Entity Staff Report - 9/21/2021CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
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COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Sam Owen, Policy Analyst
DATE: November 16, 2021
RE:Wastewater Control Revisions, Ordinance 17.36.60,
Affirmative Defense Provision
ISSUE AT-A-GLANCE
The Department of Public Utilities working with industrial and commercial users of the sewer system on types of
discharge permits for businesses whose operations may dispose of waste through the City’s sewer system. In a
review of the Pretreatment Program, changes to City Code were identified to bring the language into compliance.
The State of Utah’s Division of Water Quality “is requiring that City Code… be updated to properly match
[United States Environmental Protection Agency] requirements regarding affirmative defense and prohibited
discharges.”
The updates will move the City into compliance with state and federal requirements in terms of how the
ordinance is written, but require no changes to the City’s Sewer Utility current regulatory practice.
The City Council is scheduled to take action on this item on December 7, and approval of the
ordinance is understood as conditional, per State law. If the Council conditionally approves the
ordinance, the State’s Division of Water Quality will initiate a public engagement period. The ordinance would
then return to the Council for formal adoption if the pertinent requirements are met.
ISSUE SUMMARY
Basically, the City Code regarding users of the Sewer Utility is being proposed for update. The update adds new
prohibitions from the Environmental Protection Agency, through the State’s Division of Water Quality. The City
Code already meets the standards that would be created through the code update, however the code does not
expressly show that in the way the update requires.
In other words, no changes to the City’s Sewer Utility and its current regulatory practice are expected to occur.
The changes are technical or formal in nature. The updates will move the City into compliance with state and
federal requirements in terms of how the ordinance is written. Conversely, the City practice was already in
compliance.
Item Schedule:
Briefing: November 16, 2021
Public Hearing: n/a (State
process)
Potential Action: December 7,
2021
Page | 2
“Affirmative defenses” are available to Sewer Utility customers who are in the position of violating the
ordinance, when certain events occur that are contemplated and described in the ordinance. An affirmative
defense is available when a customer discharges into the system in a way the code contemplates, but does not
allow. Affirmative defenses expressly provided in the code can attenuate the severity of penalties for a prohibited
release into the City’s sewer system.
The update would expressly eliminate from the affirmative defense list discharge events having to do with fire or
explosion hazards, low pH (highly acidic) discharges, and discharges involving trucked or hauled wastes.
Attachments
1.Administrative transmittal