HomeMy WebLinkAbout2019 Ordinance No. 031ORDINANCE NO. 31
SERIES OF 2019
BY AUTHORITY
COUNCIL BILL NO. 14
INTRODUCED BY COUNCIL
MEMBER MARTINEZ
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION S(B) OF
THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOCIATION WITH
WASTEWATER DISCHARGE LIMITATIONS.
WHEREAS, the Cities of Littleton and Englewood jointly own South Platte Water Renewal
Paiiners, a wastewater treatment plant located in Englewood, providing waste water disposal
service to both cities and several sewer districts;
WHEREAS, State and Federal wastewater permitting regulations require that publicly owned
treatment works must provide a written technical evaluation of the need to revise local limits
following NPDES permit issuance or reissuance of such pennit;
WHEREAS, In compliance with the NPDES pennitting requirements SPWRP submitted a
proposed Sampling Plan for EPA review on October 4, 2016 , containing an outline of current
sampling practices conducted by SPWRP and identified additional monitoring of pollutant loading
to determine potential Pollutants of Concern , and the EPA approved the Sampling Plan on
December 13, 2016 ;
WHEREAS, In compliance with the NPDES permitting requirements SPWRP submitted a
proposed Pollutants of Concern (POCs) report for EPA Review on January 5, 2018, providing
information pertaining to the screening and evaluation of pollutants and proposed final
determination of POCs to be included in the Local Limits evaluation, and the EPA reviewed and
agreed with the Pollutants of Concern Evaluation on February 5, 2018; and
WHEREAS, To remain in compliance with the NPDES permitting requirements, to preserve
the quality of the South Platte River, to maintain the plant at the highest performance levels , to
protect the plant's operating staff, and to protect the overall environment of the South Platte River
basin the City will adopt new local limit standards for industrial pretreatment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. Amendment of Title 12, Chapter 2, Section 5. Title 12, Chapter 2, Section
5(B) of the Englewood Municipal Code shall be amended as follows:
12-2-5(B): Industrial Pretreatment Program.
B. General Wastewater Prohibitions and Limitations:
1. General and Specific Prohibitions . A User may not introduce into a POTW any pollutant(s)
which cause pass-through or interference. These general prohibitions and the specific
prohibitions of this Section apply to each User introducing pollutants into a POTW whether
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or not the User is subject to other Pretreatment Standards or Requirements. It shall be
unlawful for any User to discharge or deposit or cause or allow to be discharged or
deposited into the wastewater treatment system of the City an y wastewater which contains
the following:
a. Any "hazardous waste" as defined in 40 CFR Part 261 , unless specifically authori z ed
by the POTW.
b. Any liquids , solids , or gases which by reason of their nature or quantity are , or may
be , sufficient either alone or by interaction with other substances to cause fire or
explosion or be injurious in an y other way to the POTW or to the operation of the
POTW. At no time shall two (2) successive readings on an y explosion hazard meter,
at the point of discharge into the system (or at any point in the system), be more than
five percent ( 5%) nor any single reading over ten percent (10%) of the Lower
Explosive Limit (LEL) of the meter. Fire or explosion hazard may also be determined
using flash point concentration, by closed cup method as specified in 40 CFR Pait
261.21. The flashpoint shall not be less than sixty degrees ( 60 °) Centigrade or one
hundred fo11y degrees (140 °) Fahrenheit.
c . Solid or viscous substances which may cause obstruction to the flow in a sewer or
other interference with the POTW.
d. Any wastewater hav ing a pH less than 5.0 unless the POTW is specifically design ed
to accommodate such wastewater, or wastewater having any other corrosive property
capable of causing damage or hazard to structures , equipment and/or personnel of the
POTW.
e. Any wastewater containing toxic pollutants in sufficient quantity , either singl y or by
interaction with other pollutants , to cause pass-through or interference.
f. Any noxious or malodorous liquids , gases , or solids which either singly or by
interaction with other wastes is sufficient to prevent entry into the sewers for their
maintenance and repair.
g. Any substance which may cause the POTW's effluent or any other product of the
POTW, such as residues , sludges , or s cums , to be unsuitable for reclamation and
reuse or to interfere with the reclamation process where the POTW is pursuing a reuse
and reclamation program. In no case shall a substance discharged to the POTW cause
the POTW to be in non-compliance with the sludge use or disposal criteria,
guidelines , or regulations affecting sludge use or disposal.
h. Any substance which will cause the POTW to violate its CDPS permit or the recei v ing
water quality standards.
