1 STAFF REPORT
DATE: April 22, 2025
TO: Justin Hess, City Manager
FROM: Ken Berkman, Public Works Director
VIA: Stephen Walker, Assistant Public Works Director – Wastewater Systems
SUBJECT: Adoption of a Resolution Approving the City’s Sewer System Management Plan Update and Certifying it is Consistent with Waste Discharge Requirements for Sanitary Sewer Systems
RECOMMENDATION
Adopt A RESOLUTION OF THE COUNCIL OF THE CITY OF BURBANK APPROVING THE CITY’S SEWER SYSTEM MANAGEMENT PLAN (SSMP) UPDATE AND
CERTIFYING IT IS MATERIALLY CONSISTENT WITH STATEWIDE WASTE DISCHARGE REQUIREMENTS (WDRs) – GENERAL ORDER FOR SANITARY SEWER SYSTEMS (Attachment 1).
BACKGROUND
On May 2, 2006, the State Water Resources Control Board (SWRCB) adopted Order No. 2006-0003, the Statewide WDRs – General Order for Sanitary Sewer Systems (2006 Order). These WDRs are the regulatory mechanism for all public agencies that own or operate sanitary sewer collection systems (pipelines and manholes) greater than one mile in length and that collect and convey untreated or partially treated wastewater to a publicly owned treatment facility, such as the Burbank Water Reclamation Plant (BWRP). The ultimate goal of the WDRs is to reduce the frequency and volume of Sanitary Sewer Overflows (SSOs) by requiring public agencies to properly manage, operate, and maintain their wastewater collection system.
To comply with the 2006 Order, City Council (Council) adopted Resolution No. 27,893 on April 21, 2009, approving the City’s initial SSMP document. Subsequently, the City re- certified the SSMP on April 10, 2014 through the SWRCB’s regulatory database, California Integrated Water Quality System (CIWQS), as the WDRs required the SSMP PUBLIC
WORKS
2 to be updated every five years. During 2018 and 2019 , the City engaged in discussion with California River Watch in response to alleged SSO -related violations. As a result , Burbank and California River Watch agreed to enter into a Consent Decree, dated October 15, 2019, to take certain actions, including the updating of the SSMP. As such, the Public Works Department retained the services of Willdan Engineering to prepare the SSMP Update, which incorporated the terms to satisfy the Consent Decree along with other revisions to the SSMP that were needed to enhance compliance and the effectiveness of the program operation, maintenance and emergency response. Council adopted Resolution No. 20- 29,164 on July 21, 2020, approving the updated SSMP document, and the City subsequently uploaded the document on CIWQS as required by the WDRs.
DISCUSSION
On December 6, 2022, the SWRCB adopted Order No. 2022-103-DWQ, Statewide WDRs – General Order for Sanitary Sewer Systems (2022 Order), which became effective on June 5, 2023 and superseded the 2006 Order and amendments thereafter.
The items highlight ed below are major elements of the 2022 Order, which have been completed by Public Works to ensure that the City is in compliance:
• Regulatory Coverage – Prepared and electronically certified the “Continuation of Existing Regulatory Coverage” form in CIWQS to continue coverage from the 2006 Order under the 2022 Order. This item was completed on May 19, 2023.
• Spill Emergency Response Plan (SERP) Update – Retained HDR Engineering, Inc. to assist with the preparation of t he SERP Update, which includes measures to protect public health and the environment by preventing SSOs. The SERP also includes m easures to quickly mitigate any SSOs that may occur , to minimize discharges to the storm drain system and waters of the state, to recover wastewater and return it to the system, and to clean up the affected area. The SSO response also includes complying with the notifications, monitoring, reporting, and recordkeeping requirements in the 2022 Order. The SERP Update was completed and training was performed for Public Works – Wastewater Systems Division staff in June 2023.
• Annual Reports – Prepared and electronically certified Annual Reports in CIWQS to provide information on the population served and service area; number of employees, years of experience, and certifications held for sewer operations and maintenance workers; age, location, condition of, and maintenance performed on sewer system pipelines, manholes, and pump stations ; overall system performance, causes of SSOs, and any actions taken to investigate and address 3 system deficiencies. The annual reports were completed in March 2024 and March 2025.
