HomeMy WebLinkAboutORD 2024-2531 Amending Section 14.06.190 - Industrial Wastes - Discharge Restrictions - Permit Required When and Adding Chapter 14.24 - Fats, Oils and Grease Discharge Control to Title 14 of the National City Municipal Code.ORDINANCE NO. 2024 - 2531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING SECTION 14.06.190 — INDUSTRIAL WASTES - DISCHARGE RESTRICTIONS -
PERMIT REQUIRED WHEN AND ADDING CHAPTER 14.24 — FATS, OILS AND GREASE
DISCHARGE CONTROL TO TITLE 14 OF THE NATIONAL CITY MUNICIPAL CODE.
WHEREAS, the City of National City may adopt ordinances in accordance with its police
powers to ensure the public health, welfare, and safety of its residents, including the police powers
vested in the City pursuant to article XI, section 7, of the California Constitution; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the amendment of the National City Municipal Code;
and
WHEREAS, the City of National City owns and operates the sanitary sewer system within
city limits, which exists to collect and convey the waste collected from residential, commercial and
industrial uses; and
WHEREAS, the City proposes to amend Section 14.06.190 — Industrial Wastes -
Discharge Restrictions - Permit Required When, and add Chapter 14.24 — Fats, Oils and Grease
Discharge Control to Title 14 of the National City Municipal Code; and
WHEREAS, the purpose of this proposed ordinance is to establish further regulations and
compliance requirements that will support the City's FOG control program, which is an important
factor in the operation of the sanitary sewer system; and
WHEREAS, the wastewater collection system's operating efficiency can be increased by
controlling the discharge of FOG to the system; and
WHEREAS, FOG control is required by the State Water Resources Control Board
(SWRCB) Water Quality Order 2022-0103-DWQ; and
WHEREAS, this ordinance will provide the authority to inspect grease -producing facilities,
and provide enforcement to eliminate fats, oils, and grease from the sewer system; and
WHEREAS, this ordinance will allow for the implementation of source control measures
for all sources of fats, oils, and grease reaching the sanitary sewer system; and
WHEREAS, this ordinance will provide an implementation plan and schedule for a public
education and outreach program that promotes the proper disposal of FOG; and
WHEREAS, this ordinance will provide the legal authority to prohibit discharges to the
system and identify measures to prevent spills and blockages; and
WHEREAS, this ordinance will provide requirements to install grease removal devices
(such as traps or interceptors), design standards for the removal devices, maintenance
requirements, best management practice requirements, and recordkeeping and reporting
requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1: The City Council of the City of National City hereby amends Section
14.06.190 of the National City Municipal Code to read as follows:
14.06.190 Industrial wastes —Discharge restrictions —Permit required when.
A. Chemical or industrial liquid wastes shall not be discharged into the public sewer system
without obtaining an industrial waste permit and the approval of the San Diego
Metropolitan Sewerage System to discharge such wastes into the public sewer. Wastes
that are known to be detrimental to the public sewer system or detrimental to the
functioning of the sewage treatment plant shall be treated and disposed of as found
necessary and directed by the San Diego Metropolitan Sewerage System or other
authority having jurisdiction.
B. Solid wastes resulting from the preparation of any food or drink prepared on premises
where such foods or drinks are served or proposed to be served for consumption shall not
discharge into the public sewer system in concentrations that may result in separation
from effluent and adherence to sewer structures and appurtenances, accumulate and/or
cause or contribute to blockages in the sewer system or at the sewer system lateral which
connects the food service establishment to the sewer system. Premises where food or
drink are served or proposed to be served for consumption are required to install,
operate and maintain a grease control device of an approved type and adequate size in
accordance with the current edition of the California Plumbing Code, see Chapter 15.20.
