HomeMy WebLinkAboutStaff Report 4.C 04/18/2011,. -I85S1 I
I, ,
Its # 4. ,II
DATE: April" 18„ 2011
T O: Honorable ' H Mayor and Members of the City Council through City Manager
' FROM -, Pamela- Tuft —
Interim Director, Water Resources,& Conservati
SUBJECT: Introduction (First. Reading of an g Title 15 of the Petaluma
Municipal Code (PMC) Pertaining to Water and Sewer Regulations
is ,
, RECOMMENDATION
It is recommended that `the "C ty'Council introduce:
L An Ordinance Amending Part I of Title 15 of the Petaluma Municipal Code Section
15.08:230 PertainingJo Water; and ;Amending Sections ;15:40, 15.44, 15.48, 15.52,
and 15.72 of Part III of Title h5 of the Petaluma Municipal Code Concerning City
Sewer Construction and Use.
BACKGROUND
al Cod menu, are outdat' call to add�r sec ,
The City of Petaluma Munlcip is revised periodically tions; which, no
are
I onger current with regulatory �requie ed i by industry standards, or which require
clarification. Doing, so provides the responsible, or enforcing _department with autho i tyto
conduct appropriate and required activities, in this case. affecting the potable water distribution
and sewers system:,.
The amendments are:listed in '
the order of significance rather than by order of appearance in the
Municipal Code:, Recom
mended dmendrdents include, the introduction of Best Management* JV
Practices (BMPs) for the de" n"fal amalgam recovery program, now,'a regulatory requirement
woraig'modification for booster. pump placement and exception approval; expansion of grease
trap installation, standards; definition of responsibilities pertaining to, sewer mains located outside_
City easements; specifying the'City department authorized for inspection o'f.sewer laterals;
updatin g:. pretreatment requirements; and adding wording ecifyingjhat,no user will receive
free wastewater services. Amendments are also to change wording m' several sections to make
es pertaining t pro e clarification, and proofreading
minor Chang pertaining o industrial users and _royid
corrections.
DISCUSSION
It is recommended Section° 15.48.170 be modified to include mandatory implementation of Best
Management Practices (BMPs) for dental offices to reduce mercury from entering the sewer
system . � 22007 , g Quality p n the
Mercury �
Watershed Permit O der No cR' -a 00777 Several studies have been erforme
Water ualit Control Boardi
Y d
indicating dental practices contribute 'to over 50% of the mercury found in wastewater. For this
reason, the San Francisco Bay Area Regional Water Quality Control Board has required that
majr City os dis
al approach ers in' p g. p Bay Area implement a dental aural y am program by January 2010. . The
t r uce this :source of Mercury to the _plant was to request voluntary
installation of dental amalgam separators by initiating a pollution partnership program as an
incentive. Surveys were sent alt dental practices to inquire voluntary program
participation. Sixteen,(1.6) responses were received represeniing.36 %o of the surveys sent out.
Eight (8;) of the. dental practices indicated that they are willing to. voluntarily participate by
g g p p ° te, forty -two (42) dental practices that
of h
require
l e BMP
q ato One dental practice implemented the program requirements
during the 2010 calendar year. When discussing the voluntary program with,local dentists,
several .indicated that they will implement the program once it is mandatory. Asa result the
sewer use ordinance has been modified to require implementation of BMPs recommended by the
California Dental Association.
The dental amalgam,prograrn will not require a discharge per mif associated fee to cover the
City staff time to conduct inspections or maintain the corresponding documentation; however
there will be an approximate: initial. investment ,of$ 1,000 by the dental to purchase and
install the required equipment to com p
1
y � � w requirement. The :annual waste recycling
- with this ne
and equipment maintenance will :cost dentists approximately $500 to comply with the mandatory
dental amalgam reduction, program requirements.
Currently the City requires, in low pressure areas, a booster pump with an air gap storage tank
between ,the meter and the pump to protect small sized City°water mains .from pressure reduction
due to the p p u m p- y water mains are much l "' er in;'size
Ordinance han when the
pre ssure um Newer g
ance was originally adopted. Inman cases the air gap' tank snot necessary, this
g Y p Y g p n'�
exception addresses that disparity and allows City staff to work with the customer to, achieve the
most economical system to meet their pressure needs. The recommended amendments include
modifying Section 15.08.230 for exception approval and to address booster pump placement, as
follows, - '
"Exception: With prior approval o �e � the City Engineer and the Fire Marshall,
a booster pump may be connected to the private property side . of the detect ehee k valve(s) i n
industriaVeommer-ei4l fire spr-inklef/standpipe� appheations if�soeh pump is designed with con
belo twef y „ ma is designed with control
systems;and/or engineered calculations show it will not.allow thenump to reduce the Citv
low pressure' areas said installation(s) shall be
2
„ I
evaluated for cumulative impacts to the City water main pressure& and, approved by the Cites
This sec
tion ofthe municipal code was last I modified IA 1999 by,Ordinance No. 2085 MC.S.
which was adopted by the City Council on April 19, '1999.
It is recommended that Section.15.48.130. of Chapter 15.48” be revised to ,provide specific grease
removal device sizing criteria for food service establishments. It has been observed during
routine restaurant' inspections that many food service establishments in Petaluma do not have the
appropri ate size grease�removal type and size device for the of grease entering their.plumbing system.
The criteria for the appropriate t ease removal device will help prevent grease
from entering the sewer system. Also, an undersized grease removal device causes the food
establislment'to need more frequent cleaning for proper maintenance: Grease that enters the
sewer system can cause blockages in the system resulting in, either the wastewater backing up
.into the restaurant buildings or potential,, sanitary sewer overflows. This requirement has been
t1i vo 411 I. ,
aed fdt new and remodeled when new building permits are reviewed. Ex sting restaura ts e d not affected l be installed
q p
unless significant
remodeling occurs triggering bringing the facility up to current codes..
Several, Sections of'Chapters 15A4,1 5.0, and 15.52 are recommended for modification as
required b y the ubmitted' to the San Francisco Bay Regional Water
technical memorandum ,
Quality Control Board' by PG Envi'r`onmental; LLC on April 6 20.10: The technical review by
PG Environmental of the City's sewer use .ordinance was.requested by the'S'an Francisco Bay
Regional, water Q ua q Quality Control Board in November2009 ensure that the City has established
the proper p p "r legal auihority to enforce the pretreatment'program as�.required by 40 CFR Part 403.
