City Council Meeting - FINAL

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Meeting Date: 11/01/2022  
Co-Submitter: Steve Camp From: Jolene Montoya, Industrial Pretreat Supervisor

Consideration and Adoption of Ordinance No. 2022-30:  An ordinance amending City Code to align City Code and industrial discharge permits with the language in Environmental Protection Agency (EPA) 40, and Code of Federal Regulations (CFR) 403.
At the November 1, 2022 Council Meeting:
1) Read Ordinance No. 2022-30 by title only for the first time
2) City Clerk reads Ordinance No. 2022-30 by title only (if approved above)
At the November 15, 2022 Council Meeting:
3) Read Ordinance No. 2022-30 by title only for the final time
4) City Clerk reads Ordinance No. 2022-30 by title only (if approved above)
5) Adopt Ordinance No. 2022-30
Executive Summary:
Water Services is proposing the following changes after an audit was conducted by PG Environmental as an agent for the Arizona Department of Environmental Quality (ADEQ) in June 2022.  There are 3 proposed code changes that will align the verbiage found in EPA 40 CFR 403 with City Code and Industrial discharge permits. 
  • Change code to require a resampling event to be conducted and results submitted to the City within 30 days.  Current code requires only a resampling event to be completed within 30 days. This change is required to meet current EPA regulations. 
  • Require facilities and City to extend record retention for unresolved litigation or when requested by the State director or EPA Regional Administrator. Current code only requires a three-year record retention. 
  • Change the definition of the manager in the signatory requirement to match the updated EPA language.
Flagstaff Water Services has reached out to all the permitted industries with the specific information, published information on the Flagstaff Water Services' website, and made a presentation to the Water Commission.
Financial Impact:

Flagstaff Water Services contacted the industrial users impacted by the change. The change is only to the timeframe for submitting results to the City after an exceedance.  The change does not incur any additional sampling costs for the industries. 
Policy Impact:
The City of Flagstaff has a pretreatment program as directed by the Arizona Pollution Discharge Elimination System (AZPDES) permits for both water reclamation plants.  This program issues discharge permits to industries that qualify under the classifications found in City code 7-02-001-0009.  These proposed changes will align the City code to match EPA language to keep the City of Flagstaff in compliance with ADEQ and EPA.  The impact to the current permitted industrial users will be minimal.
Connection to PBB Priorities/Objectives, Carbon Neutrality Plan & Regional Plan:
The changes to the pretreatment program support the Priority Based Budget Key Community Priorities and Objectives Environmental Stewardship - Promote, protect, & enhance a healthy, sustainable environment & its natural resources by aligning itself closely with EPA regulations.
Has There Been Previous Council Decision on This:
Water Services provided a presentation to the Water Commission on September 15, 2022.
Ord. 2022-30
7-02 changes presentation


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