HomeMy WebLinkAboutSS2 - Food Service EstablishmentCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Study Session Item No. SS2
September 14, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Terresa Moritz, Management Analyst
949 - 644 -3013
tmoritz@city.newport-beach.ca.us
SUBJECT: Food Service Establishment (FSE) Fats, Oils, and Grease Ordinance
ISSUE:
Should the City change the current Commercial Kitchen Grease Disposal Ordinance (14.30
NBMC) to better reflect new wastewater system requirements of the Regional Board?
• RECOMMENDATION:
Direct staff to:
1. Communicate all grease control proposals with local representatives of the restaurant
industry and with the Coastal /Bay Water Quality Citizens' Advisory Committee;
2. Bring back for First Reading an ordinance to comply with RWQCB Order No. R8 -2002-
0014.
DISCUSSION:
Background:
The City of Newport Beach operates and maintains the local sewer collection system. The
City of Newport Beach has experienced many problems with grease blockages and
sanitary sewer overflows (SSOs) over the years. These blockages have caused backups
into restaurants (also known as Food Service Establishments or "FSEs "), other businesses,
homes and on public property. On occasion, SSOs find their way to the bay or ocean,
leading to a closure of receiving waters to water- contact recreation.
These back -ups are both unpleasant and expensive -- with sewage potentially flowing into
homes, FSEs, and other businesses. Cleanup and replacement costs for damaged items
•like carpet and furniture can be significant. SSOs tend to be more prevalent in the vicinity of
FSEs) than in residential areas_
FSE FOG Ordinance
September 14, 2004
Page 2
•
The City of Newport Beach has been a pioneer with its first grease - related ordinance
(NBMC Chapter 14.30) adopted in 1991. We were aware at that time that there would
eventually be a county or statewide mandated grease program and wanted to get an early
start.
In addition to our ordinance, we decided to retain the firm of ECIS since 2002 to perform
regular inspections of all of the city's 356 FSEs. Mr. Jon Kinley, principal with ECIS, has
found that, of the 356 FSEs in the city,
• 159 have appropriately -sized grease control devices;
• 40 have inadequately -sized or maintained grease control devices;
• 89 do not have any grease control device, but have a menu that requires one; and
• 67 do not have a grease control device and do not have menu items that require
one;
In July 2000 -2001 the Orange County Grand Jury reported that the main cause of SSOs
was grease blockages from restaurants and high density apartments. The Grand Jury
challenged all government agencies with sewer infrastructure to enact regulations to control
and /or prevent SSOs. Following the Grand Jury's report, the Regional Water Quality
Control Board, Santa Ana Region ( "Regional Board ") adopted a new Order about SSOs. •
The Regional Board's Order set "waste discharge requirements" (WDRs) for entities that
operate wastewater collection systems like Newport Beach.
Here are the key elements of the WDRs -- wastewater collection agencies must:
1. Control the amount of grease entering the City's sewer system via a formal program in
place to ;seal with the disposal of Fats, Oils and Grease (FOG);
2. Head towards the full elimination of SSOs, including making every effort to contain,
control, and clean up sewage spills
3. Provide training on new Kitchen Best Management Practices (BMPs) to reduce the
Introduction of grease and debris into grease control devices or the sanitary sewer
system;
4. Properly fund, manage, operate and maintain, with adequately trained staff all parts of
the sewage collection system owned and /or operated by the City
5. Inspect all FSEs to determine adherence to BMPs, appropriate cleaning of grease
control devices, inspection of grease control devices and maintenance logs; and
6. Revise or replace existing codes (by the end of 2004) to provide full authority to enforce
new regulations and other program requirements.
Existing and Proposed Ordinance
The City's current ordinance does not comply with the WDRs in the following manner: •
•
FSE FOG Ordinance
September 14, 2004
Page 3
• The current Commercial Kitchen Grease Disposal Ordinance lacks the authority to
require the installation of a grease control device in the event that blockages or SSOs
occur due to a particular FSEs behavior or grease discharges.
• The City needs the authority to make unscheduled inspections of FSEs to determine if
they are complying with the proposed Kitchen BMP (see attached Exhibit A)
requirements.
