension or revocation; or a
Compliance Schedule Agreement (CSA), pursuant to the procedures set forth in Section
13 -107.
C. The City, at its discretion, may utilize any one, combination, or all
enforcement remedies provided in this Chapter in response to any FOG Wastewater
Discharge Permit or Chapter violations.
13 -106 Violations.
A. The owner and operator of a FSE or Permittee shall be in violation of this
Chapter if such owner or operator or Permittee:
1. Fails to install an approved grease control device as required by
this Chapter; or
2. Makes any false statement, representation, record, report, plan or
other document that is filed with the City; or
3. Tampers with or knowingly renders inoperable any grease control
device required under this Chapter; or
4. Fails to clean, properly operate, maintain or remove FOG from a
grease control device within the required time for such cleaning, maintenance or
grease removal; or
5. Fails to keep up -to -date and accurate records of all cleaning,
maintenance, and FOG removal and upon request to make those records
available to any City Code Enforcement representative, or his or her designee,
any representative of a local sanitation agency that has jurisdiction over the
sanitary sewer system that services the FSE, or any Authorized Inspector that has
jurisdiction under the Water Quality Chapter; or
6. Refuses a City Code Enforcement representative, or his or her
designee, a representative of a local sanitary sewer agency that has jurisdiction
over the sanitary sewer system that services the FSE, or any Authorized
Inspector, reasonable access to the FSE for the purposes of inspecting,
monitoring, or reviewing the Grease Control Device manifests, receipts and
invoices of all cleaning, maintenance, grease removal of /from the Grease
Control Device, and/or to inspect the Grease Control Device; or
7. Disposes of, or knowingly allows or directs FOG to be disposed
of, in an unlawful manner; or
8. Fails to remove all food grinders located in the Food Facility by
the date specified by this Chapter; or
9. Introduces additives into a wastewater system for the purposes of
emulsifying FOG without the written, specific authorization from City and the
sanitary sewer agency that has jurisdiction of the sanitary sewer system that
services the FSE; or
10. Fails to pay the Grease Disposal Mitigation Fee as specified in
this Chapter when due; or
11. Fails to comply with the provisions of the FOG Manual; or
12. Otherwise fails to comply with the provisions of this Chapter or
any permit issued by the City under this Chapter.
B. Violations under this Section shall be subject to the procedures, penalties
and remedies set out in this Chapter and Chapter 1.15. All costs for the investigations,
enforcement actions, and ultimate corrections of violations under this Section, incurred
by the City shall be reimbursed by the owner /operator of the FSE.
13 -107 Compliance Schedule Agreement (CSA).
A. Upon determination by the Director that a Permittee or other owner or
operator of a FSE or owner of a Property is in noncompliance with the terms and
conditions specified in its FOG Wastewater Discharge Permit or any provision of this
Chapter, or needs to construct and/or acquire and install a grease control device or
grease interceptor, the Director may require the Permittee, owner or operator to enter
into a CSA.
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B. The issuance of a CSA may contain terms and conditions as determined
appropriate by the Director, including but not limited to requirements for installation of
a grease control device, 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 Chapter.
C. The Director shall not enter into an CSA until such time as all amounts
owed to the City, including user fees, noncompliance sampling fees, or, or other
amounts due are paid in full, or an agreement for deferred payment secured by collateral
or a third party, is approved by the Director.
D. If compliance is not achieved in accordance with the terms and
conditions of a CSA during its term, the Director may issue an order suspending or
revoking the discharge permit pursuant to this Chapter.
13 -108 FOG Wastewater Discharge Permit Suspension.
A. The Director 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 City.
3. Refuses to provide records, reports, plans, or other documents
required by the City to determine permit terms or conditions, discharge
compliance, or compliance with this Chapter.
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 City
for user charges, permit fees, or any other fees imposed pursuant to this Chapter.
7. Causes interference, sewer blockages, or SSOs with the City's
collection, treatment, or disposal system.
8. Violates grease interceptor or grease control device maintenance
requirements, or any condition or limit of its FOG Wastewater Discharge Permit
or any provision of this Chapter.
B. When the Director has reason to believe that grounds exist for permit
suspension, he /she shall give written notice thereof by certified mail to the Permittee
setting forth a statement of the facts and grounds deemed to exist.
C. Effect
1. Upon an order of suspension by the Director, 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 City'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.
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13 -109 Permit Revocation.
A. Revocation. The Director may revoke any FOG Wastewater Discharge
Permit when it is determined that a Permittee has failed to comply with this Chapter.
B. Notice of Revocation. When the Director has reason to believe that
grounds exist for the revocation of a FOG Wastewater Discharge Permit, he /she shall
give written notice by certified mail thereof to the Permittee setting forth a statement of
the facts and grounds.
