It is the intent of this section to establish regulations for the disposal of grease (defined to mean "fats, oils and grease" or "FOG") and other insoluble waste discharges from food facilities within the city of Fountain Valley. The purpose is to facilitate the maximum beneficial public use of the sanitary sewer systems while at the same time attempting to prevent blockages of those sanitary sewer systems as a result of the discharge of FOG, and to specify appropriate FOG disposal requirements for food facilities and multiple dwelling units to protect the public health and safety. This chapter is specifically enacted to comply with the Clean Water Act and orders promulgated by the Regional Water Quality Control Board ("RWQCB") related to the NPDES permit in effect for the watershed.
(Ord. 1354 § 1, 2004)
The following definitions shall apply:
"Building official"
shall mean the building official, or his or her designee.
"Change in operations"
shall mean any change in the ownership, food types or operational procedures that have the potential to increase by 25% the amount of fats, oils or grease used or generated by food preparation.
"Fat, oil and grease" ("FOG")
shall mean 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.
"Food facility"
as defined in California Uniform Retail Food Facilities Law (CURFFL) Section 113785, shall mean any commercial entity within the city, 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 equipment 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.
"Food grinder"
shall mean 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 sanitary sewer system.
"Grease control device"
shall mean any grease interceptor, grease trap or other mechanism or equipment, which attaches to wastewater plumbing fixtures and lines, the purpose of which is to trap/collect FOG prior to it being discharged into the sanitary sewer system. There are two primary types of grease control devices:
(1) 
A "grease interceptor"
is a two- or three-compartment device that is generally required to be located, according to the Uniform Plumbing Code, underground between a food facility and the connection to the sanitary sewer system. These devices can be large (in excess of 750 gallons) and primarily use gravity to separate FOG from the wastewater as it moves from one compartment to the next. These devices must be cleaned, maintained and have the FOG removed and disposed of in a proper manner on a regular interval to be effective. Interceptors shall be structurally intact, including acceptable internal plumbing, manhole inspection covers, baffles between chambers and a structure not compromised by intruding tree roots, etc.
(2) 
A "grease trap"
is a device much smaller than a grease interceptor and services up to a maximum of four individual fixtures. Grease traps need to be emptied more often than grease interceptors to be effective due to their small size. Grease traps have limited effect and should only be used in those cases where the use of a grease interceptor is determined to be impossible or impracticable.
"Grease disposal mitigation fee"
shall mean a fee charged to an owner/operator of a food facility or multiple dwelling unit when there are physical limitations to the property that make the installation of the usual and customary grease interceptor for the food facility under consideration, impossible or impracticable.
"Impossibility/impracticability"
shall mean, in addition to that which is physically or legally impossible, that which is so difficult to accomplish because of excessive or unreasonable cost. The fact that grease interceptors are expensive or the fact that excavation of paved surfaces may be required will not alone cause impracticability.
"Limited food preparation establishments"
shall mean establishments engaged only in reheating, hot holding or assembly of ready to eat food products. It does not include any operation that changes the form, flavor or consistency of food. For purposes of this chapter, a limited food preparation establishment is not considered to be a food facility.
"Multiple dwelling unit"
shall mean a building designed and used by three or more families or similar groups of persons living independently of each other which has a common sewer or sewer connection to the city's sewer main.
"Remodeling"
shall mean a physical change to a food facility that requires a permit, or involves any one or more combination of the following: (1) under-slab plumbing in the food processing area, (2) a 20% increase in the net public seating area, (3) a 20% increase in the size of the kitchen area, or (4) any change in the size or type of food preparation equipment.
"Sewer lateral"
shall mean a building sewer (sanitary) as defined in the Uniform Plumbing Code and as further defined in this code.
"SSO"
shall mean a sewage system overflow.
(Ord. 1354 § 1, 2004)
(a) 
All fixtures, equipment and drain lines located in the food preparation and clean up areas of food facilities that are sources of FOG discharge shall be connected to an approved grease interceptor unless otherwise determined in accordance with the provisions of this section. Dishwashers or other fixtures discharging emulsifying agents (e.g., detergents) shall be connected to the sanitary sewer system such that their potential to adversely impact the operation of the grease control device operation is minimized.
(b) 
Grease interceptors shall be used in all new food facilities where it is necessary to install a grease control device, shall have a minimum capacity of 750 gallons, and shall have a direct flow-through sample box. New food facilities shall follow sizing criteria for larger devices as specified by resolution of the city council.
