*NOT YET APPROVED*
Ordinance No. ______
Ordinance of the Council of the City of Palo Alto Amending Title 16 of the Palo Alto Municipal Code to Add a New Chapter 16.13, Requirements for Food FaciliƟes Related to Water PolluƟon PrevenƟon and Management of Fats, Oils, and Grease
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and DeclaraƟons. The City Council finds and declares as follows:
A. Urban Stormwater Runoff is considered a significant pathway for Pollutants into local creeks and the San Francisco Bay. Rain, irrigaƟon, and other water flows wash Pollutants off impervious surfaces like streets, sidewalks, roofs, driveways, and parking lots into Storm Drain Systems and creeks and, ulƟmately, to the San Francisco Bay. Water that flows to the Bay from the Storm Drain System and creeks does not receive any treatment and is oŌen contaminated by Pollutants that can be toxic to fish, wildlife, and people.
B. Fats, Oils and Grease generated by Food FaciliƟes can easily clog Sanitary Sewer System pipes when flushed down the drain without pretreatment. Clogged pipes can result in Sanitary Sewer System backups and overflows, pollute local creeks and the Bay, and cause significant infrastructure damage creaƟng a financial strain on businesses, residents, and the City.
C. The City is required to comply with the State Water Resources Control Board Order No.
WQ 2022-0103-DWQ Statewide Waste Discharge Requirements General Order for Sanitary Sewer Systems, which requires protecƟon of the Sanitary Sewer System and eliminaƟon of preventable Sanitary Sewer Overflows.
D. ProtecƟon of the Storm Drain System, Sanitary Sewer System, and local Receiving Waters requires strict regulaƟons to prevent discharges and damage to infrastructure. Water quality requirements in the Municipal Regional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board, the U.S. Environmental ProtecƟon Agency "General Pretreatment RegulaƟons for ExisƟng and New Sources of PolluƟon" published at Title 40 of the Code of Federal RegulaƟons, Part 403, and the Federal Water PolluƟon Control Act, 33 U.S.C. secƟon 1251 shall be followed.
E. In order to beƩer protect public health, local Receiving Waters, and the City’s Storm Drain and Sanitary Sewer Systems, the City now intends to update its Municipal Code to include all applicable Food Facility requirements within the same Chapter 16.13, as opposed to dividing Stormwater and pretreatment requirements between mulƟple chapters.
*NOT YET APPROVED*
0290174_20250422_ms29 2
F. Food FaciliƟes shall also adhere to requirements in Chapter 16.11, a component of the City’s Stormwater Compliance Program, which supports the City’s authority to implement Stormwater PolluƟon prevenƟon requirements mandated by the Regional Water Quality Control Board.
SECTION 2. Title 16 of the Palo Alto Municipal Code is amended to establish Chapter 16.13 to read as follows:
*NOT YET APPROVED*
0290174_20250422_ms29 3
Table of Contents
Part 1 Purpose and Intent; DefiniƟons _____________________________________________ 5
16.13.010 Purpose and Intent ________________________________________________________ 5
16.13.020 DefiniƟons _______________________________________________________________ 5 Part 2 General Provisions ______________________________________________________ 10
16.13.030 AdministraƟon ___________________________________________________________ 10
16.13.040 Applicability _____________________________________________________________ 11
16.13.050 Conflicts with Other Laws __________________________________________________ 11
16.13.060 Alternate Means and Methods ______________________________________________ 11
16.13.070 RetenƟon of Records ______________________________________________________ 11
16.13.080 ObstrucƟon, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way ____________________________________________________________________ 11 Part 3 Authority to Inspect and Enforce ___________________________________________ 12
16.13.090 Authority to Inspect _______________________________________________________ 12
16.13.100 Authority to Require CorrecƟve AcƟons _______________________________________ 12
16.13.110 Fees and Charges _________________________________________________________ 13 Part 4 Prohibited Discharges, Devices, and ConnecƟons ______________________________ 13
16.13.120 Prohibited Discharges _____________________________________________________ 13
16.13.130 Prohibited Devices, Equipment, and ConnecƟons _______________________________ 14 Part 5 Grease Control Device Requirements ________________________________________ 14
16.13.140 Requirements for Installing or Replacing ExisƟng Grease Control Devices _____________ 14