• SSMP Audit – Conducted an internal audit of the City’s existing SSMP and electronically submitted it in CIWQS. HDR Engineering, Inc. was retained to assist the City in conducting the audit to evaluate the implementation and effectiveness of the SSMP, assess compliance with the 2020 Order, identify deficiencies in addressing SSOs and any discharges to waters of the state, and to determine any modifications needed to correct deficiencies. The SSMP Audit (Attachment 2) was completed in November 2024 and inclu des Audit Findings and Recommended Corrective Actions.
• SSMP Update – HDR Engineering, Inc. was retained and is currently assisting the City in the preparation of the SSMP Update, which includes eleven chapters covering the procedures for the management, operation, and maintenance of the sanitary sewer system, evaluation of existing and future conditions and system needs, and the prioritization of repairs and maintenance work as described in the 2022 Order. In addition, the SSMP Update incorporates the Findings and Recommended Corrective Actions from the SSMP Audit.
The most challenging component of the SSMP Update is Chapter 8, System Evaluation, Capacity Assurance and Capital Improvements, which includes preparation of the System Evaluation and Capacity Assurance Plan (SECAP or Master Plan). The City’s Public Works and Community Development Departments are currently collaborating on this effort, which is related to the evaluation of housing needs and preparation of the Downtown Transit Oriented Development ( TOD), Golden State, and Media District Specific Plans. The SECAP requires flow monitoring inside sewer pipelines during the wet and dry seasons (completed); evaluation and computer modeling of the collection system (ongoing), and a capital improvement plan for the development and prioritization of future capital improvement projects needed to increase sewer capacity in the collection system and at the Burbank Water Reclamation Plant (BWRP). This work has been complicated by the growing and dynamic demands of meeting the state- mandated increases in housing units and assessing the site -specific impacts to the sewer system related to private development projects at opportunity sites.
The recommended approval of the SSMP Update addresses ten of the eleven chapters in the SSMP and includes all “Corrective Actions and Opportunities for Improvement” from the SSMP Audit that are administrative in nature and not sewer capacity related (Attachment 3). In the interim, r eference is made to the City’s current SECAP and the ongoing capital improvement projects included in the City’s annual budget. An updated SECAP, addressing the City’s sewer capacity needs for future state-mandated increases 4 in housing units , will be brought to Council as a separate item for approval when completed.
This SSMP Update is materially consistent with the statewide WDRs for Sanitary Sewer Systems and incorporates the latest requirements from the SWRCB related to the WDRs – General Order for Sanitary Sewer Systems.
ENVIRONMENTAL REVIEW
The SSMP Update primarily incorporates continuing administrative and maintenance activities, including updates to procedures and operations of existing facilities in accordance with WDRs . As a result, the SSMP Update is not subject to the California Environmental Quality Act (CEQA) in accordance with Section 15378(b)(2) of California Code of Regulations, Title 14, Division 6, Chapter 3 (CEQA Guidelines). Even if the SSMP Update were deemed to be subject to CEQA, the administrative and maintenance activities, primarily ministerial in nature, would involve operation, repair, maintenance or minor alteration of existing public facilities involving negligible or no expansion of existing or former use and would qualify as a Class 1 exemption under CEQA Guidelines Section 15301. Any future or planned developments that would have site-specific impacts on the sewer system would require their own environmental review process as part of the approval of the development.
FISCAL IMPACT
The SSMP Update is anticipated to have a minor fiscal impact to the City’s Water Reclamation and Sewer Enterprise Fund, mainly due to additional staff time required to manage, operate, and maintain the wastewater collection system. However, if the SSMP Update is not approved and submitted to address the new regulatory requirements, then the SWRCB has the authority to impose administrative and civil liability penalties for failure to comply with the WDRs and there is a potential increases risk of third- party lawsuits. The future funding needs associated with the SECAP ( for state-mandated increases in housing) will be addressed as a separate item for Council approval.
CONCLUSION
Staff recommends that Council approve the City’s Sewer System Management Plan Update and certify that it is materially consistent with the Statewide WDRs – General Order for Sanitary Sewer Systems.
ATTACHMENTS
Attachment 1 – Proposed Resolution
Attachment 2 – Audit Findings and Recommended Corrective Actions Attachment 3 – Sewer System Management Plan Update (Appendices available at Public Works Department)