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HomeMy WebLinkAbout2017 Ordinance No. 023ORDINANCE NO. 23 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN SOUTH ENGLEWOOD 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 South Englewood Sanitation District and Englewood by the passage of Ordinance No. 83, Series of 2003; 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. 83, Series of 2003, 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 South Englewood 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 South Englewood 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. 23, 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. 23, Series of 2017. /«arlile Exhibit A ADDENDUM TO CONNECTOR'S AGREEMENT For S11nitation Districts with Industrial Users 1 This Addendum is made and entered into this 2, rv,\ day of V::L;\-IL:-,.t: 201/,'10 be effective as of A f' r-.1 L-l J, "l-o/~ by and between the CITY of ENGLEWOOD, COLORADO, hereinafter referred to as ,; ity", a municipal corporation. acting by and through its duly elected, qualified nnd authorized Mayor and City Clerk, and South Englewood Sanitation District (Name uf Sonila1ion Distntl) G\. t I,.(,<:, -M~"'-; L: rw J.. r p <&" ... .,ii -___ of the State of CT}·pc: 11 . .nhly) Colorado, hereinafter called "District". acting by and through its authorized Representative. WITNESS ETH WHEREAS, the City and the District previously entered into a Connector's Agreement, ("Agreement") dated ~'-, ... -vi-I • '2-.o o > , a copy of which is attached hereto and incorporated by reference, pursuant lo 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 Plant"); and WHEREAS, the tenns and provisions of the Agreement 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 inter-jurisdictional abl'feement 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 25 of the City of Littleton Municipal Code, for any industrial users currently located or hereafter locating in the District; and WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer system nil applicable City municipal code provisions and rules and regulations of the City shal1 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 of the District and the City with respect to the enforcement of the City's Municipal Code, 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 Treatment Works". EPA defines Nondomestic 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 recitals above are incorporated herein by this reference . ., 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 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 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 nil wastewater contribution requirements adopted by the City in accordance with the Agreement. 3. The parties. from time to time, shall review and revise this Addendum, if necessary. to ensure compliance with 42 U.S.C. § 1251 ct 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. I. City Responsibilities I. The City shall be responsible for and shall accept the following duties and perform the following actions in relation to nil current and future Industrial Users and/or Nondomestic Users located within the Oislrict, 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 perf onn technical and administrative duties necessary to assist the District with the implementation and enforcement of the District's rules and regulations regarding Industrial Users and/or Nondomcstic Users. Without limiting the generality of the foregoing, the City agrees that it shall: (i) Update the City's industrial waste survey; (ii) Issue permits to all Industrial Users and/or Nondomestic Users within the District required to 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 consistent with this Addendum; (v} Provide notice to the District of enforcement actions taken by the City against any Industrial User and/or Nondomestic Users located within the District boundnries; (vi) Perfonn 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 2 service area. (viii) The City will make a reasonable effort lo notify the District in advance of any public hearing to change municipal code provisions referenced in this Addendum. and mnkc a reasonable effort to provide an opportunity for the District to comment on proposed changes. 