Consideration and Adoption of Resolution No. 2015-18 and Ordinance No. 2015-09:  A resolution and ordinance of the Flagstaff City Council adopting by reference revised sewer discharge limitations.   (Updates and revisions to local limits for industrial sewer discharge)

The City of Flagstaff code (7-02-001-0010) contains local industrial sewer discharge limitations (also known as Local Limits). The Federal EPA directs Publicly Owned Treatment Works (POTW) with a pretreatment program to re-evaluate and propose new local industrial sewer discharge limitations once every 5 years or when there is a change to the treatment process, as delineated by EPA 40 CFR 403. The Arizona Department of Environmental Quality (ADEQ) also recommended the City conduct a new local limits study. Flagstaff’s last local limits study was completed and adopted into code in 2007. Additionally, the Wildcat Hill Wastewater Treatment Plant was upgraded and the treatment process was upgraded from a Class B to a Class A+ in 2009.

The City of Flagstaff Utilities Division, with consultation from GHD engineers, has conducted an update to our local limits to provide guidance in the development of new sewer discharge limitations on the wastewater pollutant loadings from our Significant Industrial Users (SIU). In addition to assessing pollutant loadings from SIUs, the local limits study also assessed the pollutant removal capabilities of the Rio De Flag Water Reclamation Plant and the Wildcat Hill Wastewater Treatment Plant.

The modifications to the City Code to change the sewer discharge limits local limits will serve to protect our wastewater collections and treatment systems from both physical harm, due to potentially damaging industrial wastewater, and from financial harm by keeping us in compliance with local, State, and Federal environmental regulations. Local discharge limitations provide the City of Flagstaff Utilities Division with the necessary enforcement mechanisms to adequately regulate our industrial businesses within Flagstaff.

City staff met with the significant industrial users that would be affected by the proposed sewer discharge limits in December, 2014.  Each of the significant users was presented with a copy of the limit study and staff has been available to answer any questions.  A public notice was posted on the City of Flagstaff web page on March 31, 2015, to solicit comments on the proposed new sewer limits.  Additionally, a public notice was posted in Arizona Daily Sun on April 5, 2015, to solicit public comments.

The update to the local industrial sewer discharge limitations in the City Code should not have a direct or indirect impact to the City or to the Industrial Waste Program.

2) Ensure Flagstaff has a long-term water supply for current and future needs; 3) Provide sustainable and equitable public facilities, services, and infrastructure systems in an efficient and effective manner to serve all population areas and demographics; 7) Address key issues and processes related to the implementation of the Regional Plan; 8) Improve effectiveness of notification, communication, and engagement with residents, neighborhoods and businesses and about City services, programs, policies, projects and developments; 9) Foster relationships and maintain economic development commitment to partners

Additionally, the Modification of Local Industrial Sewer Discharge Limitations will meet the following regional plan goals:

Chapter VI, WR.2.1, Develop and adopt an integrated water master plan that addresses water resources, water production and its distribution, wastewater collection and its treatment, and reclaimed water treatment and its distribution.
Chapter VI, Policy WR.2.2, maintain and develop facilities to provide reliable, safe, and cost-effective water, wastewater and reclaimed water services

The last modification to the City Code to change the local industrial sewer discharge limitations was on March 20, 2007.

These options are also available for Council consideration. ADEQ has reviewed and approved the new proposed pretreatment limits.
1. The "do nothing" alternative: The City would be in violation of the EPA directive to re-evaluate and propose new local industrial sewer discharge limitations once every 5 years. This option would not require any change to the City Code.
2. Propose different pretreatment limits than those in the GHD study: This option would require a new study to be conducted by a consultant and to be reviewed by ADEQ and be vetted by the industrial pretreatment users. All would incur costs to the City.
3. Adopt the City Code as approved by ADEQ, proposed and vetted by the industrial pretreatment users, to reflect the new local industrial sewer discharge limitations

The EPA recommends that a Publicly Owned Treatment Works (POTW) reevaluate its sewer discharge limits at least once every 5 years or when a significant change is made to the treatment or process components to ensure a firm technical basis and address changing conditions. The last change made to City Code to the local sewer discharge limitations for industrial users was on March 20, 2007. The City contracted GHD, Inc. to review the current limits and propose new limits. GHD proposed new limits that are reflected in the proposed City Code changes that are attached to this staff summary report.

Inform, Involve and Collaborate