SR-505-003 (2)
.
.
5PS--P03
\ \-~
JUlI 2 1968
GS:CP:mitigate
council Meeting: JUly 12, 1988
Santa Monica, California
To: Mayor and city Council
From: City Staff
Subject: Recommendation to Approve Emergency Wastewater Control
Requirements for New Development
INTRODUCTION
This report describes the City's current status in relation to
wastewater treatment capacity and recommends the drafting of an
emergency wastewater control ordinance directed at all new
development in Santa Monica.
BACKGROUND
Wastewater generated within the City of Santa Monica's flows to
the Hyperion Treatment Plant near El Segundo, which is operated
by the City of Los Angeles. The overall Hyperion Treatment System
includes the Hyperion Plant along with the Tillman Water
Reclamation Plant in the San Fernando Valley and the Los Angeles-
Glendale Water Reclamation Plant. These three plants have a
combined wastewater treatment capacity of 480 million gallons per
day (MGD). The actual flow demands on the System are presently
about 440 MGD. The Hyperion Treatment System serves most of the
city of Los Angeles as well as seven other cities (including
Santa Monica) and various other contract agencies. The Hyperion
Plant has a total capacity of 420 MGD and a current average flow
\ \-~
jUl : l 19:)t)
.
.
of 380 MGD. This 40 MGD of uexcess" capacity at the Hyperion
Plant therefore represents almost all of the remaining capacity
in the system.
Over the past five years, the amount of wastewater being
discharged into the Hyperion Treatment System has increased at
the rate of approximately ten million gallons per day per year.
At this rate of growth, the Hyperion System will reach its
present capacity of 480 MGD by the beginning of 1992. If
overloading of the Hyperion system were allowed to occur the
result could be sewage spills endangering santa Monica Bay as
well as possible damage to the individual treatment plants. By
1992, it is anticipated that the expansion of the Tillman Water
Reclamation Plant will be complete thereby increasing the overall
capacity of the Hyperion System by 40 million gallons per day and
alleviating for several years the potential for overloading of
the System.
Actions by the City of Los Angeles
To ensure that Hyperion System capacity will not be exceeded in
the next three to four years, the city of Los Angeles has enacted
two emergency ordinances: one is intended to control the growth
in wastewater flows from the city of Los Angeles and the other
attempts to control the growth in wastewater flows from the
cities and agencies which contract with Los Angeles for use of
the System. This Los Angeles ordinances attempt to reduce the
overall projected wastewater growth in the System down to 7 MGD
-2-
.
.
per year, or a 30 percent decrease over the current trend. Los
Angeles assumes that 5 to 6 MGD of this allowable growth will
come from new construction and population increases in Los
Angeles and 1 MGD from new construction and population increases
in contract cities and agencies.
The emergency Los Angeles ordinances will be effective for 270
days or until about the middle of February, 1989. The Los Angeles
city Council may extend the effective periods for up to another
180 days which would extend them to August, 1989. It is likely
that the Los Angeles City Council will in fact invoke these
extensions. Since the expansion of the Hyperion Treatment System
by means of the completion of improvements to the Tillman Plant
is not expected to be achieved until 1992, it is reasonable to
expect that a set of Itpermanent" ordinances will be enacted by
Los Angeles sometime before the expiration of the emergency
ordinances.
~ffect on Contract Cities
The heart of the Los Angeles wastewater control ordinance for
contract cities is its requirement for a limitation on the
issuance of building permits, which became effective on July I,
1988. According to the ordinance, all building permits which are
issued for any project on or after July 1, 1988 must be evaluated
to determine the total wastewater flow which will emanate from
the new development. The total estimated wastewater flow from all
proj acts issued building penni ts by a contract city during a
-3-
e
.
fiscal year quarter must not exceed a 0.34 percent increase over
the average daily wastewater flow for the prior fiscal year for
that contract city. This equates to an allowable annual
wastewater growth rate of no more than 1.36 percent. This growth
limit for contract cities is equivalent to the self-imposed city
of Los Angeles limit. The ordinance allows a contract city/agency
to exceed the quarterly allocation if it takes appropriate steps
to mitigate the excess flow during the next quarter. In other
words, the projected flow increases can be averaged over a six
month period for reporting purposes.
Based on Santa Monica's estimated 1987-88 average wastewater flow
of 12.74 MGD, the limits contained in the Los Angeles ordinance
would amount to no more than a 43,316 gallon per day increase for
each quarter during 1988-89, or a 173,264 gallon per day increase
for the entire 1988-89 fiscal year.
