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HomeMy WebLinkAbout50A - ORDINANCE NO. NS-2670 REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 18, 2004 TITLE: ORDINANCE AMENDING CHAPTER 39 OF THE MUNICIPAL CODE ADOPTING FATS, OILS AND GREASE CONTROL REGULATIONS AND SECTION 1-18.2 UPDATING PUBLIC WORKS AUTHORITY TO ISS CIl)ONS . ) /- a CI APPROVED o As Recommended o As Amended o Ordinance on 1st Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Chapter 39 of the Santa Ana Municipal Code adding fats, oils and grease control regulations applicable to food service establishments and prohibiting the discharge of rainfall, pollutants, and damaging substances to the sewer system; and amend Section 1-18.2 of the Santa Ana Municipal Code updating authority in the Public Works Agency to issue citations. DISCUSSION The California Regional Water Quality Control Board (RWQCB) adopted Order No. R8-2002-0014 on April 26, 2002. The order requires proper operation and maintenance of the City's sewer collection system and regulates sanitary sewer overflows (SSOs) and leaks from the system. Waste discharge requirements are established that are intended to protect the beneficial uses of surface waters and beaches in Orange County. The RWQCB order identifies fats, oils and grease (FOG) discharges as a significant cause of sewer blockages and result in sewage overflows. All Orange County cities and the Orange County Sanitation District (OCSD) are required to prepare and implement FOG source control programs. Each program must include the legal authority to prohibit FOG discharges to the sewer system. The proposed ordinance is intended to meet the requirements of the RWQCB order. OCSD has taken a leadership role in developing guidelines and standards that are being used by Orange County cities to implement all of the RWQCB waste discharge requirements. A FOG source control ordinance has been 50A-1 Ordinance Amending Chapter 39 and Section 18.2 of the Municipal Code October 18, 2004 Page 2 prepared by OCSD and made available for use as a model for other agencies. Most of the larger north Orange County cities are crafting similar FOG control ordinances based upon the OCSD model. The proposed Ci ty of Santa Ana FOG control ordinance is modeled after the OCSD ordinance. In 2002, the City participated with other Orange County cities and OCSD in a Phase I FOG Control Research Study, which identified thirteen elements that could be used in a FOG control program. In 2003, the City contracted with EEC, Inc. to inspect 600 of the approximately 730 restaurants in Santa Ana and prepare a FOG Characterization Study. Information gathered from these studies has been used to craft an ordinance specific to Santa Ana. Two public meetings were held at the city yard on August 25 and 31, 2004 to formally present the proposed FOG control program to the business communi ty. Notifications were mailed by the City and the Santa Ana Chamber of Commerce to all 730 Santa Ana food service establishments. Attendance at both meetings was very low. Other Orange County cities and OCSD experienced similar low turnouts at their outreach events. Implementation of the proposed FOG control regulations will require an on-going restaurant inspection program. All restaurants will be required to employ kitchen best management practices to reduce FOG discharges. All new and remodeled restaurants will be required to install grease interceptors. Existing restaurants that continue to cause FOG accumulation in the sewer system will also be required to install grease interceptors. Restaurants that are required to install a grease interceptor but lack sufficient space will be charged an annual Grease Cleaning Fee to offset the City's cost for cleaning excessive grease from the sewer system. The Grease Cleaning Fee will be submitted to the City Council under a separate resolution at a future date. The Public Works Agency will be responsible for enforcing the new ordinance. Amendments to Section 1-18.2 are needed to update the Agency's ability to issue citations. The proposed changes include the ability to cite under provisions of the new FOG ordinance, the National Pollution Discharge Elimination System (NPDES) ordinance and several sections that are the responsibility of the Agency to enforce, but are not currently included in this section. These have been added to the revised ordinance and include: · Sections 18-155 and 18-156 (Health and Sanitation) · Sections 33-36 and 33-193 (Streets, Sidewalks and Public Works) · Section 39-32, 39-56 through 39-58 (Water and Sewers) 50A-2 Ordinance Amending Chapter 39 and Section 18.2 of the Municipal Code October 18, 2004 Page 3 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act the proposed project is exempt. Categorical Exemption ER 2004-214 will be filed after the project is approved. FISCAL IMPACT The annual cost to administer the FOG Control program is estimated at $435,000 per year. Funds are available in the Sanitary Sewer Service Fund (account 56-575). / /} /0"wJA //4- i Ja es G. Ross ecutive Director ublic Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: \, ~.../~/J . . / . /~ .