HomeMy WebLinkAbout2017 Ordinance No. 048ORDINANCE NO. 48
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 26
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTIONS 1, 2, 3, 4 AND 5, OF
THE ENGLEWOOD MUNICIPAL CODE 2000 ENTITLED WASTEWATER UTILITY.
WHEREAS, the City of Englewood conducts an Industrial Pretreatment program to
control industrial/commercial wastes entering the wastewater collection and treatment system;
and
WHEREAS, the 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
workers health and safety and improve opportunities to recycle and reclaim municipal and
industrial wastewaters and sludge; and
WHEREAS, the Englewood City Council authorized amending Title 12-2-Wastewater
Utility by the passage of Ordinance No. 6, Series of 2009; and
WHEREAS, the pretreatment program is subject to Environmental Protection Agency
(EPA) oversight and approval and must be kept current with costs, programs, and regulations;
and
WHEREAS, EPA conducted an audit of both the cities of Littleton and Englewood's
Industrial Pretreatment Ordinances, and identified certain Sections which needed to be
amended to meet current EPA Regulatory Standards; and
WHEREAS, in order to conform to these requirements the Englewood Municipal Code
2000 Wastewater Utility will need to be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12, Chapter 2, Section 1, of the Englewood Municipal Code 2000, entitled
General Provisions, to read as follows:
12-2-1: General Provisions.
A. Short Title: This Chapter shall be known as the WASTEWATER UTILITY ORDINANCE.
B. Strict Liability: The Englewood City Council recognizing the threats upon the frail ecology
and expressing great concern for its protection, declares that merely doing any act
prohibited by this Chapter and orders of the City, issued under the provisions of this
Chapter or failing to perform any act required by this Chapter or said orders of the City
violates this Chapter. The violator's intention is not a defense to any violation of this
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Chapter or said order of the City, but intention may be considered as a matter in
aggravation or mitigation.
C. Purpose: It is necessary for the health, safety and welfare of the residents of the City to
regulate the collection of wastewater and treatment thereof to provide for maximum public
benefit. This chapter sets forth uniform requirements for direct and indirect contributors
into the wastewater collection and treatment system for the City and enables it to comply
with all applicable State and Federal laws.
D. Definitions/Abbreviations and Acronyms: Unless the context specifically indicates
otherwise, the following terms and phrases, as used in this chapter, shall have the
meanings hereinafter designated:
Abbreviations and Acronyms: The following abbreviations shall have the designated meanings:
BMPs Best Management Practices
BOD Biochemical Oxygen Demand
BMR Baseline Monitoring Report
oc degrees Centigrade
COPS Colorado Discharge Permit System
CFR Code of Federal Regulations
COD Chemical Oxygen Demand
CWA Clean Water Act (33 USC 1251 et seq.), as amended
EPA Environmental Protection Agency
OF degrees Fahrenheit
FOG Fats, Oils, and Grease
gpd gallons per day
IU Industrial User
mg/L milligrams per Liter
II.IA.If'~ l\lnrth 11----;-: •. ;:,111 I ndustrv r.1::ai=.i=.i i-• ,:. ,n ~ -•-
O&M Operations and Maintenance
POGS Petroleum, Oil, Grease and Sand
POTW Publicly Owned Treatment Works
RCRA Resource Conservation and Recovery Act & Section
SIC Standard Industrial Classification
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SIU Significant Industrial User
SNC Significant Non-Compliance
rss Total Suspended Solids
u.s.c. United States Code
Act or the Act The Federal Water Pollution Control Act, also known as the Clean Water
Act, as amended, 33 U.S.C. 1251 et seq.
Approval Authority: The Regional Administrator of EPA Region 8. At such time as the State
receives authorization, the Approval Authority shall be the Director of the Colorado Department
of Public Health and Environment.
Authorized Representative of the Industrial User.
(a) If the user is a corporation:
( 1) The president, secretary, treasurer, or vice president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation, or
(2) The manager of one or more manufacturing, production, or operating facilities,
provided the manager is authorized to make management decisions that
govern the operation of the regulated facility including having the explicit or
implicit duty of making major capital investment recommendations, and initiate
and direct other comprehensive measures to assure long-term environmental
compliance with environmental laws and regulations; can ensure that the
necessary systems are established or actions taken to gather complete and
accurate information for Industrial Wastewater Permit requirements; and where
authority to sign documents has been assigned or delegated to the manager in
accordance with corporate procedures.
