HomeMy WebLinkAboutStaff Report 3.B 8/5/2013 A gentaw Iteww#3 .3
EFFECTIVE DATE ORDINANCE NO. 2472 N.C.S.
OF ORDINANCE
1 Introduced by Seconded by
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8 AN ORDINANCE AMENDING PART III OF TITLE 15,
9 SECTIONS 15.44, 15.48, 15.52 AND 15.64
10 OF THE,PETALUMA MUNICIPAL CODE PERTAINING
11 TO CITY SEWERS AND SEWER DISPOSAL
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13 WHEREAS, the Clean Water Act, 33 U.S.C.. 1251 et seq. (CWA), and the General
14 Pretreatment Regulations for Existing and New Sources of Pollution promulgated by the
15 Environmental Protection Agency ("EPA") in Part 403 of Title 40 of the Federal Code of
16 Regulations ("Pretreatment Regulations") establish pretreatment requirements for Industrial Users
17 contributing wastes to Publicly Owned Treatment Works.and require certain Publicly Owned
18 Treatment Works to develop and implement a pretreatment program that complies with the
19 Pretreatment Regulations; and,
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21 WHEREAS, the City of Petaluma, as the owner of a Publicly Owned Treatment Works
22 subject to the Pretreatment Regulations, is required to develop and implement a pretreatment
23 program that complies with the Pretreatment Regulations; and,
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25 WHEREAS, the City of Petaluma has adopted a Sewer Use Ordinance and has modified it
26 from time to time in accordance with the requirements of the Pretreatment Regulations; and,
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28 WHEREAS, the Waste Discharge Requirements issued by the California Regional Water
29 Quality Control Board Order No. R2-201 1-003 became effective on March 1, 2011, which requires
30 that the City of Petaluma evaluates the need to revise local limits under 40 CFR Part 403.5(c)(1)
31 within 180 days after the effective date of the order; and the City of Petaluma submitted a Local
32 Limits Evaluation and Sampling Plan to the San Francisco Regional Water Quality Control Board
33 on August 1, 2011, to meet the local limit evaluation requirement; and,
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2 WHEREAS, the City of Petaluma submitted the Ellis Creek Water Recycling Facility Local
3 Limits Report to the San Francisco Regional Water Quality Control Board on March 30, 2012,
4 which provides technical support to increase the effluent discharge limits for total suspended
5 solids and biochemical oxygen demand through wastewater discharge permits and confirms
6 that such increases will not harm the operation of the facility; and,
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8 WHEREAS, the amendments to Chapter 15.48 of Part Ill of Title 15 of the Petaluma
9 Municipal Code pursuant to this ordinance increase the discharge limit for total suspended solids
10 from seven hundred mg/L (milligram per liter) to two thousand mg/L and the BOD limit from nine
11 hundred mg/L to one thousand five hundred mg/L; and establish the legal authority to regulate
12 industries for discharge of total suspended solids and biochemical oxygen demand levels above
13 the previously listed limits by issuance of wastewater discharge permits; and adds autobody
14 facilities to business establishments required to install vehicle wash racks for clarification; and,
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16 WHEREAS, the amendments to Chapters 15.44, 15.52 and 15.64 pursuant to this ordinance
17 update references to the responsible department and department Director to reflect the
18 present organizational structure and title; correct a typographical error within the text; and
19 correct outdated surcharge calculation information by specifying that abnormal sewage
20 surcharges are calculated based on the current wastewater service rate resolution.
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22 NOW, THEREFORE, BE IT ORDAINED by the council of the City of Petaluma as follows:
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24 SECTION 1. Recitals Made Findings. The above recitals are hereby declared to be
25 true and correct and findings of the City Council of the City of Petaluma.
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27 SECTION 2. Amendments to Title 15 of the Petaluma Municipal Code. Chapters 15.44,
28 15.48, 15.52 and 15.64 of Part Ill of Title 15 of the Petaluma Municipal Code are hereby amended
29 as follows:
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31 CHAPTER 15.44-SEWER USE AND SOURCE CONTROL - GENERAL PROVISIONS
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33 Section 15.44.020 Definitions- the following provisions of this section are amended to read as
34 follows:
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2 17. "City" means the city of Petaluma. The city council of Petaluma may designate the
3 position(s) or person(s) to whom responsibilities and authority of the city are delegated
4 and may from time to time modify such delegations. Absent any further specific
5 delegation by the city council of Petaluma, the authority and responsibility set forth in
6 this part (Chapters 15.44 through 15.76) shall be delegated to the director of public
7 works and utilities, including his or her designee(s).