1. Any wastewater with objectionable color not removable in the treatment process , such
as , but not limited to , dye wastes and vegetable tanning solutions .
J. Any pollutants , including oxygen-demanding pollutants (BOD , etc.) which will cause
pass-through or interference.
k . Radioactive wastes or isotopes of such a half-life or concentration that they do not
meet limits established by the City or other regulations set forth by the Colorado
Depa1tment of Public Health and Environn1ent , State of Colorado , in the latest edition
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of Rules and Regulations Pe1iaining to Radiological Control and any applicable
Federal regulations that may apply.
1. Any wastewater having a temperature which will cause the temperature of the influent
to the wastewater treatment plant to exceed one hundred four degrees (104 °)
Fahrenheit or forty degrees ( 40 °) Celsius and/or inhibit the biological activity in the
POTW.
m . Any water or waste which contains grease or oil or any other substances that will
solidify or become discernibly viscous at temperatures between thirty-two degrees
(32°) Fahrenheit (0 ° Celsius) and one hundred fifty degrees (150 °) Fahrenheit (65.5°
Celsius).
n. Any water or waste containing free or floating oil and grease , or any discharge
containing animal fat or grease by-product in excess of two hundred (200) mg/L.
o. Petroleum oil , non-biodegradable cutting oil or products of mineral oil origin in
amounts that will cause interference or pass-through.
p. Trucked or hauled wastes or wastewater, except at locations authorized by the City
that meets all Standards and Requirements established by the City.
q. Waters containing solids that have not been ground or comminuted to such a degree
that all patiicles will be canied freely in suspension under conditions normally
prevailing in public sewers. Solid particles shall be no more than one-half inch(½")
in any dimension .
r. Ammonia, nitrogen or substances readily converted thereto , in amounts that would
cause or contribute to pass-through or interference .
s. Pollutants which result in the presence of toxic gases , vapors or fumes within the
POTW in a quantity that may cause acute worker health and safety problems.
t. Stormwater drainage from ground , surface , roof drains , catch basins , unroofed area
drains (e .g., commercial car washing facilities) or any other source unless otherwise
approved by the City. Specifically prohibited is the connection of roof downspouts,
exterior foundation drains , areaway drains , or other sources of surface runoff or
ground water to a building sewer or building drain which in turn is connected directly
or indirectly to the City's wastewater collection system. No person shall connect or
discharge water from underground drains , sump pump discharges , natural springs and
seeps , water accumulated in excavation or grading or any other water associated with
construction activities.
u. Any substance directly into a manhole or other opening in the POTW unless
specifically authorized by the City or as otherwise permitted under this Chapter.
v. Liquid wastes from chemical toilets , and trailers , campers or other recreational
vehicles which have been collected and/or held in tanks or other containers shall not
be discharged into the POTW except at locations authorized by the City to collect
such wastes.
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w. Wastes where such wastes have been collected and/or held in a tank or other container
and where such wastes fail to comply with any applicable limitation set out in this
Chapter.
x. Any water or wastewater from alkaline hydrolysis or other chemical decomposition
processes of human or animal tissues , remains or bodies without prior written
approval from the City.
y. Medical Wastes in amounts or concentrations that will cause a violation of any one
(1) of the objectives included in Subsection 12-2-S(A)(l).
z. Any water or wastewater associated with hydraulic fracturing (fracking) and drilling
activities , without prior written approval from the City.