~d R.' 0 ~a Executi e'Director Finance & Mgmt. Services Agency JR/rb/RFCA10-18-04/0rdAmendChapter8,18&39MunicipalCodeFOG 50A-3 ORDINANCE NO. NS-2670 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING CHAPTER 39 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE PREVENTION OF SANITARY SEWER OVERFLOWS BY RESTRICTING CERTAIN LIQUID AND SOLID MATERIALS FROM ENTERING THE SEWER SYSTEM AND AMENDING SECTION 1-18.2 OF THE CODE ADDING SECTIONS TO PUBLIC WORKS CODE ENFORCEMENT THE CITY COUNCIL OF THE CITY OF SANTA ANA ORDAINS AS FOLLOWS: SECTION 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The 2000-2001 Orange County Grand Jury ("Grand Jury") surveyed 35 wastewater collection and treatment agencies in Orange County to help determine the cause of sanitary sewer overflows ("SSOs"). As a result of the survey, the Grand Jury concluded that one of the leading causes of sanitary sewer overflows ("SSOs") is sewer lines becoming clogged from the accumulation of fats, oils and grease ("FOG") discharged from Food Service Establishments ("FSEs"). B. The Grand Jury further concluded that more effective methods of minimizing grease discharges into the sewer system must be developed and implemented to reduce the discharge of FOG to the sewer system in order to prevent sewer blockages and SSOs. C. Similar to the Grand Jury findings, the Regional Water Quality Control Board ("RWQCB") also determined that one of the leading causes of SSOs within the Santa Ana Region is "grease blockages" often caused by the discharge of wastewater containing high levels of FOG. The RWQCB found that SSOs cause temporary exceedances of applicable water quality objectives, pose a threat to the public health, adversely affect aquatic life, and impair the public recreational use and aesthetic enjoyment of surface waters within the City and the region. E. As a result, RWQCB enacted Order No. R8-2002-0014 which requires cities to develop a FOG Control Program to eliminate FOG discharges into the sewer system to prevent the harmful effects of SSOs before December 30, 2004. F. The RWQCB suggest that Cities effective FOG Control Programs will provide cities "legal authority" to regulate FOG as well as other harmful substances entering into the sewer system. 50A-4 G. The Public Works Agency is responsible for the enforcement of various sections of the Santa Ana Municipal Code that relate to discharges into the public water sewer system as well as provisions related to the public streets and sidewalks. H. Section 1-18.2 of the Code authorizes the Executive Director of the Public Works Agency and designees to issue citations for specific violations of the Code. This section is in need of amendment to grant the Agency the right to enforce these FOG regulations as well as other provisions of the Code within the purview of the Public Works Agency. I. During the June 21, 2004 meeting, the City Council was presented a study session detailing the new RWQCB requirements. SECTION 2: The Article III of Chapter 39 of the Santa Ana Municipal Code is hereby amended such that it reads as follows (additions to existing code shown in bold): Sec. 39-56 Fats, Oils and Grease Control Sec. 39-56.1 Purpose and Policy A. The purpose of this section is to allow the maximum beneficial public use of the City's sewer services and facilities while preventing blockages of the sewer lines resulting from discharges of FOG to the Sewer Facilities and to specify appropriate FOG discharge requirements for FSEs. B. To comply with Federal, State, and local policies regarding SSOs and to allow the City to meet applicable standards and provisions for the regulations of wastewater or waste containing FOG discharges to the Sewer Facilities. Sec. 39-56.2 Definitions A. Terms not defined herein shall be defined as set forth in the latest adopted applicable editions of the California Codes applicable to building construction. B. Words used in this section in the singular may include the plural and the plural the singular. Use of masculine shall mean feminine and use of feminine shall mean masculine. Shall is mandatory; may is permissive or discretionary. C. Subject to the foregoing provisions, the following definitions shall apply in this section: 50A-5 Best Management Practices (BMPs) Change in Operations City Manager Discharger Effluent Enforcing Attorney Executive Director Fats, Oils, and Grease ("FOG") FOG Control Program FOG Control Program Manager Schedules of activities, a prohibition of practices, maintenance procedures and other management practices to prevent or reduce the introduction of FOG to the Sewer Facilities. Any change in the ownership, food types, or operational procedures that have the potential to increase the amount of FOG generated and/or discharged by FSEs in an amount that alone or collectively causes or creates a potential for SSOs to occur. The City Manager of the City of Santa Ana or his or her designee. Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer. Discharger shall mean the same as User. Any liquid outflow from the FSE that is discharged to the sewer. The City Attorney or District Attorney acting as counsel to the City and his/her designee. Executive Director of the Public Works Agency or his/her designee. Any substance such as a vegetable or animal product that is used in, or is a by product of the cooking or food preparation process, and that turns or may turn viscous or solidifies with a change in temperature or other conditions. The FOG Control Program required by and developed pursuant to RWQCB Order No. R8- 2002-0014, Section (c){12){viii). The City Manager and persons designated by and under his/her instruction and supervision, which are assigned to administer the FOG Control Program. A consultant retained under contract by the City may be designated as the FOG Control Program Manager. 50A-6 Food Service Establishment (FSE) Food Grinder Grease Control Device Grease Cleaning Fee Grease Interceptor Facilities defined in California Health And Safety Code Section 113785 and any commercial entity, operating in a permanently constructed structure such as a room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, or manufacturing, packaging, or otherwise handling food for sale to other entities, or for consumption by the public, its members or employees, and which has any process or device that uses or produces FOG, or grease vapors, steam, fumes, smoke or odors that are required to be removed by a Type I or Type II hood, as defined in CURFFL Section 113785. Any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by products for the purpose of disposing it in the sewer system. Any grease interceptor, grease trap or other mechanism, device, or process, which attaches to, or is applied to, wastewater plumbing fixtures and lines, the purpose of which is to trap or collect or treat FOG prior to it being discharged into the sewer system. "Grease Control Device" may also include any other proven method to reduce FOG subject to the approval of the City. Grease Cleaning Fee is a fee to cover the costs of increased maintenance of the sewer system for inspection and cleaning of FOG and other viscous or solidifying agents that a properly employed grease control device would otherwise prevent from entering the sewer system. A multi-compartment device that is constructed in different sizes and is generally required to be located underground between a FSE and the connection to the sewer system. These devices must be cleaned, maintained, and have the FOG removed and disposed of in a proper manner on regular intervals to be effective. 50A-7 Grease Trap Hot Spots Inflow Infiltration Interceptor Interference New Construction Public Sewer Person A grease control device that is used to serve individual fixtures and have limited effect and should only be used in those cases where the use of a grease interceptor or other grease control device is determined to be impossible or impracticable. Areas in sewer lines that have experienced sanitary sewer overflows that must be cleaned or maintained frequently to avoid blockages of sewer system, or otherwise require maintenance that would not be necessary. Water entering a sewer system through a direct stormwater runoff connection to the sanitary sewer, which may cause an almost immediate increase in wastewater flows. Water entering a sewer system, including sewer service connections, from the ground through such means as defective pipes, pipe joints, connections, or manhole walls. A grease interceptor. Any discharge which, alone or in conjunction with discharges from other sources, inhibits or disrupts the City's sewer system or is a cause of violation of Federal or State environmental laws. Any structure planned or under construction for which sewer connection permits has not been issued. A sewer owned and operated by the City, or other local public agency, which is tributary to the City's Sewer Facilities. Any individual, partnership, firm, association, corporation or public agency, including the State of California and the United States of America. 50A-8 Remodeling Rules and Regulations Sewer Facilities or System Sewer Lateral Sanitary Sewer Overflow (SSO) User Waste A physical change or operational change causing generation of the amount of FOG that exceeds the current amount of FOG discharged to the sewer system by the FSE in an amount that alone or collectively causes or creates a potential for SSOs to occur; or requires either a discretionary land use approval, building permit, or plumbing permit, and involves anyone or combination of the following: (1) under slab plumbing In the food processing area, (2) an increase in the net public seating area, (3) an increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment. Non-punitive rules and regulations as established by the Executive Director to implement this section and the FOG Control Program. Any and all facilities used for collecting, conveying, pumping, and disposing of wastewater. A building sewer as defined in the latest edition of the California Plumbing Code. It is the wastewater connection between the building's wastewater facilities and a public sewer system. A sewer spill, loss or discharge of sewage from a sanitary sewer system. Any person who discharges or causes a discharge of wastewater directly or indirectly to a public sewer system. User shall mean the same as Discharger. Sewage and any and all other waste substances, liquid, solid, gaseous or radioactive, associated with human habitation or of human and animal nature, including such wastes placed within containers of whatever nature prior to and for the purpose of disposal. 