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(c) If the user is a Federal, State, or local governmental facility; a City or highest official
appointed or designated to oversee the operation and performance of the activities of
the government facility, or their designee .
(d) The individuals described in subsections (a) through (c) above may designate
another authorized representative if the authorization is made in writing, the
authorization specifies the individual or a position responsible for the overall
operation of the facility from which the discharge originates or having overall
responsibility for environmental matters for the company, and the written
authorization is submitted to the City.
Best Management Practices (BMP): Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed
in 12-2-S(G..6) eMG Englewood Municipal Code. BMPs are Pretreatment Standards. BMPs
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include treatment requirements, operating procedures, and practices to control plant site runoff,
spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD): The quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure in five (5) days at twenty
degrees Celsius (20° C), expressed in milligrams per liter.
Business C8assifi6ation Code (BCC): A classification of dischargers based on the current
version of Standards Industrial Classification Manual, Bureau of the Budget of the United States
of Amerisa.
Categorical Industrial User. An Industrial User subject to a Categorical Pretreatment Standard
or Categorical Standard .
Categorical Pretreatment Standard or Categorical Standard: Any regulation containing pollutant
discharge limits promulgated by EPA in accordance with sections 307(b) and (c) or the Act (33
U.S.C. Section 1317) that apply to a specific category of users and that appear in 40 CFR
Chapter I, subchapter N, parts 405-471.
Chemical Oxygen Demand (COD): The measure of the oxygen equivalent of that portion of
organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant under
laboratory procedures.
Cf:llorine DeFRane: The amount of chlorine required to produse a free shlorine residual of 0.1
mg/I after a sontast time of fifteen ( 15) minutes as measured by the DPD (N, ~,. Diethyl P
PhenyleneDiamine) Method on a sample at a tem1:1erab:1re of t,.•,enty degrees centigrade (~Q°C)
in sonformanse with 40 C.J;.R., Part 136, as amended.
City. The City of Englewood, Colorado, or designee, including the Supervisory Committee for
the Littleton/Englewood Wastewater Treatment Plant.
Code: The Code of the City of Englewood, commonly known as the Englewood Municipal Code
of 2000, as amended.
Colorado Discharge Permit System (COPS): The State of Colorado program for issuing,
conditioning, and denying permits for the discharge of pollutants from point sources into waters
of the State pursuant to Section 25-8-101 et seq., CRS, 1973 as amended and 402 of the Clean
Water Act (33 U.S.C. Section 1342).
Composite Sample: A representative flow-proportioned sample collected within a twenty-four
(24) hour period constituting a minimum of four (4) individual samples collected at equally
spaced two (2) hour intervals and combined according to flow. Time-proportional sampling may
be approved by the City if flow-proportional sampling is not feasible including where flow
metering is not feasible.
Control Authority. The City of Englewood.
Cooling Water. The water from any use such as air conditioning, cooling or refrigeration, or to
which the only pollutant added is heat.
Daily Maximum; The arithmetic average of an effluent samples for a pollutant collected during a
calendar day as determined from the analysis of any discrete or composited samples collected
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Daily Maximum Limit The maximum allowable discharge limit of a pollutant during a calendar
day Where Daily Maximum Limits are expressed in terms of a concentration, the daily
discharge is the arithmetic average measurement of the pollutant concentration derived from au
measurements taken that day.
Department of Utilities: The Department which is responsible for the operation and maintenance
of the wastewater collection system.
Direct Discharge: The discharge of treated or untreated wastewater directly to the waters of the
State of Colorado.
Director. The Director of Utilities for Englewood or his/her authorized representative or
designee, respectively.
Director's Order. Any order to a user by the Director.
Discharge Rate: That volume of effluent from a user or discharger which has been determined
by the City to be representative of the process effluent from that plant. Such effluent will be
based upon metered water usage unless, in the opinion of the City, significant amounts of water
are diverted and not discharged into the wastewater treatment system.
Domestic (Sanitary) Wastes: Liquid wastes: 1) from the noncommercial preparation, cooking
and handling of food, or 2) containing human excrement and similar matter from the sanitary
conveniences of dwellings, commercial buildings, industrial facilities, and institutions.
