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HomeMy WebLinkAbout02/19/1991, 2 - ESTABLISHMENT OF INDUSTRIAL USERS PERMIT FEES FOR THOSE INDUSTRIAL USERS DISCHARGING TO THE CITY'S WASTEWATER SYSTEM. �IIIN�lyllll�l I In��II ill ATE: D city of San lues OBIspo EE MEETINGDATE: y ITEM NUMBER: COUNCIL AGENDA REPORT FROM: William T. Hetland VT+\_ Prepared By: John E. Moss Utilities Director Wastewater Division Manager SUBJECT: Establishment of Industrial Users Permit Fees for Tho e Industrial Users Discharging to the City's Wastewater System. CAO RECOMMENDATION: By motion, adopt a resolution setting Industrial Users Permit Fees for discharge to the City's Wastewater System which includes the following: 1. Significant and Categorical Users Annual Permit Fees . . . . . . . . . . . . . . . . . . . .$1, 140.00 2 . Class 1 Users Annual Permit Fees . . . . . .$ 570.00 3. Class 2 Users Annual Permit Fees . . . . . .$ 285. 00 4. Monthly Compliance Monitoring, sampling and Follow-up Inspections for Noncompliance/Violations to be billed at the hourly rates established in the Public Works Department "Labor and Equipment Rates" document. 5. Annual permit fees to become effective and due immediately and on January 1st of each year thereafter. REPORT IN BRIEF In 1982 the City established a federally mandated pretreatment program for monitoring and control of industrial users discharging waste to the City's wastewater collection and treatment systems. In order to fund the program, and any future increases in program cost, staff has developed a system of industrial user permit fees based on the minimum number of monitoring events (inspections and sampling) required to insure industry compliance with Local, State and Federal regulations. The proposed fees are detailed above in the recommendation. The pretreatment program is currently being funded through the sewer fund. Estimated annual cost of the program, including direct and indirect costs, is $146,000. It is consistent with Council policy that all costs associated with this program be funded through a system of user fees. Council has previously approved an upgrade of the pretreatment program contingent upon establishment of industrial user fees. The previously approved program upgrade is essential in meeting State and Federal requirements for the program as well as insuring maximum 2 �� ���n���i� 01111;�►�' illllll city or San Lacs OBISp0 OftZe COUNCIL AGENDA REPORT Industrial User Permit Fees Meeting of February 19, 1991 Page 2 potential for reclamation of wastewater effluent and sludge (see page A-25 of Appendix A, 1989-91 Financial Plan Supplement) . The costs associated with the program upgrade have been included in the proposed fee structure. The proposed fee program would result in an increase in revenue of approximately $146,000. Staff solicited comments from all currently permitted industrial users on the proposed fee program. The response received was largely negative as would be expected, citing the rising cost of doing business as a primary concern. In addition, the proposed fee structure was compared with that of other cities and was found to fall in the mid-range of industrial user permit fees. The proposed fee program does not affect the retail/commercial and non-industrial businesses within the City. Alternatives to establishing the proposed fee program would be to (1) continue to fund the program through the sewer fund. This would continue to place the burden for funding the program on the non-industrial users in the City and would not provide a funding mechanism for the required program upgrade. (2) Fund only a portion of the program through permit fees and the remainder through the sewer fund. This would reduce the impact of the fee program on industry but still place the burden of a portion of the program cost on the non-industrial users. DISCUSSION: BACKGROUND In 1982 the City established a Pretreatment Program for monitoring and control of industrial users discharging waste to the City's wastewater collection and treatment system. The City's Pretreatment Program is a federally mandated program under the provisions of the Clean Water Act and is currently being regulated by the Environmental Protection Agency (EPA) and the California Regional Water Quality Control Board (RWQCB) . The City is required under Federal regulation [40 CFR 403.8 (f) (3) ] to provide adequate resources (funding and personnel) to carry out the requirements of the program as identified in 40 CFR 403. The objectives of the Pretreatment Program, as defined under 40 CFR 403.2, are to monitor and control industrial discharges to Publicly Owned Treatment Works (POTWs) to: (a) Prevent the introduction of pollutants into POTWs which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge; (b) Prevent the introduction of pollutants into POTWs which will d�►�i�►►��IIlIIIIII��' ll�lll city of San lulS OBISp0 IIINGe COUNCIL AGENDA REPORT Industrial User Permit Fees Meeting of February 19, 1991 