HomeMy WebLinkAboutStaff Report 4.C 7/15/2013 X 0-e ic Ite wv#4.C
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DATE: July 15,2013
TO: Honorable Mayo and Members of the City Council through City Manager
FROM: Da St..Jbj r. • : E— Director, Public Works& Utilities
Lena. ox.— vironmental Services Supervisor
SUBJECT: Introduction (First Reading) of an Ordinance Amending Title 15, Sections 15.44,
15.48, 15.52 and 15.64 of the Petaluma Municipal Code,(PMC) Concerning City
Sewers and Sewer Disposal
RECOMMENDATION
It is recommended that the City Council introduce an ordinance amending part III of Title 15 of
the Petaluma Municipal Code Sections 15.44, 1'5.48, 15.52 and 15.64 pertaining to sewer use.
BACKGROUND
The City of Petaluma Municipal Code should be revised periodically to address sections which
require clarification, are no longercurrent with regulatory requirements, or do not reflect present
practices:.Doing so'provides the responsible department with authority to conduct appropriate
and required activities-in this case affecting the sewer system.
The amendments are listed in the order of appearance in the municipal code:Amendments
include updating references to the director in two sections to correct the current title based on the
new organizational structure; updating the wastewater limits for two pollutants; provide
clarification for facilities required to have vehicle wash`:racks; and updating the abnormal sewer
surcharges to reflect current practices.
The proposed follow the direction provided by Council at the March 11, 2013
Workshop to address'`Business Friendly" stepsneeded.at the City's Ellis Creek-Water Recycling
Facility and within existing policies affecting commercial and industrial dischargers. The
amendment will increase "local limits" to organic and suspended solids characteristic of
wastewater to levels established in the Ellis Creek Water Recycling Facility Local Limits Report
completed in March 2012 and submitted to the Water'Quality Control Board for concurrence.
The report establishedthat the higher limits will not hinder plant operations.
Agenda Review.
City Attorney Finance Dire anager ���s►—y'�-
DISCUSSION
It is recommended Section 15.44.020 be modified to update the reference to the department
director in the"City" definition from water resources and conservation to public works,and
utilities. Subsection c. of the "Significant.Industrial User" definition is also recommended for
modification to remove a typographical error Within the text.
The recommended amendments include amending Section 15.48:040 to increase the wastewater
strength limitation for suspended solids from seven hundred(700) mg/L to two thousand (2,000)
mg1L and increase the BOD limitation from nine hundred (900) mg/L to one thousand five
hundred (1,500) mg/L. This section has also been amended to allow the limits for total
suspended solids and BOD to differ from the previously listed limits in individual wastewater
discharge permits issued to industries. The modification will.give-,the City the legal authority to
specify the two pollutant limits for each permitted industry based on their individual needs.
These changes are supported by a technical evaluation of current local limits performed by the
City's consultant, RMC Water and Environment, based on recent sampling data as required by
the San Francisco Bay Region California Regional Water Quality Control Board Order No. 82-
2011-003 (NPDES Permit No. CA0037810) issued on January 21, 2011. The NPDES Permit
became effective on March 1, 2011, which required "evaluation of the need to revise local limits
under 40 CFR 403.5(c)(1), and within 180 days after the effective date of this Order, submittal of
a report acceptable to the Executive Officer describing the changes, with a plan and schedule for
implementation". In accordance with the permit requirement, the City submitted a Local Limits
Evaluation and Sampling Plan to the Regional Water Board on August 1, 2011. As indicated in
the previously referenced plan, the Local Limits Report was submitted to the Regional Water
Board on March 30, 2012, which supports this-approach to regulating industrial discharge for
suspended solids and BOD.
It is recommended that Section 15.48.1 10 of Chapter 15.48 be revised to include a requirement
for new autobody facilities to install vehicle wash racks. This requirement will ensure that new
autobody facilities will have the,appropriate egUipment to prevent the discharge of oil and grease
ladened water to the sanitary sewer, and promotes water conservation.
The recommended change to Section 15.52.030 is to update the department reference to reflect
the current department title of public works and utilities.
Subsections A.2, A.3 and E. of Section 15.64.10 and Section 15.64.020 are recommended for
modification to update the reference to the department director, reflect the current method to
calculate industrial surcharges and to change the reference to the domestic sewage oil and grease
level. The department director title has changed due to the recent departmental reorganization.
