HomeMy WebLinkAbout2017 Ordinance No. 024ORDINANCE NO. 24
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 28
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO
WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN THE
CITY OF CHERRY HILLS VILLAGE 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 Cherry Hills Village
and Englewood by the passage of Ordinance No. 66, Series of 2014; 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. 66, Series of 2014,
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 Cherry Hills Village 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 Cherry Hills Village 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. 24, 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 aft
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. 24, Series of 2017.
Exhibit A
ADDENDUM TO WAs·1 rWATEI( CONNl ·C I OR'S AGRl·I.MENT
For Owners with lncluc;trial Users
'(hi!> Addendum is nmclc mtcl entered into this 2.\~+-clay of~~~-----
20 rf,, lo he cITccth·c ~IS or A r.t.11-' l-, '2..D 11 by nnd between the CITY of EN tJ LEWOOD,
COi ORADO, hcrcinancr referred to ns "City", n municipnl coqmrntion, ncting hy
nncl throt,gh its duly clcclccl, qunlificd and m1thori1ccl Mayor .ind City Cl erk, nncl
City of Cherry I lills ViUnl!c
(N;une n(Ou11e1)
n Colouu.lo home 1111c m1111icipality of the Stnlc of'
CT) l'I: c,r [nlil) l
Colornclo, hereinafter cnllccl "Cl IV", .icting by nml through its nuthorizcd Representative.
WITNESSE.11 J
WHEREAS, the City and Cl IV prc\'iously cnlcn:d into a Connector's /\grccment,
("Agreement") dated l'JCDNL!D'oLr \J 1 '2.0.B._, a copy of which is .illachccl hereto mu!
incorporatccl hy reference, pursunnt to which the City and Cl IV ngrced that the City would provide
wastcwnter trentment services to Cl IV through the Littlcton/Englcwoocl Bi -City Wuslcwntcr
Trcauncnt Plant ("Wa!-tcwntc1· Plmll"); nnd
WI IEREAS, the terms nnd provisions of the Agreement remain in effect 1111less c>,;prcsc;Jy
modified by this Addendum; and
WIIEREAS, the United States En\'ironmcntal Protection Agency ("EP/\") Im-. instructed
the City Lo establish nn intcr-jurisdictionnl agreement between the City and Cl IV which pro\'idcs
the City with the authority lo implcmcnl the "Industrial Pretreatment Progrnm1
\ contained in 40
CFR Pnrl 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City ofEnglc,,oad
Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, for
any industrial users cu1Tently locntcd or hereafter locating in CMV; ond
WHEREAS, the Agreement provides that in the opcrntion of Cl )V's sanitary sewer system
o\l npplicablc City municipal code pro\'isions and rules and regulations of the City shall be the
minimum standards for CHV's sunilary sewer system; and
WHEREAS, the City hns determined thnt the provisions of the Agrccmcnl provide the City
with sufficient oulhority lo satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WMEREAS, the parties desire to further clarify and designate the obligations and
responsibi Ii ties of Cl IV and the City with respect lo the enforcement oflhe City's Municipal Code,
rules and regulations within the service area of CHY; ond
WHEREAS, the EPA defines 41 lndustrial User" as ··a source of nondomestic waste" and
"11ny nondomestic source discharging pollmnnts to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or cntily that discharges wostcwnter from any facility
other than a residential unit''.
NOW ·1111:REI ORI , in con s itl c1at ion ol the n1uhml prom ises mul co,•cnnnts hcrcinartcr
conlnincd, the parlic.c; ngrcc nr; follows :
1. The recitals ahovc m c inco, JlOmtcd hc1ci11 by thi!\ 1cfo1 cnce .
2. The Cily nnd Cl IV nullunlly ngrcc to comply fully with nll nrplicnblc fcdernl, slate and
local lows, rules ;md 1cgulnlionst including but not limited to 40 CFR Pnrl 403 promulg:1tccl
by the EPA, Colorndo Regulations 5 CCR 1002-63 promulgated by tlu: Colorndo \Vnlcr
Qunlily Commission (lllrMmnt lo Colome.lo Revised St:atulc 22-8-508, and Title 12, Clmptcr
2, Section 5 of the [nglc\\ooc.1 Municipal Code , ;mcl Title 7, Chapter 5, Section 25 of the
City of Li1tlc1on Municip.il Code, n~ each is muendccl from time to ti me t and nll wnslcwntcr
contribution requirements ndoptcd by lhc City in accordn11cc \\'ilh the Agreement.
