HomeMy WebLinkAbout16 - Response to the Orange County Grand Jury Report Entitled "Sewage Spills, Beach Closures - Trouble in Paradise?"ITEM 16
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Response to the Orange County Grand Jury Report entitled "Sewage
Spills, Beach Closures - Trouble in Paradise ?"
RECOMMENDED (1) Approve the attached response from the City of Newport Beach to the Orange
ACTIONS: County Grand Jury's April 25, 2001 report entitled "Sewage Spills, Beach
Closures - Trouble in Paradise ?"
(2) Direct Assistant City Manager Kiff to return within 120 days with a report
and recommendations on how to better protect the sewer system and the Bay
from grease blockages resulting from all commercial kitchen operations in the
city.
BACKGROUND: State Law authorizes grand juries to examine matters pertaining to county and
other local governments. Grand juries typically propose a series of topical issues
to examine over their year term and then conduct extensive study and interviews
to come to certain conclusions about each issue. At the conclusion of the review,
the grand jury members write a report with findings and recommendations. The
grand jury submits the reports to the presiding judge of the Superior Court with
a formal release date. Not later than 90 days following the release date, local
governments mentioned in the Report must submit "responses to (the) findings"
and recommendations made by the grand jury (Penal Code §933 and §933.05).
On April 25, 2001, the Orange County Grand Jury released a report entitled,
"Sewage Spills, Beach Closures - Trouble in Paradise ?" The majority of the Report
(included here as Attachment A) focused on how grease blocks sewer lines (to
learn more about sewers in Newport, see Attachment D), resulting sometimes in
spills that lead to beach and water closures. Assembly Bill 411 (Wayne, 1997)
directs that all known sewage spills immediately result in a beach closure for up
to 72 hours. Much of the grease within sewer lines comes from restaurant and
food service operations that do not properly divert grease (via traps, interceptors,
or skimming it from food containers and throwing it in the refuse can).
What the Grand Jury Said. The Grand Jury issued five findings (statements of
perceived fact) and five recommendations (suggestions for improving the
problem of grease blockages that lead to beach closures). These are:
FINDINGS
74 °% of OC's sewering agencies require grease interceptors/ traps in restaurants. 66%
have ordinances prohibiting grease discharges.
,(Only 27% of OC's sewering agencies use the ordinances to inspect interceptors and to
enforce violations.
#'OCSD has conducted an educational campaign around grease interceptors for
restaurants.
.(The Orange County Health Care Agency (OC HCA) regularly inspects all restaurants.
./OCHCA does not regularly inspect grease interceptors as they inspect restaurants
RECOMMENDATIONS
JAIL OC sewering agencies should forma coalition to formulate a standard grease
discharge ordinance.
#'The ordinance should carry enforcement power to prevent grease discharges and
should include a vigorous inspection schedule, maintenance criteria, and sanctions for
violations.
,/All OC sewering agencies should carry out aggressive grease discharge prevention
education to restaurants and to large housing complexes continuously and countywide.
,/Such training should be made a condition for any wastewater discharge permit (WDR)
from the Regional Board.
#' OC HCA should require grease interceptor inspection logs and should include the
interceptor and log inspection as a part of OC HCA's routine food safety inspection.
What our Ordinance Says. In 1997, the Newport Beach City Council adopted
Ordinance 97 -3 creating Chapter 14.30 of the Newport Beach Municipal Code
(NBMC) relating to Commercial Kitchen Grease Disposal (see Attachment BY
Chapter 14.30 does the following (among other things):
• Prohibits the installation and /or use of food grinders in new establishments
or establishments undergoing remodeling;
• Requires all commercial kitchens and commercial kitchens to have a grease
control device as required by the Uniform Plumbing Code or "shall
otherwise comply with the provisions of this chapter"
• Requires all new commercial kitchens and commercial kitchens undergoing a
remodeling or change in operations to have a grease control device as
required by the Uniform Plumbing Code.
• Allows new or remodeled commercial kitchens to obtain a grease disposal
license in lieu of installing a grease disposal device if the Building Director
finds that there isn't enough space to install a device. These licenses cost
$400.00 per year and are issued annually - the license fee "shall be limited to
the incremental increase in the cost of preventative maintenance attributable
to the licensee."
• Requires any commercial kitchen with a grease control device to "employ an
appropriate service or procedures" to clean the device. Cleaning must occur
Z
not less than once every three months. Accumulated grease cannot be
discharged into the sewer system, storm drain, or "public way."
• Requires each kitchen with a device to keep maintenance records and to
allow City representatives access to the records by appointment.
