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HomeMy WebLinkAbout08. Conduct a public hearing to receive comment and consider adopting codified Ordinance No. 331 amending District Code Titles 6, 7, and 10 Page 1 of 12 Item 8. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: DECEMBER 21, 2023 SUBJECT: CONDUCT PUBLIC HEARING TO RECEIVE COMMENT AND CONSIDER ADOPTING CODIFIED ORDINANCE NO. 331 AMENDING DISTRICTCODE TITLES 6, 7, AND 10 SUBMITTED BY: INITIATING DEPARTMENT: DANA LAWSON, SENIOR ENGINEER ENG-PDS-DIVISION MANAGER COLLEEN HENRY, ENVIRONMENTAL COMPLIANCE PROGRAM ADMINISTRATOR REVIEWED BY: DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES MANAGERR LORI SCHECTEL, ENVIRONMENTAL & REGULATORY COMPLIANCE DIVISION MANAGER GREG NORBY, DEPUTY GENERAL MANAGER - OPERATIONS Roger S. Bailey Leah Castella General Manager District Counsel ISSUE A public hearing is required prior to the Board of Directors (Board) considering revisions to District Code. BACKGROUND As part of a periodic review of the District Code, staff has identified various changes required in order to conform with external requirements, internal practices, and to otherwise enable the more efficient management of Central San' s operations. Section 6.12.070, Capacity Fee Credits This revision will align current practices with District Code. December 21, 2023 Regular Board Meeting Agenda Packet- Page 59 of 461 Page 2 of 12 Section 7.03.020, Procedures to quitclaim or vacate real property interests Current practice is Central San staff recommends to the Board to adopt a parcel-specific resolution to quitclaim an unused easement or one that is no longer needed due to a relocation and easement exchange. These land-rights may have been established by a grant of easement or offer of easement through a subdivision map, declaration, CC&Rs, irrevocable offer of dedication, or other legally recorded document. Staff is recommending revisions to District Code Section 7.03.020, Procedures to quitclaim or vacate real property interests. This would allow delegation of authority to the General Manager or their designees to execute and record quitclaims. Section 10.12.050, Reporting Requirements Changes to allow submittal of electronic documents using a system compliant with 40 CFR Part 3-Cross- Media Electronic Reporting. The proposed changes to this Section requires notification to the Regional Water Quality Control Board, which was made on October 6, 2023. They had 45 days to review(until November 20, 2023); and no comments were received, therefore it is approved. Section 10.32.035 1 nterceptor/Trap Maintenance Standards Addition of `grease traps'to part of Central San's I nterceptor/Trap Maintenance Standards. The proposed changes to this Section requires notification to the Regional Water Quality Control Board, which was made on October 6, 2023. They had 45 days to review(until November 20, 2023), and no comments were received; therefore it is approved. ALTERNATIVES/CONSIDERATIONS After receiving public input, the Board could: • approve all of the recommended updates to District Code as presented; or • approve the recommended updates to District Code with modifications; or • approve none of the recommended updates to the District Code; or • continue the public hearing to a future meeting. FINANCIAL IMPACTS Staff anticipates some time savings after adopting a resolution to delegate authority to the General Manager to execute Quitclaims as allowed by this Code update. COMMITTEE RECOMMENDATION The Administration Committee reviewed this matter at its meeting on December 5, 2023 and recommended approval. RECOMMENDED BOARD ACTION Conduct a public hearing to receive comment and consider adopting codified Ordinance No. 331 amending District Code Titles 6, 7, and 10. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service GOAL TWO:Environmental Stewardship Strategy 1 -Achieve compliance in all regulations December 21, 2023 Regular Board Meeting Agenda Packet- Page 60 of 461 Page 3 of 12 GOAL FOUR: Governance and Fiscal Responsibility Strategy 2- Encourage and facilitate public participation ATTACHMENTS: 1. Proposed Amendments 2. Proposed Ordinance December 21, 2023 Regular Board Meeting Agenda Packet- Page 61 of 461 Page 4 of 12 ATTACHMENT 1 Title 6 — FEES AND CHARGES Chapter 6.12 - CAPACITY FEE PROGRAM 6.12.070- Capacity fee credits. D.Allocation of Capacity Fee Credits. Previously paid capacity fees run with the parcel. Past fee payments which are in excess of current fees due(credits) belong to the parcel owner.Credits may be transferred from one tenant space to another on the same parcel in accordance with written directions from the parcel owner or a property manager authorized by the parcel owner.Where credits are available,they will be calculated on the same basis as the current fees due. December 21, 2023 Regular Board Meeting Agenda Packet- Page 62 of 461 Page 5 of 12 Title 7 - REAL PROPERTY AND IMPROVEMENTS Chapter 7.03 QUITCLAIMING OR "VACATING" EASEMENTS, RIGHTS-OF-WAY AND LICENSES FOR SEWER AND RELATED USES 7.03.020 Procedures to quitclaim or vacate real property interests. If the General MapageFstaff determines that certain property rights held by the District,such as easements, rights-of-way or licenses for sewer, recycled water,or related purposes are unnecessary for present or prospective District use,or that conveyance or exchange of such property rights would be of public benefit, he or she shall prepare a position paper,determination report to that effect.S Eh P85iti^^ papeF d teFF..ination OF..pert which shall be presented*�-;e Reard for 4s-consideration.The Board may in its sole discretion convey such real property rights by authorizing execution of grant deeds,quitclaims or contracts by resolution,or delegate such authority to the General Manager.Vacation of public service easements may also be made by the General Manager, upon delegation of such authority by the Board, pursuant to Streets and Highways Code Section 8333. tFaR1 _1;fP_1FS Of PFE)peFty FightS addFessed iR this ehapteF Shall not be subject to the vacatiOR procedures foF cities Quitclaim deeds shall be authorized by the District only by either: 1. Adoption and recording of a resolution of the Board; or 2. By execution and recording of a "certification of acceptance" by the General Manager pursuant to a resolution of Board delegating general or specific case authority to authorize a quitclaim or to vacate real property interests. December 21, 2023 Regular Board Meeting Agenda Packet- Page 63 of 461 Page 6 of 12 Title 10 - SOURCE CONTROL (PRETREATMENT) Chapter 10.12 - ADMINISTRATION 10.12.050 Reporting requirements. A. Notification of Slug Load or Accidental Discharge or Accidental Spill. It is the responsibility of all industrial users to immediately telephone and notify the District of any slug load or accidental discharge as defined in Section 10.08.040(F)of this title. Notification shall include location of discharge,type of waste,concentration and volume,and corrective actions. 1. Written Notice.Within five days following the accidental discharge or slug load,the user shall submit to the General Manager a detailed written report describing the cause of the incident and the measures to be taken by the user to prevent similar future occurrences.Such notification shall not relieve the user of any expense, loss,damage,or other liability which may be incurred as a result of damage to District facilities,fish kills,or any other damage to person or property; nor shall notification relieve the user of any fines, penalties,or other liability which may be imposed by this title or other applicable law. 2. Notice to Employees. Users who are employers shall permanently post a notice on their bulletin board or other prominent place advising employees of the user whom to call in the event of such a discharge. The user shall ensure that all employees who may cause or suffer such discharge to occur are advised of the emergency notification procedure. B. Prior Notification of Change in Volume or Character of Wastewater.All users shall promptly notify the District in writing(except in emergencies where telephone notification is acceptable) prior to: (1)any new or increased discharge or any change in nature of their discharge which discharge does not meet pretreatment standards or requirements or has the reasonable potential to cause the District to violate its NPDES permit or to cause problems to the District wastewater system; and (2)any substantial change in volume or character of pollutants in their discharge, including listed or characteristic hazardous wastes. C. Baseline Report.All Class I and II industrial users,subject to National Categorical Pretreatment Standards, shall submit to the District a baseline report within one hundred eighty days of the effective date of a National Categorical Pretreatment Standard or one hundred eighty days after final decision on a category determination by EPA or the state,whichever is earlier.The baseline report shall contain the information specified in 40 CFR 403.12(b).The information required for application for a permit under Section 10.12.040(A)and/or for modification of a permit under Section 10.12.040(F)of this chapter may fulfill the requirements of the baseline report. If in submitting information to apply for or modify a permit,the user also intends to fulfill the requirements for the baseline report,the user shall so state. D. Compliance Report.Within ninety days following the date for final compliance with applicable pretreatment standards or requirements or, in the case of a new user,following commencement of the introduction of wastewater into District facilities,any user subject to pretreatment standards or requirements shall submit to the District a report indicating the nature and concentration of all pollutants in the discharge from the regulated process which are limited by pretreatment standards or requirements,the average and maximum daily flow for