PG Environmental recommends the City amend its Sewer Use Ordinance to assure consistency
with Federal Pretreatment Regulations (40 CFR Part 403), including'
• Clarification of definitions for. industrial users;
• TJpdatin g g rease interceptor sizift&standards; and
�
• Identifying reporting requirements for pretreatment customers
It is also.recommended that two- sections;be added to Chapter 15.40 identifythe respons
ea P en.t as well as , dentifi� ation the City Department re pons ble for the nspecti lty
�° de of C
on of
sewer lateral ensure and maintained sew
er lines do not fall
into disrepair -o addrto'hhe iflow and infiltration problem
Finally,_, Section 15;72.010 is recommended to amend. Chapter 15.72 which specifies that usage
fees apply to wastewater services provided any user effective July 1, 2011.
FINANCIAL IMPACTS
The sentence added to Section 15.72.010, regarding sewer usage fees for all wastewater
discharges may,generate addition al revenue for the wastewater division to use for operation and
maintenance of the City's Municipal Sewer System.
3
ATTACHMENTS
I An Ordinance Amending Part I of Title 15 of the Petaluma Municipal Code Section
1-5.08.230 pertaining to Water, ,and Amending Sections 15.40, 15.44, 15.48, 15.52, and
15.72 of Part. III of Title 15 of the Petaluma Municipal Code Concerning City Sewer
Construction and Use.
M
rr I
AN ORDINANCE AMENDING PAR 1 OF TITLE 15, SECTION 15.08.230,
OF THE CITY OF PETALUMA.MVNICIPAL CODE PERTAINING TO WATER
AND AMENDING
SECTIONS 15.40,15.44,15.48 15.52 AND 15.72 OF PART III OF TITLE 15 OF THE
PETALUMA MUNICIPAL CODE CONCERNING
0
CITY SEWER CONSTRUCTION AND USE
WHEREAS, the Clean Water Act, 3'3 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 4.0 of the Federal Code of
Regulations ( "Pretreatment Regulations ") establish pretreatment requirements for Industrial
Users contributing wastes to Publi'cly'Owned Treatment .Works , and require certain Publicly
Owned T m
evelop and implement a pretreatment progra that complies with the 'Pretreatm ent 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
J
' program that complies with the Pretreatment Regulations; and
W'HERE'AS,, the Cityof 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
gn Streamlining Rule on September 27, 2005,
which WHEREAS, pbli ed in the Federal Register t on a October 14, 2005 and became effective on
November 13, 20.05, and revised several provisions of the Pretreatment Regulations that address
requirements for and oversight of Industrial Users who introduce pollutants into Publicly Owned
Treatments Works; and
WHEREAS,'on, October, l0, 2007, the City of Petaluma adopted an ordinance repealing
Chapters 1;;5.40,15.44 t5.48,15.52, 15.56;15."60, 15.64, 15.68, 15.72 and 15.76 of Part III of
Title 15 of,the Petaluma Municipal. Code and re- enacting Chapters 15.40, 15.44, 15.48, 15.52,
15.56, 15:60, 15.64, 15.68, 15.72 and 15.36 of Part III of Title 15 ofthe Petaluma Municipal
Code to incorporate the changes required by the new streamlining rules; and
A
WHEREAS the Waste Discharge Requirements for Municipal and Industrial
� �Wastew,ater��Disclar g er g e q p
s, of Mercury to San.Francisco Bay Order No. `R2 =2007 -0077 requires the`
City Petaluma to develop and begin to implement a dental amalgam program; and
WHEREAS, onl ,Apr 16, 2010, PG Environmental, LLC conducted a review of the City
of Petalum a's Sewer 6 Ordinance on be'half'of the EPA and the Regional Water Quality
Control Board, San Francisco Bay Region, to assess consistency with the Pretreatment
Regulations; and
WHEREAS, PG Environmental, LLC found a few minor deficiencies in the City of
Petaluma:' `�s ' Sewer Use Ordinance and recommends that °the'City of Petaluma correct the
deficiencies by amending its Sewer Use Ordinance; and
5
WHEREAS,i,the amendments to Chapters 15.44, 15.48 and 1 5.52' °of Part III of Title 15
of the Petaluma.Municipal Code pursuant to this ordinance correct the' minor deficiencies
identified by PG Environmental LLC; and the amendments to Chapter 15.48 pursuant to this
i
ordinance !add requirements for dental practices to implement BMPs to, reduce the amount of
mercury that enters the sewer system; and clarify requirements .for grease removal devices for
food service establishments; and
WHEREAS, the amendment to Chapter 15.08 ursu
' p p arif to this ordinance changes
wording for exception approval and provides clarification for booster pump placement
requirements; and
WHEREAS, the amendments to Chapter 1`5.40 pursuant to this ordinance clarify
maintenance requirements for construction, maintenance; and'inspection of sewer mains and
laterals and
W,.HEREAS the amendment to Chapter 15:72 pursuant to this ordinance specifies that
no free wastewater. services will be provided to any user effective July 1, 2011.
NOW, THEREFORE, the City Council of the'City of Petaluma does ordain as follows:
SECTION.1. Recitals Findings. The above recitals are hereby declared.to be
true and orrectt and fi diing's'o f Made
e City Council of the City of Petaluma.
S ments to Title 15 of the Petaluma Municipal Code. Chapters
15.085 E 0, 15 44, • 15.48 n1'5.52 and 15.72 of Part ,111 of Title 15 of the Petaluma Municipal
Code are hereby amended as follows: .
CHAPTER 15.08 — CONNECTION'TO WATER SUPP -t Y SYSTEM
Section 15,:08.230 of the Municipal Code is hereby amended to read as follows:
lqll , 15.08.230',,— Use of pump to elevate or increase water pressure
When -a, consumer receiving service at the water system main or service connection must by
III , m ll not bepy pluof any p elevate o yncrease'the pressureof the water received, the pump
N um
attacked to an i e .direetl connected to iiie main or service pipe. Such pumping
or boosting of pressure shall be done from a sump, cistern, or storage tank which may be served
by but not directly connected with the water system distribution facilities.
Ih
Exception: With prior approval of the City Engineer and the Fire Marshall, a booster pump
may be connected to the, private property ; side of the city meter and /or backflow
preventer if such pump is designed with control systems and /or engineered
calculations showing it will not allow the pump, to reduce the city pressure below
twenty pounds per square inch. In,low pressure areas said installation(s) shall be
evaluated for cumulative impacts to the city water main pressures and approved
by the City.