• Authorizes the City to issue violations against commercial kitchen operators
who violate this Chapter - such violations can include fines based on
infractions ($100, $200, or $500), misdemeanor fines (less than $1,000.00), jail
time, civil actions, or administrative citations (also $100, $200, or $500).
Today, we estimate that about half of Newport Beach's approximately 325
restaurants have grease control devices. We collect $400.00 in licensing fees each
year from one restaurant (Baja Sharkees). The City has never issued a notice of
violation associated with a commercial kitchen operator's violation of Chapter
14.30.
What Grease Traps and Interceptors Look Like
Smaller Below Sink Trap Device Larger Trap Device
Beloro- ground Grease Interceptor
3
The City's Proposed Response to the Grand Jury Report. By July 25, 2001, the
City is required to respond in writing to each of the Grand Jury's findings and
recommendations that apply to Newport Beach. The full response is included
here as Attachment C.
In short, staff has suggested that the City respond affirmatively to the Grand
Jury's recommendations. We also believe that the City could be doing more to
implement and enforce the Commercial Kitchen Grease Disposal ordinance that
the Council adopted in 1997. For example:
• We do not have any one comprehensive summary of restaurants in the city
that have grease control devices (traps or interceptors). The Building
Department, however, has been requiring grease control devices since 1997
when any kitchen is remodeled such that the kitchen will cook grease -
intensive foods;
• It has been years since the City sent out educational material to restaurant
owners/ managers about grease control best management practices (BMPs).
• While we have institutional knowledge of grease problem areas in our sewer
system, we have not sited all restaurants on our geographic information
system (G1S) to examine which sewage lines would be most impacted by
restaurant grease;
• We have never inspected a commercial kitchen's operating grease control
device to anyone's knowledge, nor have we ever inspected a grease control
device maintenance log;
• Our municipal code does not expressly prohibit grease disposal into the
sewer system (it does so indirectly);
• Our Grease Disposal License (and annual fee) applies only to restaurants that
are new or remodeled AND that cannot find the space to install a grease
control device. All existing restaurants that pre -date the ordinance and have
not been remodeled neither pay the License fee nor are they expressly
required to have a grease control device. This may include about 50% of the
city's approximately 325 restaurants.
As a final note, in March of 2001, the City's Harbor Quality Citizens' Advisory
Committee (HQAC) considered a proposal from city staff that would implement
an updated and comprehensive grease control program for Newport Beach. This
proposal, which has not yet been presented to the Council, would:
• Inventory and map all restaurants in the city with grease control devices;
• Set up a grant or revolving low- interest loan program to restaurants to
incentivize the installation of grease control devices.
• Provide for additional cleaning of lines with significant grease buildup;
• Apply a direct fee to all restaurants without grease control devices to cover
the cost of inspection and line cleaning;
• Establish a routine education program for restaurant operators and residents
about grease disposal;
• Establish - either by contract or with City crews -- a grease interceptor
maintenance program for an annual maintenance fee where such crews
would routinely clean all interceptors in the city and provide a complete
maintenance log to the City's Utilities Department on an annual basis.
I
THIS AGENDA This Agenda Item authorizes the Mayor to sign the attached letter to the Orange
ITEM: County Grand Jury that offers the City's response to the Grand Jury's April 25,
2001 Report entitled, "Sewage Spills, Beach Closures - Trouble in Paradise ?" It also
directs City staff to provide a report to the Council within 120 days that examines
the issue of grease blockages and grease control devices in the city, suggesting
areas for improvement.
ATTACHMENTS: Attachment A - Grand Jury Report on Grease Control Devices
Attachment B - NBMC Chapter 14.30
Attachment C - Proposed City response to the Grand Jury
Attachment D - Sewers 101
Attachment A
Sewage Spills, Beach Closures
Trouble in Paradise?
SUMMARY
In the past several years, Orange County public beaches have experienced
many closures due to ocean water contamination, significantly impacting Orange
County's economy and quality of life. The Orange County Health Care Agency
issued 252 orders that closed beaches for more than 2000 days from the
beginning of 1987 through 2000 and the situation is getting worse. Almost all
closures were the result of bacterial contamination from a sewage spill into drains
or other waterways flowing into the ocean.
The 2000 -2001 Orange County Grand Jury conducted a survey among 35
wastewater - collection and /or treatment agencies in the County. The survey
concluded that the leading cause of sewage spills is clogged sewage pipes from
accumulation of grease /oil discharged from restaurants and high- density
residential areas. While several wastewater collection and /or treatment agencies
have grease discharge ordinances that require restaurants to have grease
trap /interceptor devices, only a relative few of these agencies have a regular
inspection and enforcement program in place. With over 6,800 restaurants and
approximately 12,000 miles of sewer pipes in Orange County, more effective
methods of minimizing grease discharge into sewer pipes must be developed
and put into practice if grease - related sewage spills are to be prevented.