8. ln 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 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. [n the event the City deems such emergency action appropriate it shall provide the District with notice thereofin advance, if possible, but no later than 24-hours after the action is initiated. C. The City, on behalf of the District, agrees to perform the following actions as set forth in 40 CFR Part 403.S(f) and summarized as follows: (i) Control through permit. 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 lndustrial 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 Industrial Users and/or Nondomeslic 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 Nondomeslic 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 determine. independent of information supplied by Industrial Users and/or Nondomestic Users, compliance or noncompliance with applicable Industrial Pretreatment Program standards and requirements by Industrial Users; (vii) Enter premises of any lndustrial 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; (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 Pnrt 403 .14 of the Industrial Pretreatment Program standards and requirements. 3 r D. If the District perfonns 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. ln which cnse, the City shall then administer the FOG and POGS progrnm in addition to administrating the remaining sector control programs on behalf of and as agent for the District. The City shaJI 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 District's service area. E. In the event that the District does not perform FOG or POGS programs the parties agree thnt the City shall perfonn 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 District for any inspection related to Industrial Users or Nondomestic Users within the District. F. The City shall be responsible for administrating the remaining sector control programs in the District notwithstanding that the District perfonns its own FOG and POGS programs. 11. District Responsibilities 1. The District is responsible for, and shall accept, the following duties and perfonn the following actions for and in relation to all current and future Industrial Users and/or Nondomestic Users within the District's service area: A. No Inter than June 30, 2017, the District 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 the District model regulations and any necessary revisions to the rule and/or regulations from time to time, and the Dislrict will adopt the revisions to its local sewer use rules and/or regulations that arc at least as stringent as those adopted by the City. B. The District will maintain current infonnation on Industrial Users and/or Nondomestic Users located within the District's service area, and provide lndustrinl Users' infonnation to the City upon request. The District agrees to provide to the City 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. C. The District shall enforce the provisions of its local sewer use regulations. In the event the District fails to tnke adequate enforcement action against noncompliant Industrial Users and/or Nondomestic Users in the District on a timely basis, the 4 District agrees that the City may take such action on behalf of and as an agent for the District, provided thnt the City provides notice of such action to the District. D. The District shall provide the resources and commit lo implementation and enforcement of the Industrial Pretreatment Program standards and requirements for the Industrinl Users nnd/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 oction to the District. E. The District agrees that in the event that the City is required to talce responsibility for inspections of Industrial Users and/or Nondomestic Users on behalf of the District, due to innction, refusal to inspec~ 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 Nondomestic User, court of law, or otherwise, the District will take action to ensure the implemenlation and enforcement of its local sewer use regulations againsl 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 and/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 oil inspections required by these progrwns. 