Page 3 pass through the treatment works or otherwise be incompatible with such works; and (c) Improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges. Current Funding Since 1982 the City has funded it's Pretreatment Program through the Sewer Fund. The sewer fund is an enterprise fund consisting of rates and fees sufficient to fully cover the direct and indirect costs of the wastewater programs. Initially the Pretreatment Program was included as part of the Wastewater Treatment Program and was operated out of the Wastewater Treatment Budget. In the 1989-91 Financial Plan and Approved 1989-90 Budget the Pretreatment Program was separated from Wastewater Treatment and its own budget identified and established (Pg. D-31, 1989-91 Financial Plan and Approved 1989- 90 Budget) . This was done to more accurately identify the required resources of the Pretreatment Program and provide a basis for establishing Industrial Users Fees. The need to establish Industrial User Fees was identified in the 1989-91 Financial Plan [Supporting Documentation pg. C-19 (a) ] . Proposed Funding In order to more equitably distribute the cost of the Pretreatment Program operation to the industrial users, staff has developed a system of Industrial Users Permit Fees which will fully cover the cost of the City's Pretreatment Program. The City currently has 328 total permitted industries made up of significant and federal categorical industries such as metal plating shops and printed circuit board manufacturers, class 1 industries such as service stations, dry cleaners and photo finishing shops, and class 2 industries which are primarily restaurants. The classification applied to individual industries is primarily based on their potential to cause interference or pass-through. Those types of industries under the federal categorical industry classification have been identified by the EPA and are governed not only by local discharge limits, but by federal categorical pretreatment standards as well. Staff has developed the system of Industrial User Permit Fees based on the total cost of the Pretreatment Program operation and the minimum amount of monitoring and inspection required to insure industry compliance with Federal, State and Local discharge limits. The amount of required monitoring is governed by the classification of the industry and its potential to interfere with the operation of the POTW. 7 �►►►nn���►I�111181I;i�iii�IlPi City of San LUIS OBISPO COUNCIL AGENDA REPORT Industrial User Permit Fees Meeting of February 19, 1991 Page 4 Because of their potential to interfere with the POTW, significant and federal categorical industries require a minimum monitoring frequency of 4 times per year, class 1 industries - 2 times per year, and class 2 industries - 1 time per year. By basing the permit fees on the minimum number of monitoring events required per year, the rates will most accurately reflect the demands placed on the Pretreatment Program by each industrial user classification. A breakdown of the derivation of the Permit Fees is provided in Table 1. TABLE 1 Total Pretreatment Program Cost . . . . . . . . . . . . $146r000 (Includes direct and indirect costs) Total Inspections Per Year to Satisfy Program Requirements . . . . . . . . . . . . . . . . . . 510 Program Cost Per Inspection . . . . . . . . . . . . . . . . $ 285.00 ANNUAL PERMIT FEE PER INDUSTRY CLASSIFICATION Significant and Federal Categorical Industries @ 4 Inspections Per Year . . . . . . $1,140.00 Class 1 Industries @ 2 Inspections Per Year . . . $ 570.00 Class 2 Industries @ 1 Inspection Per Year . . . . $ 285.00 In addition, staff is recommending establishing a system of fees for monthly compliance monitoring and sampling and follow-up monitoring and inspection resulting from industry non-compliance. These fees will be based on the hourly rate established in the Public Works Department Labor and Equipment Rates document dated January 1990. The current labor rate for the Industrial Waste Inspector is $35.65 per hour. These fees will be billed through use of the Public Works Billing Statement. Assessment of additional inspection fees resulting from non-compliance will provide additional incentive for compliance as well as insure equitable distribution of program costs to those industrial users placing the most demand on the program resources. Comparison With Other Cities Staff has investigated the industrial user fee programs for other cities and has found them to be greatly variable. Fees were found to range from $25.00 per permit for all industries regardless of classification to $3,000 for significant and categorical industries. There was also some indication that industrial users fees were often an indication of local policy towards industrial growth. That is, low fees to encourage industrial growth and high fees to discourage industrial growth. 