The Orange County Grand Jury's recommendations to reduce the grease buildup
in our sewer system include:
Cooperation of cities, county wastewater collection and /or treatment
agencies in adopting a standardized countywide grease discharge
ordinance with enforcement power,
An aggressive public education program aimed at individual restaurant
owners and staff as well as the general public, including
owners /managers of large housing complexes, and
Regular review of restaurant grease traps /interceptors maintenance
logs by the Orange County Health Care Agency and routine inspection
of these devises by wastewater collection and /or treatment agencies
staff within their respective jurisdictions.
lri
PURPOSE /INTRODUCTION
The beaches of Orange County are among the most beautiful and utilized
recreational resources in the entire country. When closed to public use, not only
do the people using the beaches lose a recreational resource, but there is a
substantial economic impact associated with the absence of beachgoers as well.
From San Clemente to Seal Beach, many coastal businesses depend upon
beach visitors for a significant portion of their income.
When a sewage line or other sewage facility fails, raw sewage may drain to the
ocean, carrying with it bacteria and other human pathogens. This will
automatically trigger a state - mandated beach water closure, which will remain in
effect until further testing deems the water to be safe for recreational use.
According to a survey conducted by the Grand Jury and directed to 35
wastewater collection and /or treatment agencies in Orange County, the reasons
cited for most sewage spills are:
• Accumulation of cooking grease in sewer pipes
• Age - related deterioration of sewer pipes
• Tree root intrusion and blockage of sewer pipes
• Sewage system pump failure
The purpose of this study is to explore the effect improperly discarded cooking
grease /oil has on sewage spills and highlight possible remedies that may be
available in preventing them
HISTORY AND BACKGROUND
California State law requires that when designated "indicator bacteria" reach
certain levels in tested ocean water, the adjacent beach will be posted with
warning signs. If higher levels are detected, the ocean waters will be closed to
recreational use. Waters are tested several times a week at many locations
along Orange County's coastline. Data collected by the Orange County Health
Care Agency shows that from 1987 through 2000, the agency issued 252 beach
water closure orders, which effectively closed the adjacent beaches to visitors for
a total of more than 2000 days.
When large volumes of restaurant or high- density housing - generated cooking
grease /oil enter sewage collection pipes, the grease solidifies and accumulates
resulting in narrowing of the pipe's internal opening. Eventually the inside of the
pipe is closed forcing incoming sewage to escape through manhole covers or
other exit points. Until this sewage is detected and contained it may enter a
surface drainage system, natural or manmade, where it drains into the ocean.
Sewage has a high human pathogen content and thus contaminates water
11
adjacent to where the drains empty into the ocean, creating an immediate public
health hazard.
Restaurants generally dispose of cooking grease /oil in the following three ways:
Grease traps: These are small devices hooked directly to the outgoing drains
of sinks and dishwashers and are located inside the restaurant. Because they
hold small quantities of captured grease, these traps must be emptied and
cleaned on a regular basis and the grease properly discarded to prevent
grease overflow into the sewer system.
2. Grease interceptors: Interceptors are large underground devices usually
located outside the restaurant and connected to the restaurant's outgoing
sewer drainage system. These large tanks have heavy manhole -like covers
that are difficult to access for inspection. When full they must be emptied and
cleaned by private waste pickup and disposal companies.
Large covered barrels: Barrels, in which higher quality cooking grease is
placed, are kept covered and then collected by commercial companies who
sell it for industrial reuse. These barrels are placed outside the restaurant.
They are easily accessible and are usually not a contributing factor to the
problem unless they are accidentally spilled and the contents enter sewer or
storm drains.
Several beach cities in other Southern California counties have recently tackled
their grease buildup and disposal problem with very encouraging results. During
the 1990's the City of San Diego reported a 48% reduction in the number of
sewage spills as a result of aggressive inspection and enforcement of their
grease discharge ordinance for restaurants. In particular, the City of Oxnard
(Ventura County) has not only adopted a grease discharge ordinance but its
sewage treatment plant also operates its own grease pump -out service. The
grease is pumped from restaurant interceptor tanks and brought back to the plant
for proper processing and disposal. This program has shown to be not only cost
effective, but the number of grease - related sewer spills has been reduced from a
five year average of 25 to an average of eight spills a year for 1999 -2000.