16.13.150 Grease Control Device Maintenance Requirements ______________________________ 14 Part 6 RooŌop Grease Containment System Requirements ____________________________ 14
16.13.160 Requirements for Installing or Replacing ExisƟng RooŌop Grease Containment Systems _ 14 Part 7 Waste Oil Management Requirements ______________________________________ 14
16.13.170 Waste Oil Storage Requirements for Food FaciliƟes ______________________________ 14
16.13.180 Waste Oil Management and Maintenance Requirements for Food FaciliƟes ___________ 15 Part 8 Spill Response Requirements ______________________________________________ 15
16.13.190 Requirements for Fats, Oils, and Grease Spill Response AcƟviƟes Conducted at and Associated with Food FaciliƟes _______________________________________________________ 15 Part 9 Best Management PracƟces for ExisƟng FaciliƟes ______________________________ 15
16.13.200 Required Best Management PracƟces for ExisƟng FaciliƟes ________________________ 15 Part 10 Mobile Food FaciliƟes ___________________________________________________ 15 *NOT YET APPROVED*
0290174_20250422_ms29 4
16.14.210 Mobile Food FaciliƟes _____________________________________________________ 15 Part 11 Food Facility Closure or Ownership Change __________________________________ 15
16.14.220 Food Facility Closure or Change of Ownership __________________________________ 15
*NOT YET APPROVED*
0290174_20250422_ms29 5
Part 1 Purpose and Intent; DefiniƟons
16.13.010 Purpose and Intent
The purpose of this Chapter is to control and limit impacts from Fats, Oils, and Grease (FOG) generated by Food FaciliƟes to the City of Palo Alto (City) Storm Drain System, Sanitary Sewer System, right-of-way, and Receiving Waters, including the San Francisco Bay (Bay) and local creeks, marshes, wetlands and other natural habitats, as well as to protect human health and the environment. This Chapter is enacted and shall be implemented in a manner consistent with the U.S. Environmental ProtecƟon Agency "General Pretreatment RegulaƟons for ExisƟng and New Sources of PolluƟon" published at Title 40 of the Code of Federal RegulaƟons, Part 403, the Porter-Cologne Water Quality Control Act (Water Code SecƟon 13000 et seq.), and the Federal Clean Water Act (33 U.S.C. SecƟon 1251 et seq.) (CWA), as amended from Ɵme to Ɵme. This Chapter is designed to be no less stringent than regional, state or federal regulaƟons, rules, orders, and policies but in some respects is more stringent. The City intends to update and modify this Chapter as needed to conƟnue to meet state and regional requirements and provide a program for protecƟon of the San Francisco Bay and other Receiving Waters. If any provision of this Chapter conflicts with state or regional requirements, as amended or updated, the more stringent and environmentally protecƟve provision shall apply.
This Chapter supplements the provisions of Chapters 16.09 and 16.11 of the Palo Alto Municipal Code, which apply to uses and acƟviƟes in the City more broadly, as well as Food FaciliƟes. This Chapter is intended to complement, rather than supersede, the provisions of City building codes and regulaƟons applicable to the installaƟon and operaƟon of grease capturing equipment.
16.13.020 DefiniƟons
The following terms, whenever used in this Chapter, are capitalized and shall be as defined herein. For purposes of this Chapter, terms defined in Chapter 16.11 shall have the same meaning in this Chapter, 16.13, except to the extent expressly modified in this SecƟon. (a) “A” definiƟons: Reserved
(b) “B” definiƟons:
(1) “Best Management PracƟces” or “BMPs” means a combinaƟon of general good housekeeping pracƟces, PolluƟon prevenƟon and educaƟonal pracƟces, operaƟons and maintenance procedures, and other pracƟces to prevent or reduce to the Maximum Extent PracƟcable Non-Stormwater Discharges directly or indirectly to the Storm Drain System, Sanitary Sewer System, right-of-way, or Receiving Waters. (2) “Building” means any structure used or intended for supporƟng or sheltering any use or occupancy.
*NOT YET APPROVED*
0290174_20250422_ms29 6
(c) “C” definiƟons:
(1) “City” or “The City” means City of Palo Alto, California. (2) “Community Food Producer” means a producer of agricultural products on land that is not zoned for agricultural use but is otherwise in compliance with applicable local land use and zoning restricƟons, including but not limited to restricƟons governing personal gardens, community gardens, school gardens, and culinary gardens. (d) “D” definiƟons:
(1) “Director” means the Director of Public Works of the City of Palo Alto and their duly authorized designees.
