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Title:
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Phoenix City Code Amendment Related to Chapter 28 - Sewer (Ordinance G-6740)
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Title
Phoenix City Code Amendment Related to Chapter 28 - Sewer (Ordinance G-6740)
Description
Request Council to amend Phoenix City Code Chapter 28 - Sewer, as was recommended by the City of Phoenix Citizens’ Water / Wastewater Rate Advisory Committee and the Transportation, Infrastructure and Innovation Council Subcommittee.
Report
Summary
Chapter 28 of Phoenix City Code was reviewed for the purposes of:
Conforming code to new requirements under the federal Clean Water Act;
Streamlining and, where possible, simplifying language for enhanced transparency; and
Revising code to reflect the recommendations of the Citizens’ Water / Wastewater Rate Advisory Committee’s Water Equity Initiative.
The proposed changes to Chapter 28 are summarized below:
General Clean-up: Revisions to clarify definitions, policies and procedures, and to ensure consistency between City Code Chapters 28 - Sewer and 37 - Water.
Conformance with the Clean Water Act: The new federal rule, Streamlining the General Pretreatment Regulations for Existing and New Sources of Pollution, revises several provisions of the General Pretreatment Regulations (40 CFR Part 403). The Pretreatment Program requires industrial wastewater dischargers to use treatment techniques and management practices to reduce or eliminate the discharge of harmful pollutants to sanitary sewers. Substantial revision to and reorganization of portions of Chapter 28 were made to incorporate the provisions and requirements of the federal regulations (28-6 through -20 and 28-27 through -33).
Water Equity Recommendations: Revisions to allow the Water Services Director to limit water flows to single-family residential customers, rather than disconnect them entirely as is currently required, for purposes of enforcing City Services Bill revenue; and revisions to cease the accrual of late fees for single-family residential customers once their water service has been either disconnected or restricted for purposes of enforcing City Services Bill revenue. Both revisions favor the customer and are meant to enhance access to water and wastewater services. (28-41).
Other Notable Changes:
Adding language on development and implementation of Best Management Practices (28-9.1);
Clarifying the maintenance and capacity obligations of facilities using interceptors (28-15);
Revising, clarifying, and removing redundant language on sewer main extensions and repayment agreements (28-21 through -24);
Allowing for issuance of a temporary discharge authorization (28-27.1);
Clarifying the process for customers to request a sewage discharge volume adjustment to their bill (28-35(d));
Removing language for charging and billing other cities for use of the Publicly Owned Treatment Works (28-39);
Clarifying the billing and collection process for sewer accounts and allowing for the filing of liens (28-41);
Clarify the role of the Citizens’ Wastewater Rate Advisory Committee (28-58); and
Adding language clarifying the range of civil penalties for violations of Chapter 28 and the enforcement notices the Director may issue (28-83).
Concurrence/Previous Council Action
The City of Phoenix Water / Wastewater Rate Advisory Committee recommended approval of Water Equity updates to Phoenix City Code on June 23, 2020 by a 7-1 vote.
The Transportation, Infrastructure and Innovation Subcommittee recommended approval of this item on Sept. 2, 2020 by a 4-0 vote.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.