Other major elements of the proposed ordinance re -write include:
• A clear prohibition of discharges to sanitary sewer system that contributes to a
blockage or SSO;
• A requirement that an FSE install a grease control device per the specifications of
the UPC (this is not new);
• An annually - levied grease disposal mitigation fee ( "in -lieu" fee) for those entities that
cannot feasibly install interceptors that covers the City's costs of cleaning lines
additional times (a similar fee exists today, but it has only been collected from one
FSE for one time);
• Best Management Practices for all FSEs;
• Grease Control Device maintenance and record keeping requirements;
• Authorization for inspections, enforcement, and penalties if non - compliant;
• Annual service charge to all FSEs to administer a new FOG Control Program and
perform the required inspections; and
• A formal Grease Disposal Permit for all FSEs.
One key area to be discussed is whether to require that all FSEs in the City must
retroactively install a Grease Control Device. At this point, staff does not believe that such
a requirement is needed unless a specific FSE shows a pattern of illegal grease
discharges.
Prepared by:
Submitted by:
/ e Moritz,,Man ment nalyst Eldon Davidson, Utilities Director
Attachment: Kitchen BMP's
Summary of Ordinance Changes
e Kiff, Assistant City Manager
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•
Fats, Oils & Grease (FOG)
Control
Newport Beach City Council
Study Session
Tuesday, September 14, 2004
Topics and Goals
F What's the problem?
F What we do today
I WDR Requirements
What Makes Sense for an Effective FOG
Control Ordinance and FSE Program?
FOG Control Ordinance Core Guidelines
Regional Uniformity and Equity
z
1
What's the Problem?
I Photos of Grease from CCTV
What's the Problem?
t Photos of Grease from CCTV, cont'd.
What's the Problem?
t Photos of Grease from CCTV, cont'd.
.:i
5
What's the Problem?
F- Photos of Grease from CCTV, cont'd.
6
3
Our Hotspot Program
Ir Regular Maintenance Program
— 8 miles of sewer main cleaned monthly (96 miles annually)
— 5 miles of sewer main cleaned quarterly (20 miles annually)
— 197 miles of sewer main cleaned annually
— Total = 313 miles of sewer main cleaned each year
CCTV Program
— New truck to visually inspect sewer main lines and laterals and
storm drain lines
— Hot spot characterization (monthly & quarterly -over 50,000 feet
of trouble /hot spot runs)
— Run camera to troubleshoot any utility that daily cleaning crews
encounter
What it costs...
Annual Maintenance
— $2.284 million
It $52,000 Administrative Costs
9 $83,000 Annual Cleaning Costs
— monthly, quarterly & annual cleaning Capital
Improvement Program
— Pump Station Replacement = $ 1.01 million
— Main Replacement = $ 610,000
t Total CIP = $1.623 million
x Total City Costs = $3.9 million
8
n
Newport's Restaurants
t Of Newport Beach's 355 Food Service Establishments:
— 159 have an adequately sized Grease Interceptor (GI)
— 40 have an inadequately sized GI
— 67 have operations that don't require a GI
— 89 don't have a GI but have operations that need one!
— (21 are in IRWD's service area, but we inspect them -- IRWD
does not inspect GIs)
a ECIS' inspection regimen
— 199 FSEs inspected 3x a year
— 393 GI Lids popped and inspected (incl. 37 IRWD lids)
— 156 FSEs inspected 2x a year for FOG BMPs
1 25 exempt from inspections due to operations
— $22,000 /year Jon's cost for GI & BMP inspections
WDR Requirements
Recently- issued Waste Discharge
Requirements ( "WDRs ") for all wastewater
collection agencies in Region #8 tell us we
need to:
— Change our code to enact proper legal authority
— Have a strong maintenance and line
replacement program
— Limit grease from entering the system —
especially for Food Service Establishments
(FSEs).
— Inspect and Monitor
— Have a penalty system to use when
appropriate.