Orange County's situation is complicated by the fact that we have 38 separate
agencies that provide wastewater collection and /or treatment services. Thirty -
five of these agencies are cities or special districts that provide the sewer pipes
and pumping facilities for collecting and transporting the raw sewage to one of
the treatment plants located along the coast responsible for final treatment,
reclamation and /or disposal of wastewater. These treatment plants accomplish
final disposal by one of the following methods:
• Treated effluent water is sent out several miles via underwater pipe into
the ocean.
D
• Wastewater is treated to levels suitable for recharging the natural
underground aquifer.
• Treated wastewater is used as reclaimed water for landscaping or other
non -human consumption - related activity.
In general, these agencies are responsible for the construction, inspection and
maintenance of wastewater collection and transportation and in some cases
treatment facilities within their jurisdictions. They also have the authority to issue
wastewater discharge permits and to adopt various ordinances. These
ordinances dictate quality, volume and prohibited types of wastewater accepted
from residential, commercial and industrial wastewater generators.
The Grand Jury conducted a survey among 35 wastewater collection and /or
treatment agencies in Orange County. Pertinent questions and responses from
each agency to the survey were as follows:
1. Please list the most important reasons for accidental sewage spills occurring
in your jurisdiction. A total of 29 (83 %) agencies included grease as a major
cause of sewage spills.
2. Do you have a grease discharge ordinance in your City /Agency?
Yes: 23 (66 %) No: 12 (34 %)
3. Do you require grease traps /interceptors for restaurants?
Yes: 26 (74 %) No: 9 (26 %)
4. If you do require grease traps /interceptors, do you have an
inspection /maintenance program for these? (Of the 26 "Yes" responses to
question number 3.)
Yes: 7 (27 %) No: 19 (73 %)
5. Have you adopted the 1997 Uniform Plumbing Code for use in your
City /Agency? (This question relates to standardized design of grease
traps /interceptors. )
Yes: 31 (89 %) No: 4 (11 %)
The Grand Jury's analysis shows that approximately two- thirds of the wastewater
collection and /or treatment agencies surveyed have adopted a grease discharge
ordinance within their area of jurisdiction and most (74 %) require some type of
grease intercepting device in restaurants. However, only 27% conduct routine
inspection and maintenance programs to assure that these devices are effective
in reducing the discharge of cooking grease in sewer lines.
The Orange County Sanitation District, in cooperation with their member
agencies and Orange County Health Care Agency have conducted public
information efforts to educate not only restaurants but also occupants of high -
density residential housing areas such as large apartment complexes. This is
accomplished by distribution of brochures and presentations to residents and
restaurants. Large residential housing complexes are also a source of cooking
grease, although not nearly in the same volume as that discharged by restaurants.
However, these efforts may need to be resumed and expanded given the fact that
grease - related sewer pipe blockages continue to increase in number.
METHOD OF STUDY
The Grand Jury visited wastewater collection and /or treatment sites and facilities
as well as conducted interviews with administrative, technical and operational
staff of several wastewater collection and /or treatment agencies, both within and
outside of Orange County. Seminars and workshops on the subject of
wastewater collection, treatment and water quality were attended. Grand Jurors
interviewed restaurant owners and managers. In addition, the Grand Jury met
with several staff members of the Environmental Health Division of the Orange
County Health Care Agency and then accompanied them on their regular
restaurant inspections. Literature and ordinances from other coastal counties
relating to grease discharge in sewage systems were also reviewed.
FINDINGS
Under California Penal Code Sections 933 and 933.05, responses are required
to all findings. The Orange County Grand Jury has arrived at five findings:
1. Seventy -four percent of Orange County wastewater collection and /or
treatment agencies require restaurants in their jurisdictions to have grease
traps /interceptors installed and 66% have discharge ordinances.
2. Few wastewater collection and /or treatment agencies (27 %) are using these
discharge ordinances as a basis for grease trap /interceptor inspections and
maintenance activities and resultant enforcement actions when restaurants
are not in compliance with the ordinance.
Responses to Findings 1 and 2 are required from:
The City Councils of:
Anaheim Laguna Beach San Juan Capistrano
Brea La Habra Santa Ana
Buena Park La Palma Seal Beach
Cypress Los Alamitos Stanton
Fountain Valley Newport Beach Villa Park
Fullerton Orange Westminster
Garden Grove Placentia Yorba Linda
Huntington Beach San Clemente \
And
The Boards of Directors of:
Aliso Water Management Agency
Costa Mesa Sanitary District
El Toro Water District
Irvine Ranch Water District
Moulton Niguel Water District
Midway City Sanitary District
Orange County Sanitation District
Rossmoor /Los Alamitos Area
Sewer District
Santa Margarita Water District
South Coast Water District
South East Regional Reclamation
Authority
Sunset Beach Sanitary District
Trabuco Canyon Water District
Yorba Linda Water District
3. The Orange County Sanitation District, through its member agencies and the
Orange County Health Care Agency have carried out public education efforts
aimed at reducing cooking grease discharge from restaurants and residential
sources.
