REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Introduce an Ordinance 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
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.
San José Municipal Code Chapter 15.14 (Sewer Use Regulations) establishes the mechanisms by which San José ensures that customers comply with discharge requirements so that the RWF can treat wastewater and discharge to a level required by state and federal regulations. Such mechanisms include permit and use requirements, as well as administrative fines and penalties. Santa Clara code chapter 13.10 is intended to align with San José code chapter 15.14 as customers of both cities discharge to the RWF.
DISCUSSION
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
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 <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Waive first reading and introduce the ordinance amending City of Santa Clara Code Section 13.10 (Sewers)
Staff
Reviewed by: Gary Welling, Director, Water & Sewer Utilities
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Proposed Ordinance Amending Chapter 13.10
2. Redline of Proposed Ordinance Amending Chapter 13.10