50A-9 Wastewater The liquid and water-carried wastes of the community and all constituents thereof, whether treated or untreated, discharged into or permitted to enter a public sewer. Sec. 39-56.3 Rules and Regulations and Interpretations A. The Executive Director is hereby authorized and directed to promulgate Rules and Regulations consistent with the provisions of this section as may be necessary or desirable to aid in administration of this section and the FOG Control Program. Any such rule or regulation may be added, modified, or deleted as necessitated by changes in law, increased demands of regulatory agencies, or technological improvements or advances. Said Rules and Regulations shall be filed in the office of the Executive Director and maintained in an orderly manner readily accessible to the public. Further, City will provide a copy of said Rules and Regulations to all FSEs at the time of initial inspection for compliance with this section. The burden to secure and comply with the Rules and Regulations shall be upon the FSE and in accordance with the goals and purposes of the FOG Control Program. B. The City Manager, the Director of Public Works, and persons designated and under the instruction and supervision of any of them, may investigate compliance of this chapter. Sec. 39-56.4 Prohibitions The following prohibitions shall apply to all FSEs: A. The discharge into the sewer system of FOG that may accumulate and/or cause or contribute to blockages in the sewer system or at the sewer system lateral except as provided herein. B. The installation of food grinders in the plumbing system of new constructions of FSEs. All existing food grinders shall be removed from FSEs within 180 days of the effective date of this Ordinance. C. The introduction of any additives into a FSEs wastewater system for the purpose of emulsifying FOG, unless a specific written authorization from the FOG Control Program Manager is obtained. D. The disposal of cooking oil into drainage pipes. E. The discharge of wastewater from dishwashers to any grease trap or grease interceptor. 50A-1 0 F. The discharge of wastewater with temperatures in excess of 1400F to any grease control device, including grease traps and grease interceptors. G. The use of biological additives for grease remediation or as a supplement to interceptor maintenance, without prior authorization from the FOG Control Program Manager. H. The discharge of waste from toilets, urinals, washbasins, and other fixtures containing fecal materials to sewer lines intended for grease interceptor service. I. The discharge of any Waste including FOG and solid materials removed from the grease control device to the sewer system. J. Dishwashers and food waste disposal units shall not be connected to or discharged into any grease trap. Sec. 39-56.5 Best Management Practices Required All FSEs shall implement Best Management Practices (BMPs) in their operation to minimize the discharge of FOG to the sewer system. The requirements and guidelines for BMPs are specified in the Rules and Regulations. Sec. 39-56.6 FOG Pretreatment Required Waste, which contains FOG, shall be discharged into the Sewer System only under the conditions of this section. The following facilities shall discharge all waste from sinks, dishwashers, drains, and any other fixtures through which grease may be discharged, into an adequately sized, properly maintained and functioning grease interceptor before the discharge enters the Sewer System, as well as providing a grease interceptor effluent monitoring port: A. New Construction of FSEs 1. A newly constructed FSE(s) shall install grease interceptors prior to commencing the discharge of wastewater to the Sewer System. 2. Existing FSEs undergoing Remodeling or a Change In Operations shall be required to install a grease interceptor prior to commencing the discharge of wastewater to the Sewer System. B. Existina FSEs 50A-11 Existing FSEs are not required to install interceptor unless the FOG Control Program Manager makes a determination that the existing FSE(s) currently are or have the reasonable potential to adversely impact the sewer system by causing or contributing to: (1) FOG hot spots, (2) interference, (3) SSOs, or (4) said FSE is not implementing or complying with BMP's as listed in the Rules and Regulations. Said FSE (s) shall install Grease Interceptors within 180 days after receipt of official notice to install said interceptor unless said FSE obtains a Conditional Waiver as discussed below. C. Conditional Waiver ("waiver") of Interceptor Requirement The FOG Control Program