Chapter 6.32


6.32.010    Findings – Hearing.

6.32.020    Purpose of provisions.

6.32.030    Conflicts with Uniform Plumbing Code.

6.32.040    Definitions.

6.32.050    Grease control devices – Required.

6.32.060    Certificate of occupancy.

6.32.070    Food grinders prohibited.

6.32.080    Exceptions.

6.32.090    Grease control devices – Design and maintenance requirements.

6.32.100    Grease control devices – Maintenance.

6.32.110    Grease control devices – Required connections.

6.32.120    Grease control devices – Prohibited connections or additives.

6.32.130    Grease control devices – Plan submittal.

6.32.140    Best management practices.

6.32.150    City’s right of inspection.

6.32.160    Civil action.

6.32.170    Additional remedies.

6.32.180    Fees and charges – Authority.

6.32.010 Findings – Hearing.

On August 17, 2004, the city council conducted a duly noticed public hearing to adopt a grease trap/interceptor municipal ordinance for commercial kitchen grease disposal. (Ord. 328, 2004)

6.32.020 Purpose of provisions.

It is the purpose and intent of the city council to establish regulations for the disposal of grease and other insoluble waste discharges from food service establishments within the city to prevent blockages of the city’s sewer system and accidental discharge of wastewater into the storm drain system or the Pacific Ocean to clarify grease disposal requirements for existing food service establishments, and to promote public health and safety. (Ord. 328, 2004)

6.32.030 Conflicts with Uniform Plumbing Code.

In the event of any conflict or inconsistency between the provisions of this chapter and the provisions of the Uniform Plumbing Code, the provisions of this chapter shall govern. (Ord. 328, 2004)

6.32.040 Definitions.

The definitions used in this chapter are defined as follows:

A. “Administrative authority” shall mean the public works director, the building official or any other official(s) as designated by the city manager.

B. “Authorized inspector” shall mean an inspector so designated by the administrative authority.

C. “Director” shall mean the public works director or other official as designated by the city manager.

D. “Food grinder” shall mean any device installed for the purpose of disposing food waste in the public sewer system.

E. “Food service establishment” shall mean any food preparation establishment, restaurant, cafeteria, coffee shop, or any other establishment preparing food for consumption. Domestic homes are not considered food service establishments under this definition.

F. “Grease” shall mean grease, or fatty or oily substances and other insoluble waste that turns or may turn viscous or solidifies with a change in temperature or other conditions.

G. “Grease interceptor” shall mean an underground multi-compartment device installed outside a food service establishment of a size and design in compliance with the Uniform Plumbing Code and approved by the city.

H. “Grease removal facility” shall mean any grease interceptor, trap, drain, screen, or similar device that is designed or installed to reduce the amount of grease entering the wastewater system.

I. “Change in operations” means any modification in the operational procedures of a food service establishment which has the potential to significantly increase the amount of grease generated by food preparation including, without limitation, any substantial increase in the net public area, any substantial increase in the hours of operation, any significant increase in the size of the kitchen or the number of food service or food preparation employees, or any significant change in the size or type of food preparation equipment.

J. “Food service establishment” means any business operating in the city of Solana Beach as a full service or take-out restaurant, catering kitchen, employee cafeteria, or any other facility engaged in preparing and heat-processing food for consumption by the public or employees and which uses any equipment that produces grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood. Establishments engaged only in assembling or serving food that is prepared entirely off site, and whose kitchen equipment consists only of beverage warmers and microwaves are not considered commercial kitchens.

K. “Grease control device” means any grease interceptor, grease trap or other mechanism which attaches to wastewater plumbing fixtures for the purpose of collecting grease for off-site disposal.

L. “Remodeling” means any physical change to a commercial kitchen that requires a building permit and involves under-slab plumbing work in a food processing area.

M. “Wastewater” means water containing animal or vegetable matter and water, whether treated or untreated, discharged into or permitted to enter a public sewer. (Ord. 328, 2004)

6.32.050 Grease control devices – Required.

Grease control devices shall be required prior to commencing business for all new food service establishments and all existing establishments by January 1, 2006, as determined by the director to generate grease in quantities greater than that commonly found in domestic sewage. (Ord. 328, 2004)

6.32.060 Certificate of occupancy.

The building director shall not issue a certificate of occupancy for a food service establishment which is required to have a grease control device until such device has been installed and inspected and approved by the building department. (Ord. 328, 2004)

6.32.070 Food grinders prohibited.

Food grinders shall be prohibited as follows:

Food grinders shall be removed from all existing food service establishments by January 1, 2006. (Ord. 328, 2004)

6.32.080 Exceptions.

Certain exceptions may be granted by administrative authority approval as follows:

A. Food preparation and service establishments that would become commercial kitchens upon completion of remodeling or a change in operations may obtain a grease disposal exception in lieu of installing a grease control device upon a determination by the building director; or

B. There are physical limitations to a property that make the installation of a grease control device infeasible; or

C. The administrative authority reviews a review of the appeal filed by a business and determines that a grease control device is not required. (Ord. 328, 2004)

6.32.090 Grease control devices – Design and maintenance requirements.

The city has established grease control device design and maintenance requirements which include:

A. General Provisions.

1. The installation of a proper grease control device shall be the responsibility of the business owner whose operations cause or contribute to the necessity for an interceptor.

