HomeMy Public PortalAboutOrd. 1636ORDINANCE NO. 1636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA, ADDING A NEW SECTION 14 TO CHAPTER 14 OF THE LYNWOOD
MUNICIPAL CODE REGARDING FATS, OILS AND GREASE MANAGEMENT AND
DISCHARGE CONTROL
Section 1. The City Council of the City of Lynwood hereby adds a new Section
14 to Chapter 14 of the Lynwood Municipal Code to read as follows:
Chapter 14 -14 Fats, Oil and Grease Management and Discharge Control
14 -14.1 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 Lynwood is an Enrollee under the "General Waste Discharge
Requirements for Sanitary Sewer Systems (Sewer WDRs) under Order
No. 2006 -003, dated May 2, 2006 issued by the State Water Resources
Control Board. The City is required to adopt Chapters and implement
procedures to reduce the amount of fats, oils and grease [ "FOG "]
discharged into the City's sanitary sewer collection system.
C. Section D.1 3(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. Food Service Establishments (FSEs) or "Food Facilities ", as defined in
California Uniform Retail Food Facilities Law ( "CU RFFL "), Division 104
(Environmental Health), Part 7 (Retail Food), Chapter 4, Articles 1 -20 of
the California Health & Safety Code, produce FOG as a by- product of their
operations. If not properly managed and disposed, FOG will create the
potential for blockage of sanitary sewer lines, which can result in sanitary
sewer overflows ( "SSOs ") that cause damage to both public and private
property, and public health issues and have the potential to pollute
beaches and water courses in and around the City.
E. Based on information collected by the Utility Division, FOG is one of the
causes of sanitary sewer blockages and SSOs within the City of Lynwood.
F. The current edition of the Uniform Plumbing Code requires FSEs that
have the potential to produce FOG in quantities that can effect line
stoppage or hinder sewage treatment or private sewage disposal to have
grease control devices. Many FSEs, such as restaurants within the City do
not have grease control devices. Implementation of this Chapter is
necessary because these FSEs have the potential to require the City and
the County Sanitation Districts of Los Angeles County (Sanitation Districts)
to perform additional preventive maintenance on sewer lines that service
these facilities, as well as respond to and cleanup blockages and SSOs
caused by improper FOG disposal practices and grease control device
maintenance.
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.
H. This Chapter shall be interpreted in accordance with the definitions set
forth in Section 14.2 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.
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 section 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 and waste containing FOG discharges to the
sewer facilities.
K. 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.
14 -14.2 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 CFR 136 (Code
of Federal Regulations).
B. Other terms not herein defined shall have the same meaning 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, or
his /her designee.
3. "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.
4. "Domestic Wastewater ": any liquid and solid waterborne waste
derived from the ordinary living processes of humans of such
character as to permit satisfactory disposal, without special
treatment, into the public sewer or by means of a private disposal
system.
5. "Effluent ": any liquid outflow from the food service establishment
that discharges to the sewer collection system.
6. "Fats, Oils, and Grease" or "FOG ": any substance, such as a
vegetable or animal 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.
7. "FOG Control Program ": the FOG Control Program required by and
developed pursuant to State Water Resources Control Board Order
No. 2006 -003, D13 (vii).
8. "FOG Discharge Manual ": the "Fats, Oil and Grease Discharge
Manual ", setting forth Best Management Practices for FSEs, as
approved by the Director.9.
9. "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 Sewer Facilities or
Public Sewer.
10. "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.
11. "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, 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, 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. An FSE shall not include a Limited Food Preparation
Establishment.
12. "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.
13. "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 mechanism to reduce FOG subject to the
approval of the Director.
14. "Grease Disposal Mitigation Fee ": a fee charged to an
owner /operator of an 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. The Grease
Disposal Mitigation Fee is intended to cover the costs of increased
maintenance of the sewer system for inspection and cleaning of
FOG or other viscous or solidifying agents that a properly employed
grease control device would otherwise prevent from entering the
sewer system.
15. "Grease Interceptor" or "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 an 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. These devices must
be cleaned, maintained, and have the FOG removed and disposed
of in a proper manner on regular intervals to be effective.
16. "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.
17. "Infiltration ": water entering the Sewer System, including sewer
service connections, from the ground through such means as
defective pipes, pipe joints, connections, or manhole walls.