6
R 1'5.40 CONSTRUCTION, ACE
CHAPTER T�ION OR,PL'' � 1VIENT'OF SEWAGE FACIILITIES
Section 1
5.40.070 — Sewer mains located outside City easements is added to read as follows:
Section 1x-5.40.070. — Sewer mains located; outside City easements. All sewer mains
located outside of City right -of -way 6r'City easements shall be constructed and
maintained by the property owners served by said main (s) to prevent'inflow and
infiltration.
Section 15,.40.080 — Inspection of sewer laterals Iis added to read as follows:
� Conserva ton o
ect an
ny public private1lateralater Resources and
p connection to the
"� y '� eWO h retreatme t fastandar
line s froinh the building's
is defined as
Iq,
public sewer s stem in accordance
the connecting piping irifrastructur p
foundation to the public sewer system that conveys sanitary sewage from the building to
the City sewer.
CHAPTER 15.44 — SEWER USE AND SOURCE CONTROL GENERAL PROVISIONS
finitio
Section 15.44.020 I);e ns —the following provisions ofthis'section are amended to read
as follows:
A.
33. "Indirect Discharge" ? ;or' "Discharge" means, the .introduction of Wastewater
y g pollutants ewe
Community OTW from
potentially containing into Communt: Srs and /or the P
any non - domesti( User regulated under section'307(b);, (c) ov(d) of the Act.
34. "Industrial User" means a source. of "Indirect Discharge." (See definition of
"Indirect v
Discharge" abo
g e•)
65. "Significant Industrial,' :User" Except,;as provided in paragraph (65.c) and (65.d) of
this, section, the term means:
d `,Upoh finding fha't an User'meeting the criteria in paragraph (65.b)
of this'secti'on has no reasonabl'e..poteritial for adversely affecting the POTW's
operation, on or for violating any Pretreatment Standards or requirement,, the City
•
may at any time, on its own initiative , or to response to a petition received
from an Industrial User or POTW and in - accordance with 40 CFR
determine that such an' Industrial User is not a Significant
Industrial User.
it
Fat, grease, grit, oil, lint, and sand removal devices, (interceptors and grease traps) shall be
by by the City that such device is necessary for the
installed
proper ha idling' of liqu dnw Wastes containing grease, 'fat, grit, oil, lint, sand or other harmful
ingredients which accumulate and cause or threaten to cause' stoppage or impair the efficiency of
the sew ers , ,
of be re to t he safety of the City employees, except that such removal
es
q resential units. Grease removal devices are required at all food
service establishments A
food re aration: including, y gi` g
foo Vaste. commercial facilit discharging
dlluser ice establishment�!
.is an
kitchen or' p p water includin but not limited to restaurants fast food
kitchens and an ' „ � ,businesses that. perform on -site c
�I establishments, Bother essens, caterers,, bakeries, donut shops, halls, and auditoriums with
cooking or food preparation.
Y p
All removal devices
Ih I" shall be' of , a type and capacity approved 'by the Division of Water
Resources',and Conservation and compliant with: Uniform Plumbing Code. The User shall pay
the applicable charges fees and meet.such other conditions. as required by the POTW prior to
installation. The removal' device . shall be installed in coformity "'with approved plans and in
pp re lationsjhec re oval device shall be located so as
to be read l and easih , accessible fo
accordance with all applicable codes' and
y r leaning and insp No device shall be installed in a
food preparation area.
Minimum grease rdinoval' device sizing criteria `for new and,modified kitchens:
1 A. Exter'° 'Grease Interceptors are required' `for an food establishment with greater
g re units within the ki tchen , . r In- Ground y
fixture e grease be a two - stage
o e fi en Th N „
than 9 drama
interce" ' � r:
grease ptor with a minimum capacity of 1,000 gallons. A larger grease interceptors)
may be required based on .the total amount of drainage fixture units as per the most current
Uniform Pliirn'bing Codee':
establi- mechanical_..., Grease Interce
fixture un ` its w bin"th'e kitchquired,' for any food
B. H dro;
Y
shment with less than 9 d' I� Trap
" '
en. A minimum grease
removze of 5 10 pp d byflhe Plumbi1'valve is required or an equivalent grease i
al � is aped wi � � .11 tra s device tla equipped rove'
II. t ui rig aril Drainage In' stitute (PDI) may be
p
„ p, � p o a aratet ease tra d larger e grease ,
r considered. If two or mor xture W be lambed t tares int ,
si ificant draina e fi _ e .p um e
may be` require
'based on total amount of drainage fixture unit er grease
trap, each separate
trap(s)' q as per the most
current Uniform Plumbing,Code.
IUN� IIi I¢,!Ii I ts °I I I�,`
A vent. , is required� be installed' downstream of any interior grease trap in accordance with
the Uniform Plumbing Cdde.
8
u
y ,
n
C. The followin connections g ns are restricted and /o'r' prohibited:
I
1. Garbage grinders (disposals), except in the case where a 1 gallon grease interceptor
(or.,,;larger) is in use.
2. Dishwashers, except in the case where a 1,000: gallon grease interceptor (or larger) is in
use.
3. Toilets, urinals, wash basins .or any fixtures receiving fecal material shall not flow
through the grease removal device.
TABLE
DRAINAGE, FIXTURE UNIT'V°ALUES"
Ty "pe of Kitchen Fixture
Trap &.Trap Arm Size
Fixture Units
';Hand sink,
A
0
Prep 1- 6ompartm'ent'sink
i x inch
3
2compartment; sink
1 % :;mch
3
3- comp_artment,sink
1 %.in,&
3
1 '3compartmeni:sink "
2,inch '
4
3- corimpartment sink
3'inch
6
Mop sink _
2 inch
3
'Wok stove drain
2,inch
4
,Dishwasher �� „,
��2'inch_.
_ ,4
'Floor Drains
2,3,6rAJhch
2,3, or 4
`Floor sinks
3; o(4 inch
3, or 4
I
Notes:'
1. Hand sinks are not required to be plumbed to any grease removal device.
2. Prep sinks, mop, sinks and;floor drains may required to be connected to a grease'
3. Tr : Arm is the portion th fixture drain between a' trap la
removal device at the „discreti
on of the City.
p end the vent.
