Sunnyvale Municipal Code Ch. 12.40 Wastewater Capacity Allocation

The entire sewage treatment capacity of the Water Pollution Control Plan (WPCP) shall be allocated to four categories as follows: (A) Industrial (consisting of all zoning districts M-1, M-2, M-3, M-4 or any replacement district intended to be primarily for manufacturing land use); (B) Commercial/Public (consisting of all zoning districts O, P-F, CD, C-H, C-1, C-2, C-3, C-4); (C) Residential (consisting of all zoning districts R-0, R-1, R-2, R-3, R-4, R-5, R-MH); which allocations shall total 96% of the WPCP's rated capacity. In addition a fourth category, (D) "Reserves" shall be established totaling 4% of the WPCP's rated capacity.

(Ord. 2078-83 § 2)

The initial allocations for each of these four categories, which shall be subject to later adjustments as set forth below, shall be as follows:

(Ord. 2078-83 § 2)

There shall be established for each of Categories A, B and C, an "Initial Baseline Limit," which shall be defined as the initial allocations, less the present estimated vacant land needs of 1.485 MGD for Category A (Industrial), .256 MGD for Category B (Commercial/Public), and 1.160 MGD for Category C (Residential). The resulting "Initial Baseline Limits" shall be as follows:

(Ord. 2078-83 § 2)

The director of community development or his or her designate shall annually, after the effective date of the adoption of this chapter, conduct a survey of all remaining vacant land in each of the zoning districts of Categories A, B, and C above. The director of community development, or designate, shall thereafter determine the estimated sewage capacity needed to serve all remaining vacant land in Categories A and B at a rate of 3,000 gallons per acre per day for such vacant land. The director of community development, or designate, shall further determine the estimated sewage capacity needed to serve all remaining vacant residential land in Category C when such land is developed. For each vacant acre of land within Category C, capacity needs based upon the maximum density allowed in each zoning district making up Category C, shall be calculated and reserved. The director of community development, or designate, shall thereafter prepare a report to the city council.

(Ord. 2078-83 § 2)

Upon receipt of the results of such survey and report, the city council shall, by resolution, establish modified "baseline limits" for sewage discharge in each of the above Categories A, B, and C, by subtracting the new estimated vacant land needs, from the allocation as set forth in Section 12.40.020 above for each wastewater capacity allocation category.

(Ord. 2078-83 § 2)

The director of community development or his or her designate shall monitor wastewater flows to the WPCP and periodically calculate, on the basis of water sales information, and any other relevant information, the amount of wastewater flow originating from the zoning districts comprising each of the wastewater capacity allocation categories.

(Ord. 2078-83 § 2)

If the calculated amount of wastewater from any allocation category reaches the baseline limit for such category, the director of community development, or designate, shall immediately issue and cause to be filed with the city clerk a Declaration of Need for Wastewater Capacity Evaluation. The city clerk shall within ten days publish this Declaration in the official newspaper of the city. Thereupon for a period of sixty days, or until the Declaration is withdrawn, whichever is earlier, no new wastewater discharge permits shall be issued, and no existing permits shall be modified to permit increased flow. The director of community development or his or her designate shall perform within such sixty days an analysis of the remaining vacant land in each wastewater capacity allocation category, and the wastewater capacity anticipated to be needed to service such vacant land when developed. For each acre of vacant land in Categories A and B, three thousand gallons per acre per day will be reserved. For each vacant acre of land within Category C, capacity needs based upon the maximum density allowed in each zoning district making up Category C, will be calculated and reserved. A new baseline limit for each capacity allocation category shall be calculated by subtracting vacant land needs in each category from total WPCP capacity allocation in each category.

(Ord. 2078-83 § 2)

In the event that any baseline limit for any of the wastewater capacity allocation categories is reached, and a Declaration of Need for Wastewater Capacity Evaluation is declared, and in the further event that the ensuing study indicates that the new baseline limit has already been exceeded, then the director of community development, or his or her designate, shall cause to be filed with the city clerk, a Declaration of Restrictions. The city clerk shall cause such Declaration of Restrictions to be published within ten days in the official newspaper of the city. The Declaration of Restrictions shall state that the following restrictions shall go into effect within ten days from the date of publication:

(a) Discharge of sewage and other wastewater by direct connection into the city's sewerage system from any premises devoted to industrial use for which a building permit is issued after the date of the Declaration of Restrictions, shall not exceed the rate of three thousand gallons per net acre per day.

(b) Where the combined wastewater flow from an existing structure and any alteration or expansion thereof would exceed this standard, the total increased flow in excess of the flow at the date of filing of the Declaration of Restrictions shall not exceed the rate of three thousand gallons per net acre per day multiplied by the number of net acres of the lot times the ratio of the floor area of such addition to the maximum floor area allowable on such lot under Section 19.40.045.

(c) When required by the director of environmental services, discharge rates for purposes of this section shall be measured by a water inflow meter, installed at a location approved by the city, permitting measurement of all water capable of being discharged directly into the city's sewerage system, or by an effluent meter directly measuring discharge flows. Installation and maintenance of such meters when so required shall be at the expense of the users.

(Ord. 2078-83 § 2; Ord. 3062-15 § 49)

Effective immediately upon the effective date of the adoption of this chapter, any user proposing to discharge in excess of 50,000 gallons per day, or proposing to exceed their current Wastewater Discharge Permit (whichever is greater) shall be required to meet with city technical staff, prior to commencing such increased flow, to assure that:

(a) The proposed increase is within quantitative and qualitative limits of the city Water Pollution Control Plant; and

(b) Water conservation, filtering, recycling, pretreatment, evaporation or other wastewater reduction techniques are utilized to the maximum extent feasible; and

(c) Proposed increases in volume do not infringe upon reserves held for vacant land; and

(d) Both user and city personnel understand the needs, limitations, and alternatives of all parties involved in the situation.

(Ord. 2078-83 § 2)

The terms of this chapter shall supersede any contradictory conditions or terms relating to maximum wastewater discharge limitations contained in any use permits, special development permits, variances, and/or subdivision approvals issued or approved between January 8, 1980 and November 26, 1982.

(Ord. 2078-83 § 2)