Bonnie Teaford, Public Works Director

Purpose:

To introduce an ordinance that amends Chapter 25 (Sewers) of the Burbank Municipal Code to comply with the United States Environmental Protection Agency (USEPA) regulations.

Background:

In 1972, the Federal Water Pollution Control Act, also referred to as the Clean Water Act (CWA), was amended to prohibit the discharge of pollutants to the receiving waters of the United States unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit.  In California, these permits are issued and enforced by the State Water Resources Control Board (SWRCB) and its nine Regional Water Quality Control Boards (RWQCBs).

To address �indirect discharges� from industries to Publicly Owned Treatment Works (POTWs), the USEPA, through CWA authorities, established the National Pretreatment Program as a component of the NPDES Permitting Program. The National Pretreatment Program requires industrial and commercial dischargers to treat or control pollutants in their wastewater prior to discharge to POTWs.  Control of pollutants prior to discharge of wastewater to the sewer minimizes the possibility of pollutants interfering with the operation of the POTW and reduces the levels of toxic pollutants in wastewater discharges from the POTW and in the sludge resulting from municipal wastewater treatment.

Unlike other environmental programs that rely on Federal or State governments to implement and enforce specific requirements, the Pretreatment Program places the majority of the responsibility on local municipalities.  The General Pretreatment Regulations require POTWs that meet certain criteria to develop Pretreatment programs to control industrial discharges into their sewage collection systems.  These POTWs act as the Pretreatment �Control Authority� with respect to the Industrial Users that discharge to their systems.  In order to establish the regulatory authority provided by State law, each municipality must establish local regulations to legally implement and enforce pretreatment requirements. In the City of Burbank, this legal authority is found in the Burbank Municipal Code (BMC), Chapter 25.  This article of the BMC was last updated two years ago, but now requires modifications to conform to more recent USEPA regulatory language.  

A recent inspection by the USEPA of the City�s Industrial Pretreatment Program revealed a few changes that must be made to the Burbank Municipal Code to comply with federal regulations.  These changes are based on the Pretreatment Streamlining Rule adopted by the USEPA on October 14, 2005.  This rule revises several provisions of the General Pretreatment Regulations that address requirements for, and oversight of, Industrial Users who introduce pollutants into POTWs.  The proposed modifications to the BMC will allow the City to modify the individual Industrial User�s discharge permit with conditional requirements as set forth in the Federal Regulations � 40 CFR 403.

In addition to making the required changes to Article 5, this is also an opportunity to make other minor modifications to the Article.  Highlights of the proposed changes are described in the analysis below.

ANALYSIS:

The proposed ordinance incorporates into the Burbank Municipal Code, Chapter 25, Article 5, new language that complies with USEPA regulations.  This article provides the City authority to regulate industrial discharges within the City.  The Pretreatment Streamlining Rule includes changes to certain program requirements to be consistent with NPDES requirements for direct dischargers to surface waters.  The proposed Article 5 of Chapter 25 of the BMC is in full compliance with the Code of Federal Regulations.

Changes in the BMC related to the Pretreatment Streamlining Rule are contained in section 25-504.2 � Control Mechanism Contents.  The changes made in this section allow the Control Authority to modify the individual Industrial User�s discharge permit with conditional requirements as set forth in the Federal Regulations.

A few wording changes are also proposed to Chapter 25 of the BMC which clarify and update the BMC language. Among the changes are:

• In various locations �a POTW� to �the POTW�

• Section 25-102. Definitions and Abbreviations � Changes to the definition of �Significant Noncompliance�

• Section 25-502.3. Accidental Discharge/Slug Control Plans � �At least once, (delete �every two (2) years�) the Director shall��

• In various locations �this ordinance� to � this chapter�

• In various locations �search� to �inspection�

• In two locations, allowing fifteen (15) additional days to submit reports �Failure to provide within thirty (30) days after the due date, any required reports, including baseline monitoring reports, �� to �Failure to provide within forty-five (45) days after the due date, any required reports, including baseline monitoring reports, ��

• In various locations �chapter� to �article�

Environmental review has determined that this project is exempt according to CEQA Guidelines Section 15061 (b) (3).

RECOMMENDATION:

Staff recommends that Council adopt the proposed ordinance amending Chapter 25 of the Burbank Municipal Code.

attachment:  Exhibit A:  Proposed Burbank Municipal Code Chapter 25

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