A Response to Finding 3 is from requested from the Orange County Health
Care Agency
A Response to Finding 3 is required from the Board of Directors, Orange
County Sanitation District and Orange County Board of Supervisors.
4. All Orange County restaurants are inspected on a regular basis by qualified
Orange County Health Care Agency, Environmental Health Division
Specialists.
Orange County Health Care Agency specialists do not routinely inspect
restaurant grease traps /interceptors unless there is an obvious indication of
malfunction, even though these inspections are thorough in all other aspects
of sanitation and food safety.
Responses to Findings 4 and 5 are required from Orange County Board of
Supervisors and requested from the Orange County Health Care Agency
RECOMMENDATIONS
Under California Penal Code Sections 933 and 933.05, each recommendation
requires a response from the government entity to which it is addressed. These
responses are submitted to the Presiding Judge of the Superior Court. Based
upon the findings, the Orange County Grand Jury recommends that:
1. All Orange County wastewater collection and /or treatment agencies form a
coalition for the purpose of formulating a standardized grease discharge
ordinance for use by all affected wastewater collection and /or treatment
agencies. (Finding 2)
2. This ordinance should carry enough enforcement power to effectively prevent
cooking grease from being discharged by restaurants and should include a
vigorous inspection schedule, maintenance criteria and clearly defined
enforcement procedures and sanctions where violations are noted.
(Finding 2)
All Orange County wastewater collection and /or treatment agencies should
carry out aggressive grease discharge prevention education and training
programs aimed at individual restaurant owners and staff in their respective
jurisdictions. Due to the high turnover in both restaurant businesses and
workers, this effort should be carried out continually, countywide, throughout
the year. (Finding 3)
4. Completion of training programs should be made a condition for wastewater
discharge permit issuance to all new applicants, where discharge permits are
I required. This educational program should also contain a component directed
1�oward owners and /or managers of large housing complexes. (Finding 3)
Responses to Recommendations 1 - 4 are required from:
The City Councils of:
Anaheim
Brea
Buena Park
Cypress
Fountain Valley
Fullerton
Garden Grove
Huntington Beach
And
The Boards of Directors of:
Laguna Beach
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
San Clemente
Aliso Water Management Agency
Costa Mesa Sanitary District
El Toro Water District
Irvine Ranch Water District
Moulton Niguel Water District
Midway City Sanitary District
San Juan Capistrano
Santa Ana
Seal Beach
Stanton
Villa Park
Westminster
Yorba Linda
Orange County Sanitation District
Rossmoor /Los Alamitos Area
Sewer District
Santa Margarita Water District
South Coast Water District
South East Regional Reclamation
Authority
Sunset Beach Sanitary District Yorba Linda Water District
Trabuco Canyon Water District
5. The Orange County Health Care Agency should require, and then routinely
inspect and review grease trap /interceptor maintenance logs to be accurately
kept by restaurant operators to assure proper emptying and cleaning
frequency of these devices. This log review should be made part of the Health
Care Agency's regularly scheduled restaurant food safety inspection visit
procedures. (Findings 4 and 5)
A Response to Recommendation 5 is requested from the Orange County
Health Care Agency.
A Response to Recommendation 5 is required from the Orange County Board
of Supervisors
P
chapter is committed, continued or permitted by
such person, and shall be punishable therefor as
provided for in this chapter. (Ord. 96 -22 § 1 (part),
1996: 1949 Code § 5306)
Attachment B 14.28.100
Chapter 14.30
COMMERCIAL KITCHEN GREASE
DISPOSAL*
Sections:
14.30.010
Intent and Purpose.
14.30.020
Definitions.
14.30.030
Food Grinders Prohibited.
14.30.040
Grease Control Device
Required.
14.30.050
Exceptions — Grease Disposal
License.
14.30.060
Appeals.
14.30.070
Maintenance Requirements.
14.30.080
Violations.
14.30.090
Penalties for Violation.
`Nor Ordinance History: 96 -22 and 91 -5.
14.30 -010 Intent and Purpose.
