HomeMy WebLinkAbout11/04/2003 Adjourned Meeting 18
CITY OF YAKIMA, WASHINGTON
ADJOURNED MEETING OF THE CITY COUNCIL
NOVEMBER 4, 2003 - 7:30 A.M.
COUNCIL CHAMBERS - CITY HALL
1. Roll Call
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Paul George, John Puccinelli, and Bernard Sims
Staff: Dick Zais, City Manager Zais; Glenn Rice, Assistant City Manager;
Doug Mayo, Wastewater Manager; Max Linden, Utility Engineer;
Scott Schafer, Environmental Analyst; and City Clerk Roberts
2. Study Session on Mandated Pretreatment Ordinance
Doug Mayo explained the changes in the federal and state laws that resulted in the
City taking responsibility for the pretreatment program. Full delegation was granted to
the City effective June 15, 2003. New to the City is the responsibility of writing and
issuing permits to Significant Industrial Users (SIU), as well as enforcing any violation
that may occur.
Mr. Mayo answered general questions about the pretreatment program relating to:
• staffing (no additional staffing requested at this time)
• wholesale users (have their own programs)
• proposed laboratory (assessing economic feasibility to build and equip lab)
Council Member Puccinelli spoke at some length about the harm that pouring grease
down the drain, and the use of garbage disposals, have on the sewer system. He
proposed that an ordinance be prepared that would ban garbage disposals in new
restaurants and phase out the existing disposals within seven years. Based upon
previous experience, he stated that not using a garbage disposal at a restaurant he
managed actually helped with their drain problems. Doug Mayo stated that he would
provide Council with a copy of a survey staff conducted on this issue.
• Proposed Legislation Relating to Fully Delegated Wastewater Pretreatment
Program is Reviewed
Doug Mayo explained that the new legislation would allow the City to write permits and
charge -fees that would offset the cost of permit processing and inspections. This is the
same procedure that was followed by DOE prior to this function being transferred to
the City. Council Member Barnett requested clarification of the language that declares
an emergency and permits the City to enter property without a warrant. Mr. Mayo
stated that if there is an emergency such as a leak of explosive substance that poses a
threat to the health and safety of the citizens and there is no time to seek a warrant,
this ordinance permits the City to enter the property to abate the hazard. This
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NOVEMBER 4, 2003 — ADJOURNED MEETING
ordinance relates to industrial property, not residential, and we are required by federal
law to be able to do that. He stated if it were an on -going problem, staff would consult
with the Legal Department and follow the appropriate course of action to abate the
problem. Council Member Barnett said he would like to have language added to the
consent release form that advises the signer about his rights relating to not being
required to permit staff to enter onto his property without permission or obtaining a
warrant. Mr. Mayo agreed to check with the Legal Department for language that could
be included on the form.
Council discussed more in -depth the section relating to compliance; the administrative
hearing; and publication of enforcement actions. Mayor Place also questioned the
section in the ordinance that allows any interested person the ability to request a public
hearing with respect to the permit application, suggesting that "interested person" is
too vague and includes people without "standing ". This discussion led to the question
of who pays the cost for those public hearings. Mr. Mayo pointed out that the
ordinance empowers him to determine if there is significant public interest to warrant
holding the public hearing; if not, the public hearing is not held.
Responding to a question regarding notification to the industry about this ordinance,
Mr. Mayo stated that they were invited to this meeting. Although they were not all
provided with individual copies of these documents, copies were available for review in
several locations as well as on the City's Web site. After the ordinances are adopted,
copies of the pretreatment program would be available on CDs and distributed to the
Significant Industrial Users.
• Proposed Legislation Relating to charges for the Pretreatment Program is
Reviewed
Mr. Mayo advised that the fees in the existing ordinance were not changed, with the
exception of those relating to pretreatment permits. The permit fee is the same
amount that was paid to DOE and was taken from the WAC. Staff will monitor the cost
of the program compared to the fee permit and report back to Council on that and
whether additional staff is necessary to administer this new function. Questioned
about the sunset clause in the rate ordinance, Mr. Mayo replied that it forces staff to
review the rates after the 20 -year bond issue is paid in 2024.
Council Member Puccinelli said he would prefer that the only time a user pays for a
public hearing on the application is if the user is asking for one. If an "interested
• person" requests a public hearing and the City cannot charge them a fee, then the City
should bear the cost of that public hearing. Mr. Mayo stated staff would do further
research on this option.
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