2. Grease control devices shall be installed, utilized, and properly maintained for continuous and efficient operation at all times and at the expense of the user.

3. The type, capacity and construction of all grease control devices should be consistent with what is stated in the Uniform Plumbing Code.

4. A common grease interceptor shared by multiple businesses can be utilized if specifically authorized by the director and upon evidence of legal operating and maintenance agreements between the involved property owners.

5. Grease control devices no longer in use shall be abandoned in accordance with the Uniform Plumbing Code.

B. Design.

1. Grease control devices for food service establishments shall be sized and designed in compliance with the Uniform Plumbing Code, unless otherwise specified herein.

2. Other factors that may influence the design include, but shall not be limited to, the following:

a. The type of facility (such as a restaurant, bakery, food processing factory, etc.);

b. The volume of the user’s business or operation (such as number of meals served, number of seats, hours of operation, etc.);

c. The peak flow of process wastewater discharged to the collection system;

d. Size and nature of facilities (including kitchen facilities) based on size, type, number of fixtures, and type of processing or cooking equipment used;

e. The type of service provided or operation undertaken (such as dine-in meal service versus carry-out meal service);

f. The type of foods or other materials used in cooking, processing or manufacturing operations conducted within the facility;

g. The overall potential for grease-laden discharges;

h. The existence of devices, procedures or processes designed to minimize the amount of fats, oil or grease from entering the collection system;

i. The location of the facility, if it is located in a known problem area;

j. Any prior problems with the facility, such as blockages, violations, etc.

3. All grease control devices shall be certified by the International Association of Plumbing and Mechanical Officers, or another listing agency approved by the director, and be plumbed according to the Uniform Plumbing Code.

4. All grease control devices shall include an effluent sample box of a type and size approved by the administrative authority.

5. Inspection by the administrative authority, or an authorized inspector, of installed grease control devices and piping prior to backfilling is required. Piping shall meet the requirements of the Uniform Plumbing Code.

6. Interceptors shall have a sanitary tee located inside the sample box on the discharge side of the sample box.

7. Interceptors shall have a cleanout installed after the sample box on the private lateral and at intervals required by the Uniform Plumbing Code.

8. All manholes and sample boxes are to be installed a minimum of one-half inch above the finished grade with a concrete collar a minimum of 18 inches around the manhole and sample box lids. (Ord. 328, 2004)

6.32.100 Grease control devices – Maintenance.

The city shall require grease control device maintenance to include the following:

A. Any user who is required by the director or the ordinance codified in this chapter to install or operate a grease control device shall be required to adequately maintain the grease control device at the user’s expense, so that the grease control device is in proper working order at all times. Maintenance shall include the complete removal of all contents, including floating materials, wastewater, sludge and solids. Decanting or discharging of removed waste back into the grease control device from which the waste was removed or into any other grease control device, for the purpose of reducing the volume to be hauled is prohibited. The collection period shall be established by the owner/operator to ensure proper grease removal device functionality, but in no case more than three-month intervals. At no time shall grease accumulate to greater than 25 percent of the total capacity of the grease control device. No accumulated grease shall be introduced into any sewer lateral, public sewer, storm drain, or public way.

B. Grease control devices shall be cleaned out completely by a permitted waste hauler as necessary to assure that the grease control device will operate as designed at all times or as otherwise specified by the administrative authority.

C. The use of additives, directly or indirectly to the plumbing or sewer system, to emulsify grease and/or oil is specifically prohibited.

D. The use of biological additives as a supplement to grease control device maintenance, including the addition of micro-organisms, may be authorized by the director and approval shall be obtained in writing prior to the use of such additives.

E. A maintenance log indicating each pumping of a grease control device for the previous 12 months and any other pertinent information shall be maintained by each establishment. This log shall include, but not be limited to, date, time, amount pumped, hauler, and disposal site, and the log shall be kept in a conspicuous location for inspection by the administrative authority or an authorized inspector during normal business hours.

F. All users must sign a waste manifest form before having a waste load transported by a permitted hauler. The user shall also keep copies of the manifest form for a period of at least three years, and make all manifest records available for inspection by the administrative authority during normal business hours.

G. All waste removed from a grease control device must be disposed at a facility permitted by the county of San Diego or applicable regulatory agencies to receive such waste. The material shall not be returned to the public sewer system or manhole, any private wastewater system or storm drains.