Environmental Protection Agency (EPA): The U.S. Environmental Protection Agency, or where
appropriate, the term may also be used as a designation for the Administrator or other duly
authorized official of said Agency.
Existing Source: An industrial user which is in operation at the time of promulgation of Federal
Categorical Pretreatment Standards and any industrial user not included in the definition of
"new source".
Fecal Coliform: Any number of organisms common to the intestinal tract of humans and animals
whose presence in sanitary sewage is an indicator of pollution.
Flow: Volume of wastewater.
FOG (Fats, Oil and Grease): Non-petroleum organic polar compounds derived from animal or
plant sources such as fats. non-hydrocarbons, fatty acids, soaps , waxes, and oils that contain
multiple carbon chain triglyceride molecules. These substances are detectable and measurable
using analytical procedures established in the 40 CFR 136.
FOG Facilities: Any non-domestic dischargers located within the City's service area where
preparation, manufacturing, or processing of food occurs including, but not limited to,
restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, coffee
shops, schools, nursing homes, and other facilities that prepare, service, or otherwise
make foodstuff available for consumption.
Garbage: Solid wastes from the domestic and commercial preparation, cooking and dispensing
of food, and from the commercial handling, storage and sale of produce .
s
Garbage, Properly Ground or Shredded: The wastes from the preparation, cooking and
dispensing of foods that have been ground to such a degree that all particles will be carried
freely under the flow conditions normally prevailing in public sewers, with no particles greater
than one-half inch(½") in any dimension.
Grab Sample: A sample which is taken from a waste stream on a one-time basis with no regard
to the flow and over a period of time not to exceed fifteen (15) minutes.
Gravity Grease Interceptor. A plumbing appurtenance or appliance that is installed in a sanitary
drainage system to intercept FOG (fats, oil and grease) from a wastewater discharge and is
designed for gravity separation considering calculated retention times and volumes for each
facility; such interceptors include baffle(s) and a minimum of two (2) compartments . This is a
large, in-ground interceptor that is generally located outside the facility.
Holding Tank Sewage: Any wastewater from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks, sealed vaults, and vacuum-pump trucks.
Hydromechanical Grease Interceptor. A plumbing appurtenance or appliance that is installed in
a sanitary drainage system to intercept FOG (fats, oil and grease) from a wastewater discharge
and is identified by flow rate, and separation and retention efficiency. The design incorporates
air entrainment, hydromechanical separation, interior baffling, and/or barriers in combination or
separately. This is a smaller interceptor that is generally located inside the kitchen/food
preparation area.
Incompatible (Nonconventional) Pollutant Any nontreatable waste product, including
nonbiodegradable dissolved solids.
Indirect Discharge: The introduction of pollutants into the POTW from any non-domestic source
regulated under Section 307(b), (c) or (d) of the Act.
Individual (Private) System or Wastewater Disposal System: A septic tank, cesspool or similar
self-contained receptacle or facility which collects and/or treats or otherwise disposes of
wastewater and which is not connected to the POTW.
Industrial: Of or pertaining to industry, manufacturing, commerce, trade or business, as
distinguished from domestic or residential.
Industrial Surcharge: That charge assessed against industrial customers based upon the
amount that the strength of their discharged wastewater exceeds normal domestic strength in
the parameters of BOD, COD, or TSS.
Industrial User or Users: Any user who introduces wastewater from industrial processes not to
include sanitary wastes. The introduction of pollutants into the POTW from any non-domestic
source regulated under Section 307(b), (c) or (d) of the Clean Water Act whose discharge is
controlled under Section 5 of this Chapter or a source of indirect discharge.
Industrial Wastes: The liquid or solid wastes from the industrial manufacturing processes, trade,
or business as distinct from sanitary wastewater.
Industrial Wastewater Permit: The document or documents issued to a Significant lndustrjal
User by the City in accordance with the terms of this Chapter that allows, limits and/or prohibits
the discharge or pollutants or flow to the POTW.
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Industrial Waste Survey: A questionnaire used by the City to identify and locate all possible
Industrial Users which might be subject to the POTW Pretreatment Program.
Instantaneous Limit The maximum concentration of a pollutant or measurement of a pollutant
property allowed to be discharged at any time.