2. If any term of this Addendum is held lo be invalid in any judicial action, the remaining terms will be unaffected. REMAINDER OF PAGE INTENTIONALLY BLANK 5 .... CITY OF ENGLEWOOD Mayor Attest SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 Sanitation District Distri~ fficial John Anderson, Jr., ChJJ,fman and Preeident of Board of Directors State of Colorado ) ) ss. County of Arapahoe ) The forgoing instrument was acknowledged before me this 2nd day of 20 17 _________ _, March at CenteMial , Colorado, by John Anderson, Jr., Chaintan and President of the Board of Directors of south Englewood sanitation District No. 1 Witness my hand and official seal. My Commission expires: _oc;.,c.;..t ..... o;.;;b_e ... r ....... 6.:.• ...... 20 ... 1 ... 9;._ ______ _ DEBORAH A EVANS NOTARY PUBLIC STATE OF COLORADO NOTAR\' ID 19914013355 MV COMMISSION EXPIRES OCTOBER 6, 2019 Notary Public 6 CONNECTOR'S AGREEMENT Sawer contra.ct No. ___ _ '?EIS AGREEIGNT, :u.ci• and ent:m:ed inta this 1 at day af ··· 4 ~ Oft"'&, x'k!U~ by and bat,reen the ctfY ot G 0, co , a 11Uiilclpal corporation, hereina'fter r~err•d to as •city," acting J>y and. through its duly elected, qualified and authorized HayoJ:" and City Clerk, and. soun INCLDOOD ~TAflMJDJC1? NO. 1 a quaai-mmia'1al corporation o th~• o:r coloiada, hanlna tar callad. Uclstrict, " acting by and th:ougb. it:• duly aut:hc~izad Board of Directors;. WI'?NESSE'!H llHEREAS, t:ha City owns and apara.tu a sewaga system, inclw:ling a savage tz:eat:unt plant Vhich is jointly awned and ap.rated with tha City o't Littleton, so situated physic:&lly u = ba able to recaiva and 1:aat tha savage gathered by the Districtr and WHEREAS, it is th• desire of 1:he District ta u1:.iliz• tbe !aciliti•• owned by the City for the traat:aent of sawaga and th• Ciq-is willing to auva the District for traatmen1: of sewage undar certain conditiou; BOW, 'l!l!ERB!'OBE, IN CONSID!RA'?IOH of the p:rami••· aand tor ot!lar goccl and valuable con.sidai:ation b.araina!ter set rorth, it is mutually ag:-eed by the parties as follows: l. The City haraby ag:aas wider th• conclitians herainattar set 'far-~ to t::-aat t?i• sewage originating :::ca Dist:-iet 's _. sar.i -;uy sawer systsm wi ~in tha area 5£"'/ed by tlla District a.s approved by t!l• city, as ind.!catad in ~• clascripticns a~~chad h&%"eto ~ked Z=ib!t A. Disc-!.~ spec!~ica:ly a;,;aes to pra,.rer.~ sawac;e :from a.ny area, c~i.c than tha:~ c!es~!!:l•d ha:ein, t~ l:JeL~g cilschargad inta O~s~=i=~•s sani~=-1 s•wi• syste: ccn.--:ec~ec. tQ Ci~y•s t:-.mk !..!..-:a a.::d to pr~,,e=.-: c:onru1c:-:.ions ~=> ~e s~:rs-:c f!"cm or ir. any a.=a& 0-:e= t!'la..--: =~se c!esc:i=ed he:-e!..~. ** Sae Foa~,ote on last pa;a. 2. In the operation of District's •anit:ary ••war ■yat:am, District aqr••• that all applicable Cod• proviaiona and rulu and regulations ot City, including amendaents thereto during the tarm oft.ha contract, shall be the minimllll standau:ds for District's systeD. District further agr••• to a.bide by all applicable state and federal laws, rulas, regulations, or permits, including those ot the Enviranaantal Pratactian Ag•ncy (th• EPA) as 1:hey bec01la •ffectiva or impl-anted or upon notic• from the City. District shall info:na all. users, contractors and subcontrgctors o~ sucb atandazds, rule• and regulations upon inquiry fr011 such persons, and shall not fUrnish any information in=nai•tent therewith. In this regard, it shall ba tha rasponsibilii:y of t:he District to obbin troa the appropriate gcvaming body the applicable raqui:z:emants. The City shall attempt to maintain and provide all raquiraents to the District; haw•var, City doas not guarant•• the acc:uracy or complatenes• of qovernaent ra;ulationa at.her than the city's own ragulations. 3. 'l'ha City• s permitting raquiruents shall be followed by the District and its uaara. All plans, apacificat.iona and methads of work within the District shall be subllli..tted to th• City in writing and appravllcl by City prior to any conat%uctian or tap in the Di.trict•s approved area. No pen.it aball l:,a final anc:1 no seJ:Vic• shall ae providad. to property until construction ia approved in writing by city. 4. District •ball, at all time■, properly 11.aintain its sawer •Y•tam and •hall rectify any probla• or conditions which have been date,ained by Disuict or city to ba deuilumta1 to City•s treatment process. Should the city datermine 1:hat any discbarc;• antars 'Che sewer syst• contrary to governing laws, ordinancas, statutu, rules, rfl9U].ation• or permits, Di■trict: agrees to proceed at anca to take whatever lawfUl means aay ba necusary to rectifY any •uc:h problem or condition. 