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HomeMy WebLinkAbout2017 Ordinance No. 025ORDINANCE NO. 25 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR A WASTEWATER CONNECTOR AND TRANSMISSION AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, THE CITY OF ENGLEWOOD, SOUTH ARAPAHOE SANITATION DISTRICT, AND WASTE MANAGEMENT OF COLORADO WHEREAS, Waste Management of Colorado is the operator and manager of the County Line Landfill, which is owned by Arapahoe County and located in Douglas County at the intersection of South Colorado Boulevard and County Line Road; and WHEREAS, South Arapahoe's mains flow into the Big Dry Creek Interceptor, which is owned in various segments by Southgate Sanitation District and the City of Englewood and, which is operated pursuant to the 1990 Basin Interceptor Agreement; and WHEREAS, in 1984 the County and City of Englewood entered into a Connector's Agreement which allowed wastewaters from the Landfill to be discharged to the UE WWTP; and WHEREAS, in 1985, South Arapahoe, the County, Waste Management Colorado and Englewood entered into a Wastewater Transmission Agreement, pursuant to which leachate collected at the Landfill have been transmitted to the Wastewater Treatment Plant; this Agreement was extended and modified by an Amendment in 1990; and WHEREAS, under the 1985 Agreement Waste Management Colorado installed a lift station and dewatering sump, known as a "Leachate Extraction System", which were then connected to the South Arapahoe sanitary sewer system, which is called the "Landfill Tap"; and WHEREAS, in 1995 in recognition of changed circumstances, the parties entered into a restated and amended version of the 1985 Agreement to add an additional tap, referred to as the "Fairways Tap" and to make other changes; and WHEREAS, the 1995 Agreement was subsequently extended but has since expired; and WHEREAS, in 2008/2009, upon the determination that the dewatering of the landfill was sufficiently complete, pumping from the Leachate Extraction System ceased and the system was decommissioned; and WHEREAS, on June 5, 2009, the Landfill Tap pipeline connection between the County's manhole 17B and South Arapahoe's manhole 17A was plugged with cement grout to prevent future use of the connection; WHEREAS, a portion of the Landfill waste mass has become saturated, creating a leachate that the Colorado Department of Public Health and Environment (CDPHE) is requiring be removed and disposed of to lower the potentiometric level of leachate beneath the Landfill and maintain that level, or lower, into the future; and WHEREAS, in compliance with the order of CDPHE, the County and Waste Management seek to reactivate the Leachate Extraction System at the Landfill, establish a new connection of the Landfill Tap to South Arapahoe's sanitary sewer at the location shown on Exhibit A of the Wastewater Connector and Transmission Agreement, and begin discharging leachate through South Arapahoe's system to the Plant; and WHEREAS, the Englewood Water and Sewer Board recommended Council approval of the Wastewater Connector and Transmission Agreement at their March 14 meeting; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement entitled "Wastewater Connector and Transmission Agreement" between, the Board of County Commissioners of the County of Arapahoe, the City of Englewood, South Arapahoe Sanitation District, and Waste Management of Colorado, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the Acting City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. 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. 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. 25, 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 afte 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. 25, Series of 2017. Exhibit A WASTEWATER CONNECTOR AND TRANSMISSION AGREEMENT THIS WAS TEW ATER CONNECTOR AND TRANSMISSION AGREEMENT e· Agreement") is made and effective as of the __ day of ____ , 20_, by and between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the "COUNTY"); the CITY OF ENGLEWOOD, a Colorado Home Rule Municipality ("ENGLEWOOD"); SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-municipal corporation ("'SOUTH ARAPAHOE"); and WASTE MANAGEMENT OF COLORADO, INC., a corporation ("'WMC"). RECITALS A. The COUNTY owns the closed County Line Landfill (the "Landfill"), located in Douglas County, Colorado, at the intersection of South Colorado Boulevard and County Line Road. B. WMC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY. C. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. D. SOUTH ARAPAHOE's mains flow into the Big Dry Creek Interceptor (the "Interceptor"), which is owned in various segments by Southgate Sanitation District ("SOUTHGATE") and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreement dated as of August I, I 990 (the "BIA"). The Interceptor delivers sewage flows from SOUTH ARAPAHOE's service area to the Littleton/Englewood Wastewater Treatment Plant owned jointly by ENGLEWOOD and the City of Littleton (the "Plant"). ENGLEWOOD operates and manages the Plant pursuant to an agreement with the City of Littleton. E. On or about August 20, 1984, the COUNTY and ENGLEWOOD entered into a Connector's Agreement (the "Connector's Agreement") pursuant to which wastewaters from the Landfill would be discharged to the Plant for a tap fee paid by the COUNTY. The Connector's Agreement was amended on June 26, 1987 to amend the tap fee based on revised discharge estimates. The Connector's Agreement has since expired. F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD, and WMC entered into a Wastewater Transmission Agreement (the "1985 Agreement") pursuant to which leachate collected from the Landfill was transmitted to the Plant. The 1985 Agreement was extended and modified by subsequent Amendments but has since expired. G. Under the 1985 Agreement, WMC installed a leachate extraction system and control sumps (the '·Leachate Extraction System") that were connected to the SOUTH ARAPAHOE sanitary sewer system. The connection to SOUTH ARAPAHOE facilities is hereinafter called the "·Landfill Tap." Page 1 of 10 H. On or about March 31, 1995, in recognition of changed circumstances, the parties entered into an amended and restated version of the 1985 Agreement to add an additional tap, referred to as the "Fairways Tap" (which has since been disconnected and is no longer in service), and to make other changes. The 1995 Agreement was subsequently extended but has since expired. I. In 2008-2009, upon the determination that the dewatering of the Landfill was sufficiently complete at that time, pumping from the Leachate Extraction System ceased, the system was "decommissioned," and on June 5, 2009, the Landfill Tap pipeline connection between the COUNTY's manhole 178 and SOUTH ARAPAHOE's manhole 17A was plugged with cement grout to prevent future use of the connection. J. Subsequently, a portion of the Landfill waste mass has become saturated, creating a leachate that the Colorado Department of Public Health and Environment ("CDPHE") is requiring be removed and disposed of to lower the potentiometric level of leachate beneath the Landfill and maintain that level (or lower) into the future. K. To accomplish the removal and disposal of the leachate in compliance with the order of CDPHE, the COUNTY and WMC seek to reactivate the Leachate Extraction System at the Landfill, establish a new connection of the Landfill Tap to SOUTH ARAPAHOE's sanitary sewer system at or near the prior connection point in manhole F-17 A, and begin discharging leachate through SOUTH ARAPAHOE's system to the Plant. L. SOUTH ARAPAHOE and the other participants in the BIA have no objection to renovation and reactivation of the Landfill Tap connection for the purpose of discharging fluid from the Leachate Extraction System, subject to the terms and conditions hereof. M. ENGLEWOOD and the City of Littleton have agreed to accept the leachate at the Plant. AGREEMENT FOR AND IN CONSIDERATION of the mutual promises and undertakings set forth herein, the parties agree as follows: 1. Limited Scope of Agreement. The purpose of this Agreement is to permit the renovation and reactivation of the Landfill Tap and the use of SOUTH ARAPAHOE facilities and the Interceptor to convey leachate from the Landfill to the Plant as recited herein. This Agreement shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, or ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. A drawing depicting the anticipated location of the Landfill Tap connection is attached hereto as Exhibit A and incorporated herein by reference. Once reestablished, the Landfill Tap connection shall not Page 2 of 10 be altered or modified in any manner without express prior written consent of SOUTH ARAPAHOE. 3. Fairways Tap. WMC and the COUNTY represent and affirm that the Fairways Tap has been disconnected and abandoned, and agree that the Fairways Tap shall not be reconnected under the terms of this Agreement. WMC and the COUNTY shall discharge to the SOUTH ARAPAHOE system exclusively through the Landfill Tap. 4. Connections Limited. WMC and the COUNTY shall prevent the connection of sewer lines from any area other than the Landfill through the Landfill Tap. In addition to any other remedies herein provided, SOUTH ARAPAHOE shall have the right immediately to disconnect facilities serving any other area regardless of where the unauthorized connection is made and to charge the COUNTY and WMC for the costs thereof. 