.r gr q
4. An di shw as her
gr y require a minimum 1,000
,
ga p
a ease removal device w1
l;lon a t h or extenor ,tor:
y
5. For an in waste systems where 'drains and floor sinks, are used as a receptor for
direct w
,
dishwashers 2- I and 3 -c
ompartment sinks', or other similar fixtures the drainage fixture
unit count hall be twice the'floor sink or`hub drain fixture unit count and the drainage
fixture unit.co,unt for the indirect waste source is not counted:
'The removal, device, shall be, maintained in efficient operating condition p removal
of accumulated'grease,' , grit, . il lint, sand or ,other material. Failure to clean or maintain the
removal. device .shall be a violation and' subject to an enforcement action as stated in City codes
gu having excessive 'temperatures, (from dishwashers for example)
and re latlons ';, Wastewater
JI
causing the Pass Through of grease, shall not be dischar`.ged to the removal device. No
ymes, solvents or any other substances. which cause the Pass Through of grease
shall
emulsifiers
be us d Zin the removal device.' Removal devices shall be located upstream of any
g g 0 deg Fahrenheit. ' Users requiring removal devices
shall maintain records of maintenance
dishwashers or discharges exceeding 11 gr
and cleanirig of removal. devices . for three years. These
records shall be made available to the City for inspection, and copying upon request.
I
I
dl
6
lup' ddrl i,
I
', ( ng Code) 1 devices shall be removed as required for
abandoned' septic tanks Uniform . lumbi
Abandoned ease fat t oil lint or sand; remou within , 30 calendar, -days of cessation of
business. All costs related. to the installation or removal of the devices shall be the responsibility
of the Uset or property owner.
Section 15.48.160 - National Categorical Pretreatment 'Standards is amended to read as
follows:
Industrial Users must comply with applicable Categorical Pretreatment Standards,
national prohibited discharge standards the, City's prohibitions, the City's local limits, or
' BMPs, whichever are most stringent. The Categorical Pretreatment Standards found in
40 CFR Chapter 1, Subchapter N., Part 405 through 471 are hereby incorporated into this
i� part'.
t
The City may authorize the Industrial User subject to a Categorical Pretreatment
Standard , to forego sampling of a pollutant regulated by 'a Categorical Pretreatment .
Standard if the Industrial User. has demonstrated through sampling, and other technical
factors that the pollutant is neither. present nor expected to be present in the Discharge, or
,
is present ;only at background levels from intake water and without any increase in the
pollutant due to activities of the Industrial User, subject to. the conditions set forth in 40
CFR 403 12(e)(2). This authorization is subject to the following: conditions:
( y may p etermined to be present
i The Cit authorize a waiver where a pollutant is d
'e y g t
solel due to Wastewater discharged' °from the facilit y provided that the
'.P d Wastewater .is not regulated by an applicable Categorical. Pretreatment Standard
and otherwise includes no Process Wastewater.
ly (ii) The monitoring waiver is valid only for the duration .of the , effective period of the
permit, but in no case longer „than 5 ,years. The .Industrial User must submit a new
request for the waiver. before the waiver can `be granted for each subsequent
permit.
(i) g a demonstration that a pollutant is not present, the 'Industri al; User must
(iii) In Makin
proviide, data from at'least one sampling of the facility's process wastewater prior
o
y treatment present at the facility that : is representative of all Wastewater
from all ,;processes. The request for a waiver must be signed by the Authorized
Representative: of Industrial User and include the certification statement in 40
R 4016 a 2 ii . Non- detectable sample results may only be used as a
de'monstration`t1hafa pollutant, is not present p' EPA ,app "roved method from 40
CFR Part 136 with the lowest minimum detection level for that pollutant was used
in the analysis.
(iv) A grant of the monitoring waiver by the City must be included as a condition in
the Industrial User's permit. The :reasons supporting the waiver and any
information submitted by the Industrial User in its request for the waiver must be
maintained by`the City for 3 years after expiration of the waiver.
III . .
10
ii ll,
v O Upon approval of the - monitoring waiver and revision of the :Industrial User's
permit by the. City, the Industrial User must certify on each report with the
statement below, that there has been no increase in the pollutant in its waste
stream due to activities of the Industrial User:
fie
y of the person or persons directly responsible for managing
compliance with h
Base on my mq he Pretreatment Standard for 40 CFR ; [Specify applicable
National knowledge and b Pretreat
ief there has been no increase in the le the best of my
� level of [list
pollutants(s)] in the wastewaters due to the activities at the facility since filing of
the >last periodic report under 40 CFR §403.12(e)(1).
(vi) In' 4the event that a waived pollutant is found to be present o is expected to be
present based on changes that occur in the Industrial ,User's operations, the
Industrial User must immediately: Comply with the monitoring requirements in
40�CFR §403.'12(e)(1;) or other more frequent monitoring requirements imposed
by the City; and notify the City.
(vii) This provision does not .supersede certification ,processes and requirements
established in Categorical Pretreatment Standards, except as otherwise specified
in the Categorical Pretreatment Standard.
Section 15,.48.170 Best Management Practices as Industrial Pretreatment Limits —
" Sections 1- 5.48.170A and 15.48.1..70E are hereby amended to read as. follows:
Section 1.5.48.170 — Best Management Practices as Industrial Pretreatment Limits.
i
A. Background. Industrial local Pretreatment limits may be expressed through
'I
conditions in the User's permit as narrative ,stateriients (typically prohibitions) such as
in 1548.020, numerical values such as those listed in 15.48.030 or a combination of
both expressed as 'Best Management Practices (BMPs) (40 CFR §403.5(c)(4)).
Historically BMPs only applied to groups of low flow discharges that had similar
` processes and discharged similar types of Wastewater (e.g. photo processors and
dentist offices). However, with the recent lowering of Indirect Discharge limitations
and improved analytical methods, the Citywill begin using BMPsI: in cases where it is
not practical or economically feasible for an Industrial User to monitor for or attain
i , specifib numerical Pretreatment limits. This section gives the City'the ability to shift
from numerical end -of -pipe chemical controls on an Industrial User to BMPs and
Pollution prevention as an effective way for the City to achie v,e compliance with
NPDES permit limits. B1VIPs are enforceable under 40 CFR 403.5(d). In cases where
the National Pretreatment Standard requires compliance with ai Best Management
Practice or pollution prevention alternative the Industrial User shall submit
documentation as required by 'the City or the applicable National Pretreatment
Standards to detennine compliance with the National Pretreatment Standard as a
component of the Baseline Monitoring Report as required by 40' CFR
11
I N
IAN' i
i
403.1, , b 5 ii and Industrial Users not subject to Categorical Pretreatment
Standards must submit documentation regarding BMP or pollution prevention
implementation required by the City to determine the compliance status of the
Industrial User as required by 40 CFR §403.12(h).