5. city shall have the right to allocat• ••nice under this contract, and City uy dany additional ■arvic• far any utility-related reason, but in no evant will City terminate uy service wi1:hout cause. City shall have th• righ~ t.o disconnect sar:vic• to any ar•a annexed by District wben such annexation takes place withcut prior writ.tan city approval. District shall provide City within one year of this agrauaant., an astimata of tha number ot aquivalant service taps needed for the naxt five (5) y ■ars under current zoning and planned b~ildout in District's area. Dist~ict shall manitgr zoninq changes within its area ta estimate it• tap requirements and provide City wit.~ notice cf tap requir&11ants for tb• naxt five year periad of time in a for.D satisfactory to the City, Notic:a of these requirements shall be given Citj on eac~ anniversary date of 1:hls aq:1ement, 6. City may impose and collect reasonable fees, tolls and charges, which shall~• uni.farm as 1:o all outside-city users -2 - , ' . tor the aarvic .. provided by the city qndar this CaMector•a Agreecent. city shall bill Diatrict usar directly tor all applicatila City chargas ·tor services randarad under this Agreemant. Should any aser not pay City, City shall bill Disb:'ict and Di•trict shall pay to city within 45 days ot •uch billing the amount due. These cba:ges are subject to adjus1:ment tr011 time ta time by C:ity1 when such ohargu are changed, City ab.Ill give Diat.ict forty-tive (4!) days adVance written notice. 7. The tarm ot this Agreaent is for a period of 'three (3) years :froa the date of execution and automatically ranewed for six (S) eubaaquent t:m:u-(3)-y■ar perioda unl ■u eithar part:y givu a 11.inimlllll of six lllOnths written notice, durinq which tiJlla District agrees that all effluent produced fr011 taps within District shall not ba in violation of any federal, atate or City lava, rules er regulations, or any other applicable qove:i:nmental regulation■ or the permits under which the City oparatu iu 1ewage treatment. ayata. City ac,p:au, durinCJ the term hereat, to t.raat said eftlnent. and to maintain adeqaata tacilitiea tor tnating at the sue. 8. Di■uic:t agraH 'tha:t it will 11aintain, at its own expense, all at iu lines, or thoaa lines now owned and operated. ~y District, it being specifically agreed that City asaumes no r■sponsibility should any of District•• lines become clogged, damaged, or require maintenanca. District shall maintain 24-hcur service to raedy disruption in ■ervica. District shall, if it deems necessuy, notify its users at District's proc■dlll:'a to r...cty service. 9. City is providing on.ly savage traabH,nt se:cvice and, pursuant thereto, permits incidental waa at City's sewage lines only ay this individual c:ontract with District and does not, by this contract, offer trutmant service uc•pt. in strict accordance with the terms hereat. '?his contract does not: offe.i:, and ■ball not be construad as otfaring, sawaga treatment service to the public gane%"ally or to any area outside th• limits of th• District'• su:vic• araa herein descrU,ed. 10. This contra.cc may not be ~saiqnad, sold or transfarred by District without C!ty•s written c:0n•ant. 11. Should any fedaral law, rule, per.1it or ragulation or should a d•crea ar order ot a court render void or unen~orceGl• any provisions of this con~ract, in whole or in part, it possible, the ramaind•= ■hall ba ot full fore:• and •~tect. 12. The District shall enforca this agreement and each of its tar.ns and conditions within the cea ducribed in Exhibit "A." District shall refuse to serve a user or potential usar, di•connect the ••rvic:e of any user pursuant to -l .. appropz-iai:e law, or t&k• other apprapriat ■ action in th• avant ot: a. Nonpayment by such us•r of any charge made by City for servic••; b. Any violation or noncompliance by such user with th• terms o't this agreement; c. Violaticn or noncompliance by such user with the laws, rulas, peJ:mits ar regulations of th• City, the United States gavH'J'JllaDt, including the EPA, the State of c:olorada, inclwling tha Departllent gf Baaltb, or other law, rule, permit ar regulatian applicable. d. Continuad breach of this Agreement:. by