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Title:
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Phoenix City Code Amendments Related to Chapters 28 - Sewer and 37 - Water
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Title
Phoenix City Code Amendments Related to Chapters 28 - Sewer and 37 - Water
Description
This report requests that the Transportation, Infrastructure and Innovation Subcommittee recommend City Council approval of the proposed updates to Phoenix City Code Chapters 28 - Sewer, and 37 - Water.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
Chapters 28 and 37 of Phoenix City Code were 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 are included as follows:
Attachment A - Chapter 28
Attachment B - Chapter 37
Highlights of the Proposed Amendments
General Clean-up:
Revisions to clarify definitions, policies and procedures, and to ensure consistency between City Code chapters.
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.
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.
Chapter Specific Substantive Changes
Chapter 28 (Sewer):
Adding language on the 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 the 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 (POTW) (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).
Chapter 37 (Water):
Clarifying that Chapter 37 applies to all Phoenix water customers, whether inside or outside City boundaries (37-29);
Clarifying that public emergencies are grounds for Director implementing alternate payment methods for customers (37-95.1);
Amending provisions for the Appraisal Review Board so that members are appointed and serve as needed instead of as a standing committee (37-96);
Streamlining and simplifying water conservation requirements; making conservation requirements more consistent with state requirements; eliminating permit requirements for turf facilities and bodies of water (Art. IX);
Removing erroneous provisions charging excise tax to customers outside of the City (37-63.1; 37-64.1);
Clarifying process for designating a stage of water emergency (37-130);
Repealing limited exemption for use of reclaimed water during Water Use Reduction Stage (37-130.2);
Adding a provision for civil penalties for violations of Chapter 37 ranging from $100-$2,500 for violations (37-99.1);
Clarifying the process for customer’s seeking review of the accuracy of the water bill (37-95); and
Adding an option for landlords to maintain the water account in the landlord’s name (37-90).
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.
Department
Responsible Department
This item is submitted by Deputy City Manager Karen Peters and the Water Services Department.