,I„ I
E. BMPs;
may be used at the discretion of 'the. City where appropriate to meet such
Pretreatment standards in a practical and economic fashion.
I
'. 1.. Dental practices shall implement 'th'e following BMPs to ,reduce the amount of Mercury
entering the wastewater system as recommended by the California Dental Association in
20'1"'0 within '6 months of the adoption date .of this ordinance':
a. ' "Do not rinse amalgam - containing traps, filters, or containers in the sink as required by
CCR Title 22.
b. 'pDo not place amalgam, elemental mercury, broken or unusable amalgam capsules,
extracted teeth with. amalgam, or amalgam - containing traps and filters with medical
"red -bag waste or regular solid waste.
c. " Recycle, or manage as hazardous.waste, amalgam, elemental mercury, broken or
:, g p` amalgam -containing waste from
nusable amalgam ca sules extracted teeth with aura
I
traps and filters. Empty dental amalgam capsules containing,no visible materials may
be disposed of as a non - hazardous waste.
g
d. �' Collect and store dry dental. `ainal am waste. in :a designated, airtight container.
Amalgam, which is designated for recycling, should be labeled "Scrap Dental
Amalgam" with" the name address and phone number` of your office and the date on
which you first started collecting material in the container.
e. Keep a log of your generation.and disposal of scrap amalgam; inspectors may ask to
see this to verify that your office is managing it correctly.
f. Separate excess contact dental amalgam from gauze that is, retrieved during
' Olaceme tT and place in an appropriate container. Use chair side traps to capture dental .
amalgam.
g. Change or clean, chair side traps frequently. Flush the vacuum system before
changing the chair side trap.
h..', Change. vacuum pump filters and screens, at least monthly or as directed by the
manufacturer.
i. Check the p -trap under your sink for the presence of any amalgam - containing waste.
h ,
12
,r
j. 'Eliminate ull use of bulk elemental mercury and use only capsulated dental
amalgam for amalgam. restorations.'
k. Limit the amount of ' aural am triturated d (ground to a fine powder) to the closest
amount necessary for the restoration.
1. Train staff that handle or may handle mercury- containing material in its proper use
and disposal.
m. Install an amalgam separator compliant with ISO 11143.
n
Do not use bleach to clean discharge system; as this may mobilize legacy mercury and
amalgam in the system.
CHAPTER 15.52 - SEWER USE DISCHARGE PERMI
Section 15.52.050 - Permit conditions - the following provisions of this section are amended to
read as follows, except that subsections C through M shall remain unchanged:
A. Effluent limitations as required by Chapter 15.48 of this Ordinance, (including all
aspects of this section. prohibitions., focal limits, BMPs) or to meet Pretreatment
Standards. This section also includes a description of process and .non- Process
Wastewater Discharges, outfall description, sampling. °location, composite sampling
and grab sampling description, peak flow requirements, and general Discharge
standards.
B. Monitoring requirements including, an identification of the pollutants to be monitored
(including the 'process for seeking: a waiver for a pollutant neither present nor
expecied to be, present in the Discharge in accordance with 40 CFR §403.12(e)(2), or
a specific waived pollutant), frequency, sampling location 'and' sample type. All
,sampling and analytical methods, shall be performed-iii accordance with 40 CFR 136. .
Section 15 52:070 = Reporting
re�quirements,- sulbdivision (B and C) - the following
provisions,.of this section 'are amended to read in full as follows:
Inl^ y J categorical A. I . acc
An a rd Indust a'1 User subject to , a c reports on continued compliance,
'Pretreatment Standard (Chapter 15.48.010,
ca nt Categorical User as defined
m 40CFR4.3.3 v 2 after the com liane
15:48.020- 15.48.030 15.48.035' except a Non - Si ifi
� �( )O p e date of such Pretreatment Standard, or, in the
case of a New Source, after commencement of the Discharge into the POTW, shall
submit to the City during the months of June and December, unless required more
frequently in the 'Pretreatment Standard or by the permit or ,City, a report indicating the
nature and concentration of pollutants in the effluent which are limited by such
Categorical Pretreatment Standards. In addition, this report shall include a record of
measured or estimated average and maximum daily flows for the reporting period. The
13
���, � Maui, ii ?" �i4ru �q�•' ,.� �u� :iG�.' ,
Industrial ` User r shall submit information i ,.sl%6wing , the measured average daily and
maximum daily flow, in gallons per day, to the POTW from each of the following:
a. l Regulated process streams.
b.`�,Other streams as necessary to allow use of the combined waste stream formula
N,described in 40 CFR 403,.6(e), except that the City may require more detailed
reporting of'flows The, City may allow for verifible estimates of these flows where
,factors local high or low flow rates, of the City and in consideration. of
such
_ .as f or feasibility. At the disci
justified by cost
g s, holidays, budget cycles, etc., the City
p
Pay gr. alter the months during which the reports are -to be submitted.
ma a ee to.
C . 1In cases where the Pretreatment ,Standard requires compliance with Best Management
Practice (or .Pollution prevention alternative), 'the User shall., submit documentation
required by the City or the `Pretreatment Standard necessary to determine compliance
li status of the Industrial User.
d. Jf the q y gu p. at the appropriate sampling
location more frequently than required b the Cit procedures prescribed above,
! °the results of this monitoring shall be included in the report,
2. Where the City has imposed mas's limitations 'o' Industrial Users as provided for by
15:48.030, the report required by paragraph (1)- !ofth1s section shall indicate the mass of
pollutants regulated by Pretreatment Standards in the Discharge from. the Industrial User.
3 Industrial Users subject to equivalent mass or concentration limits established by the
City in accordance with "the procedures in 40 CFR' 4,03.6(c), the report required by
paragraph (1).of this section shall contain�a reasonable measure of the User's long term
production rate' 'For all other' Industrial Users subject to Categorical Pretreatment
.Standards expressed onlyin terms of allowable,pollutant Discharge per unit of production
(or•other measure of operation), the report required by' paragraph (1) of this section shall
include the User's actual average production rate for the reportin&period.