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10 66. c. Any other violation(s) of a numeric pretreatment standard or requirement, as
11 defined by 40 CFR 403.3(l) daily maximum, long-term average, instantaneous limit,
12 or narrative standard that the POTW determines has caused, alone or in
13 combination with other discharges, interference or pass-through (including
14 endangering the health of POTW personnel or the general public).
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16 CHAPTER 15.48- SEWER USE AND SOURCE CONTROL REGULATIONS
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18 Section 15.48.040 Specific limitations on wastewater strength - subsection B of this section is
19 amended to read as follows:
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21 B. Any discharge which contains greater than two thousand (2,000) mg/L of suspended
22 solids or one thousand five hundred (1,500) mg/L BOD, except discharges containing
23 greater amounts of suspended solids and/or BOD that are subject to a discharge
24 permit that permits such greater amounts of suspended solids and/or BOD.
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27 Section 15.48.110 Vehicle wash racks is amended to read as follows:
28 All new gasoline filling stations, garages, self-service automobile washers, autobody facilities,
29 and other public wash racks where vehicles are washed shall install catch basins in conformity
30 with the plumbing code in accordance with a permit obtained from the building official. In the
31 event any existing premises do not have a catch basin and the sewer line servicing the facility
32 stops up due to grit or slime in the sewer lines, then the owner or operator of such premises shall
33 be required to modify these facilities to construct a catch basin as a condition of continuing use
34 of the system. No stormwater shall be diverted to these catch basins. No wash rack waste shall
1 be diverted into the stormwater system. See also the requirements for "Vehicle Wash Facilities"
2 contained in Section 15.17.040 of this code.
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4 CHAPTER 15.52 - SEWER USE DISCHARGE PERMITS
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6 Section 15.52.030 Sewer use permit application- the second paragraph of the following
7 provision of this section is amended to read as follows:
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9 L. The industrial user shall construct the pretreatment facility within the time provided in the
10 industrial user's wastewater discharge permit. Following completion of construction, the
11 industrial user shall provide the city with as-built drawings to be maintained by the
12 department of public works and utilities. The review of the facilities is necessary to produce
13 an effluent complying with the provisions set forth in Chapter 15.48. Any subsequent changes
14 in the pretreatment facilities or methods of operation shall be reported to and approved by
15 the city prior to implementation.
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17 CHAPTER 15.64- SURCHARGES AND FINES
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19 Section 15.64.010 Abnormal sewage surcharge- the following provisions of this section are
20 amended to read as follows:
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22 A.
23 2. Oil and grease content in excess of domestic sewage (one hundred mg/L) during a
24 twenty-four-hour period;
25 3. Other constituents as deemed necessary by the director of public works and
26 utilities;
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28 E. Computation of each surcharge, as applicable, shall be based on the wastewater
29 user charge in $/HCF for "Metered Industrial" or "Non-Residential" as specified in the
30 most current City of Petaluma waste water service rate schedule
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33 Section 15.64.020 Estimated industrial surcharge for strength group-the following provision of this
34 section is amended to read as follows:
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1 A. The city shall classify minor user establishments as commercial customers. Commercial
2 customers shall be assessed a variable user charge in accordance with the wastewater user
3 charge in $/HCF for "Non-Residential" as specified in the most current City of Petaluma
4 waste water service rate schedule based on the strength of the wastewater: low, medium,
5 or high.
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7 SECTION 3. Compliance with the California Environmental Quality Act. The City Council finds
8 that this Ordinance is exempt from the provisions to the California Environmental Quality Act
9 ("CEQA') pursuant to sections 15308 (the activity is an action by a regulatory agency as
10 authorized by state law or local ordinance to assure the maintenance, restoration,
11 enhancement, or protection of the environment), 15060(c)(2) (the activity will not result in a
12 direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3)
13 (the activity is not a project as defined in section 15378) of the CEQA Guidelines because it has
14 no potential for resulting in physical change to the environment, directly or indirectly.
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16 SECTION 4. Severability. The provisions of this Ordinance are severable and if any provision,
17 clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
18 any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
19 not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
20 thereof of this Ordinance or their applicability to other persons or circumstances.
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22 SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after the date
23 of its adoption by the Petaluma City Council.
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25 SECTION 6. Publication. The City Clerk is hereby directed to post and/or publish this ordinance
26 or a synopsis of this ordinance for the period and in the manner required by the City Charter.
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28 INTRODUCED and ORDERED posted/published this 15th day of July 2013.
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30 ADOPTED this day of 2013 by the following vote:
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33 Ayes:
34 Noes:
35 Abstain:
36 Absent:
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4 David Glass, Mayor
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11 ATTEST: APPROVED AS TO FORM:
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15 Claire Cooper, City Clerk Eric W. Danly, City Attorney
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