(2) “Discharge” means the introducƟon of a Pollutant to the Storm Drain System, Sanitary Sewer System, or a Receiving Water from any acƟvity or operaƟon associated with a Food Facility or Mobile Food Facility. (3) “Discharger” means any Person who causes or permits a Discharge. (e) “E” definiƟons:
(1) “Enforcement Response Plan” or “ERP” means a reference document for inspecƟon staff and management to ensure a consistent and transparent enforcement process for meeƟng City, regional, and state requirements.
(f) “F” definiƟons:
(1) “Fats, Oils, and Grease” or “FOG” means any substance, such as a vegetable or animal product, that is used in, or is a byproduct of, the cooking or food preparaƟon process, and that turns or may turn viscous or solidifies with a change in temperature or other condiƟons. FOG does not include any products associated with petroleum.
(2) “Food Facility” means a permanent establishment or mobile business operaƟng for the purpose of preparing, packaging, serving, or providing food (including only pre- packaged) and/or drinks for consumpƟon by that establishment’s members, customers, employees, or the general public. “Food Facility” does not include the following:
(i) LocaƟons where food is stored temporarily but not prepared or served; (ii) Private home kitchens, also known as coƩage food operaƟons, as defined by the California Department of Public Health;
(iii) Community Food Producers;
(iv) Farmers’ markets and produce stands, except where food is prepared and served at the market;
*NOT YET APPROVED*
0290174_20250422_ms29 7
(v) Kitchen faciliƟes principally for individual use by employees ancillary to another primary use (i.e., office break rooms); and
(vi) Public events at temporary locaƟons without connecƟons to the Sanitary Sewer System and Storm Drain System.
(3) “Food Facility Development Project” means new construcƟon or replacement of a structure built to serve solely as a Food Facility or a structure that includes a Food Facility and requires a Planning EnƟtlement or Building Permit from the City. (4) “Food Waste Disposer” means a device installed under a sink drain used to shred and/or grind food waste into smaller parƟcles in order for it to drain to the Sanitary Sewer System.
(g) “G” definiƟons:
(1) “Grease Control Device” means a device designed to collect and prevent passage of food waste and FOG into the Sanitary Sewer System. Grease Control Devices addressed in this Chapter include gravity grease interceptors, grease removal device(s), and hydromechanical grease interceptors.
(h) “H” definiƟons: Reserved
(i) “I” definiƟons: Reserved
(j) “J” definiƟons: Reserved
(k) “K” definiƟons: Reserved
(l) “L” definiƟons:
(1) “Lateral” means the drainage piping and appurtenances that consƟtute a Building’s connecƟon to the Sanitary Sewer System.
(m) “M” definiƟons:
(1) “Maximum Extent PracƟcable” or “MEP” means uƟlizing all reasonably feasible means, including implementaƟon of BMPs, control techniques, and system, design and engineering methods.
(2) “Mobile Food Facility” means any vehicle used in conjuncƟon with a commissary or other permanent Food Facility upon which food is sold or distributed at retail. This does not include a “transporter” used to transport packaged food from a Food Facility, or other approved source to the consumer.
(3) “Municipal Regional Permit” or “MRP” means the most recently adopted San Francisco Bay Area Municipal Regional Stormwater Permit, a mulƟ-countywide municipal Stormwater NPDES Permit issued by the California Regional Water Quality Control Board, San Francisco Bay Region-Region 2 (Regional Water Board), to *NOT YET APPROVED*
0290174_20250422_ms29 8
regulate Discharges from municipaliƟes and local agencies in Alameda, Contra Costa, San Mateo, and Santa Clara counƟes, and the ciƟes of Fairfield, Suisun City, and Vallejo to the San Francisco Bay.
(n) “N” definiƟons:
(1) “Non-Stormwater Discharge” means any Discharge that is not enƟrely composed of Stormwater. Non-Stormwater Discharges include but are not limited to polluted groundwater, any Pollutant, Discharges allowed under an NPDES Permit, or an Illicit Discharge.
