HomeMy WebLinkAboutOrd 2013ORDINANCE NO. 2013
AN ORDINANCE OF THE CITY OF BURLINGAME AMENDING CHAPTER 15.10 OF THE
BURLINGAME MUNICIPAL CODE TO UPDATE TERMINOLOGY TO BE CONSISTENT WITH
THE PLUMBING CODE AND TO CLARIFY WASTEWATER DISCHARGE PERMIT
REQUIREMENTS; CEQA DETERMINATION: EXEMPT PURSUANT TO STATE CEQA
GUIDELINES SECTIONS 15378 AND 15061(b)(3)
WHEREAS, food service establishments are the main sources of fats, oils, and grease (FOG)
discharges to wastewater collection system; and
WHEREAS, the City of Burlingame regulates food service establishments and their discharge of
fats, oils, and grease into the sanitary sewer through the Burlingame Municipal Code Chapter
15.10 Sanitary Sewer Use Regulations; and
WHEREAS, under this chapter, all facilities that discharge industrial wastewaters either directly
or indirectly to the sanitary sewer are required to obtain a wastewater discharge permit per Section
15.10.070; and
WHEREAS, Chapter 15.10 was first adopted in 1970 with amendments last made in 2011; and
WHEREAS, the proposed updates to Chapter 15.10 are intended to increase clarity and to be
consistent with the California Plumbing Code in order to prevent confusion and/or avoid
misinterpretation of the regulations; and
WHEREAS, the proposed ordinance also clarifies that any user, including food service
establishments, with waste that negatively impacts the wastewater treatment facility, will be
required to obtain a wastewater discharge permit issued by the City; and
WHEREAS, given that Chapter 15.10 has not been updated since 2011, staff proposes minor
updates to the code to address the terminology discrepancy between the existing code and the
California Plumbing Code and to clarify wastewater discharge permit requirements.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BURLINGAME DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that the proposed Ordinance is in the public
interest.
Section 3. The proposed Ordinance is not a project within the meaning of section 15378
of the CEQA Guidelines because it has no potential for resulting in physical change in the
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environment, either directly or ultimately. In the event that this Ordinance is found to be a project
under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect
on the environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The City Council of the City of Burlingame hereby declares that it
would have adopted the Ordinance and each section, subsection, sentence, clause or phrase
thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses
or phrases be declared unconstitutional.
Section 5. Section 15.10.015, “Definitions” of Chapter 15.10 of Title 15 of the
Burlingame Municipal Code is amended as follows. Additions are reflected by underlined text
and deletions with strike out text.
15.10.015 Definitions.
(e) “E” Definitions.
(1) Effluent. “Effluent” means the liquid outflow of any facility designed to treat, convey, or
retain wastewater.
(2) Engineer. “Engineer” means the City Director of Public Works.
(3) Existing Source. “Existing source” means a source of discharge that is not a new source.
(f) Reserved. “F” Definitions.
(1) Fats, Oils, and Grease (FOG). “Fats, oils, and grease (FOG)” means organic polar compounds
derived from animal and/or plant sources that contain multiple carbon chain triglyceride
molecules.
(g) “G” Definitions.
(1) Garbage. “Garbage” means wastes from the preparation, cooking and dispensing of foods,
and from the handling, storage, and sale of produce.
(2) Grab Sample. “Grab sample” means a single discrete sam ple collected at a particular time
and place which represents the composition of the waste stream only at that time and place with
no regard to the flow in the waste stream.
(3) Gravity Separation Interceptor. “Gravity separation interceptor” means any facility designed,
constructed, and operated for the purpose of removing and retaining dangerous, deleterious, or
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prohibited constituents from wastewater by differential gravity separation before discharge to the
public sewer. Grease Interceptor. “Grease interceptor” means a plumbing appurtenance or
appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oil, and
greases (FOG) from a wastewater discharge.
(i) Gravity Grease Interceptor. “Gravity grease interceptor” means a plumbing appurtenance or
appliance that is installed in a sanitary drainage system to intercept nonpetroleum fats, oils, and
greases (FOG) from a wastewater discharge and is identified by volume, 30-minute retention
time, baffle(s), not less than two compartments, a total volume of not less than 300 gallons (1135
L), and gravity separation.