18. "Inflow ": Water entering the Sewer System through a direct storm
water runoff connection to the sanitary sewer, which may cause an
almost immediate increase in wastewater flows.
19. "Inspector ": a person authorized by the City to inspect any existing
or proposed wastewater generation, conveyance, processing, and
disposal facilities.
20. "Interference ": any discharge which, alone or in conjunction with
discharges from other sources, inhibits or disrupts the Sewer
System, treatment processes or operations; or is a cause of
violation of the City's NPDES or Waste Discharge Requirements.
21. "Limited Food Preparation Establishment ": is an establishment that
is not considered an 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. Such limited food preparation establishment does not include
any operation that changes the form, flavor, or consistency of food.
22. "Local Sewer Agency ": any public agency or private entity
responsible for the collection and disposal of wastewater to the
Sewer Facilities duly authorized under the laws of the State of
California to construct and /or maintain public sewers.
23. "Major Operational Change ": a physical change or operational
change causing generation of an amount of FOG that exceeds the
current amount of FOG discharge to the sewer system by the Food
Service Establishment in an amount that alone or collectively
causes or creates a potential for SSOs to occur.
24. "New Construction ": any structure planned or under construction for
which a sewer connection permit has not been issued.
25. "NPDES ": The National Pollutant Discharge Elimination System:
the permit issued to control the discharge to surface waters of the
United States as detailed in Public Law 92 -500, Section 402.
26. "Permittee ": a person who has received a permit to discharge
wastewater into the Sewer Facilities subject to the requirements
and conditions established by the City.
27. "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.
28. "Public Sewer ": a sewer owned and operated by the City, or other
local Public Agency, which is tributary to the Sewer Facilities.
29. "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, Los
Angeles Region (Los Angeles RWQCB).
d. South Coast Air Quality Management District (SCAQMD).
e. California Department of Public Health (DOPH).
f. Any Public Agency.
30. "Sewage ": wastewater.
31. "Sewer Facilities" or "Sewer System ": any and all facilities used for
collecting, conveying, pumping, treating, and disposing of
wastewater and sludge operated by the City.
32. "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. Sewer laterals between the buildings and the connection to
the public sewer are owned and maintained by the property owner
served by the lateral.
33. "Sewer WDRs ": the "General Waste Discharge Requirements for
Sanitary Sewer Systems, Order No. 2006 -0003, issued by the State
Water Resources Control Board, dated May 2, 2006, and any
successor permit to such WDRs.
34. "Sludge ": any solid, semi -solid or liquid decant, subnate or
supernate from a manufacturing process, utility service, or
pretreatment facility.
35. "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.
36. "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.
37. "Waste hauler ": any person carrying on or engaging in vehicular
transport of waste as part of, or incidental to, any business for that
purpose.
38. "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.
39. "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.
40. "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.
14 -14.3 FOG Discharge Requirement.
No FSE shall discharge or cause to be discharged into the sewer system FOG
that exceeds the concentration level under the County Sanitation District standards, as
adopted by the City, 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.
14 -14.4 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 waste, FOG or solid materials above the standard under
Section 14 -14.3, including FOG and solid materials removed from the
grease control device to the Sewer System, is prohibited.
C. Discharge of waste or FOG above the standard under Section 14 -14.3 to
the Sewer System which fails to comply with the FOG Discharge Manual
is prohibited.
D. Discharge of waste or FOG above the standard under Section 14 -14.3 to
the Sewer System in a manner which either violates the Sewer WDRs or
causes or contributes to a condition which fails to comply with the Sewer
WDRs is prohibited.
14 -14.5 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) any construction requiring the
issuance of a building permit for either remodeling or construction of the
FSE valued at $50,000 or more; (iii) All food grinders shall be removed
from all existing FSEs within 180 days of the effective date of this
Ordinance, except when expressly allowed by the Director pursuant to
Section 14 -14.8
14 -14.6 Best Management Practices Required.
A. All FSEs shall implement Best Management Practices in their 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.
14 -14.7 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.
14 -14.8 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 be 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, to (1) 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
14- 14.10. 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. Notwithstanding the foregoing, 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 an FSE which involves construction valued at $50,000 or
more requiring a building 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 an 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:
An 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 an FSE shall be set forth in the 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.