(2) “NPDES” means NaƟonal Pollutant Discharge EliminaƟon System, which is a naƟonal program for issuing, modifying, revoking and reissuing, terminaƟng, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under SecƟons 307, 402, 318, and 405 of the Federal Clean Water Act. (o) “O” definiƟons: Reserved
(p) “P” definiƟons:
(1) “Person” means any individual, partnership, firm, company, corporaƟon, associaƟon, joint venture, joint stock company, trust, estate, governmental enƟty, or any other legal enƟty; or their representaƟves, agents, or designees. (2) “Pervious” refers to a material or surface (such as landscaping or natural landscape) that allows water to infiltrate below the surface. Pervious materials may include, but are not limited to, permeable interlocking concrete pavers, permeable pavers, Pervious concrete and porous asphalt.
(3) “Planning EnƟtlement” means approval provided by the City to develop a Building (or Buildings) or a piece of land for a specific use according to the City’s development standards, rules, and regulaƟons.
(4) "Pollutants” or “Pollutant” means those substances that may cause or contribute to the degradaƟon of water quality of Receiving Waters and are harmful to aquaƟc life, human health and the environment. Pollutants associated with Food FaciliƟes include cleaning agents, food waste, trash, and Fats, Oils, and Grease. (5) "PolluƟon" means the presence, introducƟon or Discharge into a Receiving Water of a Pollutant that has harmful or poisonous effects on aquaƟc life, ecological habitat, natural processes of creeks and waterbodies, public health and the environment. (q) “Q” definiƟons: Reserved
*NOT YET APPROVED*
0290174_20250422_ms29 9
(r) “R” definiƟons:
(1) “Receiving Water” means waters of the State, as defined by the Porter-Cologne Water Quality Control Act. Receiving Waters include but are not limited to creeks, marshes, wetlands, shorelines, estuaries, and bays.
(2) "Refuse" means and includes compostable materials, recyclable materials, and solid waste. Solid waste means solid and semisolid wastes, generated in or upon, related to the occupancy of, remaining in or emanaƟng from residenƟal premises or commercial premises including but not limited to garbage, trash, rubbish, ashes, and industrial wastes.
(3) “Refuse Management Area” means an area located outdoors used to store Refuse bins and/or dumpsters, inside or outside of an enclosure. (4) “Responsible Party” means any Person who owns, operates, or manages a property, business, facility, or site, or who is otherwise responsible for the acƟviƟes thereon or the Person whose acƟon or omission causes or results in a violaƟon of this Chapter. (5) “RooŌop Grease Containment Systems” means the filters applied to rooŌop terminaƟons at Food FaciliƟes. They are applied to rooŌop fans on exhaust systems to capture the aerosol form of FOG from food being cooked in the kitchen. (s) “S” definiƟons:
(1) “San Francisco Bay Regional Water Quality Control Board” or “Regional Water Board” means the regional agency whose mission is to preserve, enhance, and restore the quality of the San Francisco Bay’s water resources for the protecƟon of the environment, public health, and all beneficial uses. This agency oversees compliance of the MRP .
(2) “Sanitary Sewer Overflow” means any overflow, spill, release, Discharge, or diversion of untreated or parƟally treated wastewater from a Sanitary Sewer System. (3) “Sanitary Sewer System” means the collecƟon system, all sewers, treatment plants and other faciliƟes owned or operated by the City for carrying, collecƟng, storing, treaƟng, reclaiming, and disposing of sanitary sewage and industrial wastes (as defined in SecƟon 16.09.015 of Title 16 of the Palo Alto Municipal Code). (4) “Storm Drain System” means the storm drain faciliƟes owned, managed, or operated by the City by which Stormwater is collected and/or conveyed to Receiving Waters, including but not limited to streets and roads, guƩers, curbs, inlets, piped storm drains, parking lots, pumping faciliƟes, retenƟon and detenƟon basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures which are within the City’s jurisdicƟon. The Storm Drain System also includes pipes, underground and surface conveyances, and other components on private property *NOT YET APPROVED*
0290174_20250422_ms29 10
and other property within the City’s limits not owned by the City that connect and/or route Stormwater and Stormwater Runoff to the City’s Storm Drain System. (5) “Stormwater” means any surface flow, runoff, and drainage consisƟng enƟrely of water that originates from precipitaƟon events.
(6) “Stormwater Runoff” means flow that is created when precipitaƟon falls on Impervious Surfaces or compacted Pervious surfaces that do not allow water to infiltrate into the ground.
