File #: O-2021-5    Version: 1 Name: DEQ Mun. Exemption - Ordinance 1st Reading
Type: Ordinance Status: Passed
File created: 7/29/2020 In control: City Council
On agenda: 8/25/2020 Final action: 8/25/2020
Title: CONSIDERATION OF ORDINANCE O-2021-5 UPON SECOND AND FINAL READING: AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ADDING ARTICLE VI ("WATER AND SANITARY SEWER LINE EXTENSION OR IMPROVEMENT APPROVAL"), AND SECTIONS 21-601 THROUGH 21-605, TO CHAPTER 21 ("UTILITY SERVICES") OF THE CODE OF THE CITY OF NORMAN TO ESTABLISH DEFINITIONS, CREATING A PROCESS FOR MUNICIPAL EXEMPTION FROM CERTAIN STATE PERMITS FOR WATER LINE AND SANITARY SEWER LINE EXTENSIONS, SYSTEMS AND IMPROVEMENTS, REQUIRING COMPLIANCE WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND CITY OF NORMAN STANDARDS; AND PROVIDING FOR THE SEVERABILITY THEREOF.
Attachments: 1. City Council Staff Report, 2. O-2021-5 Clean, 3. O-2021-5 Annotated

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CONSIDERATION OF ORDINANCE O-2021-5 UPON SECOND AND FINAL READING:  AN ORDINANCE OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, ADDING ARTICLE VI (“WATER AND SANITARY SEWER LINE EXTENSION OR IMPROVEMENT APPROVAL”), AND SECTIONS 21-601 THROUGH 21-605, TO CHAPTER 21 (“UTILITY SERVICES”) OF THE CODE OF THE CITY OF NORMAN TO ESTABLISH DEFINITIONS, CREATING A PROCESS FOR MUNICIPAL EXEMPTION FROM CERTAIN STATE PERMITS FOR WATER LINE AND SANITARY SEWER LINE EXTENSIONS, SYSTEMS AND IMPROVEMENTS, REQUIRING COMPLIANCE WITH THE DEPARTMENT OF ENVIRONMENTAL QUALITY AND CITY OF NORMAN STANDARDS; AND PROVIDING FOR THE SEVERABILITY THEREOF.

 

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BACKGROUND:  In accordance with current regulations for the Oklahoma Department of Environmental Quality (ODEQ), all water and sanitary sewer line extensions must obtain a construction permit from the ODEQ before any construction can begin on these extensions.  The ODEQ review period can vary depending on the number of submittals but the process typically will take 30 - 60 days for receipt of the ODEQ construction permit.

 

Within the current regulations, the ODEQ does allow for municipalities that employ licensed professional engineers as part of their staff to obtain a municipal exemption authorizing the municipality to self-permit water and sanitary sewer line extensions for lines that are 12-inch and smaller.  Currently within the state, the City of Oklahoma City and the City of Tulsa have applied for and have received the municipal exemption and currently self-permit these small diameter water and sanitary sewer line extensions. 

 

In 2019, Management Partners (Contract K-1819-100) reviewed the development process for the City and recommended improvements to help the City expedite the process.  One recommendation was for the City to obtain the municipal exemption to allow for self-permitting of water and sanitary sewer lines to reduce the approval time required for these plans.

 

On June 22, 2020, the Utilities Department submitted applications to apply for the municipal exemption for water and sanitary sewer line extensions (12-inch and smaller).  Included within the applications were this ordinance and draft water and sanitary sewer resolutions for the ODEQ’s review.

 

DISCUSSION:  Ordinance O-2021-5 would add Article VI which will include Sections 21-601 through 21-605 necessary to allow for the City to obtain the municipal exemption for the permitting of water and sanitary sewer line extensions for lines 12-inch and smaller.  This exemption will allow staff within the Utilities Department to self-permit these extensions which will eliminate the need for the ODEQ review period.   This should reduce the amount of time required for the developer to begin construction and will also reduce the required permit fees to be 20 percent of the normal requirement.

 

The Utilities Department currently has three licensed professional engineers (one Utilities Engineer and two Capital Projects Engineers) budgeted.  This staff level will allow the Utilities Department to effectively review development plans and self-permit these plans in accordance with City and ODEQ requirements.  To date, staff is already reviewing plans to ensure there is sufficient water and sanitary sewer capacity available and to ensure the installation will meet City and ODEQ requirements and will facilitate operation and maintenance by City staff. 

 

Staff will still be required to submit plans and the reduced fees to the ODEQ on a monthly basis.   However, excepting circumstances requiring ODEQ response as set forth in the guidelines, construction will generally be able to proceed based on the approval by the City and is not delayed by this submittal to the ODEQ.

 

Recommendation:  Staff submits Ordinance O-2021-5 for Council’s consideration.