It is the intent of this chapter to establish regula-
tions for the disposal of grease and other insoluble
waste discharges from commercial kitchens within
the City. The City Council, in enacting the ordi-
nance codified in this chapter, intends to provide for
the maximum beneficial public use of the City's
sewer system, to prevent blockages of that system
and accidental discharge of grease into Newport
Bay, to ensure the cost of maintaining the public
sewer system is equitably distributed amongst users,
to clarify grease disposal requirements for existing
commercial kitchens, and to promote public health
and safety. (Ord. 97 -3 § 2 (part), 1997)
14.30.020 Definitions.
As used in this chapter, the following terns are
defined in this section:
"Change in operations" means any modification
in the operational procedures of a commercial kitch-
en which has the potential to significantly increase
the amount of grease generated by food preparation
including, without limitation, any substantial in-
crease in the net public area, any substantial increase
in the hours of operation, any significant increase in
491 (N.wpft Beach 6.97)
1 U
14.30.020
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 equip-
ment.
"Commercial kitchen" means any business operat-
ing in Newport 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 pro-
duces grease vapors, steam, fumes, smoke or odors
that are required to be removed by aType 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 com-
mercial kitchens.
"Food grinder" means any device installed in the
sewage system for the purpose of disposing food
waste in the public sewer system.
"Grease" means any oil, fat, or oily, fatty sub-
stance such as vegetable or animal fat that turns or
may rum viscous or solidifies with a change in
temperature or other conditions.
"Grease control device" means any grease inter-
ceptor, grease trap or other mechanism which atta-
ches to wastewater plumbing fixtures for the pur-
pose of collecting grease for off -site disposal.
"Person" means any individual, firm, corporation,
partnership, association or other group or combina-
tion of individuals acting as a business unit.
"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.
"Wastewater" means water containing animal or
vegetable matter and water, whether treated or un-
treated, discharged into or permitted to enter a pub-
lic sewer. (Ord. 97 -3 § 2 (part), 1997)
1430.030 Food Grinders Prohibited.
The installation and use of food grinders shall be
prohibited in all new commercial kitchens in new or
existing buildings, in all existing commercial kitch-
ens undergoing remodeling, and in all existing food
(Ncwpon Bucb 697)
492
preparation and service establishments undergoing
remodeling or a change in operations such that they
would become a commercial kitchen. (Ord. 97 -3 §
2 (part). 1997)
14.30.040 Grease Control Device Required.
A. All commercial kitchens shall have grease
control devices as required by the Uniform Plumb-
ing Code, or shall otherwise comply with the provi-
sions of this chapter.
B. New commercial kitchens in new or existing
buildings shall have grease control devices as re-
quired by the Uniform Plumbing Code.
C. Existing commercial kitchens undergoing
remodeling or a change in operations shall have
grease control devices as required by the Uniform
Plumbing Code.
D. Existing food preparation and service estab-
lishments and commercial kitchens undergoing
remodeling or a change in operations shall have
grease control devices as required by the Uniform
Plumbing Code.
E. The Building Director shall not issue a certif-
icate of occupancy for a commercial kitchen which
is required to have a grease control device until such
device has been installed and inspected and ap-
proved by the Building Department- (Ord. 97 -3 § 2
(part), 1997)
14.30.050 Exceptions— Grease Disposal
License.
A. Commercial kitchens and food preparation
and service establishments that would become com-
mercial kitchens upon completion of remodeling or
a change in operations may obtain a grease disposal
license in lieu of installing a grease control device
upon a determination by the Building Director that
there are physical limitations to a property that make
the installation of a grease control device infeasible
or contrary to other laws.
B. A grease disposal license shall require the
payment of an annual fee to defray a portion of the
City's costs of maintaining the sewer system free of
grease and resultant blockages. This fee shall be
established by resolution of the City Council, and
� G)
shall be limited to the incremental increase in the
cost of preventive maintenance attributable to the
licensee. The Building Director shall not issue a
certificate of occupancy for any commercial kitchen
that obtains a grease disposal license until the first
annual fee has been paid to the City.
C. Persons seeking a grease disposal license
shall complete and file with the Building Director
an application on the form prescribed by the City.
Applications shall be accepted only from the owner
or operator of the commercial kitchen or food prepa-
ration and service establishment. The application
shall be accompanied by the applicable fee. The
applicant shall provide the following information:
1. Name and address of applicant;
2. Address of premises for which the license is
requested;
3. Site plan showing property lines, easements.
structures, and any other features that limit the
installation of a grease control device;
4. Description of food processing, type and
number of meals to be served, cleanup procedures.
size of kitchen, and dining room capacity;
5. List of kitchen appliances, fixtures and venti-
lating equipment;
6. Volume and type of wastewater to be dis-
charged; and
7. Any other information deemed necessary by
the Building Director to evaluate the application.