Manager may provide a written waiver to the requirement to install a grease interceptor, listing the conditions upon which said waiver is granted, upon a finding of one or more of the following: (1) The FSE can substantively demonstrate that it employs an alternative pretreatment technology that is equivalent or better than a grease interceptor in controlling its FOG discharge, (2) The FSE provides evidence through downstream visual monitoring of the sewer system for at least three months, at its own expense, that no visible accumulation of FOG in its lateral and/or tributary downstream sewer lines is occurring. (3) There is no potential for FOG from the FSEs to cause or contribute to SSOs. (4) The FSE discharges of FOG are negligible and do not cause a significant impact to the sewer system. (5) The FSE pays a Grease Cleaning Fee in lieu of installation of a grease interceptor. This cleaning fee can be paid in lieu of installation of a grease interceptor when: (1) installation of an interceptor can not physically be accomplished, (2) there is not adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer and (3) no alternative pretreatment can be installed. Further, the FSE must agree to either (a) hire a contractor to clean and inspect the sewer main as established in Rules and Regulations or (b) pay a yearly fee (Grease Cleaning Fee) to the City for the increased cost to clean the sewer mains. The Grease Cleaning Fee shall be established by resolution of the City Council, and shall be based on the estimated annual increased cost of maintaining the sewer system for inspection and removal of FOG and other viscous or solidifying 50A-12 agents attributable to the FSE resulting from the lack of a grease interceptor or grease control device. (6) The FSE may use or may be required to install grease traps, in lieu of installation of a grease interceptor when (1) installation of an interceptor can not physically be accomplished, (2) there is not adequate slope for gravity flow between kitchen plumbing fixtures and the grease interceptor and/or between the grease interceptor and the private collection lines or the public sewer and (3) no alternative pretreatment can be installed. Sizing and installation of grease traps shall conform to the current edition of the California Plumbing Code. Grease traps shall be maintained in efficient operating conditions by periodic removal of their full content, including sewage, FOG, floating materials, sludge and solids. The maintenance frequency for all FSEs with grease traps is specified in FOG Control Program Rules and Regulations. D. Revocation of Waiver The Program Manager may revoke a waiver upon a determination of one or more of the following: 1. Quantity of FOG discharge as measured or as indicated by the size of FSEs based on seating capacity, number of meals served, menu, water usage, amount of on-site consumption of prepared food and other conditions have changed since the granting of said waiver such that the FSE is contributing to FOG discharges. 2. Adequacy of implementation and compliance with BMPs. 3. Change in sewer size, grade, and condition based on visual information. 4. Changes in operations that significantly affect FOG discharge. 5. Failure to comply with any of the conditions set forth in the waiver. 6. Any other condition deemed reasonably related to the generation of FOG discharges by the FOG Control Program Manager. Sec. 39-56.7 Grease Interceptor Requirements A. All Interceptors shall be of an approved type and adequately sized and shall be installed, operated, and maintained as necessary to maintain compliance with the objectives of this section. 50A-13 B. Fixtures, equipment, and drain lines located in the food preparation and cleanup areas of FSEs that are sources of FOG discharges shall be connected to the grease interceptor. C. Grease Interceptors shall be constructed in accordance with the design approved by the FOG Control Program Manager and in accordance with applicable UPC design requirements and shall have a minimum of two compartments with fittings designed for grease retention. D. The grease interceptor shall be installed at a location where it shall be at all times easily accessible for inspection, cleaning, and removal of accumulated grease. E. Access manholes, with a minimum diameter of 24 inches, shall be provided over each grease interceptor chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed and maintained to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, grease removal, and wastewater sampling activities. Sec. 39-56.8 Grease Interceptor Maintenance Requirements Grease Interceptors shall be maintained in efficient operating condition by periodic removal of the full content of the interceptor. The maintenance frequency for all FSEs with a Grease Interceptor is specified in the Rules and Regulations. No FOG that has accumulated in a grease interceptor shall be allowed to pass into any sewer lateral, sewer system, storm drain, or public right of way during maintenance activities. FSEs with grease interceptors are required to maintain data and information necessary to establish the maintenance grease interceptors. Said documentation shall be provided to the Program Manager as requested. Sec. 39-56.9 Multiple FSEs Located on The Same Property Property owners with more than one FSE located on said property shall be responsible for the installation and maintenance of a grease interceptor(s). Sec. 39-56.10 Monitoring for Compliance In an effort to minimize the discharge of FOG to the sewer system the FOG Control Program Manager may require the FSE to monitor and/or sample wastewater for compliance with the Rules and Regulations. 