D. Exemption (Conditional Waiver): A conditional waiver from installation of
a grease interceptor may be granted for Food Service Establishments that
have been determined to have negligible FOG discharge and insignificant
impact to the sewer system. The Director's determination to grant or
revoke a conditional waiver shall be based upon, but not be limited to,
evaluation of the following conditions:
1. Quantity of FOG discharge as measured or as indicated by the size
of Food Service Establishment based on seating capacity, number
of meals served menu, water usage, etc.
2. Adequacy of implementation of Best Management Practices and
compliance history.
3. Sewer size, grade, condition based on visual information (CCTV),
FOG deposition in the sewer by the Food Service Establishment,
and history of maintenance and sewage spills in the receiving
sewer system.
4. Changes in operations that significantly affect FOG discharge.
5. Any other condition deemed reasonably appropriate by the
Director.
14 -14.9 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 are
operated on a single parcel shall be responsible for ensuring compliance by each FSE
on the parcel. Such operators and /or property owner may 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.
14 -14.10 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 a grease control interceptor for the FSE is not applicable
or required 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 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. At a minimum, the
Grease Disposal Mitigation Fee shall be equivalent to the City's cost to: 1.)
Conduct quarterly inspections of FSE premises for compliance with this
Chapter; 2.) Clean the City sewer line that is impacted by the FSEs waste
water discharges twice a year; and 3.) Review the FSEs sewer lateral
cleaning records
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 an SSO in the sewer downstream, or surrounding the FSE
prior to the waiver request.
14 -14.11 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 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 and /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 or sewer lateral serving an 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.
14 -14.12 Industrial Wastewater Discharge Permit for FOG Required.
A. FSEs proposing to discharge or currently discharging wastewater -
containing FOG into the Sewer System shall obtain a Industrial
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, based on his /her finding of good cause, may
extend the compliance date for no more than 90 days after the date of the
issuance of the license.
B. Industrial Wastewater Discharge Permits for FOG shall be expressly
subject to all provisions of this Chapter and all other regulations, charges
for use, and fees established by the City. The City shall be authorized to
enforce the conditions of FOG Wastewater Discharge Permits 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 an FSE has fully complied with the
provisions of this Chapter.
14 -14.13 Industrial Wastewater Discharge Permit Application
Any person required to obtain a Wastewater Discharge Permit for FOG 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 plans, information, and
documents as the Director determines is necessary and appropriate to properly
evaluate the application. The applicable fees, as established by resolution of the City
Council, 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 Sewer System.
14 -14.14 Industrial Wastewater Discharge Permit for FOG Condition.
The issuance of an Industrial Wastewater Discharge Permit for FOG 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 devices.
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
NPDES Permit and other applicable laws, rules and regulations.
J. Additional requirements as otherwise determined to be reasonably
appropriate by the Director to protect the Sewer 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.
14 -14.15 Industrial Waste Water Discharge Permit Fee.
The Wastewater Discharge Permit fee shall be paid annually 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 permit or a renewed permit. A
Permittee shall also pay any delinquent invoices in full prior to permit renewal.
14- 14 -.16 Industrial Wastewater Discharge Permit for FOG Modification of Terms
and Conditions.
A. The terms and conditions of an issued permit may be subject to
modification and change in 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 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 permit limits,
conditions, or requirements at least 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.
14 -14.17 Industrial Wastewater Discharge Permit for FOG Duration and Renewal.
Industrial Wastewater Discharge Permits for FOG shall be issued for a period not to
exceed 1 year. Upon expiration of the permit, the user shall apply for renewal of the
permit in accordance with the provisions of this Chapter.
14 -14.18 Exemption from Industrial Wastewater Discharge Permit for FOG.
A Limited Food Preparation Establishment is not considered an FSE for the purposes of
this Chapter and is exempt from obtaining an Industrial Wastewater Discharge Permit
for FOG.
14 -14.19 Non - Transferability of Permits.
A. Industrial Wastewater Discharge Permits for FOG issued under this
Chapter are for a specific FSE, for a specific operation and create no
vested rights.
B. No permit holder shall assign, transfer or sell any Industrial Wastewater
Discharge Permit for FOG 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 permit, which is transferred to a new owner or operator or to a new
facility, is void.
