§ 5-6.1001. Definitions.

(a)

Best Management Practices (BMPs). Activities, prohibitions, maintenance procedures and other management practices to prevent or reduce the direct or indirect introduction of fats, oils and grease (FOG) into the collection system.

(b)

Change in Operations. Any of the following: 1) ownership or name change; 2) changes in food types processed at a food service establishment; 3) operational procedures that have the potential to change the amount of FOG discharged by food service establishments (FSEs) or Mobile Food Facilities (MFFs) in an amount that alone or collectively causes or creates a potential for a sanitary sewer overflow (SSO) to occur.

(c)

City. The City of Modesto, a municipal corporation of the State of California.

(d)

Collection System. Consisting of all pumps, pipes, conduits, manholes and all other infrastructure, whose purpose is conveying or collecting wastewater discharge to the wastewater plant, excluding private sewer laterals.

(e)

Compliance Schedule. A time schedule, enforceable under the provisions of this chapter, that contains increments of progress (e.g. milestones, in the form of dates). These milestones shall be for the commencement and/or completion of major events leading to the construction and operation of additional pretreatment facilities or the implementation of policies, procedures or operational management techniques required for responsible persons to comply with all applicable federal, state or local environmental regulations which may directly or indirectly affect the quality of the responsible person's wastewater.

(f)

Composite Sample. A collection of individual samples obtained at selected intervals based on an increment of either flow or time. The resulting mixture (composite sample) forms a representative sample of the waste stream discharged during the sample period.

(g)

Design Hydraulic Depth. A total operating depth of a grease interceptor at which the unit does not contribute FOG to the collection system.

(h)

Direct Discharge. The introduction of pollutants into the collection system through any plumbing connection.

(i)

Director. The Public Works Director or such other persons as may be designated by the City or the Director to perform the services or make the determinations permitted or required in this chapter to be made by the Public Works Director of the City.

(j)

Effluent. Any wastewater outflow from a FSE or MFF or Private Sewer Lateral that is discharged into the collection system.

(k)

Enforcement Officer. A City employee or agent of the City with authority to enforce the provisions of this chapter and the authority to make any decision, on behalf of the Director, required or called for by this chapter.

(l)

Environmental Compliance Inspector (ECI). A person authorized by the Director to inspect any existing or proposed wastewater generation, conveyance, and processing and/or disposal facilities.

(m)

Fats, Oils, and Grease (FOG). Any substance such as vegetable or animal product that is used in, or is a byproduct of, the cooking of food or food preparation process, and that becomes or may become viscous, or solidifies or may solidify.

(n)

Food Grinder and/or Food Waste Disposal Units. Any device for the purpose of grinding food or food waste for introduction into wastewater.

(o)

Food Services includes: Food Service Establishment (FSE) a permanently constructed structure and Mobile Food Facility (MFF) a mobile unit that are used or operated at least in part for the purpose of storing, preparing, service or manufacturing or packing or otherwise handling food, 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 an exhaust hood pursuant to California Health and Safety Code Section 114149.1 or in accordance with the California Uniform Retail Food Facilities Law (CURFFL) (California Health and Safety Code Sections 113700, et seq.). A limited food preparation establishment is not considered an FSE or MFF when engaged only in reheating, hot holding, or assembly of ready to eat food products, provided that there is no wastewater discharge containing FOG, as described in Section 5-6.201(4) of the Modesto Municipal Code.

(p)

Grab Sample. A sample taken from a waste stream on a one-time basis without regard to the flow in the waste stream and without consideration of time.

(q)

Grease Control Device. Any grease interceptor, grease trap or other mechanism, device or process which attaches to, or is applied to, wastewater plumbing fixtures or lines, the purpose of which is to trap, collect or treat FOG prior to it being discharged into the publicly owned treatment works (POTW).

(r)

Grease Disposal Mitigation Fee. A fee charged to the responsible person and/or party when there are physical limitations to the property that make the installation of the usual and customary grease interceptor or grease control device for the FSE or MFF impossible or impractical. The grease disposal mitigation fee is intended to cover the costs of increased maintenance of the collection system, for inspection and cleaning of FOG that a usual and customary, and properly maintained, grease control device would otherwise prevent from entering the collection system.

(s)

Grease Interceptor. A multi-compartment device that is generally required, according to the California Plumbing Code. These devices use gravity to separate FOG from the wastewater. To be effective, these devices must be cleaned, maintained and have the FOG removed and disposed of in a proper manner, at regular intervals.

(t)

Grease Trap. A device that is used to serve individual plumbing fixtures. The City requires a minimum grease capacity of one hundred (100) pounds and installed per Health & Safety Code requirements.

(u)

Hearing Officer. A person appointed by the City and/or City Manager to preside over administrative hearings of Municipal Code violations that are appealed in writing to the City Clerk.

(v)

Hot Spots. Areas in sewage system that have experienced SSOs or that must be cleaned or maintained frequently to avoid blockages of the collection system.

(w)

Indirect Discharge. The introduction of pollutants into the collection system by means other than a connection to the collection system.

(x)

Infiltration. Water that enters the collection system from the ground through such means as defective pipes, pipe joints, connections or manhole walls.

(y)

Manifest and/or Bill of Lading. A receipt given by the carrier to the shipper acknowledging receipt of the goods being shipped and specifying the terms of delivery.

(z)

New Construction. Any structure that is planned or under construction, which will require payment of a capacity charge fee.

(aa)

Publicly Owned Treatment Works (POTW). The Collection System and Treatment Plant as defined in Section 212 of the Act, (33 U.S.C. 1292). The POTW shall include any sewers that convey wastewater from persons outside the City, who are, by contract or agreement responsible persons of the POTW.

(ab)

Remodeling. Means any physical and/or change in operations to a FSE or MFF causing a change in FOG quantity or consistency.

(ac)

responsible person. A person who the Director determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Plumbing Code, applicable state codes, any National Pollutant Discharge Elimination System ("NPDES") permit or any wastewater discharge permit. The term "responsible person" includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.

(ad)

Private Sewer Lateral. A sewer line that connects a building's wastewater facilities to the collection system which includes:

(1)

Upper Lateral, defined as the private sewer line connecting a home or other structure to the lower lateral, generally extending from the outside of the foundation of the structure to the public right-of-way or the cleanout;

(2)

Lower Lateral, defined as the private lateral line below the clean-out and connecting a home or other structures to the collection system.

(ae)

Solids Interceptor. A device used to capture all types of solids.

(af)

Twenty-Five (25) Percent Rule. A requirement for grease interceptors to be maintained such that the combined FOG and solids accumulation does not exceed twenty-five (25) percent of the design hydraulic depth of the grease interceptor. This is to ensure that the minimum hydraulic retention time and required available hydraulic volume is maintained to effectively intercept and retain FOG discharged to the collection system.

(ag)

Wastewater. Liquid and/or FOG, whether treated or untreated which is discharged by an FSE or MFF into or permitted to enter the collection system.

(Added by Ord. 3630-C.S., § 3, effective 8-14-15)