2 — ��u�ib►i��ill!ll;li l►i ii;llll MY Of san LUIS OBI SPO NIZA COUNCIL AGENDA REPORT Industrial User Permit Fees Meeting of February 19, 1991 Page 5 The fees being recommended at this time fall in the mid range of those surveyed. The Goleta Sanitary District has based its industrial user permit fee program on the same criteria as that recommended here and has established fees consistent with or slightly higher than those recommended here. Citizen Participation In order to evaluate industry response to the proposed fees, letters were mailed to 300+ currently permitted industrial users in the City explaining the fee program and seeking their response. As anticipated, the response was negative towards assessment of any additional fees. A majority of the respondents felt the fees were unfair since the required monitoring and user classifications were based on potential to cause harm to the POTW and not actual pollutants discharged. In addition there was significant concern over the escalating cost of doing business in San Luis Obispo. A copy of the letter mailed and the letters of response received are available in the Council Office for review. In addition, staff met with the Chamber of Commerce to discuss the proposed fee program. The Chamber understood the need for the pretreatment program and felt the basis of the proposed fees was reasonable, however, were reluctant to either support or oppose the fee program. CONCURRENCES The City Finance department has reviewed the recommended fee program and concurs with the recommendations herein. In addition, staff has discussed the basis of the proposed fee program with the State Water Resources Control Board and they concur with the fees being based on inspection frequency. FISCAL IMPACT The recommended fee program will result in an increase in revenue of approximately $146, 000 to the sewer fund. This increase in revenue reflects the total cost of operation of the City's Pretreatment Program. It is recommended that the fees be adjusted annually to reflect any increase or decrease in cost of the operating program. ALTERNATIVES 1. Take no action and continue to fund the Pretreatment Program through the current system of sewer rates. This option does not place the cost of the program on the industrial users for whom the program is required and places an additional burden on the non-industrial users. The demands on the pretreatment program will continue to grow and as such, 2 -5 �u�i�H►�ifl!IP,IIi�°j►��IIIII city of San LUIS OBISPO COUNCIL AGENDA REPORT Industrial User Permit Fees Meeting of February 19, 1991 Page 6 so will the cost for operation of the program. On June 12, 1990 Council approved an upgrade of the Pretreatment Program contingent upon establishment of industrial user permit fees. Previously established goals for the program will not be achieved if the permit fees are not established. This will result in the City not achieving compliance with the requirements for the pretreatment program as set by the State and Federal regulatory agencies and may result in not achieving compliance with the wastewater discharge requirements as a result of inadequate pretreatment program enforcement. In order to avoid this noncompliance, staff recommends Council approve completion of the previously approved program upgrades without an established fee program if this alternative is selected. This alternative is not recommended. 2. Develop a program of Industrial Users Permit Fees that is based on a program cost recovery of less than 100 percent. Staff has developed an inspection based fee program sufficient to cover the cost of the pretreatment program upgrade alone. The previously approved program upgrade consists of the addition of one Industrial Waste Technician and upgrading the existing Industrial Waste Inspector position to Industrial Waste Coordinator. This would result in the following fee schedule based on an increased program cost of $54,000 including direct and indirect costs: 1. Significant and Categorical Users Annual Permit Fees . . . . . . . . . . . . . . . . . . . . . . . $420.00 2. Class 1 Users Annual Permit Fees . . . . . . . . . $210.00 3. Class 2 Users Annual Permit Fees . . . . . . . . . $105.00 This alternative may be substantially more pallitable to the industrial users, however opposition to any fee program would still be anticipated. This alternative would still place the burden for the bulk of the program, approximately $92, 000, on the non-industrial users. This alternative is not recommended, however Council may find this alternative desireable as it would lessen the impact of the fee program on the industrial users. 2 -� Industrial User Permit Fees Meeting of February 19, 1991 Page 7 RECOMMENDATION By motion, adopt a resolution setting Industrial Users Permit Fees for discharge to the City's Wastewater System which includes the following: 1. Significant and Categorical Users Annual Permit Fees . . . . . . . . . . . . . . . . . . .$1, 140.00 2. Class 1 Users Annual Permit Fees . . . . .$ 570.00 3 . Class 2 Users Annual Permit Fees . . . . .