10
I
Legal Authority
We need to change the Code to reflect:
— Limits on Grease Discharges that May Cause Blockages
[ "Limit fats and greases and other debris that may cause blockages
in the sewage collection system" (sec. iii)
— Prohibition against FOG Discharges that May Cause
SSOs
9 'Prohibit discharges to the system and identify measures to prevent
SSOs caused by fats, oils, and grease blockages of sewers' (sec.
viii)
— Inspections, Enforcement and Provision of Sufficient
Staffing
"... to inspect grease producing facilities, enforcement authorities,
and sufficient staff to inspect and enforce the grease ordinance"
(sec. viii)
Establish an Effective Program
Installation of Grease Removal Devices and BMPs
— '...may include requirements to install grease removal devices
(such as traps or, preferably interceptors), design standards for
the removal devices, maintenance requirements, BMP
requirements, record keeping and reporting requirements." (sec.
viii
Identify Sewer Line Hot Spots and Establish
Cleaning Frequencies
— 'The grease control program shall identify sections of the sewer
system subject to grease blockages and establish a cleaning
maintenance schedule for each section." (sec. viii)
Implement Source Control Measures for Hot
Spots
— 'The program shall develop and implement source control
measures, for all sources of grease and fats discharged to the
sewer system, for each section identified above." (sec. viii)
12
111
FOG Control Ordinance
and FSE Program
I What Makes Sense for an FSE Program?
— Kitchen BMPs
t Logical BMPs required for all FSEs
— Grease Interceptors
r Required for those FSEs that need them
- New and existing FSEs
it Require proper maintenance
- Logical and fair minimum pumping frequency
FOG Control Ordinance
and FSE Program
What Makes Sense for an FSE Program?
Monitoring and Enforcement
W Prioritize hot spot areas - Completed FOG
Characterization 07/31/04
r Inspections of important elements- Current contract
with ECIS for all FSE /Grease Control Device
t Notices of Violations and gradual enforcement strategy
a Elevated enforcement for FSEs that cause or
contribute to a grease blockage or SSO
Provision for Exceptions
— Where space is limited (Variance)
— Where there is no significant FOG produced (Waiver)
— Where the City has approved a specific pre- treatment
technology (Variance)
Issue Permits
13
14
7
FOG Control Ordinance
Core Guidelines
Kitchen BMPs
— Installation and use of drain screens
— Segregation, collection, and recycling of
cooking oil
— Disposal of food waste into the trash
E How do we deal with existing Food Grinders?
— Proper maintenance of kitchen exhaust
filters
— Kitchen signage
— Employee training
FOG Control Ordinance
Core Guidelines
Prohibitions
No food grinders (garbage disposal units) for
new or existing FSEs
No emulsifying additives, no use as a
supplement to interceptor maintenance
No disposal of waste cooking oil into drains
No discharge of wastewater from dishwashers
into grease trap or interceptor
— No toilet discharge into grease interceptor
— No interceptor waste into the sewer system
15
16
0
FOG Control Ordinance
Core Guidelines
k FOG Pretreatment/Grease
Interceptors
— Requirement for new and remodeled
FSEs
t Requirement for standard dischargers
IF Require space and plumbing segregation
considerations for insignificant dischargers
w $50,000 remodel
FOG Control Ordinance
Core Guidelines
e FOG Pretreatment/Grease
Interceptors (cont.)
Requirement for existing FSEs:
Waiver for insignificant dischargers — no time
period;
3 -year Grease Discharge Permit for standard
dischargers;
r Variance for standard dischargers with an
approved alternative pretreatment technology
that is:
— Equally effective as a GI
— Verifiable via CCTV
,7
is
we
FOG Control Ordinance
Core Guidelines
Grease Interceptors (cont.)
— Require proper maintenance
t No sludge greater than 25% of GI's capacity
I Full pump -outs and maintain records
s- Verified through inspections
i 90 -day minimum pump out frequency
t Variance request for 3 -6 month frequency
— Design requirements
I Follow UPC
What's Next?
t Communication with Restaurant BID and
Coastal /Bay Water Quality Committee
First Reading at City Council re: FOG Control
Ordinance
Possibly October 26, 2004
Includes changes to Master Fee Resolution
Second Reading at City Council re: FOG Control
Ordinance
Needs to occur no later than November 23, 2004
t Effective date = January 1, 2005.
,9
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