HomeMy WebLinkAbout1043ORDINANCE NO. 1043
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH PLACING A
LIMITATION ON NEW CONNECTIONS TO THE CITY SEWER
The City Council of the City of Ukiah does hereby ordain as follows:
SECTION ONE
The City Council of the City of Ukiah finds and declares that the City of
Ukiah Wastewater Treatment Plant has exceeded various operating limits
defined in its Pollution Discharge (NPDES) permit, resulting in the State Water
Quality Control Board directing the City of Ukiah to implement measures to
ensure that the plant remain in compliance with its NPDES permit.
The City Council further finds that the available treatment capacity is
currently uncertain. Any significant increase in new connections could place the
plant's operations in violation of the NPDES permit and create a situation
jeopardizing the health and safety of the public. Such new connections also
increase the risk that the City may be subject to a cease-and-desist order from
the State, and the imposition of fines for permit non-compliance.
Because the plant is currently near or at capacity, it is necessary for City
staff to study what the current level of capacity is available at the plant, and to
increase its operating capacity. To that end, City Staff is currently negotiating a
contract with Brown and Caldwell Engineers to perform such a study and to
provide staff with data on these two subjects. Brown and Caldwell will also
provide a recommendation of the number of new connections that can safely be
made available at the plant.
On average, the City provides approximately 10 new connections annually
for projects of 5 or fewer units. Allowing connections to small projects of 5 or
fewer units will therefore not increase the risk of a cease-and-desist order or
additional violations during the time of the study, and will allow for small projects
that are already under development to be completed during the time that the
study is undertaken.
Based on the above findings, and in order to allow sufficient time for the
negotiation of this contract, for the performance of the study, and for review of
the study by the City Council, and in order to protect the public health and safety,
the City Council of the City of Ukiah finds that it is necessary to adopt an
ordinance as follows:
(A)
No new connection to the City of Ukiah sewer system shall be
permitted for any project greater than 5 units in size and that requires
the extension of a sewer main, whether that main is constructed by the
city or otherwise.
Ordinance No. 1043
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(B)
This ordinance shall not affect any connection for which the city has,
prior to the date of the adoption of this ordinance, accepted fees for
prepaid sewer service connections, even if such connection requires
an extension of a sewer main. This ordinance shall not affect any
project, which requires a sewer main extension if service is needed to
remedy a failed septic system.
(c)
As used in this ordinance, "unit" shall mean a connection to the City of
Ukiah sewer system by one single-family dwelling or the equivalent
average capacity use (equivalent sewer service unit).
SECTION TWO
This ordinance shall be published as required by law in a newspaper of
general circulation published in the City of Ukiah.
SECTION THREE
This Ordinance shall become effective thirty (30) days after adoption.
Introduction by title only on December 18, 2002, by the following vote:
AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Passed and adopted on January 15, 2003, by the following vote:
AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST::
~'L_arson, Mayor
Marie Ulvila, City Clerk
Ordinance No. 1043
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