the District . and/or its users shall be con.siderad causa for the City to tU'Wlinata t:hu Agrea•nt. ShauJ.d the District tail to promptly rectify a breach ef thosa i,rovisiona identitied. berain, ~t•r notice tharaaf, City may take such ataps and do auch work as it d•- nacusai:y ta an~orca this agreaant, including litigation and specifically a rigbt to injunction or spacitic p~ormanca agains t th• District or any of its users as is nec11s11uy to protect the City'• system and operat:ions. The prava.iling party shall be entitled to expansu and costs of suit, including attorney tees. Should aara than one District b• connected to a sewer lin•, all. Dist~icts on the line shall be jointly and severally liable tor any ~reach o! thi■ a~uant and aach such District shall illmldiately, ~tar notice, rac:tify any pral:lla or conclition datriJaantal to the t.raatllent proces• arising within its legal bouadari••· City shall not ~• requiJ:'ed to prova wllich District is at fault 'but shall make available to all such atfacted. Districts all into:naation developed or accumulated by City pertaining to such breach. Nothing containad harain shall praclucle a claim tor indamnity or contribntion by any Diatrict against another District connected to a common •ever line. CRS-13-31-ll.1.S shall govern the percantag• of liability or any District on a C01111l0n sewer line in the event 1:he City seeks t:o ilapo 1a liability based upon negligence or fault. 13. This contract shall net he used as a legal defense or prahillition to the aandatory consolidation of facilities by· either party as uy ba raqui:ed by the laws of the stat• of Colorado of all existing sewer collection systeu and facilities to a govarnmantal entity craated to asawae responsildlity for sewa:-sarvice in the area in which l:lot:h City and state are a part under statutory or constitutional aut.'lority as may ba tha case. -4 - Eugene,. l>\mhaa, li:Hldeat ** !'aat:ncrta <•• page 1) Nothing in 1:hia paragraph ahall apply to fiava am:m:ing 'tile ou~all line utilized :t,y i:he Dilltri.= at any point on points ~ ... ~=-Where the said. outfall line leavu th• area at the Dist:rict.. '• . : .. s . . . •, . . ... a: !t' i ' . . . i . 1 : i • .. . .. .. . \ :; . .. .. .f;: . ,. __ • . . -· -. . ,-.: ..... ., . SQIINJi , .. _. --IN/•l f -~;sJ.:t .. I.A~ .. lJr~m, j,~-; ml .... . ·-" .. . .. -:·- . ~-.} ' .. , . -,:, . ,' .. . ... ~ ..... : ,_ I .., • ""'Ip., .. " •• rL •• ,,:•, . . . ,i . . . EIIIIBII' •A'" -· .. "'"'' ..... am-• ---• ,-ce:-. --•-· -· I e:,._• ... .......... . .. ., ....... -· ........ ,,.. . ...... -· . .• . CONNECTOR'S AGREEH!N'l' 'l!HIS AGREEHZN'J!, ud ■ and. ent:m:ad into this 1 ■1: day of •·· 4 ~~"lli;;, xiiu,~ by and bat'liraell the C:I!Y ot G ~o~, a municipal CCl%poration, hereinafter r~err•d to as •city, 11 ac:ting :by and. tbraugh its duly elected, qua].ifiad and authorized Hayar and Ci~ Cl•rk, and soun INCLB\IOOD ~TAflHSffltf RO. 1 a cruni-awu.oi1al cozp0rat!on o tb.•• o caiori.cio~aniiia tar ciiiid "District:," acting by and through its duly authc:ndzed loa:d ot Directors: WITNESSE'm WHEREAS, the City OW1UI and opera.tu a sewage system, inclucling a ••wag• treat:unt plant which i• jointly owned ancl ·aperatad. with the City of Littleton, so situated phy•ically u to :be able to receiva and t:eat the sewage gatluu:ad by the District, and WHEREAS, it is th• duira of 1:he District to utilize the taciliti•• owned by th• City for the uaatmant of sawaqa and the Ci-ty 1• willing to aarv• the District :eor treatment ct sewage under certain conditions; NOW, 'l!BERlil!'OIIE, IN CONSIDEJAnON of th• prai••· and tor ot!ler gocd. and valuele ccnsiduation haraina!ter set forth, it is mutually ar-eed by the parties as follows: ~· , -· The City heraby ag:-aas und•r the conditions hara!naftar set tar-~ to 1::e&1: ~• savage originating ::ca D:is;::ict 's .. sanitary sewc system wi~!n t:ha area sar,m by t!la District as approved by t!i• City, as indicated in ~• c!escrip~ions a.~-:achad hereto ma:lced 2x!1ibit A. Di•=-!.~ spec:!t'!c&:ly ar-se• to pre•,e~ sawa.qa f'rom any area, c~c t:han tha-: c!esc=-U:,ed he=•in, f!'Cm beL~g d!sc:r~rg•d into 0~5~:i=~•s sani~a:-f sewage systam ccn.-:.~c:& ta city's tr.mk l!..~a cc tQ pr~ve:: coMac~i~ns t~ ;ha sys~-=i f=Q■ or in any a.=a~ a~e= t!1a...-:. =.:se desc::i=ad ~e:-e!..