2. Wast ewater Discharge Limitations. The City is authorized to establish Local Limits
pursuant 40 CFR Part 403.S(c). It shall be unlawful for any User to discharge , deposit,
cause , or allow to be discharged any waste or wastewater which fails to comply with the
limitations imposed by this Section.
a. Dilution is prohibited as a substitute for treatment and shall be a violation of this
Chapter. Except where expressly authorized to do so by an applicable Pretreatment
Standard or Requirement , no Industrial User shall ever increase the use of process
water , or in any other way attempt to dilute a Discharge as a partial or complete
substitute for adequate treatment to achieve compliance with a Pretreatment Standard
or Requirement. The City may impose mass limitations on Industrial Users which are
using dilution to meet applicable Pretreatment Standards or Requirements or in other
cases where the imposition of mass limitations is appropriate.
b. No Significant Industrial User shall discharge or cause to be discharged wastewater
that exceeds the following Local Limits as specified in the Industrial Wastewater
Permit using the methods and procedures prescribed in Subsection 12-2-S(G).
Pollutant(]) Daily Maximum Limit (mg/L)
Arsenic (As) 0-:-»-. 0 14
Cadmium (Cd) ~0.22
Chromium-Total (Cr) 2--cOO-5 . 3 7
Chromium(VI) (Cr VI) ~1.97
Copper (Cu) ~3.42
C:i::anide (CN) 0.3 I
Lead (Pb) M-1--2.90
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Mercury (Hg) ~0.001
Molybdenum (Mo) ~5.69
Nickel (Ni) 2--:-66-3 .7 6
Selenium (Se) ~0.24
Silver (Ag) ~0.68 --
Zinc (Zn) ~34.35
Benzene ~ ~0.14
BTEX (2 l(3 l ~0.750
(I) All pollut ant s ar e to be an alyze d as total.
(2) Th ese pollutant s and limit s ge nerall y appl y to was tewa ters fr om the clea nup of petrol eum or gaso lin e und erground storage tanks . In
addition , the pollutant s ma y be required of oth er use rs or includ ed in permit s where samplin g and anal ys is indi ca te that th e wa stewa ter
co ntain s co nce nt ra ti ons o f th ese pollutant s in ex cess of th e stated lim its.
(3) Thi s is th e sum of measur ed co nce nt ra ti ons for Benze ne, To lu ene, Eth ylb enze ne, and Xy lene.
c . All Users subject to a Categorical Pretreatment Standard shall comply with all
requirements of such standard, and shall also comply with any limitations contained
in this Chapter. Where the same pollutant is limited by more than one (1)
Pretreatment Standard, the limitations which are more stringent shall prevail.
Compliance with Categorical Pretreatment Standards shall be the timeframe specified
in the applicable Categorical Pretreatment Standard.
d. The City may establish more stringent pollutant limits , additional site-specific
pollutant limits or additional Pretreatment Requirements when, in the judgment of
the City, such limitations are necessary to implement the provisions of this Chapter.
Section 2. Notice of general prov1s10ns 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 I , Chapter 2 , Saving
C lause apply to interpretation and app li cation of this Ordinance, unless otherwise set fo1th above , inc lud ing ,
but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions , effect
ofrepeal or modification , and legislation not affected by repeal.
Enforcement. E.M.C. Title I , Chapter 4 , "General Penalty" provisions mandate that ex cept a s oth e rw ise
provided within spec ific Titles, C hapters , or Sections of the E nglewo o d Municipal Code, the viol ation of
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any provisions of the Code, or of any secondary code adopted therein, shall be puni s hed by a fine not
exceeding two thousand six hundred and fifty dollars ($2,650.00) or impri so nment for a term not
exceeding three hundred sixty (360) days or by both such fine and imprisonment.
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 fmiher 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 15th day of April, 2019.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18 th day of
April, 2019.
Published as a Bill for an Ordinance on the City's official website beginning on the 17 th day
of April, 2019
Read by Title and passed on final reading on the l 5th day of July , 2019.
Published by Title in the City's official newspaper as Ordinance No . 31, Series of 2019, on the l 8th
day of July, 2019.
Published by title on the City's official website beginning on the 17 th day of July , 2019 for thi1ty (30)
days .
This Ordinance shall take effect thi1ty (30) days after publication following final passage .
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Linda Olson , Mayor
ATTEST:
I , Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby ce11ify that the above and
foregoing is a true copy of the Ordinance passed on final reading and pub · ed by Title as Ordinance No.
31, Series of 2019.
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