(c) 
Grease interceptors may be required for multiple dwelling units which have experienced multiple SSOs following adoption of the ordinance codified in this chapter. If it is impossible or impractical to install a grease interceptor for a multiple dwelling unit that has experienced multiple SSOs following adoption of the ordinance codified in this chapter, the owner shall agree to comply with such measures as the building official shall impose to mitigate the problems likely to be caused by the multiple dwelling unit, including any combination of the following:
(1) 
Installation of other devices, such as grease traps;
(2) 
Security and other assurances that appropriate maintenance will occur; and
(3) 
The posting of bonds or payment of such amounts of money as will reimburse the city for its costs in performing extra line cleaning or similar preventative or remedial work.
(d) 
All existing food facilities undergoing remodeling or a change in operations shall be required to install grease control devices with each chamber readily and easily capable of cleaning and inspection of each chamber from the surface and shall include a downstream sample box in accordance with the Uniform Plumbing Code as determined by the building official.
(e) 
All existing food facilities that have caused documented SSOs within the last three years of the effective date of the ordinance codified in this chapter shall install a grease interceptor within one year of the effective date of the ordinance codified in this chapter. Appropriate due process shall be afforded before the determination is made.
(f) 
All existing food facilities that cause an SSO after the effective date of the ordinance codified in this chapter shall install a grease interceptor within one year of the date of the SSO. Appropriate due process shall be afforded before this determination is made.
(g) 
Property owners of commercial properties shall be required to install and maintain approved grease control devices serving multiple food facilities that are located on a single parcel, in accordance with the Uniform Plumbing Code.
(h) 
No certificate of use and occupancy shall be issued for a food facility that is required to have an approved grease control device, until such device has been installed, inspected and approved by the building official.
(i) 
It is the intent of this chapter that existing food facilities that have remained in continuous operation and were never required to install a grease interceptor and which have never caused an SSO, shall be allowed to continue to operate without a grease interceptor.
(j) 
The building official may establish additional guidelines to supplement this chapter regarding, but not limited to:
(1) 
Design and construction of grease control devices;
(2) 
The management, operation and maintenance standards for grease control devices; and
(3) 
Kitchen best management practice to prevent FOG from entering the devices.
(k) 
Upon the effective date of the ordinance codified in this chapter, the installation of food grinders in the plumbing system of new food facilities shall be prohibited.
(l) 
Upon the effective date of the ordinance codified in this chapter, the introduction of any additives into a food facility's wastewater system for the purposes of emulsifying FOG, is prohibited without the specific written authorization from the sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the food facility.
(Ord. 1354 § 1, 2004; Ord. 1621, 3/4/2025)
(a) 
Within six months of the effective date of the ordinance codified in this chapter, all existing and newly installed grease control devices shall be maintained in a manner consistent with a maintenance plan approved by the building official.
(1) 
No FOG that has accumulated in a grease control device shall be allowed to pass into any sewer lateral, sanitary sewer system, storm drain or public right-of-way during maintenance activities.
(2) 
Each new and existing food facility with a grease control device shall have an approved maintenance plan which specifies the minimum maintenance frequency for removal of all accumulated FOG from the grease control device, which shall be determined as follows:
(3) 
For new food facilities, the minimum maintenance frequency for interceptors shall be as follows:
Type of Establishment
Minimum Maintenance Frequency
Take out only
Every 45 days
With wok stoves, deep fryers or more than one griddle
Every 20 days
Take out & seating
Every 60 days
With wok stoves, deep fryers or more than one griddle
Every 30 days
Seating only
Every 90 days
With wok stoves, deep fryers or more than one griddle
Every 60 days
(b) 
For existing food facilities with a grease interceptor, the maintenance plan shall be determined in one of the following methods:
(1) 
In the same manner as for new food facilities under subsection (a)(3) of this section; or
(2) 
The owner/operator of a food facility in existence on the effective date of the ordinance codified in this chapter, may submit an application to the building official requesting that a maintenance plan other than that identified in subsection (a)(3) of this section, be imposed on that food facility, due to the fact that the food facility has been following a regular maintenance cycle in the past, and based on the particular food facility operation, the current regular maintenance plan is adequate to guard against FOG passing into the sanitary sewer system. Upon a determination by the building official that an acceptable grease control device maintenance plan is being followed that meets the minimum requirements set forth in the Uniform Plumbing Code, then it may be used as the approved maintenance plan for that particular food facility.
(3) 
In the event it is determined that a food facility, as a result of a change in operations, is using a grease interceptor that is smaller in capacity than would be required for that food facility under this chapter, the building official may allow the food facility to continue to operate with the smaller grease interceptor, provided the food facility prepares a maintenance plan acceptable to the building official that requires more frequent servicing than would otherwise be required if the proper sized grease interceptor was installed.
(c) 
Notwithstanding the above, if any grease interceptor at any time contains floating oil/grease in the final chamber, or sludge in any chamber that is within two inches of the discharge outlet, or contains solids in excess of twenty-five percent of the total capacity of the grease interceptor, the owner and/or operator of the food facility shall have the grease interceptor serviced such that all fats, oils, grease, sludge and other materials are completely removed from the grease interceptor after which the interceptor shall be refilled with cold water.