Interference: A discharge which, alone or in conjunction with a discharge or discharges from
other sources, both:
(a) Inhibits or disrupts the POTW treatment processes, operations, or sludge processes,
use, or disposal; and
(b) Therefore, is a cause of violation of any requirement of the POTW's COPS permit or
of the prevention of sewage sludge use or disposal in compliance with any of the
following statutory/regulatory provisions or permits issued hereunder, or any more
stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal
Act, including Title II commonly referred to as the Resource Conservation and
Recovery Act (RCRA); any State regulations contained in any State sludge
management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act;
the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection,
Research, and Sanctuaries Act.
Jackson Turbidity Units (JTU): The measure of the optical properties of a sample which causes
light to be scattered and absorbed rather than transmitted in straight lines.
Local Limit Specific discharge limits and BMPs developed, applied, and enforced upon
Significant Industrial Users or Industrial Users issued a discharge permit by the City to
implement the general and specific discharge prohibitions listed in 12-2-51§), E.M.G. Englewood
Municipal Code, Local limits are Pretreatment Standards and are specified at 12-2-5LW,!Zl,
~.M.G. Englewood Municipal Code,
Manager or Plant Manager. The plant manager of the Littleton/Englewood Wastewater
Treatment Plant or their designee responsible for the day-to-day implementation of the industrial
pretreatment program.
Medical Wastes; Include certain radioactive wastes blood and body fluids. potentially infectious
waste. pathological waste. hazardous waste. waste pharmaceuticals and vaccines , sharps.
trauma scene waste, and any other waste determined to pose a sufficient risk of infectiousness
as established by the Colorad o Department of Public Health and Environment.
Metro Wastewater Reclamation District A political subdivision of the State of Colorado. Specific
requirements have been established for Industrial Users that discharge to the Metro Wastewater
Reclamation District's POTW (12-2-5(A)(2)(b)).
New Source:
a. Any building, structure, facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the publication of
proposed Pretreatment Standards under Section 307(c) of the Act that will be
applicable to such source if such Standards are thereafter promulgated in
accordance with that Section, provided that:
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{1) The building, structure, facility, or installation is constructed at a site at which
no other source is located; or
{2) The building, structure, facility, or installation totally replaces the process or
production equipment that causes the discharge of pollutants at an Existing
Source; or
{3) The production or wastewater generating processes of the building, structure,
facility, or installation are substantially independent of an Existing Source at
the same site. In determining whether these are substantially independent,
factors such as the extent to which the new facility is integrated with the
existing plant, and the extent to which the new facility is engaged in the same
general type of activity as the Existing Source, should be considered.
b. Construction on a site at which an Existing Source is located results in a modification
rather than a New Source if the construction does not create a new building,
structure, facility, or installation meeting the criteria of paragraphs (1) or (2) above,
but otherwise alters, replaces, or adds to existing process or production equipment.
c. Construction of a New Source as defined under this paragraph has commenced if
the owner or operator has:
(1) Begun, or caused to begin, as part of a continuous onsite construction
program:
(a) Any placement, assembly, or installation of facilities or equipment; or
(b) Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is necessary
for the placement, assembly, or installation of New Source facilities or
equipment; or
(2) Entered into a binding contractual obligation for the purchase of facilities or
equipment which is intended to be used in its operation within a reasonable
time. Options to purchase or contracts for feasibility, engineering, and design
studies do not constitute a contractual obligation under this paragraph.
Non-Contact Cooling Water. Cooling water that does not come into direct contact with any raw
material, intermediate product, waste product, or finished product .
Non-Significant Industrial User. Any user which does not meet the definition of a Significant
Industrial User, but is otherwise required by the City through permit, order or notice to comply
with specific provisions of this Chapter and is so notified by the City.
Non-Significant Categorical Industrial User, Upon a finding that a Significant Industrial User
subject to Categorical Pretreatment Standards never discharges more than 1 oo gallons per day
of total categorical wastewater <excluding sanitary, non-contact cooling and boiler blowdown
wastewater. unless specifically included in the Pretreatment Standards} the City may determine
the Industrial User a Non-Significant Categorical Industrial User rather than a Significant
Industrial User if the conditions in 40 CFR Part 4O3.3lv}{2} are met.
