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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-