C. Interceptors (including grease, oil and sand, etc.) shall be provided when, in the judgment
of the director of building and safety or the public works director, they are necessary for
the proper handling of liquid wastes containing grease, flammable wastes, sandy solids,
acid or alkaline substances or other ingredients harmful to the building drainage system,
the public or private sewer or to public or private sewage disposal facilities in accordance
to the FOG Ordinance, see Chapter 14.24.
Section 2: The City Council of the City of National City adds Chapter 14.24 of the
National City Municipal Code to read as follows:
Chapter 14.24 — FATS, OILS AND GREASE DISCHARGE CONTROL
Sections:
14.24.010 Title.
This chapter shall be known as "City of National City Fats, Oils and Grease Discharge Control
Ordinance" and shall be so cited.
14.24.020 Purpose and intent.
The purpose of this ordinance is to provide for the protection and maximum beneficial public use
of the City's sewer system while preventing blockages of the sewer resulting from discharges of
Fats, Oils, and Grease ("FOG") to sewer facilities, and to specify appropriate FOG discharge
requirements for food service establishments ("FSEs").
14.24.030 Definitions.
For the purposes of this chapter, certain terms are defined as follows:
A. "Best management practices" means schedules of activities, prohibitions, practices,
maintenance procedures, and other management practices to prevent or reduce the
introduction of FOG to the sewer facilities.
B. "Discharger" means any person who discharges or causes a discharge of wastewater
directly or indirectly into a public sewer.
C. "Fats, oils, and grease" (FOG) means 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 solidify with a change in temperature or other conditions.
D. "FOG control program" means the FOG control program required by and developed
pursuant to State Water Resources Control Board Order No. 2022-0103.
E. "Food grinder" means any device installed in the plumbing or sewage system for the
purpose of grinding food waste or food preparation by-products prior to discharge in the
sewer system.
F. "Food service establishment" (FSE) means establishments of any size operating in a
permanently constructed structure, such as a room, building, or place, or portion thereof,
maintained, used, or operated for the purpose of preparing, serving, manufacturing,
packaging, or otherwise handling food, or for consumption by the public, its members, or
employees, and which has any process or device that uses or produces FOG. 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 without soiling non -disposable
cookware, serving ware, dishes, or utensils, 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.
G. "Grease" means any material, which is extractable from an acidified sample of a waste by
hexane or other designated solvent and as determined by the appropriate procedure in
standard methods. "Grease" includes fats and oils.
H. "Grease control device" means 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, collect, or treat FOG prior to it being discharged into
the sewer system. "Grease control device" may also include any other proven method to
reduce FOG subject to the approval of the City.
I. "Grease interceptor" means a multi -compartment device that is constructed in different
sizes and, according to the current edition of the California Plumbing Code, is generally
required to be located underground between a FSE and the connection to the City's 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.
J. "Grease trap" means a grease control device that is used to serve individual or multiple
fixtures and have limited effect and should only be used in those cases where the use of
a grease interceptor or other grease control device is determined to be impossible or
impracticable.
K. "Hot spots" means areas in sewer lines that have experienced sanitary sewer overflows
or that must be cleaned or maintained frequently to avoid blockages of the sewer system.
L. "Private Lateral Sewage Discharge" (PLSD)" means sewage discharges that are caused
by blockages or other problems within privately owned laterals or collection systems which
are tributary to the sanitary sewer system. This type of sewage discharge is the
responsibility of the private lateral or collection system owner.
M. "Remodeling" means a physical change or operational change causing increased FOG
generation that exceeds the current amount of FOG discharge to the sewer system by the
FSE in an amount that alone or collectively causes or creates a potential for SSOs to
occur; or any remodeling of a food service establishment that requires a building permit.
1. "Sanitary sewer overflow" (SSO) means and includes any overflow, spill, release,
discharge or diversion of untreated or partially treated wastewater from a sanitary
sewer system. SSOs include: Overflows or releases of untreated or partially treated
wastewater that reach waters of the United States;
2. Overflows or releases of untreated or partially treated wastewater that do not reach
waters of the United States; and
3. Wastewater backups into buildings and on private property that are caused by
blockages or flow conditions within the publicly owned portion of a sanitary sewer
system.
