HomeMy WebLinkAbout2017 Ordinance No. 015ORDINANCE NO. 15
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 16
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO
WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN CHERRY
HILLS HEIGHTS WATER AND SANITATION DISTRICT AND THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the City of Englewood owns and operates a sewage system, including a
sewage treatment plant which is jointly owned and operated with the City of Littleton
known as the UE Wastewater Treatment Plant (WWTP); and
WHEREAS, the UE WWTP provides sanitary sewer service to districts outside of the
Englewood corporate boundaries through a standard connector's agreement; and
WHEREAS, the UE WWTP conducts an Industrial Pretreatment program to control
industrial/commercial wastes entering the wastewater collection and treatment system;
and
WHEREAS, the UE WWTP Industrial Pretreatment Program is designed to prevent
pass through of pollutants to the South Platte River, protect the collection and treatment
system from damage, protect the public and worker health and safety and improve
opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and
WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental
Wastewater Connector's Agreement for Districts between Cherry Hills Heights Water and
Sanitation District and Englewood by the passage of Ordinance No. 52, Series of 2009;
and
WHEREAS, The UE WWTP Industrial Pretreatment Program is subject to
Environmental Protection Agency (EPA) oversight and approval; and
WHEREAS, the EPA conducted an audit of the UE WWTP Industrial Pretreatment
Program on February 24, 2014 through February 27, 2014; and
WHEREAS, EPA identified that the current Pretreatment program administered by the
UE WWTP does not have the legal framework to fully implement the Pretreatment
Regulations in the 19 outside contributing jurisdictions in its service area because the
Intergovernmental Connector's Agreement does not provide adequate delegation of the
Pretreatment program implementation to the cities of Littleton and Englewood ; and
WHEREAS, EPA required a corrective action that the UE WWTP update the
Intergovernmental Wastewater Connector's Agreement Ordinance No. 52, Series of 2009,
to establish delegation for implementation of the Pretreatment Regulations, the passage of
this Ordinance the Addendum to Wastewater Connector's Agreement responds to EPA's
corrective action requirements by establishing delegation for implementation of the
Pretreatment Regulations within the District; and
WHEREAS, the Englewood Water and Sewer Board reviewed and recommended
approval of the Cherry Hills Heights Water and Sanitation District Addendum to
Wastewater Connector's Agreement at their March 14, 2017 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Intergovernmental Agreement between the City of Englewood and
Cherry Hills Heights Water and Sanitation District entitled "Addendum to Wastewater
Connector's Agreemenr is hereby approved; a copy is attached hereto as Exhibit A.
Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the
Intergovernmental "Addendum to Wastewater Connector's Agreement", for and on
behalf of the Englewood City Council.
Introduced, read in full, and passed on first reading on the 3rd day of April, 2017.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th
day of April, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th
day of April, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 17th day of April, 2017.
Published by Title in the City's official newspaper as Ordinance No. 15, Series 2017, on
the 20th day of April, 2017.
Published by Title on the City's official website beginning on the 19th day of April, 2017
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
ATTEST:
I, Stephanie Carlile, Acting 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. 15, Series of 2017.