~. ** Sae Fao~~ote c~ last pa;a. -l ... 2. In the operation of! District:•s sanitary sewer ayata, District agr••• that all applicable Code pi:ovisiona IJ'ld rulu and regulatians ot City, including amendllants thereto during t:h• t:arm of th• contract, sball be the mtnimWIL standai:d• faz.- District•s system. District further agrees to al3id• by all applicable state and federal laws, rulu, regulations, or permits, including those of th• Environmental Proeection Aqen,::y (th• EPA) as they beCOlle affective or implament:ed or upon notic• from the City. District shall intona all users, c:antractors and subcontrac:t:ors ot suc:b standards, rul•• and r•gulations upon inquil:y froa auch persons, and shall not ~iah any intarmation inc:onai ■tent 1:hm:ewith. In this reqard, it shall be the raspcnsil>ility of the District to obtain ~ro• th• appropriate gaveming body the applical:,le requirua■nts. The city •ball attempt. to maintain and provide all raquiruants to the District: hawavar, City does nat guarantee the accuracy or c:omplatenes• of govaraae11t regulations athar than the city•s own ragulations. 3. Tha City's permitting requiraents shall he followed by the District and its uaars. All plans, apacifiea:tiorua and methods of work within the District shall b• submi..tted to the City in writing and appravad by City prior to any construction or tap in tha Dist:ict•s approved area. N'o pe.nit: aha11 J,e final and no ..rvic• shall be provided to property until construction is approved in writing by city. 4. District •hall, ai; all time■, properly maintain its sewer ■y■tam and 1hall rectify any problas or conditions which have 1'een datllnlined by Di~ict or City to ba detrimental to City's trutmen1: precess. Shauld the City datarmine that any discharge antars 'the sawer systa contrary to gavemin11 laws, ordinances, statutes, rules, regulations or permits, Distric:1: agrees to proceed at onc:a to take whatever lawful means ■ay be nac:usary to ractity any auc:h problem or con4ition. !5. City •ball have th• right to allocate auvica under this ccntrac:t, and. City may deny additional aarvic• ~or any utility-related reasan, but in no event will City t•rminate any eervice without cause. City shall have the righ-t: to cliscoMect sarvic• to any area annexed i,y District wan such annexation takes plac• without prior written City approval. · District shall provide City within one year of t:his aqreement, an asti:lllata of th• nWlber ot •qw.valant sel:'Vice taps needed tor the next tive (5) years under current zoning and planned b\lildout in District's area. District shall monitor zoning changes witbin its area tQ estimate its tap requirements and provide City wit.'1 notice cf tap requiruents for th• naxt tiva y•ar period of time in a foJ:'ill satisfactory to the City. Not:ica of these requirements shall l::le given City on aac~ anniversary date of ~s aq:auent. 6. City ma.1 impose and collect reasonable tees, tolls and charges, which shall be uniform as to all outside-City users ' . tor th• sarvicu provid•d by the city und■r this cannac:t.a%•s Agreuant. City sha11 bill District us ■r directly for all applicallle City cllaJ:'g'••·tar services rendered under this A9raement. Shoald any 11981:' not P•Y City, City shall bil1 Diauic:t and Di•trict sba11 pay to city within 45 days ot aucb billing th• aJ10unt due. Thu• charges ara subject to adjustment. tram t.ima t:o time by City, when such charges ara changed, City aball give Diat.ic:t forty-five (4!) days advance written notice. 7. '!ha tanl of this Agreaent is for a period of three ( 3) years froa the date ot execution and ~uto■atically renawad for six (6) sUbaaquant. t:m:u-(3)-year periods un1 ■n eitl:aar i;,~ givu a -.J.niJmJa of six mom:hs writtan notice, during which time District agrees that all effiuent produced frOll taps within District shall not be in violation of any federal, state or city laws, nl•• ar regulations, or any otbe applicable governmental regulation• or the permits uncler which the City opera.tu its sewage treatment. syst-. City agr■-, during th• tam hereof, tot.rut said et:tluent. and to maintain adequate facilities for ti-eatinq af th• same. a. District agr•-'that it will uintain, at its own expense, all of it. lines, or thoaa lines now owned and operated by District, it being specifically aqraed. t:hat City ua1111es no respo:msil:lility should any o:t District•• lines become cloggecl, c!amag•d, or require maintenanca. District ■hall maintain 24-hour service to raedy disruption in ■ervica. District shall, if it damu necessary, notify its users of District's proc•dur ■ to r-ady service. 