Ordinance amends sanitary sewer standards for the Port of Oakland.

Attachment A PORT ORDINANCE NO. 4839 ORDINANCE AMENDING AND ADOPTING THE SANITARY SEWER STANDARDS AS CHAPTER 10.07 OF THE PORT OF OAKLAND ADMINISTRATIVE CODE (POAC), AND FINDING THAT THE PROPOSED ACTION IS EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the Board of Port Commissioners of the City of Oakland ("Board") has reviewed and evaluated the Agenda Report for Agenda Item 5.1, dated April 23, 2026, and related agenda materials ("Agenda Report"), has received the expert testimony of Port of Oakland ("Port") staff, and has provided opportunities for and taken public comment; and WHEREAS, Section 706 of the City of Oakland ("City") Charter gives to the Board the complete and exclusive power and duty for and on behalf of the City to exercise various powers and duties relating to the Port's jurisdiction, including, but not limited to, the power and duty to "adopt and enforce such ordinances, orders, regulations and practices as are necessary for the proper administration and discharge of its duties and powers, or for the management and government of the port, and its facilities" (City Charter, Sec. 706(27)); and WHEREAS, in acting upon this matter, the Board has exercised its independent judgment based on substantial evidence in the record and adopts and relies upon the facts, data, analysis, and findings set forth in the Agenda Report and in testimony received; now, therefore, BE IT ORDAINED by the Board of Port Commissioners of the City of Oakland as follows: Section 1. The Board hereby finds and determines that the proposed action is not subject to the California Environmental Quality Act ("CEQA") under the general rule exclusion under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the proposed action will not have a significant effect on the environment and therefore is not a "project" under CEQA. Section 2. The Board hereby: A. Approves, amends, and adopts the Sanitary Sewer Standards as Chapter 10.07 of the Port of Oakland Administrative Code ("POAC"), as reflected in Attachment A, and as further described in the Agenda Report. B. Repeals all former Port ordinances and/or resolutions containing the Sanitary Sewer Standards, including, without limitation, Port Ordinance No. 4113. C. Authorizes the Executive Director or her designee to take all actions necessary to implement this adoption into the POAC, provided that such actions do not materially differ from the terms and conditions set forth herein and in the Agenda Report, subject to approval as to form and legality by the Port Attorney. Section 3. This Ordinance is not evidence of and does not create or constitute (a) a contract, or the grant of any right, entitlement or property interest, or (b) any obligation or liability on the part of the Board or any officer or employee of the Port. Unless and until a separate written agreement is duly executed on behalf of the Board as authorized by this Ordinance, is signed as approved as to form and legality by the Port Attorney, and is delivered to the other contracting party, there shall be no valid or effective agreement. Section 4. This Ordinance shall take effect on the date of its final adoption; provided, however, that if a petition protesting the adoption of this Ordinance is timely and duly submitted to the elections official of the City of Oakland in the manner required under California Elections Code � 9237, the effective date of this Ordinance shall be suspended, and all actions authorized by this Ordinance shall be null and void. The Board of Port Commissioners, Oakland, California, April 23, 2026. Passed to print for one day by the following vote: Ayes: Commissioners Dominguez Walton, Leslie, Martinez, Myres, Wong and President Cluver 6. Noes: 0. Excused: Commissioner Muhammad 1. Daria Edgerly, Secretary of the Board Chapter 10.07 Sanitary Sewer Standards Section 10.07.010 Purpose The purpose of this Chapter is to regulate the design, construction, inspection, testing, and abandonment of the Sanitary Sewer System, and to define the allowable and prohibited discharges to the Sanitary Sewer System. This Chapter shall not supersede any existing or future statute, rule, regulation, or ordinance of any public agency (besides the Port), State, or Federal regulatory body governing Wastewater and water discharges into the Sanitary Sewer System. Section 10.07.020 Definitions As used in this Chapter, the following words and phrases shall be construed and defined as follows. "Contamination" means an impairment of the quality of the waters of the State by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease, including any equivalent effect resulting from the disposal of Wastewater, whether or not waters of the State are affected. "Director" means the Executive Director or their designated representative. "EBMUD" means the East Bay Municipal Utility District. "Engineer" means the Director of Engineering of the Port or their designated representative. "Lateral" means the particular Sanitary Sewer which lies between the building or structure it serves, to and including its connection with the Sanitary Sewer System and which carries Wastewater and liquid wastes from the serviced building or structure to the Sanitary Sewer System. "Misfeasor" means any Person who causes or allows to be caused a Nuisance under this Chapter. "Nuisance" has the meaning set forth in California Water Code � 13050(m), as such section may be amended or superseded, as well as any violation of, noncompliance with, or refusal to comply with any of the Provisions of this Chapter, or any of the provisions incorporated herein. "Pollution" means an alteration of the quality of the waters of the State by waste to a degree that unreasonably affects (A) such waters for beneficial use or (B) facilities that serve such beneficial uses. "Private Sewer" means a pipe, conduit, or channel, not maintained by the Port, used to carry Wastewater. "Public Sewer" means a pipe, conduit, or channel, maintained by the Port and used to carry Wastewater. "Sanitary Sewer" means any building sewer, Private Sewer, or Public Sewer used to carry Wastewater. "Sanitary Sewer System" means either the entire network or a portion of that network of publicly and privately maintained pipes, conduits, channels, manholes, pump stations, and all appurtenances thereto, under the jurisdiction of the Port, used to collect, store, and transport Wastewater. "Wastewater" means water carrying waste from residences, commercial, and industrial establishments, or any combination of such wastes, but excluding storm water when conveyed in a separate storm water system. "Wastewater Control Ordinance" means EBMUD Ordinance Number 355-11, as such ordinance may be amended or superseded. "Wastewater Treatment Plant" means the EBMUD Main Wastewater Treatment Plant. Section 10.07.030 Authority to Develop Design, Construction, Inspection, and Testing Standards The Board has approved and authorized the Engineer for and on behalf of the Board to develop, publish, and enforce standards for the design, construction, inspection, testing, and abandonment of the Sanitary Sewer System and for updating the standards from time to time. Such standards shall apply to all Sanitary Sewers under Port jurisdiction regardless of whether they are Public Sewers or Private Sewers. Section 10.07.040 Allowable Discharges Wastewater may be discharged into the Sanitary Sewer System provided that it does not violate the limitations established in this Chapter and further provided that the discharger obtains permission of the Port, EBMUD, and City, as applicable, to discharge into the Sanitary Sewer System. Section 10.07.050 Prohibited Discharges A. General Prohibition The discharge of Wastewater into the Sanitary Sewer System that results in Contamination, Pollution, or a Nuisance is prohibited. B. Prohibited Effects Wastewater or a substance of any kind shall not be discharged or otherwise deposited into the Sanitary Sewer System in such quantities or qualities which, either alone or by interaction with other wastewater, cause or threaten to cause any of the following: 1. Danger to the life or safety of any person, including but not limited to the presence of toxic gases, fumes, or vapors in quantities that endanger the health and safety of Port personnel. 2. Damage to Port facilities. 3. Interference with the operation or capacity of the Sanitary Sewer System. 4. Obstruction of flow in Sanitary Sewers. 5. Interference with the Wastewater treatment and disposal process. 6. Flammable or explosive conditions. 7. Interference with the ability for reclamation and reuse of Wastewater. 8. Any noxious or malodorous gas or substance capable of creating a Nuisance. 9. Violation of receiving water quality limitations. ATS 6964822 & 6964823; May 1, 2026