/~a~ile
Exhibit A
ADDENDUM TO WASTEWATER CONN~CTOR,S AGREEMENT
For Sanitation Dismcts without Industrial Users
@. This Addendwn is made and entered into this ti-k. day of ~~ · ·
201~ be effective as of A f./-..LL l 1 1 ~0 t3t. by and between the CITY of ENGLE
COLORADO, hereinafter referred to as . ity", a municipal corporation, act g by
and through its duly elected, qualified and authorized Mayor and City Clerk, and
Cheny Hills Heights Water & Sanitation District
(Name of Sanitation District)
a quasi-municipal corporation and political subdivision of the State of
(Type or Entity)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WJTNESSETH
WHEREAS, the City and the District previously entered into a CoMector's Agreement,
("Agreement") dated ~, 4 c: 21 1-p a copy of which is attached hereto and incorporated
by reference, pursuant to which the 'City and the District agreed that the City would provide
wastewater treatment services to the District through the Littleton/Englewood Bi-City Wastewater
Treatment Plant ("Wastewater P]ant"); and
WHEREAS, the temtS and provisions of the Agreement remain in effect unless express)y
modified by this Addendum; and
WHEREAS, the United States Environmental Protection Agency {"EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of
Englewood Municipal Code, and Title 7, Chapter 5, Section 2S of the City of Littleton Municipal
Code, for any industrial users currently located or bereafter locating in the Disbict; and
WHEREAS~ the Agreement provides that in the operation of the District's sanitary sewer
system all applicable City municipal code provisions and rules and regulations of the City shall be
the minimum standards for the District's sanitary sewer system; and
WHEREAS, the City has detennined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities oftbe
District and the City with respect to the enforcement of the City's Municipal Codet rules and
regulations within the service area of the District; and
WHEREAS, the EPA defines "Industrial User., as "a source of nondomestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treabnent Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
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NOW TIIEREFORE, in consideration of the mutual promises and covenants hereinafter
containe~ the parties agree as follows:
1. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations S CCR 1002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22·8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of LittJeton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time. shall review end revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 125 l et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code.
4. ln the event that any Industrial User or Nondomestic User locates within the District, the
District agrees to abide by Subsections I and II below, and the District further agrees to
inform the City of any industria1 users or nondomestic users locating within the DistricL
J. City Responsibilities
1. The City shall be responsible for and shall accept the following duties and perfonn the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding Industrial Users end/or
Nondomestic Users. Without limiting the generality of the foregoing. the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue pennits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a pennit;
(iii) Have the right to conduct inspections, sampling. and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Noodomestic Users located within the
District boundaries;
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(vi) Perf onn any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
service area
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in this
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes.
8. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomcstic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination. In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-bours after the action is initiated.
C. The City, on behalf of the District, agrees to perfonn the following actions as set
forth in 40 CFR Part 403.B(f) and swnmarized as follows:
(i) Control through pennit, or similar means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each lndustrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self•monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402.12;
(vi} Carry out all inspection, surveillance and monitoring procedures necessary
to detennine, independent of infonnation supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreabnent Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403.12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
IOOS49SII.DOCX/ )3
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403 .14
of the Industrial Pretreatment Program standards and requirements.
D. If the District performs its own fats, oils and grease ("FOG") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS program. In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the Disttict's service
area.
E. In the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right lo charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users w:ithin the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the Disttict perfonns its own FOG
and POGS programs.
II. District Responsibilities
1. The District is responsible for~ and shall accept, the fo11owing duties and perform the
following actions for and in relotion to all cUITent and future Industrial Users and/or
Nondomestic Users within the District's service area:
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are BS broad in scope BS the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Title 12. Chapter 2, Section S, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions lo the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regu)ations that are at least as stringent as those
adopted by the City.
B. The District will maintain current infonnation on Industrial Users and/or
Nondomcstic Users located within the District's service area, and provide Industrial
Users' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreabnent
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Program for any Industrial User and/or Nondomestic Users located within the
District's service area.
C. The District shall enforce the provisions of its local sewer use regulations. In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to 1he District.
D. The District shall provide the resources end commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program. the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction, refusal to inspect. or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections.
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomesric User.
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf end/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs.
2. If any tenn of this Addendum is held to be invalid in any judicial action, the remaining
tenns will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
100549518.DOCX/ 15
CITY OF ENGLEWOOD
Mayor
Attest
Distri .
State of Colorado
County of Arapahoe
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The forgoing instrument was acknowledged before me this ~ 8 +h day of
......... -• at frt:-rApa.hce,,, . Colorado, by
My Commission expires: __ y ___ · -..... Q_fa ..... -_dQ_. __ _
(00S49518 DOCX/ )6
BRENDA J VARNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 t 20124021768
MY COMMISSION EXPIRES 04-28-202D