HomeMy WebLinkAbout2017 Ordinance No. 019ORDINANCE NO. 19
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 20
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO
WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN THE
CITY OF SHERIDAN 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 the City of Sheridan and
Englewood by the passage of Ordinance No. 52, 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. 52, 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 City of Sheridan 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
the City of Sheridan entitled "Addendum to Wastewater Connector's Agreement' 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. 19, 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 ublication following final
passage.
ATTEST:
s
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 T itle as Ordinance No. 19, Series 017.
Exhibit A
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For Owners with Industrial Users
This Addendum is made and entered into this :)..2, 1"-day of _M.._ltll __ t._1-\ ____ _
2016, to be effective as of :d,(>.f.1 L-tJ , )...,:> t J,, , 2016, by and between the CITY
of ENGLEWOOD, COLORADO, hereinafter referred to as "City", a municipal corporation,
acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and
the City of Sheridan
(Nome: ofOwncrl
0.... Mu..~; t:.: r"~ ~ o,J" p i;;.rm·~ of the State of
(T)~C: orI:nllly}
Colorado, hereinafter called "Sheridan", acting by and through its authorized Representative.
WITNESS ETH
WHEREAS, the City and Sheridan previously entered into a Wastewater Connector's
Agreement, ("Agreement") dated O c,fo 'u<?..v" 1-l '-·:>-o t } . , a copy of which is attached
hereto and incorporated by reference, to which the City and Sheridan agreed that the City would
provide wastewater treatment services to Sheridan through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant"), and
WHEREAS, the terms and provisions of the original Agreement remain in effect unless
expressly modified by lhis Addendum; and
WHEREAS, the United States Environmental Protection Agency (''EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and Sheridan, 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 J 2, Chapter 2, Section 5, of the City of
Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in Sheridan; and
WHEREAS, the Agreement provides that the City's municipal code, ordinances, rules and
regulations shall be applicable to Sheridan; and
WHEREAS, Sheridan and the City have determined that the provisions of the Agreement
provides 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
Sheridan and the City with respect to the enforcement of the City's standards, rules and regulations
within the service area of Sheridan; and
WHEREAS, the EPA defines Industrial User as "a source ofnondomestic waste" and "any
nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines
"nondomesdc user" as ''Any person or entity that discharges wastewater from any facility other
than a residential unit".
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
1. The City and Sheridan mutually agree lo 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 5 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 Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
2. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act and
under the federal rules and regulations found at 40 CFR Part 403 issued thereunder and the
City Municipal Code, as necessary, but at least every five (5) years on a date to be
determined by the parties.
I. City Responsibilities
1. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future industrial users and/or nondomestic
users located within Sheridan and Sheridan 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 Sheridan, shall perform
technical and administrative duties necessary to assist Sheridan with the
implementation and enforcement of Sheridan 1 s rules and regulations regarding
the use of Sheridan's sewer system. Without limiting the generality of the
foregoing, the City agrees that it shall:
(i) Update the City's industrial waste suivey;
(ii) Issue permits to all industrial users within Sheridan required to obtain
a penn it;
(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 Sheridan of enforcement actions taken by the City
against any Industrial User located within Sheridan's boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide Sheridan access to all
records or documents relevant to the Pretreatment Program for any
Industrial User located within Sheridan's boundaries or jurisdiction.
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B. In addition, the City may. as appropriate, and as an agent of Sheridan, take
emergency action to stop or prevent the discharge from 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 appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination.
C. The City on behalf of Sheridan agrees to perform the following actions as set
forth in 40 CFR Part 403.B(f) and summarized as follows:
(i) Control through pennit, or similar means, the contribution to the City by
industrial users;
(ii) Require compliance with applicable Pretreatment Standards and
Requirements by industrial users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by industrial users;
(iv} Require the development of compliance schedules by each industrial user
for the installation of technology required to meet applicable Pretreatment
Standards and Requirements;
(v) Require the submission of all notices and self-monitoring reports from
industrial users as are necessary to assess and assure compliance by
industrial users with Pretreatment 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 determine, independent of information supplied by industrial users,
compliance or noncompliance with applicable Pretreatment Standards and
Requirements by industrial users;
(vii) Have authorization to enter premises of any industrial user in which a
discharge source or treatment system is located on which records are
required to be kept pursuant to 40 CFR 403 .12( o) to assure compliance
with Pretreatment Standards;
(viii) Evaluate compliance with the Pretreatment 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 Pretreatment Regulations.
D. If Sheridan 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
Sheridan discontinues its FOG or POGS, program. 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 Sheridan. The City shall have the
right to charge a reasonable inspection fee to Sheridan for any inspection related to
industrial users within Sheridan.
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E. In the event that Sheridan does not perfonn 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 to charge a reasonable inspection fee to Sheridan for any inspection related
to industrial users or nondomeslic users within Sheridan.
F. The City shall be responsible for administrating the remaining Sector Control
Programs, in those cities and Districts that perform their own FOG and POGS
programs.
II. Sheridan Responsibilities
1. Sheridan is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users within
Sheridan:
A. No later than December 31. 2016, Sheridan shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program Section of the Wastewater Utility Ordinance found
in Title 12, Chapter 2, Section 5, 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 Sheridan necessary revisions to the regulations from time to time,
and Sheridan will adopt the revisions to its sewer use rules and/or regulations that
are at least as stringent as those adopted by the City.
B. Sheridan will maintain current information on industrial users located within its
jurisdiction and provide industrial users' information to the City upon request.
Sheridan agrees to provide to the City access to all records or documents relevant
to the pretreatment program for any industrial user located within Sheridan's
service area.
C. Sheridan shall enforce the provisions of its sewer use regulations. In the event
Sheridan fails to take adequate enforcement action against noncompliant industrial
users in Sheridan on a timely basis, Sheridan agrees that the City may take such
action on behalf of and as an agent for Sheridan and provide notice of such action
to Sheridan.
D. Sheridan shall provide the resources and commit to implementation and
enforcement of the Pretreatment regulations for the industrial users in Sheridan with
the City's oversight of the program . Sheridnn agrees that the City may seek remedy
against Sheridan for violating the terms of this Addendum.
E. Sheridan agrees that in the event that the City is required to take responsibility for
inspections of industrial users on behalf of Sheridan, due to inaction, refusal to
inspect, or lack of personnel to inspect, by Sheridan, the City may charge Sheridan
for the costs of any inspections.
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F. Sheridan agrees that if the authority of the City to act as agent for Sheridan under
this Addendum is questioned by an industrial user, court of law, or otherwise,
Sheridan will take whatever action is necessary to ensure the implementation and
enforcement of its sewer use regulations against any industrial users and
nondomestic users, within Sheridan's service area, including but not limited to,
implementing and enforcing its sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. Sheridan's responsibilities regarding the FOG and POGS Program. Sheridan IS
NOT responsible for the administration or inspections associated with any sector
control programs.
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
CITY OF ENGLEWOOD
Mayor
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Sheridan ffi
State of Colorado
County of Ut. d Aa/1 t. ,,
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The forgoing instrument was acknowledged before me this
Yr}aMJ I , 20 /fu , at xf/.uv1u,1
Yna-yUI A Uu n<4 ~
Witness my hand and official seal.
ARLENE FSAOEE
NOTARY PUBLIC
STATEOFCOLORADO
NOTARY ID 19874176048
MY COMMISSION EXPIRES APRIL 07, 2020
6
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