9. City is providinq only savage t.raataent service and, pursuant thereto, pendts incidental Wle at City'• sewage lines only hy t:hia individual contract vith Diaulct and dou not, by this contract, offer trutmant ••nice except in strict accordance with the teas hereof. 'Ibis contract does not offer, and sball not be c:onstrued as offering, savage traatmant ••rvica to the public generally or to any araa outside the limits of the District•• auvic• area herein described. lo. Tb.is eont.ract may not be assigned, sold or tran•ferred by Dis1:ric::t without City's written consent. 11. Should any fectaral law, :r:ule, peait or ragulation or should. a decree or order a~ a court r•ndar void gr unen~areeable any provisions of this contract, in whole or in part, it possible, tha remaindar ■hall be of full fare• and ettact. 12. Th• Dist=ict shall enforce this agreement and each of its ter.ns ancl conditions within the a::aa ducribed in Exhibi~ "A." District shall retusa to serve a user or potential user, disconnect th• service of any user pursuant to -J - appropriate lav, ar talc• other apprapriat ■ action in tha avant of: a. Nonpayment by such user of .any ,:huge made by City tor servic••; b. Any violation or noncompliance by such user with th• term.a o't this agraa■ent; c. Violation or nancampliance by such user with the lan, rules, permits or ragulations of tha City, the Unitad stat•• govanmant, including the EPA, the State of Colorado, inclw:Ung th• Dapart:llant of Health, or othar law, rule, perait ar regulatian applicable. d. Continued b~•acb of thia Agl:'emaant by the District . andjor its users shall be co9idar.a cause for the City to tandnata this Ag]:auaant. Shoul.d the District fail to promptly rectify a breach c:1t thasa provisiana idantitied herein, after notice 1:heraot, City may take such ■taps and do such work as it d- naausary ta ~area this agz:aeaant, including 1itiqation and specifically a right to injunction or specific pertormanca agains1: th• District or any o:t its users as is necesauy to protec1: the City'• systea and operations. Th• prevailing party shall b• entitled. to expanses and costs of suit., including attorney fees. Should more than on• District be cannected to a sever line, all Districts on tha line shall be ,aintly and severally liable for any breach g f thi■ a.eJnuant and nch such District shall i.Jlmadiataly, attar notice, rectify any pr=l-or condition datri.Jlental to the tr•a.tJaent proc••• ari•ing within its legal boundari••· Ci1:y shall not be required to prove Which District ii at. faUlt "but shall :make •va.ilahle to all such atf■cted Dist:ic~ all in:tormation developed. er accumulated ~y city pertaining to such breach. Nothing contained barain shall praclucla a claim for indumity or cant:r.U,ution by any Dilltrict against another Diat:rict connected to a common sever line. CRS-13-31-111.5 shall gavem the pu-cant:aga of liability at any District on a C01111l0n sewer line in the evant the City seeks to illposa liability based upon nagli9ance or fault. 13. This contract shall not be used as a l~al defense or prohibition to tha mandatory consolidation of facilities by· either party as uy be requi:ed by the laws of the St•t• ot Colorado of all existing sewer collec:tian system and tacilitiea to a govarnmantal entity created ta asswu rasponsil3ility to~ sawe~ sarvice in tha araa in whic~ both City and state are a part unde: statutory or constitutional aut.'1ority as uy be tha case. -4 - ** l'oatnai:a (au page 1) Nothing in 1:hi• ;paragraph ahal.l apply 1:o nan ent:ering tbe outtall line uWized :by the District at any point: on points clovnatJ:aaa frail war• the ••icl outfall lin• laavea th• area o:f tlua Diat:rict:. -s - •, -.. r !>' i • .. i. .. : ... ... , :· ........ . ,-:: ...,, ~ C 0¥ 811NJJ 1••-;.. ~ i'!l•l (! -hsJ. ; f s. ·: .. ..._ J.A~; ~· ,: l,1w;.1 j:1 : :;;J..? • ~-Jo ' .. , -1 . .. '\ .... ;-' -...~ .. . " • I r,.., ,,:•, .. .. . . . . ,. KIIIIBil' •A" .r ,:, f r £t j ~ ......... .. ... --,. 11.••· ..... sm-• -.. 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