(d) 
Notwithstanding the above, all existing food facilities with a grease interceptor shall be serviced not less than every 180 days. grease traps shall be cleaned of all material on a daily basis.
(e) 
The owner and/or operator of a food facility with an approved grease control device, shall be required to keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than two years. The owner and operator of a food facility shall, upon request, make the manifests, receipts and invoices available to any county health care or code enforcement representative, or his or her designee, representative of a local sanitation agency that has jurisdiction of the sanitary sewer system that services the food facility, or any authorized inspector that has jurisdiction under the water quality ordinance.
(f) 
The owner and/or operator of a food facility with a grease control device shall allow any county health care or code enforcement representative or a representative of the local sanitation agency that has jurisdiction of the sanitary sewer system that services the food facility, or any authorized inspector that has jurisdiction under the water quality ordinance, access to the food facility premises, during normal business hours, for purposes of inspecting the food facility's grease control devices, reviewing the manifests, receipts and invoices relating to the cleaning, maintenance and inspection of the grease control devices.
(g) 
The owner and/or operator of a food facility shall be required to file a declaration under penalty of perjury, on such form as the building official shall approve, demonstrating that the duties imposed by this chapter have been performed. No certificate of occupancy shall be issued unless full compliance with this chapter has been determined.
(Ord. 1354 § 1, 2004)
If it is impossible or impractical to install a grease interceptor in an existing food facility, the business owner and operator shall agree to comply with such measures as the building official shall impose to mitigate the problems likely to be caused by the business, including any combination of the following:
(a) 
Installation of other devices, such as grease traps;
(b) 
Security and other assurances that appropriate maintenance will occur; and
(c) 
The posting of bonds or payment of such amounts of money as will reimburse the city for its costs in performing extra line cleaning or similar preventative or remedial work.
(Ord. 1354 § 1, 2004)
Any decision of the building official may be appealed by any owner or operator of a food facility or multiple dwelling unit affected by the decision, to the planning director.
(Ord. 1354 § 1, 2004)
(a) 
It shall be unlawful for the owner or operator of a food facility or multiple dwelling unit if he, she or it:
(1) 
Fails to install an approved grease control device as required by this chapter; or
(2) 
Makes any false statement, representation, record, report, plan or other document that is filed with the city, county or other local agency required by this chapter; or
(3) 
Tampers with or knowingly renders inoperable any grease control device required under this chapter; or
(4) 
Fails to clean, maintain or remove grease from a grease control device within the required time for such cleaning, maintenance or grease removal; or
(5) 
Fails to keep up-to-date and accurate records of all cleaning, maintenance and grease removal for the food facility's grease control device and upon request to make those records available to any county health care or code enforcement representative, or his or her designee, any representative of a local sanitation agency that has jurisdiction over the sanitary sewer system that services the food facility, or any authorized inspector that has jurisdiction under the water quality ordinance; or
(6) 
Refuses a city or county health care or code enforcement representative, or his or her designee, a representative of a local sanitary sewer agency that has jurisdiction over the sanitary sewer system that services the food facility, or any authorized inspector that has jurisdiction under the water quality ordinance, reasonable access to the food facility for the purposes of inspecting, monitoring or reviewing the grease control device manifests, receipts, invoices or any other record of all cleaning, maintenance, grease removal of/from the grease control device and/or to inspect the grease control device; or
(7) 
Disposes of, or knowingly allows or directs FOG to be disposed of, in an unlawful manner; or
(8) 
Introduces additives into a wastewater system for the purposes of emulsifying fats, oils and grease without written, specific authorization from the sanitary sewer agency that has jurisdiction of the sanitary sewer system that services the food facility; or
(9) 
Fails to undertake the mitigation measures set forth in Section 14.38.040; or
(10) 
Fails to file the required declaration.
(Ord. 1354 § 1, 2004)
Provided the city can prove that a person, firm or corporation caused grease build up so that a city line or appurtenance is damaged or so that a SSO occurs, the city may charge the responsible person for that damage and for the abatement costs thereof. The city shall first provide the ostensibly responsible person with a copy of the evidence that forms the basis of the proof and a copy of the building official tentative conclusions about the cause of the grease and a copy of this chapter. The responsible person shall have an appropriate amount of time to respond to charges in a hearing in which appropriate due process will be provided. Generally, at least ten days notice of the hearing shall be given. If possible, the responsible person shall be given notice at the time of the sewer overflow or damage if the person is believed to be the cause at that time. The responsible person shall also be provided with a copy of the charges incurred to date before the hearing if those are available. To the extent legally permissible, abatement charges may also include any fines or costs imposed on the city by the regional water quality control board or similar entity.
(Ord. 1354 § 1, 2004)