5. Other Agreements/Permits. All services furnished hereunder by SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall be subject to applicable Rules and Regulations of SOUTH ARAPAHOE and SOUTHGATE, as may be amended from time to time; applicable Ordinances, Rules and Regulations of ENGLEWOOD, as may be amended from time to time, including the ENGLEWOOD Wastewater Utility ordinance; and any and all terms and conditions of any Industrial Wastewater Discharge Permit issued by ENGLEWOOD for the discharge from the Landfill Tap, as may be amended or reissued from time to time. In addition, all services furnished hereunder shall be subject to, and WMC and the COUNTY further agree to abide by, all applicable state and federal laws, rules, regulations, or permits, including those of the Environmental Protection Agency (EPA) and the Colorado Water Quality Control Commission (WQCC), as they may be amended or reissued from time to time. 6. Tap Allocations. The tap allocations of SOUTH ARAPAHOE under ENGLEWOOD's tap allocation program, if any, are not affected by the Landfill Tap. 7. Connection Charges. 7. t In recognition that the COUNTY previously paid a tap fee associated with the original Connector·s Agreement the amount of which fee was established based upon the COUNTY's and WMC's agreement to limit discharge to off-peak times, and because the COUNTY and WMC have agreed to the same limitation on the times of discharge pursuant to Section 10 below, there will be no new tap fee for the renovation and reactivation of the Landfill Tap in accordance with the terms hereof. 7.2 Because of the limitations and restrictions stated herein, the Landfill Tap shall not be deemed a connection to the Interceptor under the BIA. If, however, discharge from the Landfill Tap causes any unreasonable and unanticipated impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTI I ARAPAHOE. In such event, and if a reasonable alternative arrangement cannot be reached to reduce the capacity impact, the COUNTY and WMC may be liable for the payment of Line Charges under the BIA, calculated as provided therein, and SOUTH ARAPAHOE may impose such Line Charges upon the Landfill Tap as are applicable generally within that District. In lieu Page 3 of 10 of the foregoing, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY, and WMC by SOUTH GA TE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its system so as to eliminate the capacity impact upon the Interceptor. 8. Service and Maintenance Charges. 8.1 The SOUTH ARAPAHOE annual base service charge for the Landfill Tap shall be One Thousand Dollars ($1,000.00). Such fees shall be paid in advance, on the date of the execution hereof and on each anniversary thereafter while this Agreement is in effect. If in any given year, SOUTH ARAPAHOE incurs more than $1,000 in consulting fees or maintenance charges attributable to the Landfill Tap, the excess amount, to the extent such charges were not caused by SOUTH ARAPAHOE's own actions or inactions, will be added to the invoice for the annual service charge in the year next following the year in which the excess costs were incurred. 8.2 The COUNTY and WMC shall not be liable for any maintenance charges imposed pursuant to the BIA. It is recognized that if the volume of discharge exceeds expectations, payment of such maintenance charges deemed reasonable after good-faith negotiation between the parties may be imposed as a condition of continued connection of the Landfill Tap. 8.3 The COUNTY and WMC agree to pay ENGLEWOOD sewage treatment charges and other user fees as established by the ENGLEWOOD City Council. The sewage treatment charges shall be based on the gallonage ofleachate discharged from the Landfill and the per-unit treatment charge for sewage treatment established by the ENGLEWOOD City Council; provided, however, that in no event shall such charges be less than the minimum charge for sewage treatment established by the ENGLEWOOD City Council. Such charges shall be subject to adjustment from time to time by the ENGLEWOOD City Council. 9. Costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH ARAPAHOE a one-time sum not to exceed Six Thousand Dollars ($6,000.00) for the engineering and legal fees incurred in connection with this Agreement. After this Agreement is signed by all parties and consenting parties, an itemized written statement of such engineering and legal fees, which shall include but are not limited to review and approval of this Agreement by SOUTH ARAPAHOE'S legal counsel and consulting engineer, shall be provided by SOUTH ARAPAHOE to the COUNTY Attorney as an attachment to an email. The County Attorney shall reply to such email confirming receipt of the attachment as soon as practicable, and reimbursement shall be due within thirty (30) days after the COUNTY's receipt of such written statement. 10. Discharge Limitations. No wastewater from the Landfill Tap shall be discharged into SOUTH ARAPAHOE facilities between the hours of 5 :00 a .m . and 10:00 a.m. or between the hours of 5:00 p.m. and 10:00 p.m . daily . The rate of discharge shall not exceed fifteen (15) gallons per minute during the hours of discharge. The foregoing maximum discharge rates shall be subject to change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely affect the availability of peaking capacity in SOUTI I ARAPAHOE facilities or the Interceptor. Page 4 of IO l l. Emergency Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability for damages to the COUNTY or WMC, to interrupt the discharge through the Landfill Tap in the event of a blockage or rupture anywhere within the SOUTH ARAPAHOE system, the Interceptor, or the Plant, or if the discharge from the Landfill Tap contains an unreasonable level of any hazardous or toxic substance. Should such an interruption occur, the COUNTY and WMC shall be notified immediately. 12. Metering: Monitoring: Reporting. 12.1 The COUNTY and WMC shall install a flow meter to measure the waste- leachate flow into the SOUTH ARAPAHOE system, which meter shall be selected and installed in conformity with industry standards and shall meet any specifications and installation standards required by CDPHE, and such installation shall be a condition of connection and service hereunder. The COUNTY and WMC shall properly operate, maintain, and repair the meter (including replacement as needed), and keep the same calibrated accurately, and shall provide access for SOUTH ARAPAHOE to inspect the meter at any time. 12.2 During the term of this Agreement, the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD with copies of any and all flow records, analytical reports, tests, and test results involving the leachate removal program submitted by them to CDPHE. Additionally, SOUTH ARAPAHOE may monitor the Landfill Tap, review any flow records, analytical reports, and tests made by any of the parties, and have access to the Landfill Tap to examine, inspect, and make such tests of the Landfill Tap discharge as it deems necessary, provided that in exercising its rights hereunder, SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Landfill Tap or impose an unreasonable administrative burden on the COUNTY and/or WMC. 12.3 If and to the extent required by law or applicable regulations, the COUNTY and WMC shall monitor contaminants present in the discharge at the Landfill Tap, and shall provide copies of any documents submitted to CDPHE to SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD and shall notify SOUTH ARAPAHOE, SOUTHGATE , and ENGLEWOOD immediately of any changes or new toxic or hazardous material found. 13. Cure of Violations. The COUNTY and WMC shall within a reasonable amount of time correct any violations or breaches of this Agreement, or other conditions reasonably determined by SOUTH ARAPAHOE, SOUTHGATE, or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities, the Interceptor, or the Plant. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE, SOUTH GA TE, or ENGLEWOOD, any or all of said parties shall have any or all of the following remedies: (I) undertake such corrective action as it deems necessary to halt Landfill discharge into SOUTH ARAPAHOE facilities; (2) disconnect the Landfill Tap from SOUTH ARAPAHOE facilities; and (3) obtain injunctive or other relief from any court of competent jurisdiction. Such remedies shall be cumulative, and the COUNTY and WMC shall be jointly and severally responsible and liable to SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD, as appropriate, for all expenses, including engineering and attorney fees, incurred in connection with the corrective work. Page 5 of 10 14. Term/Termination. 14.1 Unless sooner terminated for any reason elsewhere provided, this Agreement shall extend through December 31, 2032. 