(ii) Hydromechanical Grease Interceptor. “Hydromechanical grease interceptor” means a
plumbing appurtenance or appliance that is installed in a sanitary drainage system to intercept
nonpetroleum fats, oil, and grease (FOG) from a wastewater discharge and is identified by flow
rate, and separation and retention efficiency.
(4) Grease. “Grease” means ether-soluble matter, and shall include each of the following two
(2) types:
(i) Dispersed grease, which means grease which is not floatable grease;
(ii) Floatable grease, which means grease which floats on the surface of quiescent sewage
water or other liquid or which floats when mixed or added to water.
(5) Groundwater Discharger. “Groundwater discharger” means a discharger that pumps and
treats contaminated groundwater and discharges to the sanitary sewer system. This class of
discharger is variable, so that some permits are a year in length while others may be written for a
week. Hydrocarbons are the most common pollutants.
(i) “I” Definitions.
(1) Incompatible Pollutant. “Incompatible pollutant” means any pollutant that is not a “compatible
pollutant” as defined above.
(2) Industrial Connection Sewer. “Industrial connection sewer” means the sewer connecting the
building sewer or building waste drainage system to the public sewer for the purpose of conveying
industrial wastewater.
(3) Industrial User. “Industrial user” means any non-residential user that discharges industrial
wastes to the sanitary sewer system.
(4) Industrial Wastes. “Industrial wastes” means the wastes from producing, manufacturing and
processing operations of every kind and nature.
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(5) Industrial Wastewater. “Industrial wastewater” means all water-carried wastes and
wastewater of the community, excluding domestic wastewater and uncontaminated water, and
includes all wastewater from any producing, manufacturing, processing, institutional, commercial,
agricultural, or other operation where the wastewater discharged includes significant quantities of
wastes from non-human origin.
(6) Inspector. A person authorized by the director to inspect wastewater generation,
conveyance, processing, disposal, and monitoring facilities.
(7) Interference. Interceptor. “Interceptor” means a food service device designed and installed to
separate and retain deleterious, hazardous, or undesirable matter from normal wastes and permit
normal sewage or liquid wastes to discharge into the disposal terminal by gravity.
(8) Interference.
(i) “Interference” means a discharge which alone, or in conjunction with a discharge or
discharges from other sources, inhibits or disrupts the processes or operation of the sanitary
sewer system, including the POTW, prevents the POTW from using its chosen sludge
use/disposal practice, or causes or significantly contributes to a violation of any requirement of
the National Pollutant Discharge Elimination System (NPDES) Permit, which is a permit issued to
the city pursuant to Section 402 of the Act.
(ii) “Interference” also includes prevention of bio-solids use or disposal by the POTW in
accordance with published regulations providing guidelines under Section 405 of the Act [33
U.S.C. §§1251-1387] or in regulations developed pursuant to the Solid Waste Disposal Act
(SWDA) [42 U.S.C. §§6901, et seq.], the Toxic Substances Control Act [15 U.S.C. §§2601-2654],
or more stringent state regulations (including those contained in any state bio-solids management
plan prepared pursuant to Title IV of SWDA) applicable to the method of disposal or use employed
by the POTW.
Section 6. Section 15.10.017, “Abbreviations” of Chapter 15.10 of Title 15 of the
Burlingame Municipal Code is amended as follows. Additions are reflected by underlined text
and deletions with strike out text.
15.10.017 Abbreviations.
When used in this chapter or in connection with any resolution, regulation, permit, order, or other
action undertaken pursuant to this chapter, the following abbreviations shall have the following
meanings:
BMP — Best Management Practice
BOD — Biochemical Oxygen Demand
CFR — Code of Federal Regulations
COD — Chemical Oxygen Demand
CPC — California Plumbing Code
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EPA — Environmental Protection Agency
FOG — Fats, Oils, and Grease
L — Liter
mg — Milligrams
mg/L — Milligrams per Liter
NPDES — National Pollutant Discharge Elimination System
POTW — Publicly Owned Treatment Works
SIC — Standard Industrial Classification
SIU — Significant Industrial User
SWDA — Solid Waste Disposal Act [42 U.S.C. Section 6901 et seq.]
USC — United States Code
TSS — Total Suspended Solids
Section 7. Section 15.10.066, “Interceptors required” of Chapter 15.10 of Title 15 of the
Burlingame Municipal Code is amended as follows. Additions are reflected by underlined text
and deletions with strike out text.