The Los Angeles ordinance essentially leaves it up to each
contract city to establish its own administrative procedures to
implement the wastewater limitations. Although certain categories
of exemptions have been allowed for both the city of Los Angeles
and contract cities, these exemption categories would not
significantly increase Santa Monica's allowable wastewater flows.
The city of Los Angeles, however, did include an additional tier
of exemptions for itself which were not granted to contract
cities (selected public projects in its downtown area, projects
which are a part of the Hollywood redevelopment effort and
-4-
.
.
certain County of Los Angeles projects within the city of Los
Angeles) .
The ordinance also requires that each contract city submit
quarterly reports to the City of Los Angeles which must show the
total estimated wastewater flow from new building permit
issuances and explain what mitigating steps, if necessary, will
be taken in the succeeding quarter to bring the wastewater flows
into compliance with the ordinance limits. Monetary penalties for
failure to submit reports to the city of Los Angeles as well as
the projection of a wastewater flow in excess of the stated
limits are set forth in the ordinance.
Response of Contract Cities
Some contract cities have indicated they may initiate legal
proceedings to seek an injunction against the enforcement of the
contract c1 ties ordinance as an invalid restriction of their
sovereign powers as stipulated in the State Constitution. staff
is not aware of any suits which have actually been filed against
the ordinance to date. While it is possible that the Los Angeles
ordinance regulating the conduct of contract cities would be
found invalid if subjected to legal challenge, such a finding
would not resolve the acute series of difficulties which the
region currently faces with respect to the Hyperion Treatment
System.
Since Santa Monica is, in fact, a partner with Los Angeles in
-5-
.
.
terms of the sharing of wastewater treatment facilities, staff
recommends taking reasonable steps to assist in the goal of
reducing growth in wastewater flows. This report therefore
requests that the City council approve a set of wastewater
control guidelines which mirror the pertinent provisions of the
City of Los Angeles ordinance. Such cooperative action would
represent a voluntary effort on the part of Santa Monica to
demonstrate its commitment to the short-term as well as the long-
term alleviation of regional wastewater treatment problems. This
action would also be consistent with other recent decisions of
the Santa Monica City Council to adopt policies aimed at the
mitigation of wastewater flows from new development, e.g. new
Building Code requirements for ultra low-flow toilets and
requirements for on-site wastewater treatment systems in new
large developments. Within the past five years, the city has also
sponsored a Residential conservation Services program wherein
12,000 Santa Monica residences were retrofitted with various
water conservation devices. Approval of an emergency ordinance
for Santa Monica would not acknowledge that the City of Los
Angeles has the legal authority to impose their ordinance
requirements on contract cities, but would acknowledge that the
city of Santa Monica VOluntarily desires to do its fair share to
head off a future wastewater crisis.
Santa Monica's Present Wastewater situation
The City of Santa Monica generates approximately 12.7 million
gallons per day of wastewater which is treated at the Hyperion
-6-
.
.
Treatment Plant. This 12.7 MGD represents about 2.9 percent of
the total daily Hyperion Treatment System flows. The contract
which governs Santa Monica's participation in the Hyperion
Treatment System was entered into in 1964 and stipulates a base
"1imit" of 11.0 MGD. The contract, however, also provides for a
method of amending and increasing the quantity of the flow and
establishes a mechanism for the payment for any increases in the
flow originating in Santa Monica. For the past several years,
Santa Monica has exceeded the 1l.0 MGD level and has therefore
been paying additional compensation to the City of Los Angeles as
outlined under the provisions of the 1964 contract.
According to official city of Los Angeles data, over the past
five years the city of santa Monica's wastewater flows have
increased a total of 2.8 percent. This translates into an average
annual increase of 0.56 percent per year. Since the average
annual increase which has been experienced by Santa Monica over
the last five years amounts to less than the wastewater growth
limits for contract cities contained in both the Los Angeles
ordinance and the proposed Santa Monica ordinance, it might be
perceived that Santa Monica does not need to undertake
ameliorative actions at this time. This is not the case, however,
for two important reasons. First, the pattern of Santa Monica's
wastewater flows over the past five years has been very
irregular, with one year (l984-85) witnessing a 5.5 percent
increase while another year (1985-86) experienced a 4.2 percent
decrease. For the latest year, 1987-88, it is currently projected
-7-
.
.
that the final flow data will be essentially unchanged from the
previous year. These fluctuations are related to weather
conditions, development activity and other factors. This
variability in flows demonstrates that the five year average is
not a good predictor of what will actually be experienced in the
upcoming year.
