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HomeMy WebLinkAbout91-5 - Adding Chapter 14.30 of the Newport Beach Municipal Code Pertaining to Food Establishment Grease Disposal• • NO. 91- 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FOOD ESTABLISHMENT GREASE DISPOSAL. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Chapter 14.30 of the Newport Beach Municipal Code is adopted to read: Sections: 14.30.010 14.30.020 14.30.030 14.30.040 14.30.050 14.30.060 14.30.070 14.30.080 14.30.085 14.30.090 14.30.100 SECTION 14.30.010 CHAPTER 14.30 GREASE DISPOSAL Intent and Purpose. Definitions. Waste Disposal- Permit Required. Permit Conditions. Permit Application. Term. Use and Maintenance Requirements. Maintenance Reports. violations. Penalty for Violation. Notice and Hearing Procedures. Intent and Purpose. It is the intent of this Chapter to establish a permit procedure for the maintenance of interceptors for grease and other insoluble waste discharge from restaurants and other food preparation establishments within the City. The City Council, in enacting the ordinance codified in this Chapter, intends to provide a fair and effective means to provide for the maximum beneficial public use of the City's wastewater collection system. This may be accomplished by regulation of the discharge of grease and other insoluble waste products to prevent blockages of the City wastewater system, to avoid inefficient use of City resources and to promote public health and safety. SECTION 14.30.020. Definitions. A. "Food establishment" shall mean any person doing business within the City of Newport Beach as a restaurant, specialty food or other facility engaged in preparing and processing food for consumption by the public. 1 B. "Grease" shall mean any oil, fat or oily fatty substance such as vegetable or animal fat that turns or may turn viscous or solidifies. C. "Grease interceptor" shall mean an interceptor of at least 750 - gallon capacity to serve one or more fixtures and which •is remotely located, as required by the Uniform Plumbing Code and by the Building Director. D. "Grease trap" shall mean a device to retain grease from one to a maximum of four fixtures. E. "Person" shall mean any individual, firm, corporation, partnership, association or other group or combination of individuals acting as a business unit. F. "Wastewater" shall mean water containing animal or vegetable matter and water, whether treated or untreated, discharged into or permitted to enter a public sewer. SECTION 14.30.030. Waste Disposal - Permit Required. Food establishments engaged in preparing food for consumption •by the public desiring to discharge grease, or wastewater which might include grease, into a public sewer shall obtain a permit to discharge from the Building Director known as a Food Establishment Grease Interceptor Permit. The Food Establishment Grease Interceptor Permit shall be subject to all provisions of this ordinance and all other regulations, user charges, and fees which may be established from time to time by resolution of the City Council. SECTION 14.30.040. Permit Conditions. The permit may require pre- treatment of wastewater before discharge, discharge of certain wastewater only to specified sewers of the City, relocation of point of discharge, prohibition of discharge of certain wastewater components, restriction of • discharge during certain hours of the day, Payment of additional charges to defray increased costs of the City relating to the discharge of grease and such other conditions as may be required to effectuate the purpose of this ordinance. No person shall discharge grease in excess of any quantity or quality limitations 3 or in violation of conditions set by the permit. SECTION 14.30.050. Permit Application. A. Persons seeking a Food Establishment Grease Interceptor Permit shall complete and file with the Building Director, an application on the form prescribed by the Building Director, and •accompanied by the applicable fees. The applicant shall be required to submit the following information: (1) The name and address of applicant; (2) The volume and type of wastewater to be discharged; (3) The time of daily food preparation and cleaning operations; (4) Description of food preparation, type, number of meals served, cleanup procedures, dining room capacity, number of employees and size of kitchen; (5) List kitchen appliances and fixtures to be used; (6) Any other information as may be deemed by the • Utilities and Building Departments to be necessary to evaluate the permit application; (7) In lieu of (1) through (6) above, the applicant may show appropriate permits or documentation from the City Building Department which confirm that an appropriate grease interceptor has been installed in the food establishment in accordance with the applicable Uniform Building and Plumbing Codes. After evaluation and acceptance of the data furnished, an on site inspection of the waste discharge system, treatment systems or other systems relating to waste discharge may be required. The Building Director may then issue a permit subject to the terms and conditions provided in this Chapter and this Code. • SECTION 14.30.060. Term. The permit shall be issued for a two (2) year period. The terms and conditions of the permit may be subject to modification and change by the City during the life of the permit as limitations or requirements as identified in Section 14.30.050 are modified and 3 changed. The permittee shall be informed of any proposed changes in the frequency of the cleaning required by the permit at least thirty (30) days prior to the effective date of the change. Any changes or new conditions in the permit shall include a reasonable time schedule for compliance. • SECTION 14.30.070. Use and Maintenance Requirements. A. The Food Establishment Grease Interceptor Permit shall be issued only for the permittee's specific use and operation. Any sale, lease, transfer or assignment'of the premises or operation, shall require the issuance of a new permit. Any substantial or new or changed conditions of operation shall require a new permit to be issued. B. All permittees shall be required to show proof of installation of a grease interceptor. Grease interceptors shall be installed to remove grease from wastewater and shall be maintained in efficient operating condition by periodic removal of the accumulated grease. The permittee shall be responsible for the •proper removal and disposal by appropriate means of the captured material. No such accumulated grease shall be introduced into any sewer lateral or public sewer. C. Each permittee shall be required to employ appropriate service