3 . The p:111ies , from time to lime, shall rc \'icw ;mcl coopc111tc lo revise this Adclcnclum, if
necessury, lo ensure complinncc with 42 U.S.C. § 1251 cl. seq., of the Federal Cle.in Water
Acl, the fcdernl mies ,md regulations found al 40 c r R Part 403 issued thcrcumlcr, nncl the
City Municipal Code.
l. Cil) Responsibilities
I. The; Cil)' shnll be responsible for and slmll accept the following duties and pcrfonn lhc
following actions in relation to all current and fllturc lnduslrinl Users and/or Nondomestic
Users located within CIIV , and CIIV agrees ,o coopcralc to the extent ncccssnry for the
Cily to successfully carry out its responsibilities:
A. The City, on bclmff of and as an agent for Cl IV, slmll perform technical and
nclminislralive duties necessary lo assist Cl IV with the implementolion nnd
enforcement of CHV's mies nnd regulations regarding Industrial Users nnd/or
Nondomestic Users. Withoul limiting the generality of the foregoing, the City
ngrccs that il shall:
(i) Update the City's industrial waste survey;
(ii) Issue pennits lo all Industrial Users and/or Nondomcstic Users within Cl IV
required lo obtnin a permit;
(iii) Have the right to conduct inspeclions, sampling, and analysis;
(iv) Take all appropriate enforcement actions ns outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice lo CliV of enforcement actions taken by Lhc City against any
Industrial User nnd/or Nondomestic Users located wilh in CHV boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate~
(vii) Upon reasonable notice to the CiLy, provide CHV access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomcstic Users located within CH V's
service area.
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(,•iii) 'Jhe Cil) will mal-.c il rca«.onnhl c c.:fforl to nolify CIIV in ml\':111cc of:my
puhlic hc:u ing In change municipal code prm•isions referenced in lhis
Addendum, and mal,e n rea sonable effort to provide an oppor11111i1y for
Cl IV tu commcnl on proposed changes.
n. In nddilion, the City mny, ns ilpproprinlc~ nncl as m1 ngcnt of Cl IV, tnkc emergency
ilction lo slop or Jll'C\'cnt the dischmgc ft om lnc.lustrinl Users or Nondomestic Users
ol'.111y was1c,,iltcr which prc«.ents 01 may present nn imminent danger to the hcnhh,
snfcty and \\elf.Ire of humnns or which reasonnhly appcnrs to threaten the
environment, or which threatens to cause interference with, or pass through the
Wustcwntcr Plnnl, or cause sludge conlilmi1mtion. In the c\'cnl the Cily deems such
emergency action :1pproprinlc it shall pro\'idc Cl IV with notice thereof in mh·ancc,
if possible, hul no Inter than 24-homs :inc1 the action is initiulcc.l.
C The Cily, on bchnlr of Cl IV, agrees to pcrfm m lhc following uctions ns sci lorlh in
•10 CFlt Pnrl 403 .8(1) nnd summnri1.ccl .is follow s:
(i) Conlrnl through permit, or sim ilnr mcuns, 1hc contribution to the City hy
I ndustriul User:. nncllor Nondomcslic Users;
(ii) Require complinncc with applicable lndustri:11 Pl'ctrcntmcnl Progrnm
standards nnd rcquircmcnls hy Industrial Users mul/or Nundomcstic Users;
(iii) Deny or condition new or increased conlrihutions ol' poll,1tn11ts or changes
in the nature of 11ollutnnts by lnc.lustrinl Users nnd/or Nonclomcstic Users;
(iv) Require the development of compliance schcclulcs by each lndustrinl
Users and/or Nondomestic Users for the inslall.ition of tcchnolo~y
required to 1nect Uflplicablc Industrial Prclrcatmcnl J>rngrnm standards nnd
rcq uircmcnts;
(,•) Rcquin: the submission of all notices nnd sclr-moniloring reports from
Industrial Users and/or Nondomcstic Users as nrc necessary to assess nnd
assure compliance by Industrial Users nnd/or Nondomcstic Users with
Jnd1.1slrial Prclrcntment rrogrnm slnndnrds und requirements, inch1ding, but
not limited to, the reports required in 40 CFR 402.12;
(\'i) Cnrry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/orNondomcslic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards nnd requirements by Industrial
Users;
(vii) Enter premises of nny Industrial User and/or Nondomcstic User in which a
discharge source or treatment system is located, or in which records nre
required to be kept pursuant to 40 CFR 403.12(0), lo assure compliance
with Industrial Pretreatment Program stnndnrds and requirements;
(viii) Evoluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability lo seek
injunctive relief and assess civil or criminal penalties for each violation ;
(ix) Confonn to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements.
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IJ. If Cl IV pcrfol'ms its own fot !.. Clil , 11ml g1cai;c (''I OG") progrnm or petroleum, nil ,
grease and sand ("POGS'') p1ogrnm ii i-lmll notily the City in the event lhal Cl IV
cliscontinucs ils FOG 01 l'OGS progrmu. In case ol"CI IV's cliscontinmmcc, the City
shnll be nuthorizcd to :iclminis\er the H)G nnd POGS progr.1111 in addition to
ndministrati1,g the remaining i-ccto, control progrnms on hehnlf of and ns ngenl fo1
Cl IV. The City shnll hil\"C lhc right lo charge a 1 cmmnnblc inspection rec 10 Cl IV
for nny inspection rclalcd to lnd\1c;trial Usw; nm.I/or Nondomcstic Users within
Cl IV's scl'vicc area.
