REPORT TO COUNCIL
SUBJECT
Title
Action to Waive Second Reading and Adopt Ordinance No. 2039 Amending Chapter 13.10 “Sewers” of Title 13 “Public Services” of the City of Santa Clara Code to Modify Regulations Regarding Pretreatment Programs to Conform with Recent Updates to the Regional Wastewater Facility Requirements
Report
COUNCIL PILLAR
Deliver and Enhance High-Quality Efficient Services and Infrastructure
BACKGROUND
At the December 14, 2022 Council meeting, proposed Ordinance No. 2039 was introduced and passed for the purpose of publication. Pursuant to City Charter Sections 808 and 812, proposed Ordinance No. 2039 was published on January 5, 2022, and copies were posted in three public places. The Ordinance now comes to Council for final adoption.
DISCUSSION
The City of Santa Clara is a co-owner of the San José-Santa Clara Regional Wastewater Facility (RWF) with the City of San José, who acts as the administrator of the facility. As administrator, San José ensures compliance with discharge requirements under the federal National Pollution Discharge Elimination System (NPDES) permits. Included in those requirements are water quality standards for the discharge into water bodies that were originally established by the 1972 Federal Clean Water Act. Discharging facilities such as the RWF are required to establish Pretreatment Programs that ensure that treated wastewater is free of regulated pollutants in order to protect public health and the environment, including the health of San Francisco Bay.
The Regional Water Quality Control Board and the Environmental Protection Agency (the state and federal agencies responsible for administering the NPDES permit program) made certain recommendations for the Pretreatment Program in an April 2019 audit. On June 3, 2021, San José amended chapter 15.14 of its municipal code to adopt those recommendations. The changes are largely of a technical nature, and include adding or editing defined terms, permit and reporting requirements, as well as administrative penalties and enforcement provisions. Staff proposes to amend Santa Clara Code Chapter 13.10 to conform with San José’s changes as referenced in the proposed ordinance (Attachment 1).
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality Act under Section 15308 of the CEQA Guidelines, actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
FISCAL IMPACT
The amendment to Santa Clara City Code does not have a fiscal impact other than City staff time.
COORDINATION
This report was coordinated with the City Attorney’s Office.
PUBLIC CONTACT
A summary of proposed Ordinance No. 2039 was published to the Santa Clara Weekly on January 5, 2022, and copies were posted in three public places and made available for public inspection at the City Clerk’s Office.
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov.
RECOMMENDATION
Recommendation
Waive Second Reading and Adopt Ordinance No. 2039 amending City of Santa Clara Code Chapter 13.10 (Sewers) of Title 13 “Public Services” of the City of Santa Clara Code to modify regulations regarding pretreatment programs to conform with recent updates to the Regional Wastewater Facility Requirements.
Staff
Reviewed by: Caio Arellano, Assistant City Attorney
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Ordinance No. 2039 (Introduction)