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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 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 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