50A-14 Sec. 39-56.11 Record Keeping Requirements All FSEs shall be required to keep records in accordance with the Rules and Regulations established by the City under its FOG Control Program for no less than two years. Required records include grease interceptor/trap maintenance and cleaning logs, employee-training logs, waste hauling manifest, interceptor sampling data, and facility plumbing and mechanical plans. The FSE shall, upon reasonable request, make the records available to the Program Manager or his designee. Sec. 39-56.12 Inspection and Sampling Conditions A. The FOG Control Program Manager or his designee may inspect or order the inspection and sample the wastewater discharges of any FSE to ascertain whether the FSE is complying with all requirements of this section. The FSE shall allow the City access to the FSE premises, during normal business hours for purposes of inspecting the FSEs grease control devices or interceptor, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices or interceptor. Where a FSE has security measures in force, the FSE shall make necessary arrangements so that representatives of the City shall be permitted to enter without delay for the purpose of performing their specific responsibilities/inspections. B. The FOG Control Program Manager or his designee shall have the right to place or order the placement on the FSEs property such devices as are necessary to conduct sampling or metering operations. The FSE shall make available for inspection and copying by the Program Manager or his designee all notices, monitoring reports, waste manifests, and records including, but not limited to, those related to wastewater generation, and wastewater disposal without restriction but subject to the confidentiality provision set forth in this section. All such records shall be kept by the FSE a minimum of two (2) years. Sec. 39-56.13 Right of Entry Persons or occupants of premises where wastewater is created or discharged shall allow the FOG Control Program Manager or his designee, reasonable access to all parts of the wastewater generating and disposal facilities for the purposes of inspection and sampling during all times the Discharger's facility is open, operating, or any other reasonable time. No person shall interfere with delay, resist or refuse entrance to City representatives attempting to inspect any facility involved directly or indirectly with a discharge of wastewater to the City's sewer system. If 50A-15 entry is refused, the FOG Control Manager or his designee shall have recourse to the remedies provided by law to secure entry. Sec. 39-56.14 Emergency Notification Requirements A. In the event a FSE is unable to comply with any section condition due to a breakdown of equipment, accidents, or human error or the FSE has reasonable opportunity to know that his/herlits discharge will exceed the discharge provisions of the this section, the Discharger shall immediately notify the Program Control Manager. If the material discharged to the sewer has the potential to cause or result in sewer blockages or SSOs, the Discharger shall immediately notify the local Health Department and the City. B. Confirmation of this notification shall be made in writing to the FOG Control Program Manager no later than five (5) working days from the date of the incident. The written notification shall state the date of the incident, the reasons for the discharge or spill, what steps were taken to immediately correct the problem, and what steps are being taken to prevent the problem from recurring. C. Such notification shall not relieve the FSE of any expense, loss, damage or other liability which may be incurred as a result of damage or loss to the city or any other damage or loss to person or property; nor shall such notification relieve the FSE of any fees or other liability which may be imposed by this section or other applicable law. Sec. 39-56.15 Emergency Suspension Order The City may, by order of the City Manager, suspend sewer service when the City Manager determines that such suspension is necessary in order to stop an actual or impending discharge which presents or may present an imminent or substantial endangerment to the health and welfare of persons, or to the environment, or may cause SSOs, sewer blockages, interference to the City's Sewer Facilities, or may cause the City to violate any State or Federal Law or Regulation. Any Discharger notified of and subject to an Emergency Suspension Order shall immediately cease and