B. .In accordance with 40 CFR 403.12(h), Reporting 'Requirements for Industrial Users not
,,subject,.,to Categorical Pretreatment Standards. The City shall require appropriate reporting
from th ose ose I
ndustrial Users with Discharges that are not subject to Categorical Pretreatment
Stand
aids S•gnif cant,�non- Categorical Industrial. Users shall submit to the City at least once
every ,, six, _ (6) months (on dates specified by the City) a description of the nature,
concentration and ,flow of the poll'utant's required to 'be reported by the City. In. cases where
a local limit requires compliance - with a Best. Management Practice or Pollution prevention
alternative, the User must submit documentation as required- by the City ° to determine the
compliance status ''of the User: These reports shall, be based on sampling and analysis
performed in the period covered by the report, and performed in accordance with the
techniques described in 40 CFR part 136 and amendments thereto. Where 40 CFR part 136
does dot contain .sarnpling or analytical techniques :for the pollutant in question, or where the
Administrator determines that the part 136 sampling and analytical techniques are
14
III an tion,, samplingand, analysis shall be perf6nned by using
inappropriate for the pollut ' t in ques
validated analytical methods or any other, applicable sampling and analytical procedures,
including procedi#e&, suggested by the POTW or other Persons approved by the
Adrnin'i - This sampling and analy§is may be perforined by the City in lieu of the
signifibant non-Categorical Industrial User. Where the POTW itself collects all the
information req pired for the report, the non-Categorical Industrial User will not be required
' u
to submit the report. If the Industrial, User monitors any regulate p ollutant at the' ' e appropriate
sam mo re requently ,than; required by the, City using procedures prescribed
ptipg location, ", f
above,Ahe r suits of this monitoring shall be included in the report.
In addition the • City may requi , re,that any User discharging, Wastewater into the Sanitary
a
Sewedfile, a periodic Discharge report. The Discharge report , may y i n clude, but need not be
limited to; nature of process,, volume, rates of flow, Mqss,Emis,sion Rate, hours of operation,
j
number and classification of employees, or,other inforffi "which relates to'the generation
III of ch see including Wastewater constituents and characteristics in the Wastewater Discharge.
u
port may a so include the chemi constituents of solid ,liquid or gaseous materials
stored on site even though they7may not normally be Discharged.
C. Reporting Requirements for Industrial User upon effective date tof Categorical Pretreatment
Standard - Baseline Report.. Within one hundred eighty (1.80 days after the effective date of
categorical Pretreatment 'Standard, or one hundred eight y (l 80) days after the final
administrative decision made upon a category determination submission under' 40 CFR
4 , 03.6(,it)(4), whichever is , later, existing Industrial Users ",�` subject - to such Categorical
Pretrea""tment Standards and currently discharging to `or scfiedule�d to Discharge to a POTW
shall be required to. submit to the City a report which contains the information listed in
paragraphs (b)(1)-(7) of 40 CFR 403J 2(b) and which includes "the l following:
I Identifying Information. The User shall submit the name and address of the facility,
in6luding the name of - the operator and 'owners:
2. Permits. The User shall submit a list, of any environmental control permits held by or for
the facility.
IIII 3. D' escription of Operation. The User shall submit a brief description of the nature of the
process, average Tate of production, (flow, volume, subs,tance.s, and concentrations in the
waste Discharge)- The User shall also submit the Standard Industrial Classification - (SIC)
of the ope'rati6n(s) carried- out by such Industrial User. This , :description , should include a
schematic process diagram, indicating points of Discharge to the POTW from the
regulated processes.
4.- Flow Measurement. User shall submit information showing the measured average daily
and maximum daily flow, ingallons per day,, to the PCITW from the regulated process
streams and other streams as necessary to allow use of the combined, waste stream
for`m u I a.
5. Measurement of Pollutants.
1.
15
T
a. The User shall identify the Pretreatment Standards applicable to each regulated
process.
b.; ` The User shall submit the results of sampling and analysis from each regulated
process to the City. The daily maximum and average concentration shall be reported.
The sample shall be representative of daily operations. In cases where the National
Pretreatment Standard 'requires compliance with a Best Management Practice or
pollution prevention alternative, the User shall submit documentation as required by
the City or the applicable National' Pretreatment Standards to .determine compliance
with the National Pretreatment Standard.
c. The proper and approved method of sampling (grab, flow - proportional composite, or
time- proportional composite) will be utilized to obtain representative results.
d. A minimum of one representative sample will. be taken to comply with the
requirements of this section.
e. Samples should be taken immediately downstream from Pretreatment facilities, if
such exist, or immediately downstream from the regulated process if no Pretreatment
exists. All flows and concentrations must be measured to allow use of combined
waste stream formula.
f. Sampling and analysis shall be performed in accordance with the techniques
prescribed in 40CFR.part.136 and amendments thereto. Where Part 136 procedures
do not include sampling or analytical techniques or where Part 136 methods are
deemed (by EPA Administrator) to be inappropriate, sampling and analysis shall
occur according to procedures approved by EPA. 40CFR 403.12(8)(4) states for
sampling required in support of baseline monitoring and ninety (90)day compliance
reports required in 40CFR 403.12.(b)'and (d), a minimum of four Grab .Samples must
be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic
compounds for facilities for which historical sampling data do not exist; for facilities
for which historical sampling data are available, the City may "authorize a lower
minimum.
g. The Baseline Monitoring Report • (BMR) shall indicate the time, date' and place of
sampling and methods of analysis, and shall certify that such sampling and analysis is
representative of normal work cycles and expected pollutant Discharges to the
•POTW.
h. A BMR containing historical data may only be used upon approval by the City. Ref.
40CFR 403.12(b)(5).
6. Certification. A statement reviewed by an authorized representative of the Industrial User
and certified to by a qualified professional, -indicating whether Pretreatment Standards are
being met on a consistent basis, and, if not, whether additional operation and maintenance
16
(0 and M) and /or additional 'Pretreatment is required for.the Industrial "User to meet the
Pretreatment Standards and Requirements.
7. Compliance Schedule. If additional P`ietreatment and /or O and 'M will be required to meet
the Pretreatment standards the shortest schedule by which the Industrial User will
provide such additional Pretreatment and /or O and M. 'The completion date in this
schedule shall not be later than the ,compliance date established for the applicable
Pretreatment Standard.