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Normal Domestic Strength Wastewater. Wastewater, when analyzed in accordance with
procedures established by the EPA pursuant to 40 CFR Part 136, as amended, contains no
more than three hundred (300) mg/I of TSS, five hundred (500) mg/I of COD, and/or two
hundred (200) mg/I of BOD.
North American Industry Classification System fNAICS> · A standard used by Federal statistical
agencies in classifying business establishments for the pumose of collecting. analyzing. and
publishing statistical data related to the u. s. business economy issued by the Executive Office
of the President Office of Management and Budget as amended.
One Year. One year shall mean three hundred sixty-five (365) days.
Pass Through: A discharge which exits the POTW into waters of the United States in quantities
or concentrations which, alone or in conjunction with a discharge or discharges from other
sources, is a cause of a violation of any requirement of the POTW's NPDES permit (including an
increase in the magnitude or duration of a violation).
Person: Any individual, partnership, copartnership, firm, company, corporation, association, joint
stock company, trust, estate, governmental entity or any other legal entity, or their legal
representatives, agents or assigns. This definition includes all Federal, State, and local
government entities.
Petroleum Oil, Grease and Sand (POGS): Any hydrocarbon or petroleum product including oils
and greases, and/or sand, grit, gravel or any other aggregate.
pH: A measure of the acidity or alkalinity of a solution, expressed in Standard Units (SU) and is
calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration expressed
in moles per liter of solution .
POGS Facilities: Any non-domestic dischargers located within the City's service area where
work or service is performed including automotive service, machine shops, automotive care
centers, auto body shops, car washes, or any other facility that generates sand, petroleum oil,
grease or other petroleum product, grit, gravel or other aggregate that may discharge into a
wastewater collection system.
Pollutant: Any dredged spoil, solids, incinerator residue, filter backwash, sewage, garbage,
sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance,
biological material, biological nutrient, toxic substance, radioactive material, heat, malodorous
substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste,
or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g., pH,
temperature, TSS, turbidity, color, BOD, COD, toxicity, or odor) discharged into or with water.
Pollution: The man-made or man-induced alteration of the chemical, physical, biological, and
radiological integrity of water.
Pretreatment or Treatment: The reduction of the amount of pollutants, the elimination of
pollutants, or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of
discharging or otherwise introducing such pollutants into a POlW. The reduction or alteration
can be obtained by physical, chemical or biological processes, or process changes by other
means, except as prohibited by 12-2-5(8)(2)(a) EMC, unless allowed by an applicable
Pretreatment Standard.
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Pretreatment Requirements: Any substantive or procedural requirement related to pretreatment,
other than a Pretreatment Standard imposed on an Industrial User.
Pretreatment Standard or Standard: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies to
Industrial Users. This term includes prohibitive discharge limits established pursuant to 12 2 5G.
12-2-5lB}(2} and includes local limits and Best Management Practices. In cases of differing
standards or regulations, the more stringent shall apply.
Process Wastewater. Any water which, during manufacturing or processing, comes into direct
contact with or results from the production or use of any raw material, intermediate product,
finished product, by-product, or waste product.
Publicly Owned Treatment Works (POTvV): The treatment works as defined by Section 212 of
the Act (33 U.S.C. §1292) which is jointly owned, in this instance, by the cities of Littleton and
Englewood. This definition includes any devices or systems used in the collection, storage,
treatment, recycling, and reclamation of sewage or industrial wastes of a liquid nature and any
conveyances, which convey wastewater to a treatment plant. The term also means the
municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works. For the purposes of this chapter,
POTW shall also include any sewers that convey wastewaters to the POTW from Indirect
Dischargers outside the City who are, by contract or agreement with the City, users of the City's
POTW.
Sand/Oil Interceptor. A plumbing appurtenance or appliance that is installed in a sanitary
drainage system to intercept sand (or other aggregate) and petroleum-based oil and grease
from a wastewater discharge and are designed considering retention times, volumes in gallons
calculated for each facility, and gravity separation; such interceptors include baffle(s) and a
minimum of two compartments.