H. All grease control devices shall be located as to be readily and easily accessible for cleaning, inspection and removal of intercepted waste.

I. Any fixture connected to a grease interceptor shall have a nonremovable, secured food strainer of such integrity to withstand daily operational usage. (Ord. 328, 2004)

6.32.110 Grease control devices – Required connections.

Required connections to grease control devices shall include:

All three-compartment sinks, scullery (preparation) sinks, floor drains, mop sinks along a cook line, prewash sinks at dishwashing stations, and all other fixtures that contribute grease into the wastewater system shall be connected to a grease control device unless otherwise specified by the administrative authority. (Ord. 328, 2004)

6.32.120 Grease control devices – Prohibited connections or additives.

Prohibited connections or additives to grease control devices include:

A. Final rinse discharge from automatic dishwashers shall not be connected to the grease control device.

B. The use of any additive, such as enzymes, surfactants or chemicals, shall not be connected to any type of grease control device. Chemical additives, such as chlorinated solvents, or any other additives that cause the emulsification of grease, are strictly prohibited from use in any type of grease control device. (Ord. 328, 2004)

6.32.130 Grease control devices – Plan submittal.

Applicants or users shall be required to submit copies of detailed facility proposed grease trap/interceptors, pretreatment facilities, spill containment facilities, and operating procedures with the original plans to the planning department which shall be reviewed to include the following:

A. Facility plans shall also include site plans, floor plans, mechanical and plumbing plans, and details to show all wastewater plumbing, spill containment, and appurtenances by size, location, and elevation. The review of the plans and procedures shall in no way relieve the user of the responsibility of modifying the facilities or discharge, and to meet the requirements of this chapter or any requirements of other regulatory agencies.

B. All submitted drawings shall be prepared by a licensed and registered professional engineer. Any false information or misleading calculations submitted shall be the responsibility of the user.

C. The design, location and procedures for operation and maintenance of a required grease control device shall be approved by the administrative authority. Such approval shall be obtained prior to the user’s connection of the facility to the public wastewater system.

D. No food service establishment or other identified user shall be constructed except according to plans and specifications approved by the administrative authority.

E. Approved plans and specifications shall not be changed or altered without written approval by the administrative authority. (Ord. 328, 2004)

6.32.140 Best management practices.

Best management practices shall be utilized including:

A. Drain screens shall be installed on all drainage pipes in food preparation areas for existing food service establishments by January 1, 2006.

B. Waste Cooking Oil.

1. All waste cooking oil shall be collected and stored properly in recycling barrels or drums.

2. Such recycling barrels or drums shall be maintained appropriately to ensure they do not leak.

3. Licensed haulers or an approved recycling facility must be used to dispose of waste cooking oil.

C. Food Waste. All food waste shall be placed in enclosed plastic bags and disposed of directly into the trash or garbage, and not in sinks.

D. Employee Training.

1. Employees of the food service establishment shall be trained by January 1, 2006, and twice each calendar year thereafter, on the following subjects:

a. How to “dry wipe” pots, pans, dishware and work areas before washing to remove grease;

b. How to properly dispose of food waste and solids in enclosed plastic bags prior to disposal in trash bins or containers to prevent leaking and odors;

c. The location and use of absorption products to clean under fryer baskets and other locations where grease may be spilled or dripped;

d. How to properly dispose of grease or oils from cooking equipment into a grease barrel or drum without spilling.

2. Training shall be documented and employee signatures retained indicating each employee’s attendance and understanding of the practices.

3. Training records shall be available for review at any reasonable time by the authorized inspector.

E. Kitchen exhaust filters shall be cleaned as frequently as necessary to be maintained in good operating condition, but in no event less than one time per month.

F. All best management practices shall be posted conspicuously in the food preparation and dishwashing areas at all times. (Ord. 328, 2004)

6.32.150 City’s right of inspection.

The city reserves the right of inspection to include:

A. Authority to Inspect.

1. During normal and reasonable hours of operation, any designated representative of the enforcement agency shall have the authority to make an inspection to enforce the provisions of this chapter, and to ascertain whether the purposes of this chapter are being met. An inspection may be made after the designated representative of the enforcement agency has presented proper credentials and the owner and/or occupant authorizes entry. If the enforcement agency representative is unable to locate the owner or other persons having charge or control of the premises, or the owner and/or occupant refuses the request for entry, the enforcement agency is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining entry.

2. During the inspection, the inspector shall comply with all reasonable security, safety and sanitation measures. In addition, the inspector shall comply with reasonable precautionary measures specified by the facility operator. A report listing any violation found during the inspection shall be prepared by the inspector and shall be kept on file in the enforcement agency. A copy of the report shall be provided to the facility operator. If corrections are needed, the facility operator shall implement a plan of corrective action based on a written plan of correction, submitted to the enforcement agency, which states the actions to be taken and the expected dates of completion. Failure to implement the plan of correction constitutes a violation of this chapter.