$ 285.00 4. Monthly Compliance Monitoring, Sampling and Follow-up Inspections for Noncompliance/Violations to be billed at the hourly rates established in the Public Woks Department "Labor and Equipment Rates" document. 5. Annual permit fees to become effective and due immediately and on January 1st of each year thereafter. Attachment: Resolution Fee Survey RESOLUTION NO. (1991 Series) ESTABLISHMENT OF PERMIT FEES FOR INDUSTRIAL USERS OF THE CITY. WASTEWATER COLLECTION AND TREATMENT SYSTEMS WHEREAS, the Environmental Protection Agency (EPA) and the State of California, Regional Water Quality Control Board (RWQCB) require the City to establish and operate an Industrial Pretreatment Program to control and monitor industrial discharge to the City's wastewater treatment systems, and WHEREAS, the City has established a pretreatment program that complies with the State and Federal requirements as defined in Part 403 of the Code of Federal Regulations(CFR) , and WHEREAS, CFR 403.8 (f) (3) requires the City to have sufficient resources (funding and personnel) to carry out the requirements of the program, and WHEREAS, 13 . 08.250 of the City Municipal Code provides the legal authority to establish a system of charges and fees, and WHEREAS, the cost of the pretreatment program shall be equitably distributed to the industrial users through a system of industrial user permit fees which reflect the actual demands placed on the program by each classification of industrial user. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby adopt the following schedule of Industrial User Permit Fees: 1. Significant and Categorical Users Annual Permit Fees . . . . . . . . . . . . . . . . . . . . $1, 140. 00 2 . Class 1 Users Annual Permit Fees . . . . . . $ 570. 00 3. Class 2 Users Annual Permit Fees . . . . . .$ 285. 00 4 . Monthly Compliance Monitoring, sampling and Follow-up Inspections for Noncompliance/Violations to be billed at the hourly rates established in the Public Works Department "Labor and Equipment Rates" document. 5. Annual permit fees to become effective and due immediately and on January 1st of each year thereafter. Resolution No. (1991 Series) Upon motion of seconded by and on the following roll call vote: , AYES: NOES: ABSENT: the foregoing resolution was adopted this day of , 1991. Mayor Ron Dunin ATTEST: Pam Voges, City Clerk APPROVED: ity Administrativ Offic C' y for ey City Finance Director City Utilities Director LIST OF I Nil!STR I AL USER FEE-4-:; FOR OTHER PRETREAT MENT PROGRAMS 1. :=ld.rit_a N( ria. - No fees atthis time. �. lcRlarll!r, _. ,5 ,2,,41 -r.�_._. c2, Frr-mit. excludes r"estt-I_la.rlts. Isle: ti1,t... G_iet.a - Fee is determined by class of farllity. Class I - Rest.ruant..s: $2`111.4(11) ('lass II - rias Stat.iorls/Net.. Processes: $`Iblh.41111 ';lass III - Photo Finishinq/Higher Impact.: $14114(.02 (:lasSIV - Cat.agor-ical IndUSt.rieS/':-igrlificant. Users: 31500.00 Fees were calculat•ed by dividing marl rlUurs toy time needed to in=c,ect. and Sample these facilities. 4. *31)10.4141 per permit.. Fee has not. ,_harlged sin=e 1977. `. San_ Leandro - Fee for permit. dependant. on Total Suspended 'Solids and Eiological Oxygen Demand discharged by each facility. 6. Hayward - 214141.111111 per permit for first year with a $541.4141 annual renewel fee. 7. Petaluma - Fee determined by Biological O:> ygen Demand, Total SLk5pendeo 'Solids, samplinq and administration. Fines are assesed by the concentratic,n of the discharge V ir.1 at irin. E ample: Violation over :,4141 ppm of discharge limit, add 10% to monthly billing. V1c,Iatlon over 64141 ppm of discharge 11mit.. add 210% to monthly billing. Violation over 90111 ppm of discharge lirrlit•: add 30% to monthly billing. N. Citi of Fillmore - $700.0111 �- " t., t.- only t,. per per"mi . r'er-fu n ly issued catagor-ical industries and siq_nlficant industrial users. q. Nort.11 '=:an Mateo County Sanitation District - No fees or permits. Z- �o Val ler — 14c' fees one for Significant. Industrial Users and r:atagorical Industries and one for all others. Old discharge permit fees: Auto Repair and Restraunt.s; 00 $1 1 c,.Qi0 Significant Industrial Users and ratagorical Industries: $500.00 New discharge permit fee; Auto repair and Rest.raunts: $•700.00 _significant Industrial Users and i at.agorical Industries: 83000.00 W. Thousand Oaks - annual di - $<_�". discharge harge permit fee for :significant Industrial users and Cat.agorical Industries. 12. Oxnara - $1000.00 annual discharge permit. fee for Significant Industrial Users and 4at.agorical Industries. 'EYING AGENDA - uATE 2_i4'911TEM i ►-n L�In amus aA-\6 m -�LE ta�i*l C- - --- ���5� __� � -f-o� haw 1. Cl g.�a.►ti�n.,�e..o��� Gt.m�o�,..��. - --- REC.EI V EL) FEB 1 y MI �o �: . c'm',rQc�o�u��pi".—_ __ 0 CmmncR CaDE - ...---- - -------- Lw O—.— ❑- RN.IRR-- - — --- ---....... --- ----- --- -...- W ❑ FQtE C1 IIEF O Iff'CLEWORIC:0- ❑ MCMT M,'A ❑ Dom. -- - - --- -- - ---- -- SRF/►DflLE ff�13jCT17 - -- -- ------- - -- -- - - ------ -T Lo Li