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Home My WebLink About2021 Ordinance No. 006BY AUTHORITY ORDINANCE NO. 6 COUNCIL BILL NO. 03 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER STONE AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTIONS 1 AND 5, OF THE MUNICIPAL CODE (2000) OF THE CITY OF ENGLEWOOD, COLORADO, IN CONNECTION WITH DEFINITIONS/ABBREVIATIONS AND ACRONYMS, AND PROHIBITING THE DISCHARGE OR DEPOSIT OF ANY NON-EXEMPT AMOUNTS OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIAL (TENORM) INTO THE WASTEWATER TREATMENT SYSTEM, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, on November 18, 2020. effective January 14, 2021, the Board of Health, Colorado Department of Public Health and Environment, promulgated regulations under 6 CCR 1007-1 Part 20 titled “Radiation Control – Registration and Licensing of Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)” (the “TENORM Regulations”); WHEREAS, the TENORM regulations establish “requirements and provisions for the generation, handling, processing, transfer, receipt, transportation, disposal, possession, distribution, and beneficial use of technologically enhanced naturally occurring radioactive materials (TENORM) and for the registration and issuance of licenses authorizing these activities.”; WHEREAS, among other things, the TENORM Regulations specify exempt concentrations and amounts of TENORM that publicly owned treatment works (“POTWs”) may accept for treatment without registering or being licensed as TENORM-treating facilities; WHEREAS, among other things, the TENORM Regulations establish a maximum number of years that POTWs may land apply biosolids containing TENORM in non- exempt amounts or concentrations at the same site or facility; WHEREAS, the Cities of Englewood and Littleton (the “Cities”) jointly own and operate a POTW known as South Platte Renew (a.k.a., the Littleton/Englewood Wastewater Treatment Plant and/or the Bi-City Plant) that treats wastewater from the Cities and special connector districts that have contracted with one or both cities (the “Special Connector Districts”); WHEREAS, South Platte Renew land applies its wastewater treatment residual biosolids at farms owned by the Cities; WHEREAS, based on current testing, the Cities are not aware of any user in the Cities or the Special Connector Districts that currently discharges wastewater containing non-exempt amounts of TENORM to South Platte Renew; WHEREAS, South Platte Renew is not intended to treat wastewater containing TENORM in non-exempt amounts, and the Cities do not wish to accept wastewater containing TENORN in non-exempt amounts from any user in the Cities or the Special Connector Districts; WHEREAS, the Cities do not wish to land apply biosolids containing TENORM in non-exempt amounts at the farms jointly owned by the Cities; and WHEREAS, by this ordinance, and a similar ordinance adopted by the City Council of the City of Littleton, the Cities intend to prohibit the discharge or deposit of any TENORM in non-exempt amounts into South Platte Renew by any user in the Cities or the Special Connector Districts; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: In accordance with the provisions of the Englewood Municipal Code the following amendments to Title 12, Chapter 2, Wastewater Utility, are hereby approved: Section 1. Amendment of Title 12, Chapter 1, Section 1.D. Title 12, Chapter 1, Section 1.D, Definitions/Abbreviations and Acronyms, shall be amended to include the following abbreviation, which shall have the following designated meaning: TENORM Technologically Enhanced Naturally Occurring Radioactive Material(s) Section 2. Amendment of Title 12, Chapter 1, Section 1.D. Title 12, Chapter 1, Section 1.D, Definitions/Abbreviations and Acronyms, shall be amended to include the following definitions: Background Radiation: Radiation from (a) extraterrestrial sources; (b) naturally occurring radioactive material (which has not been technologically enhanced), including radon (except as a decay product of source or special nuclear material; and (c) global fallout as it exists in the environment from the testing of nuclear explosive devices or from past nuclear accidents such as Chernobyl that are not under the control of the license or registrant. Background radiation does not include sources of radiation from radioactive materials regulated by the Nuclear Regulatory Commission (NRC). Technologically Enhanced Naturally Occurring Radioactive Material(s) or TENORM: Naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. TENORM does not include: (a) Background Radiation or the natural radioactivity of rocks or soils; (b)” byproduct material” or “source material”, as defined by Colorado statue or rule; or (c) enriched or depleted uranium by Colorado or federal statute or rule. Acceptable natural background values are established the Colorado Department of Public Health and Environment. Non-Exempt Concentrations of TENORM: Materials that contain or are contaminated at concentrations in dry weight in excess of the following, excluding natural background: Isotope Picocuries/gram (pCi/g) Radium-226 5 Radium-228 5 Lead-210 5 Polonium-210 5 The radioactive progeny of the isotopes present in non-exempt concentrations are also non-exempt. Dry weight refers to the mass of a material excluding the mass of any water or moisture present within the material. For the purposes of liquid TENORM sample analysis, unfiltered (total samples which include both suspended and dissolved solids must be analyzed for activity and shall represent the total dry weight mass of the sample. Section 3. Amendment of Title 12, Chapter 2, Section 5.B.1. Title 12, Chapter 2, Section 5.B.1, General Wastewater Prohibitions and Limitations, shall be amended to include a new subsection 12-2-5.B.1.aa: aa. Non-Exempt Concentrations of TENORM. Section 4. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Additionally, E.M.C. 12-2-6 provides for further enforcement action including termination of service, injunction and equitable relief. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of January, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 21st day of January, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 20th day of January, 2021 for thirty (30) days. Read by Title and passed on final reading on the 1st day of February, 2021. Published by Title in the City’s official newspaper as Ordinance No. 6, Series of 2021, on the 4th day of February, 2021. Published by title on the City’s official website beginning on the 3rd day of February, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 6, Series of 2021. Stephanie Carlile