N. "Sewage" means the waterborne wastes derived from ordinary human living processes
and of such character as to permit satisfactory disposal, without special treatment, into the
public sewer, a private sewer, or by means of household septic tank systems and
individual household aerobic units.
O. Sewer, Public. See definition in Chapter 14.06.010 of the municipal code.
P. "Wastewater" means any liquid waste of any kind, whether treated or not, and whether
animal, mineral or vegetable including sewage, agricultural, industrial and thermal wastes,
which are discharged into or permitted to enter a public sewer.
14.24.040 FOG discharge requirement.
No food service establishment (FSE) shall discharge or cause to be discharged into the sewer
system any FOG in concentrations that may result in separation from effluent and adherence to
sewer structures and appurtenances, 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. The
following requirements shall apply to all FSEs:
A. Grease control device. FSEs are required to install, operate and maintain a grease control
device of an approved type and adequate size in accordance with the current edition of
the California Plumbing Code, see Chapter 15.20.005 -2022 CPC, (adopted Ordinance
No. 2023-2513, §§ 3, 2-21-2023) to maintain compliance with the objectives of this
chapter, subject to the variance and waiver provisions of Section 14.24.060. The grease
control device shall be adequate to separate and remove FOG contained in wastewater
discharges from FSEs prior to discharge to the sewer system. Fixtures, equipment, and
drain lines located in the food preparation and clean up areas of FSEs that are sources of
FOG discharges shall be connected to the grease control device. The grease control
device shall be installed at a location approved by the County of San Diego or at the
discretion of the City Engineer, where it shall be at all times easily accessible for
inspection, cleaning, and removal of accumulated grease. Compliance shall be
established as follows:
a. Newly constructed FSEs, and FSEs that open a new business within an existing
building, shall install grease control devices prior to commencing discharges of
wastewater to the sewer system. This includes FSEs that are remodeling the site
as well as those that are not remodeling the site.
b. Existing FSEs shall be required to install and operate a grease control device within
6 months of notification by the City, or at the discretion of the City Engineer, if in the
determination of the FOG program manager any of the following apply:
i. The existing FSE has caused or contributed to the buildup of FOG, or a FOG -
related blockage, in the sewer system including private laterals, and has
reasonable potential to adversely impact the sewer system.
ii. The existing FSE has a sewer lateral connected to a hot spot, and has
reasonable potential to adversely impact the sewer system.
Hi. The existing FSE has made any change in food preparation or business
operations that is different than the original business application and those
changes will lead to an increase in grease disposal, which have reasonable
potential to adversely impact the sewer system.
iv. The existing FSE undergoes remodeling, as defined in Section 14.24.040.A.a.
v. The existing FSE undergoes a change in ownership.
vi. The existing FSE has reasonable potential to adversely impact the sewer
system.
B. Private lateral maintenance. All FSEs are required to clean the sewer lateral from the
facility to the sewer main at least annually, or more often as needed to ensure proper flow
within the sewer lateral.
C. Maintenance Records. A record of sewer lateral cleaning must be maintained and kept on
file for review at the food service facility. FSEs with a grease control device shall keep
records of cleaning, maintenance and grease removal. All such records must be retained
on site by the facility for a minimum of two years. A separate maintenance log shall be
maintained for each grease control device.
D. Inspection. Each FSE shall allow authorized City officials or enforcement officers, or an
authorized representative, access to the premises during normal business hours and at
reasonable times, for purposes of sampling, inspections and review of records relating to
grease disposal.
a. When offered by the City, inspections may be completed through a self -verification
process. Failure to respond to a self -verification request or provide the necessary
documentation will result in an onsite inspection by authorized City officials or
enforcement officers, or an authorized representative.
14.24.050 FOG prohibitions.
The following prohibitions shall apply to all FSEs:
A. Installation of food grinders in the plumbing system of new construction or remodeling of
FSEs shall be prohibited.
