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HomeMy WebLinkAbout2017 Ordinance No. 017ORDINANCE NO. 17 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN COLUMBINE 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 W\/1/TP 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 Columbine Water and Sanitation District and Englewood by the passage of Ordinance No. 48, Series of 2013; 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. 48, Series of 2013, 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 Columbine 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 Columbine Water and Sanitation District entitled "Addendum to Wastewater Connector's Agreemenf' 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. 17, 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. 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. 17, Series of 2017. A.~arlile Exhibit A ADDENDUM TO CONNECTOR'S AGREEMENT For Sanitation Districts with lndustrinl Users ~ This Addendum is made and entered into this 2..: day of --P i!:-C ~ £» l;:V2__ 2016, to be effective as of January 1, 2017, by and between the CITY of ENGLEWOOD, COLORADO, hereinafter ref erred to as "City", a municipal corporation , acting by and through its duly elected, qualified and authorized Mayor and City Clcrkt and Columbine Water & Sanitation I>i§trict (Nam: ol'Senltalioll Dblllctt a quasi-municipal corporation and a political subdivision of the State of Cl)1le or Enlk)') Colorado, hereinafter called "Disbict'\ acting by and through its authorized Representative. WITNESSETH WHEREAS, the City and the District previously entered into a Connector's Agreement, ("Agreement'') dated September 16, 2013, a copy of which is attached hereto and incorponted by reference, pursuant to which the City and the District agreed that the City would provide wastewater trcabDent services to the District through lbc Littleton/Englewood Bi-City Wastewater Treatment Plant ("Wastewater Plant''); and WHEREAS, the Agreement dated September 16, 2013 contained a typographical emir and referenced lbe Columbine Valley Water and Sanitation District. the District is known as Columbine Water & Sanitation District; and WHEREAS, the tenns and provisions of the Aareement remain in effect unless expressly modified by this Addendum; and WHEREAS, the United States Environmental Protection Agency ('"EPA") has instructed the City to establish an intcr-jwisdictiooal a~cmcnt between the City and the District which provides the City with the authority to implement the '"Industrial Pretrcabncnt Program", contained in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section S, or the City or Englewood Municipal Code, and Tide 7, Chapter 5, Section 25 of lha City of Littleton Municipal Code, for any industrial users currently located or hereafter localing in the District; and WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer system all applicable City municipal code provisions and nilcs and regulations of the City shall be the minimum standards for the District's sanitary sewer system; and WHEREAS, the City bas determined that the provisions of tho 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 of the District and the City with respect to the cnfon;ement of the City's Municipal Code, rules and regulations within the set'Yite aRa of the District; and 1 WHEREAS, the EPA defines .. Industrial User' as "a source of nondomestic waste" and "any nondomcstic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines Nondomestic User as "any person or entity thal discharges wastewater from any facilily olhcr lhan a residential unit". NOW THEREFORE, in considmtion of the mutual promises and covenants hereinafter contained, the parties ogree as follows: 1. The recitals above are incorporated herein by this reference. 2. The City and District mutually agree to comply fuHy with all applicable: federal, state and local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated by the EPA, Colomdo Regulations 5 CCR 1002-63 promulgated by the Colorado Water Quality Commission pursuant to Colorado Revised Statute 22-8-S08, and Title 12. Chapter 2, Section S of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, as each is amended from time to time, and all wastewater contnl,ution requimncnts adopted by the City in accordance with the Agreement 3. The parties, from time lo time, shall review and revise this Addendum, if necessary. to ensure compliance with 42 U.S.C. § 1251 et. seq., or the Federal Clean Water Act, the federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City Municipal Code. I. City Responsibilities 1. Tho City shall be responsible for and shall acccpl the following duties and pcrfonn the following actions in relation to all current and future Industrial Users and/or Nondomeslic Users located within the Dislrict, and the District agrees to cooperate to the extent necessBJ}' for the City lo successfully carry out its responsibilities: A. The City, on behalf of and as an egcnl for the District, shaU perform technical and administrative duties necessary to assist the District with the implementation and enf orcemeol of the District's rules and regulations regarding Industrial Users and/or Nondomestic Users. Without limiting the generality of the forcgoin&, the City agrees that it shall: {i) Update the Cityts industrial waste survey; (ii) Issue permits to all Industrial Users and/or Nondomcstic Users within the District required lo obtain a permit; {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 consisteot with this Addendum; (v) Provide notice lo the District of enforcement actions taken by the City against any lndustrial User and/or Nondomestic Users located within the District boundaries; (vi) Perfonn any other technical or administrative duties lhe parties deem appropriate; 2 (vii) Upon reasonoblc nolice to the City, provide the District access 10 all records or documents relevant to the Industrial Pretreatment Program for ony lndt1Strial User and/or Nondomestic Users localed within the District's service area. (viii) The City will make a reasonable effort 10 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. B. In addition, the City may, as appropriate, and es an a1ent of the District, lake emergency action to stop or preveot lhc discharse fn>m Industrial Users or Nondomestic Users of any wastewater which presents or may present an imminent danger to the health, safety and welfare of humans or which reasonably appean; to threaten the environment, or which threatens to cause interference with, or pass thrcugh the Wastewater Pinnt, or cause sludge contamination. In the event the City deems such emergency action appropriate it shall provide the District with notice thereofin advance, if possible, but no later lhan24-hours after the action is