15.10.066 Interceptors required.
(a) Any type of business or establishment where grease or other objectionable materials may be
discharged into a public or private sewage main or disposal system shall have a grease removal
device of a size that is required to install an interceptor shall be consistent with the recommended
procedure for sizing, design, and installation based on the current adopted California Plumbing
Code and design approved by the Director of Public Works.
(b) Each grease removal device interceptor shall be so installed and connected that it shall be
at all times easily accessible for inspection, cleaning and removal of grease.
(c) The grease removal device interceptor should be situated on the discharger’s premises but
when such a location would be impractical or cause undue hardship on the discharger, the city
may issue an encroachment permit to allow the device to be installed in the public street or
sidewalk area and located so that it will not be obstructed by landscaping or parked vehicles.
However, such a device shall not at any time pose a hazard or obstruction to public use of the
street or sidewalk area.
(d) Waste discharge from fixtures and equipment in establishments which may contain grease
or other objectionable materials including, but not limited to, scullery sinks, pot and pan sinks,
dishwashers, food waste disposals, soup kettles, mop sinks, floor sinks, and floor drains located
in areas where such objectionable materials may exist, may be drained into the sanitary waste
through the grease removal device interceptor when approved by the director provided, however,
that toilets, urinals, wash basins, and other fixtures containing fecal material shall not flow through
the grease removal device interceptor. Interceptors shall be located upstream of any dishwashers
or discharges exceeding one hundred ten (110) degrees Fahrenheit. Heat in amounts that may
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cause interference with the FOG separation process shall not be connected to a grease
interceptor unless approved by the Director of Public Works.
(e) Grease removal devices Interceptors shall be maintained in efficient operating condition by
periodic removal of the accumulated grease in accordance with the manufacturer’s operations
manual or as deemed by the inspector. The use of chemicals to dissolve grease is specifically
prohibited. No accumulated grease shall be introduced into any drainage piping or public or
private sewer. Users with oil and grease removal devices interceptors shall maintain them in good
operating condition at all times.
(f) The discharger shall develop and maintain a record of periodic maintenance, and pumping
of the removal device interceptor records shall be retained for a period of not less than three (3)
years. All records shall be available for inspection in either physical or electronic form.
(g) Pumping shall be sufficiently frequent to prevent objectionable odors, surcharge of the
removal device interceptors, or interference with the operation of the sanitary sewer system.
(h) Abandoned grease interceptors shall be emptied and filled as required for abandoned septic
tanks in accordance with the California Plumbing Code.
(i) Existing users may be required to install an interceptor for the proper handling of grease-
laden wastewaters approved by the Director of Public Works. The discharger is responsible for
obtaining all necessary permits before installing a required interceptor.
Section 8. Section 15.10.070, “Wastewater discharge permit required” of Chapter 15.10
of Title 15 of the Burlingame Municipal Code is amended as follows. Additions are reflected by
underlined text and deletions with strike out text.
15.10.070 Wastewater discharge permit required.
(a) No person shall discharge, or cause or allow or permit to be discharged any industrial
wastewaters, or any waste that alone or in conjunction may cause interference or pass through
the POTW, directly or indirectly to sewage facilities owned by the city without first obtaining a city
permit for industrial wastewater discharge.
(b) A permit shall be issued for a specified time period, not to exceed five (5) years. A permit
may be issued for a period less than a year or may be stated to expire on a specific date. The
discharger shall apply for permit reissuance a minimum of forty-five (45) days prior to the
expiration of the user's existing permit.
Section 9. This Ordinance shall become effective 30 days after its adoption. The City
Clerk is directed to publish this ordinance in a manner required by law.
Section 10. Sections 5, 6, 7, and 8 of this Ordinance shall be codified in the Burlingame
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Municipal Code. Sections 1, 2, 3, 4, 9, and 10 shall not be so codified.
_________________________________
Michael Brownrigg, Mayor
I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing
ordinance was introduced at a public hearing at a regular meeting of the City Council held on the
17th day of January, 2023, and adopted thereafter on the 6th day of February, 2023, by the
following vote:
AYES: Councilmembers: BEACH, BROWNRIGG, COLSON, ORTIZ, STEVENSON
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
________________________________
Meaghan Hassel-Shearer, City Clerk
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