desist the discharge of all wastewater containing FOG to the sewer system. Sec. 39-56.16 Nuisance Any condition that the FOG Control Manager determines may result in the discharge of waste, which causes or contributes to any sewer blockage, SSOs, obstruction, interference, damage, or any other impairment to the city's Sewer Facilities or to the operation of those facilities shall constitute a threat to the public health, safety and welfare, 50A-16 and is declared and deemed a public nuisance and may be summarily abated as such. Sec. 39-56.17 Violations of Other Laws Any person acting in violation of this section also may be acting in violation of the Federal Clean Water Act or the State Porter-Cologne Act and other laws and also may be subject to sanctions including civil liability. Accordingly, the enforcing attorney is authorized to file a citizen suit pursuant to Federal Clean Water Act Section 505(a), seeking penalties, damages, and orders compelling compliance, and other appropriate relief. The enforcing attorney may notify EPA Region IX, the California Regional Water Quality Control Board, or any other appropriate state or local agency, of any alleged violation of this section. Sec. 39-56.18 Other Civil Remedies The enforcing attorney may file an action for civil damages in a court of competent jurisdiction seeking recovery of: A. All costs incurred in enforcement of the section, including but not limited to costs relating to investigation, sampling, monitoring, inspection, administrative expenses, all other expenses as authorized by law, and consequential damages; B. All costs incurred in mitigating harm to the environment or reducing the threat to human health; and C. Damages for irreparable harm to the environment. The remedies available to the City pursuant to the provisions of this article shall not limit the right of the City to seek any other remedy that may be available by law. Sec. 39-57 Infiltration and Inflow into Sewer System All City owned sewer lines and private onsite sewer lines and laterals should be constructed and maintained to prevent water infiltration into the sewer system. Private on-site sewer lines and public sewer lines shall be used only to convey raw sewage. Rainfall runoff sources (including, but not limited to roof drains, site drains, inlets, uncovered wash area drains, etc.) are prohibited from connecting to any public or private sanitary sewer pipeline. 50A-17 Sec. 39-58 No person shall introduce any of the following into the City's sewer system: A. Pollutants that create a fire or explosion hazard in the sewer collection system or the Publicly Owned Treatment Works (POTW), including, but not limited to, waste streams with a closed cup flashpoint of less than 1400 Fahrenheit or 600 Centigrade using the test methods specified in 40 CFR 261.21. B. Pollutants that will cause corrosive structural damage to the sewer collection pipes and structures, but in no case Discharges with pH lower than 5.0, unless the works in specifically designed to accommodate such Discharges. C. Solid or viscous substances in amounts which will cause obstruction to the flow in the sewer collection system or the POTW resulting in interference. D. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause interference with the POTW. E. Heat in amounts, which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400 Centigrade (1040 Fahrenheit) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits. F. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil in amounts that will cause interference or pass through. G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the sewer collection system or the POTW in a quantity that may cause acute worker health and safety problems. H. Any trucked or hauled pollutants. I. Large volume discharges in a short period of time (slug flows) that adversely effect the operational capacity of the sewer. SECTION 3: That Article I of Chapter 1 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: (additions to existing code shown in bold deletions in strikeout) Sec. 1-18.2 Public Works Agency Authority to Issue Citations The Executive Director of Public Works Agency or his designee has the duty to enforce the provisions of sections 10-26, 10-27, 10-71 and 10-100, 16-1 through 16-4, 16-30, 50A-18 16-31,16-33 through 16-37.5,16-39,16-48,18-17,18-155,18-156, 36-148,33-30,33- 60,33-62,33-152,33-157,33-162,33-188,33-36, 33-189 through 33-192, 33-193 36- 45, 36-46, 39-26, 39-32, 39-33, 39-56 through 39-58, 39-106 through 39-111, and provisions of article IV of chapter 18 of this Code. The Executive Director of the Public Works Agency or his designee is authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section and the person arrested does not demand to be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, of part 2 of the Penal Code of the State of California. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2004. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney 50A-19 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2670 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-20