E. In the event tlml CIIV docc; not perform l·OG or POGS prngrnms the pmtics agree
thnt the City shall perform and he responsible for the ndministrntion of these
programs, ns well as the remaining sector control progrnms. The City shall hn\•c the
righl to charge ;1 rcu-;onnblc inspection fee to Cl IV for any inspection related lo
Industrial Users or Nonclomcstic Users within CI IV .
F. 11,e City shrill be responsible for mlminislrnting lhc remaining, scctm control
programs in Cl IV notwithc;tnnding lhnl Cl IV pc, forms its O\\ n FOG and POGS
programs.
11. Cl IV Rcsponsihililics
I . Cl IV is l'csponsiblc for, and shillf accept, the following duties ,md perform the following
m:liuns for nnc] in relation to all current nnd future Industrial Users and/or Nondomcslic
Users within Cl IV's service nrca:
A. No Inter than June 30. 2017, CHV shall ndopt cnforccahlc locnl sewer use rules
nnd/or regulations which urc no less stringent and nre as lire.id in scope ns the
lndustrinl Prctrentmenl Program section of the Wnstcwntcr Utility Ordinance found
in Tille J 2, Chapter 2, Section 5, oflhe 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 CHV model regulations and nny necessary revisions to the rule
nnd/or regulations from time to lime, nnd CIJV will promptly present to its City
Council for ndoplion any neccssnry revisions to its locnl sewer use mies nnd /or
regulations that are al least ns stringent os those adopted by the City lo assure
compliance with the Industrial Pretreatment Program.
B. CIIV will maintain current information, ns reasonably required by the City, on
Industrial Users and/or Nondomestic Users located within CH V's service area, and
provide Industrial Users' information lo the City upon request . CHV ngrees lo
provide to the City access to all records or documents relcvnnt lo the Industrial
Pretreatment Program for ,my Industrial User and /or Nondomcstic Users located
within CHV's service area provided that the City shall comply with the Colorado
Open Records Act in the event of nn open records request seeking the release of
such records or documents under C.R.S . § 24-72-(3)(n)(IX).
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C. In lhc c,·enl Cl IV foil s lo tukc adequntc cnlo1ccmcnl nction in nccord.\11cc with its
local sewer use 1cgul:1tiurn, ,1gnin st num.omplianl Industrial Users rmcl/o1
Nondomcstic Users scr\'ccl h) the C'il) in Cl JV un a timely basis, Cl IV agrees ancl
hereby dclcgnlcs its authority nncl police powers to lhc Cily to the extent nccessnr)'
to tc1l,c such action on bclmlf or :md ns an agent for Cl IV, proviclc:cl that the City
pro\'idcs advance notice or !mch action to Cl IV where 1·cnso1mbly pmclicnhlc.
D. Cl IV shall coopcrntc with the Cily Lo implement nnd enforce lln: lndustri.il
Pretreatment Program standards und requirements for the lnclustri.11 Users muller
Nondomcstic Users in Cl IV with the City's cwcrsighl of the program. In Lhe c,•cnt
Cl IV docs not pro,•idc resources, or .idequ.tlcly implcmcnt or enforce the tndustrinl
Pret,·calmcnt l'rogrnm, Cl IV ngrccs that the City nmy tnkc such action on behalf of
mul as an ngcnl for Cl IV, J)l'O\'idecl thnl the City provides nolicc of such nclion to
CIIV.
E. Cl IV .igrccs lhnt the City shnll take re!tponsihilit)' for inspections oflndustrinl Users
and/or Nondomcsl ic Users on behalf of Cl IV und hereby dclcgnlcs its nulhorily mul
police powers lo the Cily for such Jllll'JlOscs . If, in the future, Cl IV assumes
responsihi lily for insrcctions of lnclu,;lrial Users nncl/or Nondomcstic Users, Cl IV
agrees that, in the event thnt Cl JV foils to tal-c actions consistent wilh .such
rcs11011sibility, including innc1io11, rcfu$.1l lo im.flCCI, or lack of personnel lo inspect,
the City may rcnssumc this responsibility, incl11di11g the authority m1<I police powers
necessary for the same, and charge Cl IV for the costs of the inspcclions.
F. Cl IV ngn:cs that if the m11horily of the City lo net us agent for Cl IV under this
Addendum is succcssfull)' challenged by nn lmlustrial User nnd/or Nondomcstic
User, com1 oflaw, or otherwise, Cl IV will take nclion lo ensure the implemcntntion
and enforcement of its local sewer use regulntions agninst nny Industrial Users nnd
Nondomcstic Users, wiLhin Cl !V's service aren, including but not limited to,
implementing and enforcing its locnl sewer regulations on its own behalf or
cooperating wilh the City lo amend this Addendum to clarify the Cily's authority.
G. CHV IS NOT responsible for administering the FOG nnd POGS programs,
includins conducting all inspections required by these programs.
2. If any term of this Addendum is held lo be invalid in nny judicial action , the remaining
lerms will be unaITected.
REMAINDER OF PAGE INTENTIONALLY BLANK
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en Y 01 ENGLFWOUIJ
Attest
CITY OF CIJERRY 111 1.LS VI LLAGE :
ATTEST:
Laura Smith, City Clerk Linda C. Michow, City Attorney
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