At lea 1 st ninety (9% days prior. to commencement of a Discharge, New Sources and sources
that become Industrial. Users subsequent to the promulgation of an applicable categorical
Standard ;;shall be required to submit to the City a report which,contains the information listed in
paragraphs (b)(1`)- ..(5) "of 40 CFR 403.12(b). New sources shall also be required to include in this
report information on the method of Pretreatment the source - intends to use to meet applicable
Pretreatment standards. Now Sources shall give estimates of the information required in
paragraphs b(4) and b(5) of 40 CFR 403.12(b).
D. Compliance schedule for meeting, ' Categorical Pretreatment Standards. The following
conditions shall apply to the schedule required by paragraph 40 CFR 403.12(b)(7):
1. The schedule shall contain increments. of �' ro ess `in the form of dates for the
P
commericenient and completion'of major events leading to the construction and operation
of,, additional Pretreatment required for the Industrial User to meet the applicable
Categorical Pretreatment Standards (e.g, hiringi an engineer, completing preliminary
plans, completing final plans, executing contract for'. major components, commencing
construction, completing construction, etc.).
2. No increment referred to in paragraph (D)(1) of this section shall exceed nine (9) months.
3. No later .than ,fourteen (14) days following .each date i it the schedule and the final date for
p e Industrial User shall, submit. a progress report to the City including at a
minimum, _ ` p
whether o snot it complied with th'e ncrementl.of progress to be met on such
date and, if not, the date on which it expects, to comply with this increment of progress,
the reason for the delay, and steps being taken by' the Industrial User to return the
construction to, the schedule established: In no. event shall more than nine (9) months
elapse between such progress reports to the City.
Ini'Accordance with 4:0 CFR 403.12(d) Report on compliance with categorical
Pretreatment standard deadline. Within ninety (90) days following the date for final
compliance with applicable :Categorical Pretreatment Standards or in the case of a New
Source g follow,
U Us co
mmencement of the introduction of Wastewater into the POTW, any
Industrial
r subject to Pretreatment:. Standards and Requirements shall submit to the City a
repoff; contain ing "the information described in paragraphs 40 CFR 4011`2(b)(4) -(6). For
j to equivalent mass .or concentration limits established by the City in
accordance e
ordance with the ro'cedures in 40 CFR 403.6(c), this report shall contain a reasonable
measure of the User's longterm production rate. For all - other Industrial Users subject to
17
u'
Categorical Pretreatment Standards expressed in terms of allowable pollutant Discharge per
unit of�,prouction '('or other measure. of operation), this report shall include the User's actual
production during the appropriate sampling period.
E. Certification:
1. The reports required by 15.52.100(A)(B)(C)(D) and 40 CFR 403.12(d) shall include the
certification statement:
I certify under . penalty of law that this document and all attachments were prepared
under 'my direction or supervision in .accordance with a system designed to assure that.
qualified personnel properly gather .and evaluate' the information submitted. Based on my
inquiry of the Person or Persons who manage the system, or those Persons directly
responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and imprisonment
for knowing violations:"
2. Certification statements shall be signed as follows:
a. By a responsible corporate officer,, if the Industrial User submitting the reports
required by paragraphs 15.52.100(A)(B)(C) and 40 CFR 403.12(b), (d), or (e) is a
corporation. For the purpose of this paragraph a responsible corporate officer means:
(1) A president, secretary, treasurer, or vice- president of the corporation in charge of
a.principal business, function or,any other Person who performs similar policy- or
decision- making functions for the corporation; or,
(2) The manager of one or more manufacturing, production, or operating facilities,
provided, the manager is authorized to 'make management decisions which govern
the operation of the regulated facility including having the explicit or implicit
duty of making major capital investment recommendations, and initiate and direct
other comprehensive measures to assure long-term environmental compliance
with environmental laws and regulations; can ensure that the necessary systems
are established or actions taken to gather complete and accurate information for
control, mechanism requirements; and .where authority to sign documents has been
assigned or delegated to the manager in accordance with corporate procedures.
b.. ! By. a , general partner or proprietor if the Industrial User submitting the reports
required by" 1 5.52.100 (A)(B)(C)(D) and 40 CFR 403A 2(b), (d), or (e) is a partnership
or sole proprietorship, respectively.
c. By a duly. authorized representative of the individual described in paragraph (2)a or
(2)b of th's section. if.
18
(1) The authorization is made in writing 'by the individual designated in paragraph
(2)a or (2)b.
(2) The authorization specifies either, an individual or a position having responsibility
F for 'the overall operation of the, facility from which the industrial Discharge
V originates, such as the position of-Plant Manager, operator of a well, or well field
superintendent, or a position of equivalent responsibility, or having overall
responsibility for environmental matters for the company.
(3) The written authorization is submitted to the City.
d. ° If an authorization under paragraph (2)c of this section is no longer accurate because.
a different .individual or 'position has responsibility for the overall operation of the
:i, facility," or overall responsibility for the environmental .matters for the company, a
i new authorization satisfying the requirements of paragraph (2)c of this section must
be submitted 'to the City prior to or together with any reports to be signed by an
authorized "representative.
h
F. Notification of changed Discharge . (40 CFR 403.120)). All Industrial Users shall promptly
not6 POTW in advance of any substantial change in the volume or character of
pollutants in their Pischarge, including 'the listed or characteristic Hazardous Wastes for
which the Industrial User has submitted initial noti
fi�cationunder 40 CFR 403.12(p).
Furthermore, all permittees shall ,give advance notice to the City of Petaluma of any planned
changes in the permitted facility or activity which may result in noncompliance with permit
requirements.
7
G. Monitoring and'analysis to demonstiate continued compliance.
1. The rep orts required in 15
52.100(A)(B)(C) of this section and 40 CFR 403.12(d) shall
p q
contain the results of samJ ling and analysis of the Discharge, including the flow and the
n ature and concentration, or production and mass where requested by the City, of
p is contained therein which are limited by the applicable Pretreatment Standards.
This sampling and analysis may be performed by the City -in lieu of the Industrial User.