The surcharge computation will reference the current rate resolution for wastewater services that
is used to calculate monthly industrial wastewater bills.
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The proposed action meets Council Goal: "Achieve fiscal stability and maintain financial
sustainability".
FINANCIAL IMPACTS
There are no direct financial impacts associated with the recommended ordinance amendments.
The Department expects to save on enforcement costs and will lose a minor amount of penalty
fees generated by the lower limits once the limits are increased.
ATTACHMENTS
1. An Ordinance Amending Part Ill of Title 15, Sections 15,44, 15.48, 15.52 and 15.64 of
the Petaluma Municipal Code Pertaining to City Sewers and Sewer Disposal.
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Attachment 1
AN ORDINANCE AMENDING PART'III'.OF TITLE 15,SECTIONS 15.44, 15.48, 15.52
AND 15.64 OF THE PETALUMA MUNICIPAL CODE PERTAINING TO
CITY SEWERS AND SEWER DISPOSAL
WHEREAS,the Clean Water Act, 33 U.S.C. 1251 et,seq. (CWA), and the General
Pretreatment Regulations for Existing and New Sources of Pollution promulgated by the
Environmental Protection Agency ("EPA") in Part 403 of Title 40 of the Federal Code of
Regulations ("Pretreatment Regulations") establish pretreatment requirements for Industrial
Users contributing wastes to Publicly Owned Treatment Works and require certain Publicly
Owned Treatment Works to develop and implement a pretreatment program that complies with
the Pretreatment Regulations; and
WHEREAS, the City of Petaluma, as the owner of a Publicly Owned Treatment Works
subject to the Pretreatment Regulations, is required to develop and implement a pretreatment
program that complies with the Pretreatment Regulations; and
WHEREAS, the City of Petaluma has adopted a Sewer Use Ordinance and has modified
it from time to time in accordance with the requirements of the Pretreatment Regulations; and
WHEREAS, the Waste Discharge Requirements issued by the California Regional
Water Quality Control Board Order No. R2-2011-003 became effective on March 1, 2011, which
requires that the City of Petaluma evaluates the,:need to revise local limits under 40 CFR Part
403.5(c)(1) within 180 days after the effective date of the order; and the City of Petaluma
submitted a Local Limits Evaluation and Sampling Plan to the San Francisco Regional Water
Quality Control Board on August 1, 2011, to meet the local limit evaluation requirement; and
WHEREAS, the City of Petaluma submitted the Ellis Creek Water Recycling Facility
Local Limits Report to the San Francisco Regional Water Quality Control Board on March 30,
2012,which provides technical support to increase the effluent discharge limits for total
suspended solids and biochemical oxygen demand through wastewater discharge permits and
confirms that such increases will not harm the operation of the facility; and
WHEREAS, the amendments to Chapter 15.48 of Part III of Title 15 of the Petaluma
Municipal Code pursuant to this ordinance increase the discharge limit for total suspended solids
from seven hundred mg/L (milligram per liter) to two thousand mg/L and the BOD limit from
nine hundred mg/L to one thousand five hundred mg/L; and establish the legal authority to
regulate industries for discharge of total suspended solids and biochemical oxygen demand levels
above the previously listed limits by issuance of wastewater discharge permits; and adds
autobody facilities to business establishments required to install vehicle wash racks for
clarification; and
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WHEREAS, the amendments to Chapters 1544, 13.52 and. 15.64 pursuant to this
ordinance update references to the responsible department and department Director to reflect the
present organizational structure and title; correct a typographical error within the text; and
correct outdated surcharge calculation information by specifying that abnormal sewage
surcharges are calculated based on the current wastewater service rate resolution.
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NOW, THEREFORE, Be it ordained by the council of the City of Petaluma as follows:
SECTION 1. Recitals Made Findings. The above recitals are hereby declared to be
true and correct and findings of the City Council of the City of Petaluma.
SECTION 2. Amendments to Title 15 of the Petaluma Municipal Code. Chapters
15.44, 15.48, 15.52 and 15.64 of Part 111 of Title 15 of the Petaluma Municipal Code are hereby
amended as follows:
CHAPTER 15.44—SEWER USE AND SOURCE CONTROL —GENERAL PROVISIONS
Section 15.44.020 Definitions—the following provisions of this section are amended to read as
follows:
A.