D. A grease disposal license shall be valid for
one year, and shall be automatically renewed, pro-
vided:
1. There has been no remodeling of the premis-
es, or change in operations; and
2. The licensee has not violated this chapter, the
Uniform Plumbing Code, or other laws during the
previous year, and
3. The annual in -lieu fee is paid. (Ord. 97 -3 §
2 (part), 1997)
1430.060 Appeals.
Any decision of the Building Director pursuant
to this chapter may be appealed by any interested
party to the Building Board of Appeals, pursuant to
14.30.050
Section 15.02.020 of the Newport Beach Municipal
Code. (Ord. 97 -3 § 2 (part), 1997)
14.30.070 Maintenance Requirements.
A. Each commercial kitchen with a grease con-
trol device shall be required to employ an appropri-
ate service or procedures for periodic collection of
accumulated grease from any grease control device.
The collection period shall be as set forth in the
plumbing permit for the grease control device, but
in no case more than three month intervals. No
accumulated grease shall be introduced into any
sewer lateral, public sewer, storm drain, or public
way.
B. Each commercial kitchen with a grease con-
trol device shall be required to keep records of
cleaning, maintenance and grease removal.
C. Each commercial kitchen with a grease con-
trol device shall allow City representatives access to
the premises, by appointment during normal busi-
ness hours, for purposes of sampling, inspections
and review of records relating to the plumbing per-
mit. (Ord. 97 -3 § 2 (part), 1997)
14.30.080 Violations.
A. The owner and operator of a commercial
kitchen shall be in violation of this chapter if he or
she:
1. Fails to install a grease control device as
required by the Uniform Plumbing Code and this
chapter,
2. Fails to obtain a grease disposal license as
required by this chapter;
3. Makes any false statement, representation,
record, report, plan or other document filed with the
Building Director,
4. Tampers with or knowingly renders inopera-
ble any grease control device required under this
chapter,
5. Fails to fulfill maintenance, cleaning and
recordkeeping requirements as required by permit
and this chapter, or
6. Refuses City representatives reasonable access
to a commercial kitchen for the purposes of inspect-
ing or monitoring.
493 (Newport Beach 6-97)
14.30.080
B. Any willful failure to comply with a provi-
sion of this chapter shall constitute a violation, re-
gardless of whether the failure to comply is caused
by the permittee/licensee or an employee or agent
of the permittee/licensee.
C. Where the failure to comply is continuing and
intentional, each successive failure to comply shall
be a separate and distinct violation. (Ord. 97 -3 § 2
(part), 1997)
14.30.090 Penalties for Violation.
Any violation of this chapter shall be subject to
the penalties provided in Chapter 1.04 of the New-
port Beach Municipal Code. (Ord. 97 -3 § 2 (part),
1997)
(Ncwpon Brach 6 -97) 494
Attachment C
July 11, 2001
The Honorable C. Robert Jameson
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, California 92701
RE: RESPONSE TO ORANGE COUNTY GRAND JURY REPORT:
Seeuage Spills, Beach Closures - Trouble In Paradise?
Dear Judge Jameson:
The City of Newport Beach hereby presents its formal response to the April 25, 2001 Report of
the Orange County Grand Jury entitled, Seeoage Spills, Beach Closures - Trouble In Paradise? This
response was formally approved by the Newport Beach City Council on Tuesday, July 10, 2001.
As a beach city, we appreciate the Grand Jury's attention to this important issue.
FINDINGS to which the City of Newport Beach is required to respond:
FINDING #1- Seventy-four percent of Orange County's sewering agencies require grease
interceptors/ traps in restaurants. Sixty-six percent of Orange County's sewering agencies have
ordinances prohibiting grease discharges.
RESPONSE: Because the City did not compile information from each city in Orange County (as
the Grand Jury apparently did), the City has no formal comment on the percentages listed except
to note that Newport Beach's Municipal Code (Chapter 14.30) contains both a grease control
device requirement (for new and remodeled commercial kitchens) and a prohibition against
discharges, like grease, that would interfere with or damage the sewerage operations (NBMC
Chapter 14.28.020[f]).
FINDING #2 - Only 27% of Orange County's sewering agencies use the ordinances to inspect
traps/ interceptors, to inspect maintenance logs, and to enforce violations.
RESPONSE: Because the City did not compile information from each city in Orange County (as
the Grand Jury apparently did), the City has no formal comment on the percentages listed. We
note, however, that the City of Newport Beach has an enforcement provision of its Commercial
Kitchen Grease Disposal ordinance (NBMC Chapter 14.30). Since the date of this ordinance's
adoption, the City has not inspected logs, inspected traps or interceptors, nor issued a violation
for improper maintenance of or the disabling of a grease control device.