The second and most important factor which supports the specific
actions recommended in this report is tied to the measurement of
projected wastewater flows from proposed developments which have
not yet been issued building permi ts. since the City of Los
Angeles and proposed santa Monica limits are linked to the
projected flows from new developments once building permits are
issued, the most accurate assessment of how significant the
limits would be for Santa Monica should be based on a calculation
of potential wastewater generation from all the development
projects which have been submitted for approval but which to date
have not yet received building permits.
Predicting theoretical wastewater increases from proj ected new
developments in the next fiscal year is complex. Assumptions must
be made regarding how many of the projects will actually be
approved in their present form, the likelihood that some of the
larger proj ects will be phased in over more than a one year
period, the magnitude of wastewater flows from existing uses on
the development sites (which can be deducted from the total), and
the probability that some projects which have not yet been filed
-8-
.
.
will in fact be approved and have building permits issued during
the next fiscal year.
After allowing for these variables, an analysis of the building
permits which could be issued in the upcoming fiscal year reveals
that the potential increase in wastewater generation from this
new development activity may amount to as much as 250,000 gallons
per day, or about 77,000 gallons per day (45 percent) more than
the limits called for by the Los Angeles and proposed Santa
Monica ordinances. The wastewater control measures recommended in
this report are therefore a prudent response to the possibility
that Santa Monica1s calculated wastewater flows will exceed the
targeted growth rate amounts.
It should be noted that various other efforts which are occurring
simultaneously with the proposed wastewater controls for new
development may have a significant impact on Santa Monica1s
wastewater situation. For instance, the city's newly adopted
water conservation program, which includes the distribution of
over 25,000 retrofit kits (toilet dams, low-flow showerheads,
etc.) could reduce the City's overall wastewater flows. A toilet
retrofit program which will be proposed within the next few
months should also result in a reduction of wastewater
generation. Another very important influence could be the
reductions in allowable development densities which have been
proposed as a part of the new Zoning Ordinance. Although the
aggregate impact of these measures may be substantial, there are
-9-
.
.
still too many uncertainties involved to conclude that Santa
Monica's wastewater control obj ectives can be achieved solely
through these new programs and policies. Also, they would not
satisfy the very critical goal of limiting wastewater increases
from new development. Ultimately, jurisdictions served by the
Hyperion Treatment System may need to consider a zero-net flow
requirement for new development which could be achieved through
retrofit of existing occupancies.
DISCUSSION
The proposed emergency Wastewater Control Ordinance for Santa
Monica would limit projected increases in wastewater flows
resulting from projects which are issued building permits
beginning on July 1, 1988 to no more than a 0.34 percent per
quarter increase over the total wastewater flow for the previous
fiscal year (1987-88). This would amount to a total annual
increase of no more than 1.36 percent. In specific terms, this
limit would amount to no more than a 43,316 gallon per day
increase for each fiscal year quarter or no more than a 173,264
gallon per day increase for the entire fiscal year.
The proposed wastewater control ordinance would also require all
new developments which total more than 150,000 square feet to
install an on-site wastewater treatment system if such a system
is determined by city staff to be feasible for the project. The
on-site treatment system may be required to recirculate the
-10-
.
.
treated effluent for re-use in the toilets and urinals of the
project's buildings. The specific design of any such system must
be approved by the Director of General Services.
Exemptions
The provisions of the Ordinance would not apply to any of the
following projects. These exemption categories replicate the
applicable exemptions which are delineated in the city of Los
Angeles Ordinance for contract cities.
(a) Any project that has a complete set of building plans on
file on or before April 19, 1988, to which no changes are
made constituting more than a 5 percent increase of the
original scope;
(b) A proposed proj ect which will have a net zero flow
addition of wastewater through offsets , either onsi te or
offsite, within Santa Monica, by retrofit;
(c) Residential housing projects within Santa Monica for
which a tentative tract map has been approved after April
19, 1980, but prior to April 19, 1988, provided that the
tentative map has not expired and that construction
commences prior to October 19, 1989, and provided that the
total average daily wastewater flow allocated pursuant to
this exception shall not exceed 0.07 percent of the average
-11-
.
.
daily flow for Santa Monica for the 1987-88 fiscal year.
It should be noted that the proposed wastewater control
restrictions would only apply to those projects which require the
issuance of a building permit and which generate a net increase
to the City's wastewater load.
Ordinance Im?lementation
For compliance purposes, the first year's wastewater allocation
would be broken into two six-month measurement periods. The first
0.68 percent allocation (an estimated 86,632 gallons per day)
would be available between July 1, 1988 and December 31, 1988.