C. Effect of Revocation.
1. Upon an order of revocation by the Director becoming final, the
Permittee shall permanently lose all rights to discharge any wastewater
containing FOG directly or indirectly to the City'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 discharge permit at any location
within the City by any person associated with an order of revocation will be
considered by the City after fully reviewing the records of the revoked FOG
Wastewater Discharge Permit, which records may be the basis for denial of a
new permit.
4. An order of FOG Wastewater Discharge Permit revocation issued
by the Director shall be final in all respects on the 16th day after it is mailed to
the Permittee.
13 -110 Damages to Facilities or Interruption of Normal Operations.
A. Any person who discharges any waste, including but not limited to those
listed under 40 C.F.R. § 403.5, which causes or contributes to any sewer blockage,
SSOs, obstruction, interference, damage, or any other impairment to the City's sewer
system or sewer facilities or to the operation of the sewer system or those facilities
shall be liable for all costs required to clean or repair the system or facilities, together
with expenses incurred by the City to resume normal operations. A service charge of
(25% of City's costs shall be added to the costs and charges to reimburse the City for
miscellaneous overhead, including administrative personnel and record keeping. The
total amount shall be payable within 45 days of invoicing by the City.
B. Any person who discharges a waste which causes or contributes to the
City violating its Sewer WDRs or any other discharge requirements or permits
established by any Regulatory Agency or the City incurring additional expenses or
suffering losses or damage to the sewer system or sewer facilities, shall be liable for any
costs or expenses incurred by the City, including regulatory fines, penalties, and
assessments made by other agencies or a court, and including any attorney's fees
incurred by the City.
13 -111 Public Nuisance.
Discharge of wastewater in any manner in violation of this Chapter or of any
order issued by the Director, as authorized by this Chapter, or any provisions of a FOG
Wastewater Discharge Permit is hereby declared a public nuisance and shall be corrected
or abated as directed by the Director. Any person creating a public nuisance is guilty of
a misdemeanor.
13 -112 Termination of Service.
A. The City, by order of the Director, may physically terminate sewer
service and water service to any FSE, as follows:
1. On a term of any order of suspension or revocation of a FOG
Wastewater Discharge Permit; or
2. Upon the failure of a person not holding a valid Discharge Permit
to immediately cease the discharge, whether direct or indirect, to the City's sewer
facilities after the notice and process as provided herein.
B. All costs for physical termination shall be paid by the owner or operator
of the FSE or Permittee as well as all costs for reinstating service.
13 -113 Emergency Suspension Order.
The City may, by order of the Director, suspend sewer service and/ or water
service when the Director 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 City's sewer facilities, or may
cause the City to violate any State or Federal Law or Regulation or the Sewer WDRs.
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.
13 -114 Civil Penalties.
A. In addition to criminal penalties and administrative penalties authorized
by this Chapter, all users of the City's system and facilities are subject to enforcement
actions administratively or judicially by the City, U.S. EPA, Santa Ana RWQCB, or the
County of Orange and other Regulatory Agencies. 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. §§
1251 et seq.); (2) California Porter- Cologne Water Quality Control Act (California
Water Code §§ 13000 et seq.); (3) California Hazardous Waste Control Law (California
Health & Safety Code §§ 25100 to 25250); (4) Resource Conservation and Recovery
Act of 1976 (42 U.S.C. §§ 6901 et seq.); and (5) California Government Code, §§
54739- 54740.
B. In the event the City 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 or the Sewer WDRs, and said
violation can be established by the City, as caused by the discharge of any user of the
City's system which is in violation of any provision of the City's Chapter or the user's
FOG Wastewater Discharge Permit, the City 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 §§ 54739 -
54740, any person who violates any provision of this Chapter; 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. §§ 1251 et seq., any
person who violates any provision of this Chapter, 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 City Attorney, upon request of the
Director, shall petition the Superior Court to impose, assess, and recover such penalties,
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or such other penalties as the City may impose, assess, and recover pursuant to Federal
and/or State legislative authorization.
D. Administrative Civil Penalties.
Pursuant to the authority of California Government Code §§ 54740.5 and
54740.6, the City may issue an administrative complaint to any person who violates:
1. any provision of this Chapter;
2. any condition, prohibition, or effluent limit of a FOG Wastewater
Discharge Permit or CSA; or
3. any suspension or revocation order.
13 -115 Criminal Penalties; Misdemeanor.
Any person who violates any provision of this Chapter or of a FOG Wastewater
Discharge Permit or CSA is guilty of a misdemeanor, which upon conviction is
punishable by a fine not to exceed $1,000.00, or imprisonment for not more than 6
months, or both. Each violation and each day in which a violation occurs may constitute
a new and separate violation of this Chapter and shall be subject to the penalties
contained herein.
13 -116 Appeals to the City Manager.