B. Introduction of any additives into a FSE's wastewater system for the purpose of
emulsifying FOG or biologically/chemically treating FOG for grease remediation or as a
supplement to grease control device maintenance is prohibited, unless a specific written
authorization from the City of National City and the City of San Diego is obtained.
C. Disposal of waste cooking oil into drainage pipes is prohibited. All waste cooking oils shall
be collected and stored properly in receptacles such as barrels or drums for recycling or
other acceptable methods of disposal.
D. Discharge of wastewater from dishwashers to any grease control device is prohibited.
E. Discharge of wastewater with temperatures in excess of 140 degrees Fahrenheit to any
grease control device, including grease traps and grease interceptors, is prohibited.
F. Discharge of any waste, including FOG and solid materials removed from the grease
control device to the sewer system, is prohibited.
14.24.060 Variance and waiver of grease control device requirement.
A. Variance from Grease Interceptor Requirements. An existing FSE may obtain a variance
from the grease interceptor requirement to allow alternative pretreatment technology that
is, at least, equally effective in controlling the FOG discharge in lieu of a grease interceptor,
if the FSE demonstrates that it is impossible or impracticable to install, operate or maintain
a grease interceptor. The City's determination to grant a variance will be based upon, but
not limited to, evaluation of the following conditions:
a. There is no adequate space for installation and/or maintenance of a grease
interceptor.
b. There is no adequate slope for gravity flow between the kitchen plumbing fixtures
and the grease interceptor and/or between the grease interceptor and the private
collection lines or the public sewer.
c. The FSE can justify that the alternative pretreatment technology is equivalent or
better than a grease interceptor in controlling its FOG discharge. In addition, the FSE
must be able to demonstrate, after installation of the proposed alternative
pretreatment, its effectiveness to control FOG discharge through downstream visual
monitoring of the sewer system, for at least three months, at its own expense. A
variance may be granted if the results show no visible accumulation of FOG in its
lateral and/or tributary downstream sewer lines.
B. Conditional Waiver from Installation of Grease Interceptor. An existing FSE may obtain a
conditional waiver from installation of a grease interceptor, if the FSE demonstrates that it
has negligible FOG discharge and insignificant impact to the sewer system. Although a
waiver from installation of a grease interceptor may be granted, the FSE may be required
to provide space and plumbing segregation for future installation of a grease interceptor.
The City's determination to grant or revoke a conditional waiver shall be based upon, but
not limited to, evaluation of the following conditions:
a. Quantity of FOG discharge as measure or as indicated by the size of FSE based on
seating capacity, number of meals served, menu, water usage, amount of on -site
consumption of prepared food, and other conditions that may reasonably be shown
to contribute to FOG discharges.
b. Adequacy of implementation of best management practices and compliance history.
c. Sewer size, grade, condition based on visual information, FOG disposition in the
sewer by the FSE, and history of maintenance and sewer spills in the receiving
sewer system.
d. Changes in operations that significantly affect FOG discharge.
e. Any other condition deemed reasonably related to the generation of FOG discharges
by the City.
C. Waiver from Grease Interceptor Installation with a Grease Disposal Mitigation Fee. For
FSEs where the installation of a 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. Additional
requirements may be imposed to mitigate the discharge of FOG into the sewer system.
D. Any FSE may request a conditional waiver or variance from the FOG program manager,
in order to avoid compliance with the grease control device installation requirement. The
FSE bears the burden of demonstrating, to the program manager's satisfaction, that the
installation of a grease control device is either not feasible or not applicable. If a grease
control device is determined to not be feasible, the applicant must demonstrate how
acceptable alternatives will be sufficient to prevent FOG discharges to the sewer system
from the FSE. If a grease control device is not necessary, the applicant must demonstrate
that it has negligible FOG discharge and insignificant impact to the sewer system. The
FSE will be given notice in writing that a conditional waiver or variance from the grease
control device requirement has been approved.