Sanitary Sewer. A sewer which carries domestic and/or non-domestic wastewater or sewage
and to which storm, surface, and ground waters are not intentionally admitted, including the pipe
or conduit system and appurtenances, for the collection, transportation, pumping and treatment
of sewage. This definition shall also include the terms "public sewer," "sewer system," "sewer,"
and "collection line."
Septic Waste Receiving Facility (SWRF): The receiving facility located on the
Littleton/Englewood Wastewater Plant's property designated for receiving trucked and hauled
septage into the POTW.
Service Line (Private Sewer): The wastewater collector line extending from the wastewater
disposal facilities of the premises up to and including the connection to the sanitary sewer.
Shall, Will, May. "Shall" and "will" are mandatory; "may" is permissive.
Significant Industrial User.
a. All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR
403.6 and 40 CFR Chapter I, Subchapter N; and
b. Any other industrial user that:
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(1) Discharges an average of twenty-five thousand (25,000) gallons per day or
more of process wastewater to the POTW (excluding sanitary, non-contact
cooling and boiler blowdown wastewater);
(2) Contributes a process waste stream which makes up to five percent (5%) or
more of the average dry weather hydraulic or organic capacity of the POTW
treatment plant;
(3) Is designated by the City on the basis that the Industrial User has a reasonable
potential for adversely affecting the POTW's operation or for violating any
Pretreatment Standard or Requirement.
Significant Non-Compliance (SNC): Any Industrial User is in significant non-compliance if its
violation meets one or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six percent (66%) or more of all of the measurements taken during a six (6)
month period exceed (by any magnitude) a numeric Pretreatment Standard or
Requirement, including instantaneous limits, as defined by 12-2-1D;
b. Technical Review Criteria (TRC) violations, defined here as those in which thirty-
three percent (33%) or more of all of the measurements for each pollutant parameter
taken during a six (6) month period equal or exceed the product of the numeric
Pretreatment Standard or Requirement including instantaneous limits, as defined by
12-2-1D multiplied by the applicable TRC (TRC = 1.4 for BOD, TSS, fats, oil, and
grease, and 1.2 for all other pollutants except pH);
c. Any other violation of a Pretreatment Standard or Requirement as defined by 12-2-
1 D (daily maximum, long-term average, instantaneous limit, or narrative standard)
that the POTW determines has caused, alone or in combination with other
discharges, interference or pass-through (including endangering the health of POTW
personnel or the general public);
d . Any discharge of a pollutant that has caused imminent endangerment to human
health, welfare, or the environment or has resulted in the POTW's exercise of its
emergency authority to halt or prevent such a discharge;
e. Failure to meet, within ninety (90) days after the schedule date, a compliance schedule
milestone contained in a local control mechanism or enforcement order for starting
construction, completing construction, or attaining final compliance;
f. Failure to provide, within thirty (30) forty-five (45) days after the due date, required
reports such as baseline monitoring reports, compliance reports, periodic self-
monitoring reports, and reports on compliance with compliance schedules;
g. Failure to accurately report non-compliance;
h. Any other violation or group of violations, which may include a violation of Best
Management Practices, which the POTW determines will adversely affect the
operation or implementation of the local pretreatment program.
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Sludge: The accumulated solids separated from liquids, such as water or wastewater, during
processing, or deposits on bottoms of streams or other bodies of water, or the precipitate
resulting from chemical treatment, coagulation, or sedimentation of water or wastewater.
Spill or Slug Discharge: Any discharge at a flow rate or concentration, which could cause a
violation of the prohibited discharge standards in 12-2-5 8,4 ~ or local limits specified at 12-
2-5 ~. ~ A spill or Slug Discharge is any discharge of a non-routine, episodic nature,
including, but not limited to, an accidental spill or a non-customary batch discharge, which has a
reasonable potential to cause interference or pass-through, or in any other way violate any
provision of this chapter, including discharges which exceed the hydraulic and/or design of a
users treatment system.
Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of Management
and Budget, as amended.
Standard Specifications: The current specifications used by the City of Englewood in the
construction of public sewers.
State: State of Colorado.
State Waters: Any and all surface and subsurface waters which are contained in or flow in or
through this State, except waters in sewage systems, waters in treatment works or disposal
systems, waters in potable water distribution systems, and all waters withdrawn for use until use
and treatment have been completed.