(7) “Structural Retrofit Best Management PracƟces” or “Structural Retrofit BMPs” means a retrofit to a structure, fixed feature, or property to prevent or minimize the potenƟal of a Discharge to the Storm Drain System, Sanitary Sewer System, or Receiving Waters.
(t) “T” definiƟons: Reserved
(u) “U” definiƟons:
(1) “United States Environmental ProtecƟon Agency” or “U.S. EPA” or “EPA” means the Environmental ProtecƟon Agency of the United States of America, a federal agency, whose mission is to protect human health and the environment and the oversees compliance with environmental regulaƟons.
(v) “V” definiƟons: Reserved
(w) “W” definiƟons:
(1) “Waste Oil” means FOG generated by cooking or Food Facility equipment that is not plumbed to the Sanitary Sewer System but is collected, stored, and hauled off-site.
Waste Oil is also known as cooking oil, yellow oil, or tallow. (2) “Waste Oil Container” means any container used to store Waste Oil. (x) “X” definiƟons: Reserved
(y) “Y” definiƟons: Reserved
(z) “Z” definiƟons: Reserved
Part 2 General Provisions
16.13.030 AdministraƟon
The Director shall be responsible for the administraƟon and enforcement of the provisions of this Chapter and for promulgaƟng such orders, rules, condiƟons of approval, and requirements as are necessary to accomplish the purposes of this Chapter. The primary regulatory document
*NOT YET APPROVED*
0290174_20250422_ms29 11
implemenƟng this Chapter is Palo Alto RegulaƟons for Food FaciliƟes Related to Water PolluƟon PrevenƟon and Management of Fats, Oils, and Grease.
16.13.040 Applicability
This Chapter shall apply to all Food FaciliƟes and Mobile Food FaciliƟes as defined in this Chapter. Nothing in this Chapter shall be interpreted to infringe on any vested property right.
16.13.050 Conflicts with Other Laws
In the event of any conflict between this Chapter and any federal or state law, regulaƟon, order, or permit, the requirement that establishes the higher standard for public health or safety shall govern. Nothing in this Chapter shall preclude enforcement of any other applicable law, regulaƟon, order, or permit.
16.13.060 Alternate Means and Methods
If compliance with any secƟon of these regulaƟons is infeasible, the Director, upon applicaƟon in wriƟng by the owner, a lessee, or an authorized representaƟve of the Food Facility, is authorized to approve alternate means or methods of compliance with this Chapter. The Food Facility shall demonstrate, as required by the Director, that the proposed alternaƟve is at least equivalent in quality, strength, effecƟveness, fire resistance, durability, and safety. The parƟculars of any such approval made by the Director shall be in wriƟng and a signed copy shall be furnished to the applicant.
16.13.070 RetenƟon of Records
Food FaciliƟes shall comply with the records retenƟon requirements in the Palo Alto RegulaƟons for Food FaciliƟes.
16.13.080 ObstrucƟon, Damage, or Impairment to Storm Drain and Sanitary Sewer Systems and Rights-of-way
Dischargers shall be responsible for and liable to the City for any obstrucƟon, damage, or impairment to the Storm Drain System, Sanitary Sewer System, and other rights-of-way associated with a Discharge that causes an obstrucƟon, damage, or any other impairment to the Storm Drain System and Sanitary Sewer System. The City may assess a charge against the Discharger to reimburse the City for costs incurred to clean or repair said obstrucƟon, damage or impairment.
*NOT YET APPROVED*
0290174_20250422_ms29 12
Part 3 Authority to Inspect and Enforce
16.13.090 Authority to Inspect
(a) The Director shall have the authority to inspect inside and outside of private and public Food FaciliƟes, sites, property, structures, equipment, and drainage systems associated with Food FaciliƟes, whether exisƟng or under construcƟon, whenever necessary to ensure and confirm compliance with this Chapter and applicable state, regional, and City regulaƟons.
(b) The Director shall be authorized to enter, without unreasonable delay, any premises subject to the requirements of this Chapter to conduct inspecƟons and monitoring to assure compliance with this Chapter and applicable state, regional, and City regulaƟons.
An inspecƟon fee shall be charged for each inspecƟon at the amount listed in the City’s Adopted Municipal Fee Schedule.