these process units,and the actual average production rate for these process units.The report shall state whether the applicable pretreatment standards or requirements are being met on a consistent basis and, if not,what additional operational and maintenance changes and/or pretreatment is necessary to bring the user into compliance with the applicable pretreatment standards or requirements.This statement shall be signed by an authorized representative of the industrial user and a certified qualified professional. Filing of this compliance report cannot relieve the user of any fines,civil penalties,or other liability which may be imposed by this title or other applicable law or failure to meet the applicable pretreatment standards or requirements subsequent to the date for final compliance with such applicable standard. Created: 2023-07-24 12:30:36 [EST] (Supp.No.25) Page 3 of 6 December 21, 2023 Regular Board Meeting Agenda Packet- Page 64 of 461 Page 7 of 12 Title 10 - SOURCE CONTROL (PRETREATMENT) E. Periodic Compliance Reports. 1. Class I and II Industrial Users shall submit a report covering a six-month reporting period to the District twice a year,or more frequently representing a shorter reporting period as specified in the permit or permit contract.Class III Industrial Users may be required to submit periodic compliance reports depending on the nature of their discharge. Periodic compliance reports shall be submitted within forty-five days of collection of the wastewater samples or by the due date specified in the permit.The compliance report shall contain such information as may be deemed by the District to be necessary to ensure compliance with the provisions of this title.Compliance reports shall,at a minimum,contain the following: a. The nature and concentration of pollutants which are limited by pretreatment standards or requirements or which are specified in the permit or permit contract for each regulated waste stream. b. A record of average daily flow for the reporting period for each regulated waste stream. C. Such other wastewater effluent data as the user has obtained since the last compliance report, whether or not that data is specifically required by the user's permit or permit contract. d. Methods utilized by the user in collecting the wastewater sample for analysis, including, but not limited to,the sampling device(s) used,the sampling period,the amount of each sample collected,sample handling and preservation techniques used,and date of sample delivery to the laboratory for analysis. e. In the event any sample from a discharge indicates that a constituent is in violation of the allowable concentration levels as set forth in the user's permit or permit contract,the user shall inform the District within twenty-four hours of becoming aware of the violation, repeat the sampling and pollutant analysis for the parameter in violation, and submit in writing the results of this second analysis within thirty days of the discovery of the first violation.The initial sampling and analysis report shall be submitted within forty-five days of the initial sampling date with a cover report setting forth the causes of the violation,the remedial actions taken to date in regard to the violation,and the scheduled additional actions which will be implemented to prevent a reoccurrence. 2. The District may also at any time require a signed statement by the user setting forth management practices and/or material usage practices which have an effect on the nature,volume,and quality of the wastewater discharge and/or which potentially will affect the ability to comply with pretreatment standards requirements. 3. The District may impose mass limitations on users where the imposition of mass limitations are appropriate. In such cases,the report required under subparagraph (a)above shall indicate the mass of pollutants regulated by pretreatment standards or requirements in the effluent of the user.These reports shall contain the results of all sampling and analysis of the discharge, including the flow, concentration,and mass of pollutants regulated by the applicable pretreatment standard or requirement.The user shall provide the actual average production rate of the regulated processes during the reporting period. 4. Categorical Industrial Users granted a waiver from monitoring for pollutants subject to national categorical standards authorized under 40 CFR 403.12(e)(2).This certification shall include the following statement: "Based on my inquiry of the person or persons directly responsible for managing compliance with the Pretreatment Standard for 40 CFR [specify applicable National Pretreatment Standard part(s)], I Created: 2023-07-24 12:30:36 [EST] (Supp.No.25) Page 4 of 6 December 21, 2023 Regular Board Meeting Agenda Packet- Page 65 of 461 Page 8 of 12 Title 10 - SOURCE CONTROL (PRETREATMENT) certify that,to the best of my knowledge and belief,there has been no increase in the level of [list pollutant(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)." F. Report Submittal. 