initiated. C. The City, on behalf of the District, agrees to perform the following actions as sel forth in 40 CFR Part403.8(f) and summarized as follows: (i) Contrnl through permit, or similar means, the contribution to the City by Industrial Users and/or Nondomestic Usc,s; (ii) Reqwre compliance with applicable lndustrial Prelrealment Program standards and requirements by ladustrial Users and/or Nondomcstic Uscn; (iii} Deny or condition new or increased contributions of pollutants or changes in the nature of pollutants by InduBtrial Users and/or Nondomcstic Usen; (iv) Require the development of compliance schedules by each Industrial Users and/or Nondomestic Usera for lhc iaslallation 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 Nondomeslic Users as are necessary lo assess and assure compliance by Industrial Users and/or Nondomestic User!! with Industrial Pretreatment Program standards and requirements, including, but not limited lo, the reports required in 40 CFR 402.12; (vi) Cany out all inspection, surveillance and monitoring procedures necessary to detcnnin~ independent of information supplied by lndusbial Users and/or Nondomestic Users, compliance or noncompliance with applicable lodustriaJ Pretreatment Program standards and requirements by Industrial Usen; (vii) Enter premises of any lnduslrial User and/or Nondomestic User in which a clisctwge sowce or treatment system is located, or io which m:onb an: required to be kept purstw1t to 40 CFR 403.12(0)1 to assure compliance wilh Industrial Pretreatment Program standards and requirements; (viii) Evaluate compliance with the Industrial Pretreatment Program standards and requirements and obtain remedies, including the ability to seek 3 injunctive relief and asses, civil or criminal penalties for each violation; (ix) Confonn to confidentiality requirements set fonh in4D CFR Part40l.14 of the Industrial Pretreatment Program slandardsand requirements. D. If the Dislrict pcrfonns its own fats, oils and grease (,.FOO") proaram or petroleum, oil, grease and sand ("POGS") program il shall notify the City in the event that the Districl discontinues its FOG or POGS program. In which case, the City shaJI then administer the FOO and POGS program in addition lo adminisb'aling the remaininB sector control programs on behalf of ond as agent for the Oi,trict The City shall have the right to charge a reasonable inspection fee lo the District for any inspection related to lndustrial Users and/or Nondomcstic Users within the District's service area. E. 1n the event that the District docs not pcrfonn FOO or POOS programs the parties agree that the City shall perform and be responsible for the administration of these prognuns, as well as the remaining Sector Control Programs. The City shall have the right to charge a reusonable inspection fee to District for any inspection related to Industrial Users or Nondomestic Users within lhe DislricL F. The City shall be responsible for administrating lhe remaining sector control programs in the District notwithstanding that the District performs its own FOG and POOS programs. 11. District Responsibilities 1. The District is responsible for. and shall accept, the following duties and perfonn lhe following actions for and in relation to all cwrent and future Industrial Users and/or Nondomcslic Users within the District's service area: A. No later lban June 30. 2017, the District &ball adopt enforceable local sewer use rules and/or regulations which are no less stringent and arc as broad in scope as the Industrial Pretreatment Program section of the Wastewater Utility Ordinance fowid in Title 12, Chapter 2, Section S, of the City of Englewood Municipal Code or found in Title 7, Chapter S, Section 25 of the City of Littleton Municipal Code. The City will provide to the District model regulations and any necessary revisions to the rule Bnd/or regulations from time to time, and the District will adopt the revisions to its local sewer use rules and/or rcgulations that are al lcnst as stringent as those adopted by the City. B. The District will maintain current infonnation on industrial Users Bnd/or Nondomestic Users located within the District's service area, and provide Industrial Users' infonnation to the City upon rcquesL The District agrees to provide to the City access lo all records or documents relevant to the Jndustrial Pretreabncnt Program for any Industrial User and/or Nondomestic Users located within the District's service area. 4 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 Nondomcstic Users in the District on a timely basis, the District agrees that the City may take such action on bchulf of 8l1d 15 an agent for the District, provided that the City provides notice of such action to the DistricL D. The Disbict shall provide the resources and commit to implementation and enforcement of the Industrial Pretreatment Prognun standards and requirements for the Industrial Users and/or Nondomcstic Users in the District with the City's oversight of lhe program. ln the cvenl the Dislrict fails to provide resources, adequately implement or enforce the Industrial Pretreabnent Program, the District asrees lhal 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 Districl E. The District agrees that in the event lhal the City is required to take responsibility for inspections of Indusbial Users and/or Nondomestic Users on behalf of lhe District, due to inaction. refusal lo inspect, or lack of peBDnnel to inspec~ by the District, the City may charge the District for the costs of any such inspections. F. The District agn:es 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 Nondomestic User, court of law, or otherwise, the District will take action to CJ:Jsun: the implementation and cnforcemenL of its local sewer use regulations against any lnduslrial Users and Nondomcstic Users. within the District's service area, including but not limited to, implementing and enforcing its local sewer regulations on its owa behalf and/or amending this Addendum Lo clarify the City's authority. G. The District IS responsible for administering the FOG and POOS programs, including conducting all inspections required by these programs. If any term of this Addendum is held to be invalid in any judicial action, the remajning terms will be unaffoctcd REMAINDER OF PAGE INTENTIONALLY BLANK 5 ClTY OF ENGLEWOOD Mayor AUest Sanitation District, ~ :SC+il(..'-.Rl., Cl-\A1~,-.J District Official State of Colorado ) G )JJh. )ss. County of ro.p~~ . ) ~cnl was acknowledged bofore me lmS ,9.r,d day of ~ ,20 lb .a1 ZllJ)v;;&./le.tJ{uu eo10111do,by l-4.. S=~'tl.er WilneSS my hand and olTJcial&eal. / . My Commission expires: &:>/ J Cf 11 f , DONETTE B. HUNTER NOTARY PUBLIC STATE OF COLORADO NOTARY lD 20134038731 ti( CQMM1SS10N E)(PIRES JUNE 19. 2017 6