(c) In the event the owner or occupant of the premises refuses entry aŌer a request to enter and inspect the premises has been made, the City is hereby empowered to seek assistance from any court of competent jurisdicƟon in obtaining such entry.
16.13.100 Authority to Require CorrecƟve AcƟons
(a) Enforcement. The Director shall have primary responsibility for enforcement of this Chapter. The Director is authorized to take all acƟons reasonable and necessary to enforce this Chapter and any regulaƟons developed as required hereunder. ViolaƟons of this Chapter may be enforced as allowed by Title I of the Palo Alto Municipal Code. The Director is authorized to exercise the authority provided in the California Penal Code secƟon 836.5.
(b) The Director may require any Food Facility or Person deemed to have violated this Chapter to take any or all of the following acƟons:
(1) Ensure that the PolluƟon be remediated and the affected private and City property and infrastructure, as relevant, be restored within a specified Ɵme. The Responsible Party shall also be responsible for cleanup or reimbursement of cleanup costs incurred by the City for cleanup acƟviƟes associated with any Discharges that have entered the City’s right-of-way, Storm Drain and/or Sanitary Sewer Systems. (2) Implement applicable BMPs to protect the Storm Drain System, Sanitary Sewer System, and Receiving Waters to address Pollutant sources, including but not limited to, outdoor Waste Oil storage and disposal areas; outdoor Refuse Management Areas; outdoor parking areas and access roads; outdoor areas used by customers and employees; outdoor wash areas; outdoor drainage from indoor areas; rooŌop equipment; Grease Control Devices and associated plumbing connecƟons; private *NOT YET APPROVED*
0290174_20250422_ms29 13
Laterals; and other sources that have a reasonable potenƟal to contribute to PolluƟon.
(3) Install Structural Retrofit BMPs to address noncompliance of this Chapter. These projects shall be approved by the Director and may be require a Planning EnƟtlement or Building Permit approval from the City.
(c) The Director shall implement a Stormwater Enforcement Response Plan to facilitate Ɵmely and effecƟve compliance with the requirements of this Chapter. The Enforcement Response Plan shall contain, at a minimum, the following:
(1) Enforcement procedures;
(2) Enforcement tools and scenarios;
(3) Procedures for Ɵmely correcƟon of potenƟal and actual Discharges; and (4) Procedures for referral and coordinaƟon with other agencies.
(d) The remedies established in this SecƟon are not exclusive. In addiƟon to any other remedies allowed under the Palo Alto Municipal Code, violaƟons may be subject to penalƟes established by resoluƟon of the Council or any other enforcement mechanism allowed by law.
16.13.110 Fees and Charges
The City may adopt reasonable fees and charges for reimbursement of costs of administering and enforcing this Chapter.
Part 4 Prohibited Discharges, Devices, and ConnecƟons
16.13.120 Prohibited Discharges
No Person shall cause, allow, or permit any Threatened or Actual Discharge or allow any of the following to flow or spill to any Pervious area, street, or City right-of-way. Prohibited Discharges include, but are not limited to, the following:
(a) Fats, Oils, and Grease (FOG), including any liquid or other wastes containing FOG; (b) Grease Control Device contents;
(c) Waste Oil Container contents;
(d) Drippings or spills from Outdoor Refuse Management Areas; (e) Refuse, liquids, and other waste from indoor and outdoor storage and wash areas and public or employee areas associated with a Food Facility; and (f) FOG accumulaƟons on rooŌops of Food FaciliƟes from rooŌop terminaƟons. *NOT YET APPROVED*
0290174_20250422_ms29 14
16.13.130 Prohibited Devices, Equipment, and ConnecƟons
(a) Plumbing lines and drainage fixtures located in bathrooms shall not be connected to a Grease Control Device.
(b) No dishwashers shall be connected to a Grease Control Device. (c) No Food Facility shall install, maintain, or use a Food Waste Disposer (as required in
16.08.110 of Title 16 of the Palo Alto Municipal Code). (d) Unless otherwise approved by the Director, no Food Facility shall install, maintain, or use any food waste liquefiers, aerobic or anaerobic food waste digesters, food composters, or similar devices designed or intended to digest biodegradable kitchen waste to be drained to the Sanitary Sewer System.
(e) A Food Facility shall not connect any fixture or outdoor drainage to the City’s Storm Drain System except with permission from the Director.