The second 0.68 percent allocation would be available between
January 1, 1989 and June 30, 1989. Any unused amount of the
wastewater allocation at the end of the six month period would be
carried forward and be available for issuance in the next six
month period.
The issuance of wastewater permits by the City would be granted
on a first-come, first-serve basis except for designated
"priority" projects. The proposed allocation system for priority
projects is described below.
Once all of the available capacity for non-priority projects has
been allocated for the six-month period, remaining applicants
would be placed on a waiting list in order of the date of their
-12-
.
.
wastewater permit application and would be in line for the
unrestricted wastewater allocation of the next six-month period.
Wastewater permit applications would only be accepted by the
General Services Department once a project is certified to be
eligible for the issuance of a building permit by the community
and Economic Development Department. At this time, it is not
possible to predict exactly how many projects, if any, would be
subject to delays as a result of these wastewater restrictions.
Zero Net Flow option
within the parameters of this proposed ordinance, any prospective
development would be able at any time to guarantee the issuance
of a wastewater permit by demonstrating that the proposed project
would not contribute any additional flow to the City's wastewater
stream. One of the ways in which this zero net flow could be
achieved would be through the retrofit of existing buildings on
the project site or the retrofit of existing buildings elsewhere
in the city with ultra low-flow toilet fixtures.
city staff is currently developing a set of retrofit guidelines
as a part of the administrative procedures which will be
necessary to implement the proposed ordinance. city staff will
also assist wastewater permit applicants in identifying public
and private non-profit occupancies in the City which would derive
the greatest benefit from toilet rixture retrofit. Some of these
occupancies have already been contacted by city staff, and have
-13-
.
.
indicated their willingness to participate in a retrofit program.
All permit applicants wishing to exercise this zero net flow
option would be required to verify their retrofit or other
wastewater offset efforts prior to the approval of the wastewater
permit.
Designation of Priority Proiects
Given the fact that the current list of projects which may be
applying for building permits in the upcoming fiscal year is so
extensive, and given the importance of certain categories of
projects for the overall future well-being of the community, the
proposed ordinance reserves ten percent (17,326 gallons per day)
of the allocation for each six month period for the following
priority projects:
(a) Low and moderate income housing projects;
(b) Shelters for the homeless;
(e) Daycare Centers~
(d) Public and private non-profit schools;
(e) Construction or remodel of non-profit or city-sponsored
community service institutions;
(f) Residential housing projects or remodels which have an
estimated total wastewater flow increase of no more
than 550 gallons per day (approximately four units or
less) ~
(g) city constructed pUblic restrooms.
-14-
.
.
The ten percent priority reserve of the city's allotted
wastewater capacity would be allocated to these proj ects on a
first-come, first-serve basis in order of the date of their
wastewater permit application. Any portion of the ten percent
reserve which remains unused at the end of the fifth month of the
applicable six month period would be added to the general
wastewater capacity allocation pool and be made available to all
other eligible applicants.
As a courtesy to the city of Los Angeles, it is proposed that
quarterly reports he forwarded to the Bureau of Engineering for
the City of Los Angeles which detail the same categories of
information which Los Angeles has requested from contract cities
as a requirement of their ordinance. These reports would
represent santa Monica's efforts to share timely and important
information with other area cities and would not indicate that
the city of Santa Monica accepts the Los Angeles wastewater
control ordinance as binding on contract cities. As a reciprocal
gesture, Los Angeles will be requested to provide quarterly
reports on their wastewater control efforts to the City of Santa
Monica.
BUDGET/FINANCIAL IMPACT
It is not anticipated that the implementation of this ordinance
would involve any significant cost impacts for city departments
which cannot be absorbed within their approved 1988-89 budgets.
-15-
. .
.
.
As the first six month allocation period progresses, staff will
carefully monitor the on-going workload to assess the need for
additional staff to support the program and/or the setting of a
special processing fee to offset actual administrative costs
associated with implementation of the ordinance. Such budget
adjustments, if necessary, would be presented to the city Council
at a later date.
RECOMMENDATIONS
It is respectfully recommended that the city Council:
1. Approve the proposed wastewater control policy as set forth
in this staff report; and
2. Direct the City Attorney to prepare an emergency wastewater
control ordinance to be presented for City Council
consideration at their meeting of July 26, 1988.
prepared by: Stanley E. Scholl, Director of General Services
Margaret Curran, Director of Community & Economic
Development
Paul Berlant, Director of Planning
Kenyon Webster, Senior Planner
Craig Perkins, Administrative Services Manager
-16-