B. Authority to Sample and Establish Sampling Devices. The city of Solana Beach has the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site. The city of Solana Beach shall be responsible for compliance with all applicable safety and health regulations when conducting sampling and metering activities, and shall assume all liability for any injury or harm to an inspector that results from the inspector’s noncompliance with said safety and health regulations.

C. Notification of Spills. As soon as any person who is responsible for emergency response for, or in charge of, a premises or facility has knowledge of any confirmed or unconfirmed significant release of materials, pollutants or waste which may result in pollutants or nonstorm water discharges entering the city of Solana Beach sewer system, such person shall take all necessary steps to ensure the containment and minimize the damages of such release, provided that such steps do not violate applicable health and safety regulations and/or facility hazardous materials handling procedures and policies. Such person shall notify the city of Solana Beach department of environmental health services’ hazardous materials management division, and any other appropriate agency, within 24 hours of the occurrence of any incident or spill.

D. Violations Constituting Misdemeanors or Infractions. The violation of any provision of this chapter or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor, except, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the enforcing authority, be charged and prosecuted as an infraction.

E. Penalties for Violation.

1. Civil Penalties. Any person who violates any of the provisions of this chapter shall be liable for a civil penalty not to exceed $1,000 for each day such a violation exists, and all pollution detection and mitigation costs (if applicable).

2. Criminal Penalties. Any person who knowingly or intentionally violates any provision of this chapter shall be subject to liability for a misdemeanor, punishable by imprisonment for a period not to exceed one year, or a fine not to exceed $10,000 for each day such a violation exists, or both.

3. Continuing Violation. Unless otherwise provided, a person, firm, corporation or organization shall be deemed to have committed a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person, firm, corporation or organization and shall be punishable accordingly as herein provided.

F. Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

G. Acts Potentially Resulting in Violation of Federal Clean Water Act and/or Porter-Cologne Act. Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts including civil and criminal liability. Any enforcement action authorized under this chapter should also include notice to the violator of such potential liability.

H. Violations deemed a public nuisance including:

1. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare and is declared and deemed a public nuisance to public health, and such nuisance may be summarily abated and/or restored by any authorized enforcement official. Civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the city attorney.

2. The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be a lien upon and against the property and such lien shall continue in existence until the same shall be paid. If the lien is not satisfied by the owner of the property within three months after the completion by the authorized enforcement official of the removal of the nuisance and the restoration of the property to its original condition, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.

3. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the city of Solana Beach shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing. (Ord. 328, 2004)

6.32.160 Civil action.

In addition to any other remedies provided in this section, any violation of this chapter may be enforced by civil action brought by the city of Solana Beach. In any such action, the city of Solana Beach may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. Injunctive relief;

B. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;

C. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation;

D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the city of Solana Beach to be used for costs associated with monitoring and establishing storm water discharge pollution control systems and/or implementing or enforcing the provisions of this chapter. (Ord. 328, 2004)

6.32.170 Additional remedies.

The city council of the city of Solana Beach ordains that, in addition to the other enforcement powers and remedies established by this chapter, any authorized enforcement official has the authority to utilize the following administrative remedies:

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge or practice or operation likely to cause such discharge and direct that those persons not complying shall:

1. Comply with the requirement;

2. Comply with a time schedule for compliance; or

3. Take appropriate remedial or preventative action to prevent the violation from recurring.

B. Notice and Order to Clean. Whenever an authorized enforcement official finds any grease, oil, fats, sand, wax, or any other material of any kind in the city’s sewer system which can be traced back to the responsible party, he or she may issue orders and give notice to remove the material in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.

C. Authority to Arrest or Issue Citations. The enforcement agency, or each agent or deputy thereof who is assigned to duties which include the enforcement of this chapter, may enlist the assistance of a peace officer, who is hereby vested with the power to arrest any person who violates any section of this code in the manner provided by the California Penal Code for the arrest of infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code (or as the same may be hereinafter amended).

D. The enforcement agency, or designee thereof, may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, including Section 853.6 (or as the same may hereafter be amended). It is the intent of the city of Solana Beach that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter. Bail infractions are set forth in the Solana Beach Municipal Code.

E. Remedies Not Exclusive. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 328, 2004)

6.32.180 Fees and charges – Authority.

Fees and charges shall be imposed for the cost of administering the regulatory program established by this chapter and may be included as a component of any building permit fee or development project permit fee levied by the city, or may be recovered as a separate fee or charge pursuant to Health and Safety Code Section 5471. The amount of the fee or charge shall be established by city council regulations. (Ord. 328, 2004)