RECOMMENDATIONS to which the City of Newport Beach is required to respond:
RECOMMENDATION #1— All Orange County sewering agencies should form a coalition to
formulate a standard grease discharge ordinance.
RESPONSE: The City agrees that a standardized grease discharge ordinance would assist cities,
the Orange County Health Care Agency, sanitation agencies, and restaurant owners and
1
managers to better understand and comply with operational standards. The City would
welcome a role in such a coalition, coordinated by the County of Orange and formed within six
months of July 25, 2001. The City notes, however, that such an ordinance should include a
provision which allows local building officials to waive a requirement for a grease control device
for existing restaurants which prove, subject to inspection, that they:
• Do not have the physical space to add a control device; and
• Agree to pay an annual fee (similar to our Grease Control License) that covers the cost of
additional /more frequent line cleaning near their commercial kitchen and the cost of on -site
kitchen inspections for the presence a grease barrel or similar with a current contract for off -site
grease disposal; and
• Pledge to follow proper grease disposal procedures.
RECOMMENDATION #2 -- The formulated ordinance should carry enforcement power to
prevent grease discharges and should include a vigorous inspection schedule, maintenance
criteria, and sanctions for violations.
RESPONSE: The City concurs with this recommendation. The City's own ordinance has each of
these tools and powers, so no timeline is suggested to achieve this recommendation. We can,
however, do a better job in inspecting existing grease control devices. We plan to do so and to
report back to our City Council as to our progress in meeting this goal.
RECOMMENDATION #3 -- All Orange County sewering agencies should carry out aggressive
grease discharge prevention education to restaurants continuously and countywide.
RESPONSE: The City concurs with this recommendation and plans to provide educational
materials relating to grease disposal to all commercial kitchens in the City by December 31, 2001.
RECOMMENDATION #4 -- Such training should be made a condition for any wastewater
discharge permit (WDR) from the Regional Board. Any educational component should contain a
component directed toward owners and /or managers of large housing complexes.
RESPONSE: The City agrees that educational material should be provided to owners and /or
managers of large housing complexes. This material shall be provided by December 31, 2001.
Again, we thank the Grand Jury for addressing this important issue. The Grand Jury's attention
to grease disposal has allowed us to better understand our own City operations in this regard
and to, hopefully, improve upon how we assist and regulate area restaurants to protect our Bay
and ocean from sewage spills caused by grease blockages.
Sincerely,
GAROLD B. ADAMS
Mayor of Newport Beach
cc: Members of the Newport Beach City Council
Homer L. Bludau, City Manager
Dave Kiff, Assistant City Manager
Eldon Davidson, Utilities Director
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Attachment D
Sewers 101
Sewers 101. A modern sewer system typically consists of gravity-based sewer lines and pressurized
"force" lines (the pipes), "lift" stations that pressurize flows enough to take the flows up and over hills
and slopes, treatment facilities, and disposal facilities (outfalls or bio -solid disposal locations). There are
four general classifications of sewer lines:
• sewer laterals that go from a home or business to a another line near the center of the street
(laterals are typically 4" in diameter to 6 ").
• gravity mains that receive flow from the laterals (6" to 18 ");
• force mains that take pressurized flow from a lift station up and over a hill (6" to 18 "); and
• trunk lines that take flows from the force mains and gravity mains (24" to 48 ") to the treatment
facilities.
Most of the sewer laterals are owned by private individuals and businesses until the point where the
lateral meets the main line. Most main lines are owned by the City of Newport Beach. Most trunk lines
are owned by the Orange County Sanitation District (OCSD).
What we Spend on Sewers. The City has an ongoing maintenance and repair program for its sewers that
follows the 1996 Sewer Master Plan. The adopted C1P for FY 2001 -02 includes about $1.5 million for the
following sewer projects, all funded from the Sewer Enterprise Fund (paid for with direct fees on sewer
users):
• $362,000 to replace or reline sewer mains per the 1996 Plan;
• $150,000 to replace the force main that leaves the Main Beach Pump Station at CDM State Beach;
• $774,000 to reconstruct and improve older lift stations (the City has 20 sewer lift stations);
• $57,000 for manhole lining (to reduce groundwater infiltration into the sewer lines) and manhole
addition or replacement,
• $16,000 to replace laterals on City sewer mains beneath alleys and streets proposed for
reconstruction or resurfacing;
• $23,000 to remove roots from City sewer mains; and
• $117,000 to televise all sewer mains from within the mains to determine root intrusion, cracks,
deterioration, and other problem areas before they cause a break and /or a spill.
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