1. The District accepts electronic documents using a system compliant with 40 CFR Part 3 (Cross-Media Electronic Reporting). Users that intend to send electronic(digital) documents to the District to satisfy the requirements of Title 10 must submit a signed Central San Subscriber Agreement to the District for approval and register online for the District's CROMERR compliant system. 2. The District accepts original hard-copy documents with a wet ink signature,delivered to the District. Chapter 10.32 GREASE, OIL, AND SAND INTERCEPTOR PROGRAM 10.32.035 Interceptor/trap maintenance standards. Maintenance standards shall be conducted by users in order to ensure the proper operation of interceptors and traps. If the operations of a specific user modify the need to follow the specified standards,the user can request a variance from the District in writing on the form provided by the District. Unless the District issues a written variance to a user,the user is responsible for meeting the specified minimum maintenance standards of this section: A. Access to interceptors and traps shall be maintained to allow inspection and maintenance to be performed. Inspections shall be performed at appropriate frequency to ensure adequate operation of the interceptor or trap and to evaluate effectiveness of best management practices to control sources of pollutants. B. Interceptors shall be operated so that the accumulated grease and solid waste does not meet or exceed twenty-five percent of the unit's capacity. Determinations shall normally be made by measuring the depth of the layers within a unit. C. Interceptors and traps shall be cleaned at least once every ninety days. Interceptor cleaning shall be conducted to pump all the liquid and solid contents of the unit,and the sides will be cleaned of any substantial build-up of grease and solid wastes. 1. Incidental use separators(e.g. sand/oil interceptors serving parking garages,grease traps serving only a trash enclosure without a wash station)shall be cleaned at least once every year). Less frequent cleaning shall be subject to District approval through the interceptor/trap maintenance variance. D. Traps shall be cleaned according to the manufacturer's recommended frequency(e.g.daily,weekly) when conducted by user's employees,and shall be pumped of all the liquid and solid contents using a licensed and permitted waste hauler at least once every ninety days. 1. The user may clean smaller traps in lieu of using a licensed and permitted waste hauler at least once every ninety days provided that all the standards for cleaning traps are met, including, but not limited to, removal of all liquids and solids and not decanting wastes.The user shall document the proper disposal of the wastes removed from the trap as required in Section 10.32.035.G. E. Decanting of wastes removed from an interceptor or trap is prohibited when a licensed and permitted waste hauler is used to clean a unit.Wastes removed from the interceptor or trap shall not be Created: 2023-07-24 12:30:36 [EST] (Supp.No.25) Page 5 of 6 December 21, 2023 Regular Board Meeting Agenda Packet- Page 66 of 461 Page 9 of 12 reintroduced into the unit cleaned or any other connection to the District's sewer collection system unless the location is specifically authorized in a current waste hauler permit. F. Introduction of enzymes, microbes,chemicals,or other materials to interceptors and traps for the treatment of grease,oils or accumulated materials in the interceptor or trap is prohibited. Use of such materials to treat drain lines served by an interceptor(not traps)are acceptable provided the dosage is appropriate for the drain line cleaning and not for the removal of grease from the interceptor. G. The user shall maintain records documenting proper maintenance of the interceptor or trap.The disposal location (name,address, phone number for off-site facilities)for wastes removed from an interceptor or trap shall be recorded and made available for inspection upon request. Created: 2023-07-24 12:30:37 [EST] (Supp.No.25) Page 6 of 6 December 21, 2023 Regular Board Meeting Agenda Packet- Page 67 of 461 Page 10 of 12 ATTACHMENT 2 ORDINANCE NO. 331 AN ORDINANCE OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AMENDING DISTRICT CODE TITLES 6, 7, AND 10 WHEREAS, the Central Contra Costa Sanitary District (Central San) has determined that there is a need to update certain provisions within Titles 6, 7, and 10 of the District Code to increase efficiency of certain Central San procedures and duties; and WHEREAS, a public hearing was noticed pursuant to Government Code Sections 50022.3 and 6066 for December 21, 2023 at 2:30 p.m. at the District Board of Directors Regular Meeting scheduled for that date; and WHEREAS, a properly noticed public hearing was held on December 21, 2023 where all interested parties were given an opportunity to be heard, and thereupon the public hearing was