14 -14.20 Industrial Wastewater Discharge Permit for FOG Charge for Use.
In addition to the 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.
14 -14.21 Grease Interceptor Requirements.
A. No wastewater discharges from FSEs shall be introduced into the sewer
system until the required grease interceptors have been approved by the
Director.
B. Grease Interceptors shall be maintained in good and efficient operating
condition in accordance with the FOG Discharge Manual.
C. Grease interceptors must be cleaned and maintained, and FOG must be
removed from grease interceptors at regular intervals.
D. FOG removed from grease interceptors shall be waste hauled periodically
as part of the operation and maintenance requirements for grease
interceptors and disposed of at an approved location in a proper manner
and at regular intervals.
14 -14.22 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
FSEs 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 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 Industrial Wastewater
Discharge Permit for FOG 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, and
identification of any 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.
These records may include:
1. A logbook of grease interceptor, and /or other 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 waste hauling interceptor
contents.
4. Records of sampling data and sludge height monitoring for FOG
and solids accumulation in the grease interceptors.
5. Any other information deemed appropriate by the Director 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 City, or to tamper with or knowingly render
inoperable any grease control device, monitoring device or method or
access point required under this Chapter.
14 -14.23 Inspection and Sampling Conditions.
A. The Director may inspect or order the inspection and sample 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
of this Chapter. 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 and /or interceptor, reviewing the manifests,
receipts and invoices relating to the cleaning, maintenance and inspection
of the grease control devices or interceptor.
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 an 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 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.
14 -14.24 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 Sewer System.
14 -14.25 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
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
Permittee shall immediately notify the City, the Los Angeles County
Department of Public Health, the Regional Water Quality Control Board,
and the California State Office of Emergency Services if the SSO is 1,000
gallons or more.
B. Confirmation of this notification shall be made in writing to the Director at
the address specified in the 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.
14 -14.26 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 Sewer Facilities are protected and are able to operate with
the highest degree of efficiency, and to protect the public health and the
environment, specific enforcement provisions must be adopted to govern
the discharges to the Sewer System by FSEs.
B. Pursuant to the procedures set forth in Section 14- 14.37, 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).
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.
14 -14.27 Violations.
A. The owner or operator of an FSE, Permittee or Discharger shall be in
violation of this Chapter if such owner, operator, Permittee or Discharger
commits any of the following:
1. Fails to install an approved grease control device as required by
this Chapter;
2. Makes any false statement, representation, record, report, plan or
other document that is filed with the City;
3. Tampers with or knowingly renders inoperable any grease control
device required under this Chapter;
4. Fails to clean, maintain or remove grease from a grease control
device within the required time for such cleaning, maintenance or
grease removal;
5. Fails to keep up -to -date and accurate records of all cleaning,
maintenance, and grease removal and, upon request, fails 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;
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;
7. Disposes of, or knowingly allows or directs FOG to be disposed of,
in an unlawful manner;
8. Fails to remove all food grinders located in the FSE by the date
specified by this Chapter;
9. Introduces additives into a wastewater system for the purposes of
emulsifying FOG without the written, specific authorization from the
sanitary sewer agency that has jurisdiction of the sanitary sewer
system that services the FSE;
10. Fails to pay the Grease Disposal Mitigation Fee as specified in this
Chapter when due;
11. Fails to comply with the FOG Discharge 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 1.04. 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.
14 -14.28 Compliance Schedule Agreement (CSA).
A. Upon determination by the Director that a Permittee, Discharger or other
owner or operator of an FSE or owner of a Property is in noncompliance
with the terms and conditions specified in its 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,
Discharger, owner or operator to enter into a CSA with the City.
B. The issuance of a CSA may contain terms and conditions as determine
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 a CSA until such time as all amounts
owed to the City, including user fees, noncompliance sampling fees, 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. 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.
14 -14.29 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 Sewer
Facilities.
8. Violates grease interceptor maintenance requirements, any
condition or limit of its 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 such grounds.
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 Sewer 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.
14 -14.31 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 permit, he /she shall give written
notice by certified mail thereof to the Permittee setting forth a statement of
such 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 Sewer
Facilities. 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 permit, which records may be the basis for denial of a new
permit.