14.2 Any party may terminate this Agreement sooner for any of the following reasons: a. Any party commits a material breach of any provision hereof and fails to cure the same within a reasonable time after service of reasonable notice of breach upon it, which notice shall identify with particularity the act or omission complained of and the cure that is demanded; b. SOUTH ARAPAHOE reasonably determines that the rate of discharge substantially exceeds the limitations set forth in Section I 0, above; C. from the Land fi II. ENGLEWOOD or the Plant refuses, for good cause, to treat leachate d. THE COUNTY or WMC fail to obtain or maintain an Industrial Wastewater Discharge Permit from ENGLEWOOD, or such permit is revoked pursuant to the terms and conditions of the Englewood Municipal Code, including for any violation of the conditions of such permit, or any violation of the applicable state and federal regulations. e. If in the COUNTY's discretion, the need for disposal of the fluids contemplated by this Agreement is completed, and no need for additional disposal in the foreseeable future is reasonably anticipated. 15. Transmission Liabilities Limited. Neither SOUTH ARAPAHOE, nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by discharge from the Landfill Tap, but nothing herein shall be construed to relieve SOUTH ARAPAHOE from liability or responsibility for its failure or refusal promptly to carry out reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Landfill Tap. Further, nothing in this paragraph shall be construed to prohibit ENGLEWOOD from including costs to repair damage to the Plant caused by discharge from the Landfill Tap in the revenue requirements for its treatment charges applicable generally to all customers served by the Plant. 16. Non-Appropriation. Notwithstanding any of the foregoing, pursuant to C.R.S . § 29-1-110, as amended, the financial obligations of the COUNTY as set forth herein after the current fiscal year are contingent upon funds for the purpose being appropriated, budgeted, and otherwise available. This Agreement is automatically terminated on January I of the first fiscal year for which funds are not appropriated. The COUNTY shall give the other parties hereto written notice of such non-appropriation. Page 6 of 10 17. Miscellaneous Provisions. 17.1 This Agreement shall not be assigned, sold, or transferred by the COUNTY or WMC without the written consent of SOUTH ARAPAHOE. 17.2 This Agreement shall not be used as a legal defense or prohibition to a mandatory consolidation of all existing sewer collection systems and facilities into a single governmental entity created to assume responsibility for sewer service in the area in which the COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under statutory or constitutional authority, as may be the case. 17.3 Should any federal law, rule, permit or regulation or any state law, rule, permit, or regulation, or should a decree or order of a court render void or unenforceable any provisions of this Agreement, in whole or in part, if possible, the remainder shall be of full force and effect. 17.4 This Agreement supersedes, terminates and replaces the Connector's Agreement, the 1985 Agreement, the 1995 Agreement, and all amendments and extensions of any of these agreements, in their entirety. 17.5 The above and foregoing constitutes the whole agreement between the parties, and no additional or different oral representation, promise, or agreement shall be binding upon any of the parties hereto with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties have set their hands and seals, effective the day and year first above written. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 7 of to ATTEST: Barbara LeBlanc, Clerk to the Board (SEAL) ATTEST: Name Title (SEAL) BOARD OF COUNTY COMMISSIONERS, COUNTY OF ARAPAHOE By: Nancy Sharpe, Chair Date: ---------' 20_. CITY OF ENGLEWOOD, COLORADO By: Date: Name Title ---------' 20_. Page 8 of 10 ATTEST: Name Title (SEAL) ATTEST: Name Title (SEAL) SOUTH ARAPAHOE SANITATION DISTRICT By: Date: Name Title _________ ,20_. WASTE MANAGEMENT OF COLORADO, INC. By: Date: Patrick Madej Area Director _________ ,,20_. Page 9 of 10 CONSENT OF SOUTH GA TE SANITATION DISTRICT SOUTHGATE SANITATION DISTRICT, being a party to the Basin Interceptor Agreement, consents to all terms and provisions of the above and foregoing WASTEWATER CONNECTOR AND TRANSMISSION AGREEMENT. Dated this __ day of __________ , 20 __ . ATTEST: Name Title (SEAL) SOUTH GA TE SANITATION DISTRICT By: Date: Name Title ---------' 20_. Page 10 of to ! i l ,oo SCALE N FEET Anticipated Location of Landfill Tap Connection (at "MH-17 A (SASD)") Arapahoe County Leachate Extraction System Countv Line Reconnection