closed; and WHEREAS, the District Counsel reviewed these proposed Code revisions and concluded that adoption of these Code revisions does not constitute at California Environmental Quality Act (CEQA) Project as defined under Title 14 of California Code of Regulations; specifically it does not constitute a Project pursuant to §15378(b)(2), (4) and (5) because: i. This action is continuing administrative in nature, and deals with general policy and procedure making; and ii. It does not create any governmental funding mechanism or fiscal activity involving a commitment to any specific project; and iii. It is an organizational and administrative activity that will not result in any direct or indirect changes to the environment; and WHEREAS, the Board of Directors duly considered all oral and documented evidence. NOW, THEREFORE, the Board of Directors of the Central Contra Cota Sanitary District does ordain as follows: 1. Amendment of Section 6.12.070 District Code Section 6.12.070.D shall be amended to read as follows: D. Allocation of Capacity Fee Credits. Previously paid capacity fees run with the parcel. Past fee payments which are in excess of current fees due (credits) belong to the parcel owner. Credits may be transferred from one tenant space to another on the same parcel in accordance with written directions from the parcel owner or a property manager authorized by the parcel owner. Where credits are available, they will be calculated on the same basis as the current fees due. December 21, 2023 Regular Board Meeting Agenda Packet- Page 68 of 461 Page 11 of 12 Ordinance No. 331 Page 2of3 Central Contra Costa Sanitary District 2. Amendment of Section 7.03.020 District Code Section 7.03.020 shall be amended to read as follows: If staff determines that certain property rights held by the District, such as easements, rights-of-way or licenses for sewer, recycled water, or related purposes are unnecessary for present or prospective District use, or that conveyance or exchange of such property rights would be of public benefit, he or she shall prepare a position paper, determination report to that effect, which shall be presented for consideration. The Board may in its sole discretion convey such real property rights by authorizing execution of grant deeds, quitclaims or contracts by resolution, or delegate such authority to the General Manager. Vacation of public service easements may also be made by the General Manager, upon delegation of such authority by the Board, pursuant to Streets and Highways Code Section 8333. Quitclaim deeds shall be authorized by the District only be either: 1 . Adoption and recording of a resolution of the Board; or 2. By execution and recording of a "certification of acceptance" by the General Manager pursuant to a resolution of Board delegating general or specific case authority to authorize a quitclaim or to vacate real property interests. 3. Amendment of Section 10.12.050 District Code Section 10.12.050 shall be amended to add Section F to read as follows: F. Report Submittal. 1. The District accepts electronic documents using a system compliant with 40 CFR Part 3 (Cross-Media Electronic Reporting). Users that intend to send electronic (digital) documents to the District to satisfy the requirements of Title 10 must submit a signed Central San Subscriber Agreement to the District for approval and register online for the District's CROMERR compliant system. 2. The District accepts original hard-copy documents with a wet ink signature, delivered to the District. 4. Amendment of Section 10.32.035 District Code Section 10.32.035.C, first sentence, shall be amended to read as follows: C. Interceptors and traps shall be cleaned at least once every ninety days. Interceptor cleaning shall be conducted to pump all the liquid and solid contents of the unit, and the sides will be cleaned of any substantial build-up of grease and solid wastes. December 21, 2023 Regular Board Meeting Agenda Packet- Page 69 of 461 Page 12 of 12 Ordinance No. 331 Page 3 of 3 Central Contra Costa Sanitary District 5. Finding of No "Project" The Board of Director's action in adopting the proposed Code revisions does not constitute a Project as envisioned by CEQA, as this action is consistent with defined circumstances which do not constitute a Project pursuant to the provisions of Title 14 §§ 15378(b)(2), (4) and (5). 6. Effective Date This Ordinance shall be a general regulation of Central San and shall be published once in the Contra Costa Times and San Ramon Valley Times, newspapers of general circulation within the District Boundary, and shall be effective on , 2023. This Ordinance shall be kept on file with the Secretary of the District. PASSED AND ADOPTED this 21st day of December 2023, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young, CPMC, CMC Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: J. Leah Castella, Esq. Counsel for the District December 21, 2023 Regular Board Meeting Agenda Packet- Page 70 of 461