17. "City" means the city of Petaluma. The city council of Petaluma may designate the
position(s) or person(s) to whom responsibilities and authority of the city are delegated
and may from time to time modify such delegations. Absent any further specific
delegation by the city council of Petaluma, the authority and responsibility set forth in
this part (Chapters 15.44 through 15.76) shall be delegated to the director of public
works and utilities, including his or her designee(s).
66. c. Any other violation(s) of a numeric pretreatment standard or requirement,,as
defined by 40 CFR 403.30) daily maximum, long-term average, instantaneous
limit, or narrative standard that the POTW determines has caused, alone or in
combination with other discharges, interference or pass-through (including
endangering the health of POTW personnel or the general public).
CHAPTER 15.48— SEWER USE AND SOURCE CONTROL REGULATIONS
Section 15.48.040 Specific limitations on wastewater strength - subsection B of this section is
amended to read as follows:
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B. Any discharge which contains greater than two thousand(2,000) mg/L of suspended
solids or one thousand five hundred (1,500) mg/L BOD, except discharges-containing
greater amounts of suspended solids and/or BOD that are subject to a discharge permit
that permits such greater amounts of suspended solids and/or BOD.
Section 15.48.110 Vehicle wash racks is amended to read as follows:
All new gasoline filling stations, garages, self-service automobile washers, autobody facilities,
and other public wash racks where vehicles are washed shall install catch basins in conformity
with the plumbing code in accordance with-a permit obtained from the building official. In the
event any existing premises do not have a catch basin and the sewer line servicing the facility
stops up due to grit or slime in the sewer lines,then the owner or operator of such premises shall
be required to modify these facilities to construct.a catch basin as a condition of continuing use
of the system. No stormwater shall be diverted to these catch basins. No wash rack waste shall be
diverted into the stormwater system. See also the requirements for"Vehicle Wash Facilities"
contained in Section 15.17.040 of this code.
CHAPTER 15.52 — SEWER USE DISCHARGE PERMITS
Section 15.52.030 Sewer use permit application — the second paragraph of the following
provision of this section is amended to read as follows:
L. The industrial user shall construct the pretreatment facility within the time provided in the
industrial user's wastewater discharge permit. Following completion of construction, the
industrial user shall provide the city witltas-built drawings to be maintained by the
department of public works and utilities. The review of the facilities is necessary to
produce an effluent complying with the provisions:set forth in Chapter 15.48. Any
subsequent changes in the pretreatment facilities or methods of operation shall be reported
to and approved by the city prior to implementation.
CHAPTER 15.64—SURCHARGES AND FINES
Section 15.64.010 Abnormal sewage surcharge —the following provisions of this section are
amended to read as follows:
A.
2. Oil and grease content in excess of domestic sewage (one hundred mg/L) during a
twenty-four-hour period;
3. Other constituents as deemed necessary by the director of public works and
utilities;
E. Computation of each surcharge, as applicable, shall be based on the wastewater user
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charge in $/HCF for "Metered Industrial" or "Non-Residential" as specified in the
most current City of Petaluma waste water service rate schedule
Section 15.64.020 Estimated industrial surcharge for strength group—the following
provision of this section is amended to read as follows:
A. The city shall classify minor user establishments as commercial customers. Commercial
customers shall be assessed a variable user charge in accordance with the wastewater user
charge in $/HCF for `Non-Residential" as specified in the most current City of Petaluma
waste water service rate schedule based on the strength of the wastewater: low, medium, or
high.
SECTION 3. Compliance with the California Environmental Quality Act. The City Council
finds that this Ordinance is exempt from the provisions to the California Environmental Quality
Act ("CEQA") pursuant to sections 15308 (the activity is an action by a regulatory agency as
authorized by state law or local ordinance to assure the, maintenance, restoration, enhancement,
or protection of the environment), I5060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and I5060(c)(3) (the
activity is not a project as defined in section 15.378) of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. Severability. The provisions of this Ordinance are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability
shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or
parts thereof of this Ordinance or their applicability to other persons or circumstances.
SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days,after the
date of its adoption by the Petaluma City Council..
SECTION 6. Publication. The City Clerk is hereby directed to post and/or publish this
ordinance or a synopsis of this ordinance for the period and in'the.manner required by the City
Charter.
INTRODUCED and ordered posted/published this day of , 2013
ADOPTED this day of , 2013 by the following vote.
AYES:
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NOES:
ABSENT:
ABSTAIN:
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Eric W. Danly, City Attorney
1 486449.3
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