Part 5 Grease Control Device Requirements
16.13.140 Requirements for Installing or Replacing ExisƟng Grease Control Devices
Food FaciliƟes shall install and operate a Grease Control Device and with required connected fixtures in compliance with the Palo Alto RegulaƟons for Food FaciliƟes.
16.13.150 Grease Control Device Maintenance Requirements
Grease Control Devices shall be maintained in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.
Part 6 RooŌop Grease Containment System Requirements
16.13.160 Requirements for Installing or Replacing ExisƟng RooŌop Grease Containment Systems
Food FaciliƟes shall install and maintain RooŌop Containment systems in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.
Part 7 Waste Oil Management Requirements
16.13.170 Waste Oil Storage Requirements for Food FaciliƟes
Food FaciliƟes shall comply with the waste oil storage requirements in the Palo Alto RegulaƟons for Food FaciliƟes.
*NOT YET APPROVED*
0290174_20250422_ms29 15
16.13.180 Waste Oil Management and Maintenance Requirements for Food FaciliƟes
All Food FaciliƟes that use and store Waste Oil Containers shall comply with the requirements in the Palo Alto RegulaƟons for Food FaciliƟes.
Part 8 Spill Response Requirements
16.13.190 Requirements for Fats, Oils, and Grease Spill Response AcƟviƟes Conducted at and Associated with Food FaciliƟes
Fats, Oils, and Grease spill response acƟviƟes conducted at and associated with Food FaciliƟes shall comply with the Palo Alto RegulaƟons for Food FaciliƟes.
Part 9 Best Management PracƟces for ExisƟng FaciliƟes
16.13.200 Required Best Management PracƟces for ExisƟng FaciliƟes
In addiƟon to the Best Management PracƟces required by Chapter 16.11 of the Palo Alto Municipal Code, Food FaciliƟes shall implement BMPs in accordance with the Palo Alto RegulaƟons for Food FaciliƟes.
Part 10 Mobile Food FaciliƟes
16.14.210 Mobile Food FaciliƟes
Mobile Food FaciliƟes shall comply with requirements of the Santa Clara County Department of Environmental Health and applicable secƟons of the Palo Alto RegulaƟons for Food FaciliƟes.
Part 11 Food Facility Closure or Ownership Change
16.14.220 Food Facility Closure or Change of Ownership
(a) Food FaciliƟes shall be responsible for a final cleanout and shuƫng down of operaƟons of their Grease Control Device(s) upon closure of their business and shall adhere to the Palo Alto RegulaƟons for Food FaciliƟes.
(b) GCDs shall be cleaned in accordance with the Palo Alto RegulaƟons for Food FaciliƟes at the Ɵme of Food Facility business closure, closure of the Building in which the Food Facility is located, or a change in ownership of the Food Facility. (c) A GCD that has been abandoned in place or has been otherwise disconƟnued from further use shall have the contents removed therefrom, and the boƩom perforated and be completely filled with crushed rock, sand, controlled low strength material, concrete, or other material as approved by the Director. Subsequent Food FaciliƟes shall be made *NOT YET APPROVED*
0290174_20250422_ms29 16
aware of the abandoned GCD and install a separate GCD that meets current requirements.
(d) Building owners that occupy a space or Building with a Grease Control Device that is deemed out of compliance or was not adequately shut down when the previous Food Facility closed shall take responsibility for that device. Owners shall adhere to the Palo Alto RegulaƟons for Food FaciliƟes.
SECTION 3. If any secƟon, subsecƟon, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining porƟon or secƟons of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each secƟon, subsecƟon, sentence, clause or phrase thereof irrespecƟve of the fact that any one or more secƟons, subsecƟons, sentences, clauses or phrases be declared invalid.
SECTION 4. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to SecƟon 15308 of the CEQA Guidelines, because it is an acƟon taken by the City as a regulatory agency to assure the maintenance, restoraƟon, enhancement, or protecƟon of the environment where the regulatory process involves procedures for protecƟon of the environment.
//
//
//
//
//
//
//
//
//
//
//
//
*NOT YET APPROVED*
0290174_20250422_ms29 17
SECTION 5. This Ordinance shall be effecƟve on the thirty-first day aŌer the date of its adopƟon.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ City AƩorney or Designee City Manager
____________________________
Director of Public Works