9 p e re,the P OTW q sam y
e User will not be re to submit the compliance certi
OTW p the re uired sam „ m � an analysis lieu of the Industrial
Use i
. „r� th
fication required under
CFR. 403.12(b)(6) and 40 CFR 403.12(d). In addition, where 'the POTW itself
collects all the information required for the report, including flow data, the Industrial
User will not be required to submit the report.
ry
2. If sampling ,performed by an Industrial User indicates a violation, the -User shall notify
the City within 'twenty -four hours of becoming aware of the violation. The User shall
also repeat the sampling and analysis and submit the results of the repeat analysis to the
City within thirty (3,0) days after becoming aware of the violation except the Industrial
User is not'iequ ied to resample ' f:
19
a. 'The City performs sampling at the Industrial User at a frequency of at least once per
,u month,
b. The City performs sampling at the User between the time when the,User performs its
initial sampling and the time when the User receives the. sampling results of this
;sampling; or
c. 1� Where the POTW has performed the sampling and analysis in lieu of the Industrial
User, the POTW must perform the repeat sampling and analysis unless it notifies the
User of the violation and require- s the: User to perform the repeat analysis. Repeat
sampling and analysis must be doe within thirty (30) days of becoming aware of the
violation.
3. The reports required' in paragraph 15,.52.,I00(A)(B)(C.j(D) of this section and 40 CFR
403.12(d) shall be based upon data obtained through appropriate sampling and analysis
performed during the' ,period covered .by the report, which data is. representative of
conditions occurring during the reporting period. The City shall require that frequency
of � m able Pet eatment Standards and Requirements. co
Grab Samples Indu Users with
app t.be used for
pH cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds. For
all other pollutants 24 -hour Composite Samples must be obtained through flow -
proportional . composite sampling techniques, unless time proportional composite
sampling or grab sampling is authorized by the City. Where time proportional
composite sampling or grab sampling is authorized,by the,City, the samples must be
representative of the Discharge and the decision to allow the alternative sampling must
be documented in the Industrial User file for that facility, or facilities. Using protocols
(including appropriate preservation) specified in 40 CFR part 136 and appropriate EPA
p 24 -hour period . may be com
guidance, multiple Grab Samples collected in a p. y osited in the p
laboratory or in the field; for volatile organics and' oil & grease the samples may be
composited in .the laboratory. Composite Samples for other parameters unaffected by
the` compositing procedures as, documented in approved EPA methodologies may be
authorized by the City, as appropriate.
4. All` analyses shall be performed in accordance with procedures established by the EPA
pursuant to section 40 CFR 304(h) of the Act and contained lin .40 CFR 136 and
amendments thereto or with any other test procedures approved by the EPA. Sampling
shall erforme'd in accordance with the techniques approved by the EPA. Where 40
CFR part '136 does not include sampling or analytical techniques for the pollutants in
question, ,or 'where the EPA determines that the part 136 sampling and analytical
techniques are 'inappropriate for the pollutant in question, sampling and analyses shall be
P procedures,,, including procedures suggested b the POTW or other parties,' and analytical
using validated analytical methods or an other. sam
, p , � , , � g p gg Y parties,' approved by
the EPA..
5. .If an Industrial User subject to the reporting requirements in paragraph 15.52.100(A) of
? this section monitors. any pollutant more frequently than required by the City, using the
r: 20
lip
Procedures prescribed in paragraph .(G)(4) of this section, the results of this monitoring
shall be included in the report.
H. The permittee shall furnish to the City of Petaluma, within thirty (30) days any information
which the City, of Petaluma may request to determine whether cause exists for modifying,
revoking and" reissuing, or terminating this permit; or to determine compliance with this
permit. The perrriittee.shall also, upon request, furnish to.theCity of Petaluma within five
(5) days copies of any records required to be kept by this permit.
I. Any permittee that experiences an upset in operations that places the permittee in a
temporary state of noncompliance with the provisions of either this permit or with Title 15
shall inform the City of Petaluma within twenty -four hours of becoming aware of the upset
condition.
J. The Industrial User shall notify the POTW, the EPA Regional Waste Management Division
City, and State Hazardous Waste authorities in writing of any Discharge into the POTW of a
substance, which, if 'otherwise disposed, of, would be a Hazardous Waste under 40 CFR Part
261. Such notification must comply withthe! requirements contained in 40 CFR 403.12(p).
e
K. All Categorical and non - Categorical Industrial Users shall notify the: POTW immediately of
all Discharges g he facility p otenti
ems to t he.P.OTW, including any slug loadings, or any
`
changes at ts that could cause affecting the p 'al for Slug Discharge as defined by 40 CFR
A ll 403.8(d (2)(vi), 40 CFR 403.5(b) and 403.8(f)(2)(v).
A ;written follow -up report of the upset shall be' filed by the permittee with the City
within: five (5) days. The report shall specify:
1. Description of the upset, the cause(s) thereof and the upset's impact on the permittee's
compliance status.
2. Duration of noncompliance, including exact dates and times of noncompliance, and if
not corrected, the anticipated time the noncompliance., is expected to continue.
3. All steps taken or to be taken to reduce, eliminate and prevent recurrence of such an
upset
If the report ''demonstrates that the treatment plant was operated in a prudent and
!' workmanlike mariner, and in compliance with this section, a documented and verified
operating upset may be used as an equitable defense to mitigate any enforcement actions
h brought against the permittee.
L. Noticp" to employees Discharge regulations. In. order that employees of Users be informed
of City requirements, Users shall make available to their employees copies of these
I, regulations together, with such other Wastewater information and notices which may be
furnished by the City from time to time directed toward more effective water Pollution
control
21
c
CHAPTER 15.72 - CHARGES AND FEES
Section 15,72.010 — Purpose is amended ; to add the following:
No services of the wastewater system shall be furnished to a consumer free of charge.
SECTION 3. Compliance with the California Environmental Quality Act, The City Council
finds that this Ordinance is exempt from the provisions the California Environmental Quality Act
( "CEQA ")',:pursuant to sections 15308 (the activity is an by a regulatory agency as
b state law or loca ordinance inance to assure the maintenance, restoration, enhancement,
or p otec on of the environment ),15060(c)(2) (the activity w'
�
it not in a direct or
reasonably foreseeable indirect, physical change in ) he environ ment) and 15060(c)(3) (the
activity is knot a project as defined in section 15378 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
an erson or circumstances, such ille alit invalidit unconstitutionalit or inapplicability
y p g y� Y, Y� pp y
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. T,he,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 ) 2011.
ADOPTED this day of , 2011 by following vote.
David Glass, Mayor
23
i
l
ATTEST:
Claire Cooper, CMC, City Clerk
1486449.3
InP r.
'i
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
24