Any FSE, permit applicant, or Permittee adversely affected by a decision made
by the Director may appeal the decision by filing, within 10 days, a written request for
hearing before the City Manager accompanied by an appeal fee in an amount established
by resolution. The request for hearing shall set forth in detail all the issues in dispute all
facts supporting appellant's request. A hearing shall be held by the City Manager within
65 days. If the matter is not heard within the required time, the order of Director shall
be deemed final. The appeal fee shall be refunded if the City Manager reverses or
modifies, in favor of the appellant, the order of the Director. After the hearing, the City
Manager shall uphold, modify, or reverse the decision. The written decision shall be
sent by certified mail to the appellant or its legal counsel/representative at the appellant's
business address. The City Manager's decision shall be final.
13 -117 Payment of Charges.
A. Except as otherwise provided, all fees, charges and penalties established
by this Chapter are due and payable upon receipt of notice thereof. All such amounts are
delinquent if unpaid 45 days after date of invoice.
B. Any charge that becomes delinquent shall have added to it a penalty in
accordance with the following:
1. Forty -six days after date of invoice, a basic penalty of 10% of the
base invoice amount, not to exceed a maximum of $1,000.00; and
2. A penalty of 1.5% per month of the base invoice amount and
basic penalty shall accrue from and after the 46th day after date of invoice.
C. Any invoice outstanding and unpaid after 90 days shall be cause for
immediate initiation of permit revocation proceedings or immediate suspension of the
FOG Wastewater Discharge Permit.
D. Penalties charged under this Section shall not accrue to those invoices
successfully appealed, provided the City receives written notification of said appeal
prior to the payment due date.
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E. Payment of disputed charges is still required by the due date during the
City review of any appeal submitted by Permittees.
F. Collection of delinquent accounts shall be in accordance with the City's
policy resolution establishing procedures for collection of delinquent obligations owed
to the City, as amended from time to time by the City Council. Any such action for
collection may include an application for an injunction to prevent repeated and recurring
violations of this Chapter.
13 -118 Judicial Review.
A. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the
City hereby enacts this part to limit to 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. Notwithstanding the foregoing, and pursuant to Government Code
Section 54740.6, judicial review of a final order of the City Manager or the Director
imposing administrative civil penalties pursuant to this Chapter may be made only if the
petition for writ of mandate is filed not later than the 30th day following the day on
which such order becomes final."
SECTION 2. Section 22 -10, of Chapter 22, of the Cypress Municipal Code is hereby amended,
in part, to designate the existing text thereof to be subsection (a) and to add a new subsection (b)
thereto, which shall read, in its entirety, as follows:
"(b) Pursuant to Article VIII, of Chapter 13, of this code, the City of Cypress,
through its Director of the Department of Public Works, or his or her designee, shall
promulgate design criteria, standards, and procedures to assure implementation of the
requirements of such Article, and to further promulgate design criteria, standards, and
procedures so as to control infiltration and connections from inflow sources, including
satellite systems, of the City's sanitary sewer system, and to require that sewers, sewer
connections, and service laterals be designed and constructed so as to assure
implementation of the requirements of such Article, and to further promulgate design
criteria, standards, and procedures for, and to inspect the construction of, all sewers,
sewer connections, and service laterals to insure correct installation, testing, and
inspection of all new and rehabilitated sewers, sewer connections, and service laterals so
as to assure implementation of the requirements of such Article."
SECTION 3. Pursuant to the provisions of the California Building Standards Law, California
Health and Safety Code §§ 18941.5, 17958, 17958.5 and 17958.7, the City hereby finds that the
amendments to the State Building Standards and Housing Laws, more particularly the California
Plumbing Code, adopted herein are necessary because of climatic, geological or topographical
conditions of property in the City's jurisdiction, and as more specifically described below.
SECTION 4. Pursuant to Section 1094.6 of the California Code of Civil Procedure, the City
hereby enacts this part to limit to 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. Notwithstanding the foregoing, and pursuant to Government Code §
54740.6, judicial review of an order of the City Council imposing administrative civil penalties pursuant
to applicable law may be made only if the petition for writ of mandate is filed not later than the 30th day
following the day on which the order of the City Council becomes final.
SECTION 5. A copy of this Ordinance shall be filed with the California Building Standards
Commission and the California Department of Housing and Community Development.
SECTION 6. 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 City Council
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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.
FIRST READING at a regular meeting of the City Council of said City held on the 22nd day of
November, 2004, and finally adopted and order posted at a regular meeting held on the 13th day of
December, 2004.
ATTEST:
CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA
COUNTY OF ORANGE
) SS
MAYOR OF THE CITY OF CYPRESS
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE
FOREGOING Ordinance was duly adopted by said City Council at a regular meeting held on the 13th
day of December, 2004, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, McCoy, Seymore, Sondhi and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Y CLERK OF THE CITY OF CYPRESS
279