E. Terms and Conditions. The program manager may impose terms and conditions on the
issuance of a waiver and may impose conditions on the FSE's business license in
accordance with an approved waiver. A conditional waiver may be suspended or revoked
at any time when any of the terms and conditions for its issuance is not satisfied or if the
conditions upon which the conditional waiver was based change so that the justification
for the exception no longer exists. The conditional waiver shall be valid only so long as
the FSE remains in compliance with all requirements.
14.24.070 Commercial properties.
Property owners of commercial properties or their official designee(s) shall be responsible for the
installation and maintenance of the grease control device serving multiple FSEs that are located
on a single parcel.
Property owners of commercial properties or their official designee(s) shall be responsible for the
maintenance of the sewer lateral serving multiple FSEs that are located on a single parcel.
14.24.080 Sewer System Overflows, Abatement Orders and Cleanup Costs.
Private sewer lateral failures and SSOs caused by FSEs, alone or collectively, are the
responsibility of the private property owner and FSE. If, either at the request of a FSE or to abate
an immediate threat to the public health, safety, welfare, or property, the City acts to contain
and/or clean up an SSO or the blockage of a sewer lateral or the sewer system caused by a FSE,
the City's costs for such abatement shall be entirely borne by the property owner of the FSE, or
the discharger, and shall constitute a debt to the City and become due and payable upon the
City's request for reimbursement of such costs.
Any person who discharges any waste and/or wastewater which causes or contributes to any
sewer blockage, SSO, obstruction, interference, damage, or any other impairment to the City's
sewer facilities or to the operation of those facilities shall be liable for all costs incurred to clean
or repair the facilities together with expenses incurred by the City to resume normal operations.
Any person who discharges waste and/or wastewater to the sewer system which causes or
contributes to the City violating discharge requirements established by any Regulatory Agency
shall be liable for any costs or expenses incurred by the City as a result, including but not limited
to regulatory fines, penalties, and assessments made by other agencies or a court.
14.24.090 Requirements for best management practices.
All FSEs shall implement best management practices in accordance with the requirements and
guidelines established by the City under its Sewer System Management Plan (SSMP).
14.24.100 Grease control device maintenance requirements.
All FSEs shall implement grease control device maintenance in accordance with the requirements
and guidelines established by the City under its Sewer System Management Plan (SSMP).
14.24.110 Enforcement.
A. The City Engineer, who is assigned to duties that include the enforcement of FOG
Discharge Control regulations and laws, is responsible for enforcing the provisions of this
chapter.
B. The City Engineer shall have responsibility for enforcing all provisions of this chapter.
Violation of any provision of this ordinance shall constitute grounds for issuing a Notice of
Violation and assessing a fine by a City's Enforcement Official or representative.
Enforcement Actions under this ordinance are the issuance of an administrative citation
and assessment of a fine according to Section 1.20.010. However, nothing herein
provided shall prevent the City Engineer from efforts to obtain voluntary compliance by
way of warning, a notice of violation or educational means.
Section 3: This Ordinance shall take effect and be in force thirty (30) days from the date of its
passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it,
shall be published once, with the names of the members of the City Council voting for and against
the same in the Star News, a newspaper of general circulation published in the County of San
Diego, California.
Section 4: That the City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National City,
California, held on the 16th day of April, 2024.
PASSED and ADOPTED this 7th day of _:;r• , , 2024.
Morrison, Mayor
ATTEST:
Shelley, apel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. S Itz, City Attorney
Passed and adopted by the Council of the City of National City, California, on May 7,
2024 by the following vote, to -wit:
Ayes: Bush, Molina, Rodriguez, Yamane, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
By:
I HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on April 16, 2024 and on May 7, 2024.
FURTHER CERTIFY THAT said Ordinance was read in full prior to its final passage or
that the reading of said Ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2024-2531 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 7, 2024.
By:
Shelley Chapel
City Clerk of the
City of National City, California
041
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