4. An order of permit revocation issued by the Director shall be final in
all respects on the 16th day after it is mailed to the Permittee.
14 -14.31 Damages to Sewer Facilities or Interruption of Normal Operations.
A. Any person who discharges any waste, including but not limited to those
listed under 40 CFR §403.5, which causes or contributes to any sewer
blockage, SSOs, obstruction, interference, damage, or any other
impairment to the Sewer Facilities or to the operation of the Sewer
Facilities shall be liable for all costs required to clean or repair the Sewer
Facilities together with expenses incurred by the City to resume normal
operations. 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 discharge requirements established by any Regulatory
Agency incurring additional expenses or suffering losses or damage to the
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.
14 -14.32 Public Nuisance — Criminal Penalties.
A. 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
other violation of this Chapter 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.
B. Any person who creates a public nuisance, as set forth above, 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.
14 -14.33 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 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
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.
14 -14.34 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 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 Sewer Facilities, or may cause the
City 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.
14 -14.35 Civil Penalties.
A. In addition to criminal penalties and administrative penalties authorized by
this Municipal Code, all users of the Sewer Facilities are subject to
enforcement actions administratively or judicially by the City, U.S. EPA.
State of California Regional Water Quality Control Board, County of Los
Angeles, or 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.A. Section 1251 et seq.); (2) California
Porter - Cologne Water Quality Control Act (California Water Code Section
13000 et seq.); (3) California Hazardous Waste Control Law (California
Health & Safety Code Section 25100 et seq.); (4) Resource Conservation
and Recovery Act of 1976 (42 U.S.C.A Section 6901 et seq.); and (5)
California Government Code, Sections 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, caused by the discharge of any User of the Sewer System which
is in violation of any provision of the City's Chapter or the user's 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, plus legal fees incurred in such action(s).
C. Pursuant to the authority of California Government Code Sections 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. Section 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 of the City, upon request of the Director, shall petition the
Superior Court to impose, assess, and recover such penalties, or such
other penalties as the City may impose, assess, and recover pursuant to
Federal and /or State legislative authorization, plus legal fees incurred in
such action(s).
D. Administrative Civil Penalties
Pursuant to the authority of California Government Code Sections 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 permit condition, prohibition, or effluent limit; or
3. any suspension or revocation order.
14 -14.36 Appeals to the City Manager.
Any FSE or its owner or operator, permit applicant, Discharger 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, and 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 the order of the Director in
favor of the appellant. 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 course V representative at the appellants business address. The City
Manager's decision shall be final.
14 -14.37 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 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.
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.
14 -14.38 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. If any sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this Ordinance. The City Council hereby declares
that it would have passed this Ordinance and each sentence, clause or phrase thereof
irrespective of the fact that any one or more sentences, clauses or phrases be declared
unconstitutional or otherwise invalid.
Section 3. Any provisions of the Lynwood Municipal Code, or appendices
thereto, or any other Ordinance of the City, to the extent that they are inconsistent with
this Ordinance, and no further, are hereby repealed.
Section 4. This Ordinance shall go into effect and be in full force and operation
from and after thirty days after its final passage and adoption.
Section 5. The City Clerk shall cause this Ordinance to be published and if
appropriate, posted, and as provided by law. Within fifteen (15) days after the adoption
of this Ordinance, the City Clerk shall post in the Office of the City Clerk a certified copy
of the full text of this Ordinance along with the names of those City Council members
voting for and against the Ordinance.
First read at a regular meeting of the City Council held on the 7t" day of December,
2010 and adopted and ordered published at a regular meeting of said Council on 21St
day of December, 2010.
PASSED, APPROVED and ADOPTED this 21St day of December, 2010.
Aide Castro, Mayor
ATTEST:
Maria Quinonez, City Clerk Roger L. Haley, ffy Manager
APPROVED AS TO FORM:
Fred Galante, City Attorney
APPROVED AS TO CONTENT:
G. Daniel Ojeda, P.E., Uirector of
Public Works / City Engineer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
above and foregoing Ordinance was duly adopted by the City Council of the City of
Lynwood at its regular meeting held on the 21St day of December, 2010.
AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO,
AND SANTILLAN
NOES:
ABSENT:
Maria Quinonez, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1636 in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 21St day of December, 2010.
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