or procedures for periodic collection of accumulated grease from the grease interceptor for the purposes of physically segregating and disposing of oils, greases and greasy solids. The collection period shall be as determined appropriate by the Utilities Director, but in all cases, at least three (3) month intervals. SECTION 14.30.080. Maintenance Reports. A. The permittee shall be required to keep records of grease interceptor device cleaning, maintenance, and grease removal and • report on such cleaning, maintenance and removal to the City Utilities Department in accordance with the conditions imposed by the permit. B. Permittee shall allow City representatives ready access, during normal business hours, to the premises for purposes of 4 sampling and inspections relating to the permit. City may enter the premises at any time to respond to an emergency related to grease collection facilities. SECTION 14.30.085. Violations. A. Any permittee who is found to be in violation of this • Chapter or who: (1) Fails to install grease interceptor devices as required by permit; (2) Fails to fulfill reporting, maintenance and cleaning requirements as required by permit and this Chapter; (3) Refuses reasonable access to the permittee's premises for the purpose of inspecting or monitoring; shall be assessed penalties provided in Section 14.30.090 of this Chapter. The Utilities Director shall issue a quarterly report listing violations. B. Any willful failure to comply with a provision of this Chapter shall constitute a violation, regardless of whether the failure to comply is caused by the permittee or an employee or • agent of the permittee. C. Where the failure to comply is continuing and intentional, each successive failure to comply shall be a separate and distinct violation. SECTION 14.30.090. Penalty for Violation. A. Public Nuisance. Discharge of grease in any manner in violation of this ordinance or of any order or permit issued by the Building Director as authorized by this ordinance is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager or his designated representative. B. Costs of Damage. Any person violating any of the provisions of this ordinance or who discharges grease in violation • of any conditions of the permit, and the discharge of grease results in blockage or obstruction of City public sewers, damage to public or private property, or any other impairment of the operation of the City's facilities, shall, in addition to any other penalties provided by this Chapter, become liable to and shall 5 indemnify the City for all expenses, loss, or damage, including, but not limited to, costs to repair damage or clear blockages and payment for private property damage by reason of such violation or discharge. C. Falsifying of Information. Any person who knowingly makes •any false statements, representation, record, report, plan or other document filed with the Building Department or Utilities Department, or who falsifies, tampers with, or knowingly renders inaccurate any grease interceptor or method required under this ordinance, shall be guilty of a misdemeanor. D. Suspending Service. When deemed necessary by the City Manager for the preservation of public health or safety, or for the protection of public or private property, sewer service to any person or persons using the wastewater system in a manner or way to endanger the public health or safety, or public or private property, may be suspended. In suspending service, he may sever all pertinent connections to the public sewer. If such •endangerment shall be imminent, then the City Manager, or his authorized representative, may act immediately to suspend sewer service without notice or warning to said person or persons. E. Penalties and Charges. The following penalties shall apply to any violation of any provision of this Chapter: (1) For the first violation within the preceding twelve (12) calendar months, the Utilities Director shall issue a written notice of the fact of such violation; (2) For a second violation within the preceding twelve (12) calendar months, the Utilities Director shall impose a penalty against the permit holder for the property where the violation occurred or is occurring, in an amount of two hundred dollars ($200.00); • (3) For a third violation within the preceding twelve (12) calendar months, the Utilities Director shall impose a penalty against the permit holder for the property where the violation occurred or is occurring, in an amount of two hundred fifty dollars ($250.00); R (4) For a fourth and any subsequent violation within the preceding twelve (12) calendar months, the Utilities Director shall impose a penalty against the account holder for the property where the violation occurred or is occurring, in an amount not to exceed five • hundred dollars ($500.00). SECTION 14.30.100. Notice and Hearing Procedures. A. Any person found to be violating any provision of this ordinance shall be served by the City with written notice stating the nature of the violation, and providing a reasonable time limit for the correction of the violation. If the violation is not corrected by timely compliance, a written notice shall be served on the person specifying the violation, the reason the action is to be taken and the proposed enforcement action. The Utilities Director may propose any enforcement action authorized by this Chapter reasonably necessary to abate the violation. The City Manager, or his designee, shall order the person to show cause, before an •appointed hearing officer, why the enforcement action should not be taken. Based upon the evidence presented at the hearing, the City Manager, or the appointed hearing officer, shall determine the appropriate enforcement action which should be taken, if any. The decision of the hearing officer shall be final. B. Unless otherwise provided herein, any notice required under this ordinance shall be in writing and served in person or by registered or certified mail. If served by mail, the notice shall be sent to the last known address. Where the address is unknown, service may be made upon the owner of record of the property involved. C. Notice shall be deemed to have been given at the time of deposit, postage prepaid, in a facility regularly serviced by the • United States Postal Service. SECTION 2: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The 7 • • City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the .25th day of February , 1991, and adopted on the 11th day of March , 1991, by the following vote, to -wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUNMR NOES, COUNCILMEMBERS NONE ATTEST: CITY CLERK ABSENT COUNCILMEMBERS NONE 10