The Chief Executive Officer shall have the power and authority to adopt and promulgate Utilities Enterprise Policies and service standards and specifications consistent with the provisions of the City Charter or this Code concerning matters that are applicable to all operations and finances of the Utilities.
A. Utilities Enterprise Policies:
1. The Chief Executive Officer shall have the power and authority to adopt Utilities Enterprise Policies consistent with the provisions of the City Charter and this Code concerning matters that are applicable to all operations, personnel and finances of the Utilities, and all operational units.
2. The Chief Executive Officer, by Utilities Enterprise Policies, may delegate authority to staff reporting to the Chief Executive Officer to adopt Utilities Enterprise Policies concerning matters applicable to each respective operational unit.
3. Public notice and comment is not required for the adoption of Utilities Enterprise Policies.
B. Service Standards And Specifications; Rules And Regulations:
1. Power And Authority: The Chief Executive Officer shall have the power and authority to promulgate service standards and specifications and rules and regulations consistent with the Charter and this Code, subject to the following guidelines:
a. Electric Generation, Transmission And Distribution: Service standards and specifications relevant to electric generation, transmission and distribution shall pertain to, but shall not be limited to, the following: 1) planning, design, construction, operation and maintenance of Utilities' electric generation plants, transmission and distribution systems and appurtenant facilities; and 2) regulation of the transmission, distribution and use of electricity supplied by Utilities. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the electric production, transmission and distribution systems, and the protection of the systems, processes, equipment and facilities appurtenant thereto.
b. Gas Supply: Service standards and specifications relevant to gas supply shall pertain to, but shall not be limited to: 1) installation, construction, operation and maintenance of Utilities' natural gas distribution system; and 2) regulation of the distribution and use of natural gas supplied by Utilities. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the natural gas distribution system, and the protection of the system, process, equipment and facilities appurtenant thereto.
c. Water Supply: Service standards and specifications relevant to water supply shall pertain to, but shall not be limited to, the following: 1) installation, construction, maintenance, repair or replacement of property appertaining to the water system; 2) provision of water service to the public; and 3) assurance of potable and palatable quality of water. In establishing the standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the water supply system, for a water supply sufficient to satisfy the public needs, and for water quality, by protecting the water supply and the public from polluting or unsanitary substances and conditions.
d. Wastewater Treatment: Service standards and specifications relevant to wastewater treatment shall pertain to, but shall not be limited to, the following: 1) discharge limitations, pretreatment requirements, wastewater lines and services; and 2) implementation of standards promulgated pursuant to the Federal Water Pollution Control Act amendments of 1972, PL 92-500, and subsequent amendments. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure safe, efficient operation of the wastewater system, that will limit wastewater discharges to the system in concentrations and quantities which will not harm either the wastewater system, wastewater treatment process or equipment, that will not have an adverse effect on the receiving water, or will not otherwise endanger persons or property or constitute a nuisance.
e. Computer Services: Reserved.
f. Telecommunications Activities: Reserved.
g. Nonregulated Products And Services: Reserved.
h. Underground Damage Prevention Safety Program: Underground damage prevention safety program rules and regulations necessary to operate and enforce the Underground Damage Prevention Safety Program detailed in City Code Chapter 12, Article 10, shall pertain to, but shall not be limited to, the following: 1) governing excavations near and around underground utility infrastructure; 2) protecting persons and underground utility infrastructure from non-emergency excavation work; and 3) damage reporting requirements.
2. Delegation Of Authority: The Chief Executive Officer by Utilities Enterprise Policies may delegate authority to staff reporting to the Chief Executive Officer to adopt service standards and specifications and rules and regulations for each respective department and other operational units.
3. Public Notice, Comment And Hearing:
a. Application: Except when public notice, comment, or hearing is otherwise required by law, this subsection B3 applies to the adoption of service standards and specifications.
b. List Of Interested Persons: The Chief Executive Officer shall maintain a list(s) of all persons who request notification of proposed adoption of service standards and specifications. A person may only request notification on his or her own behalf.
c. Preproposal: When promulgation of service standards and specifications or rules and regulations is contemplated, the Chief Executive Officer is encouraged, but not required, to provide an opportunity to interested persons to participate informally in conferences on proposals under consideration.
d. Notice: Notice of proposed adoption of service standards and specifications or rules and regulations proposed by the Chief Executive Officer shall be published in at least one newspaper of general circulation within the City at least fifteen (15) days and no more than thirty (30) days prior to the date set for final adoption of the proposed service standards and specifications. The notice shall include: 1) an explanation of the proposed service standards and specifications or rules and regulations; 2) the proposed adoption and effective dates; 3) a statement that a copy of the proposed service standards and specifications or rules and regulations, as applicable, are on file and open for public inspection in the Office of the Chief Executive Officer; 4) designation of the public comment period and the means to provide the comment; and 5) opportunity and manner to request a public hearing. If any material is to be incorporated by reference in the proposed service standards and specifications or rules and regulations, the material shall be identified in the notice by date, title and citation. On or before the day the notice of proposed adoption is published, the Chief Executive Officer shall mail the notice to all persons on the list.
e. Public Comment: The Chief Executive Officer must give full consideration to all comments received as provided in the notice.
f. Public Hearing: The Chief Executive Officer may grant a public hearing if requested by a member of the public if a significant controversy of public import has arisen regarding the proposed service standards and specifications or rules and regulations.
4. Adoption Of Proposed Service Standards And Specifications: The Chief Executive Officer or the Chief Executive Officer's designee shall adopt proposed service standards and specifications after a hearing or after conclusion of the public comment period. Adoption shall be by signature on the approved service standards and specifications of the Chief Executive Officer or the Chief Executive Officer's designee. If no hearing is held, the adopted service standards and specifications shall be similar in substance and form to the proposed service standards and specifications referenced in the public notice.
5. Open To Inspection: Upon adoption, the service standards and specifications shall be available for inspection at the Office of the Chief Executive Officer by any person at any time during regular business hours, and copies thereof may be purchased by any person upon payment of the cost of reproduction and postage.
C. Rulemaking Provisions: The rulemaking provisions of this section shall be prospective only. All previously existing Utilities Enterprise Policies and service standards and specifications shall remain in full force and effect until amended, withdrawn or adopted. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 24-10)