Storm Sewer. Publicly owned facilities by which stormwater is collected or conveyed, including,
but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets,
piped storm drains, pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Storrnwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of
natural precipitation and resulting from such precipitation, including snowmelt.
Supervisory Committee: The Committee is comprised of two (2) representatives each from the
City of Englewood and the City of Littleton. This Committee is responsible for administrative and
operational oversight of the Littleton/Englewood Wastewater Treatment Plant, including
implementation of the Industrial Pretreatment Program.
System Development Charge: That charge assessed against new users of the wastewater
treatment system to finance capital improvement of the wastewater treatment system.
Total Suspended Solids (TSS): The total suspended matter, expressed in milligrams per Liter,
that floats on the surface of, or is suspended in, water, wastewater, or other liquids, and which is
removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136,
as amended.
Toxic Pollutants: Any pollutant or combination of pollutants listed as toxic in regulations
promulgated by the Administrator of the EPA under the provisions of section 307(a) of the Act
(33 U.S.C. §1317(a)) or as otherwise listed at 40 CFR part 122, appendix D.
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Unpolluted Water. Water of quality equal to or better than the State or Federal effluent criteria in
effect, or water that would not cause violation of receiving water quality standards and would not
be benefitted by discharge to the sanitary sewers and wastewater treatment facilities provided.
IJ.6er: Any person who sontributes, sauses or permits the sontribution of waste11.•ater into the
POT\!\'.
Viscosity. The property of a fluid that resists internal flow by releasing counteracting forces.
Wastewater (Sewage): Liquid and water-carried industrial wastes and/or sewage from
residential dwellings, commercial buildings, industrial and manufacturing facilities, and
institutions, whether treated or untreated, which are contributed to the POTW.
Wastewater Control Permit: The document or documents issued to an industrial user or group
of users <who is not otherwise a Significant Industrial User} by the City in accordance with the
terms of this Chapter that allows, limits and/or prohibits the discharge or pollutants or flow to the
POTW,
Wastewater Treatment System, Wastewater Utility, or Wastewater System: a) Any devices,
facilities, structures, equipment or works owned or used by the City for the purpose of the
transmission, storage, treatment, recycling, and reclamation of industrial and domestic wastes
from within or without the City, or necessary to recycle or reuse water at the most economical
cost over the estimated life of the system, including intercepting sewers, outfall sewers,
collection lines, pumping, power, and other equipment, and their appurtenances, and excluding
service lines; b) extensions, improvements, additions, alterations or any remodeling thereof; c)
elements essential to provide a reliable recycled supply such as standby treatment units and
clear well facilities; and d) any works, including the land and sites that may be acquired, that will
be an integral part of the treatment process or is used for ultimate disposal of residues resulting
from such treatment.
Winter Quarler Water Use: The lowest average daily amount of water delivered during a reading
period through the meter of the user during the following periods:
13
Water Usage Periods for Computing Sewer Rates
Inside City
Meter Reading Period
Cycle 03 Nov. 1st -May 10
Cycle 01 Dec. 1st -Mid March
Cycle 02 Oct. 1st -Mid April
Outside City-
Meter Reading Period
All water meter consumption
numbers from water districts October 1 -
other than Englewood
Bill Date
Mar. 1, or June 1
Apr. 1
Feb. 1, or May 1
Bill Dates
June 1
July 1
August 1
May 15 Sept. 1
Oct 1
Nov. 1
Dec. 1
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12, Chapter 2, Section 2, of the Englewood Municipal Code 2000, entitled
General Regulations, to read as follows
12-2-2: General Regulations.
A. Supe,vision:
1. The City shall be responsible for the management of the wastewater collection
system served by the City and all of the property pertaining thereto. The City shall
see that such system is kept properly cleaned and in good working order and repair.
The City shall ensure proper compliance with all local, State and Federal ordinances,
statutes, laws, and regulations for collection of wastewater and shall perform all other
duties in connection with such system as may be required.
2. The City shall be responsible for the management of the Littleton/Englewood
Wastewater Treatment Plant and all of the property pertaining thereto. The City shall
14
see that such system is kept properly cleaned and in good working order and repair.
The City shall ensure proper compliance with all local, State and Federal regulations
for treatment and discharge of wastewater and shall perform all other duties in
connection with such system as may be required.
3. The City may adopt rules and regulations in the respective areas of responsibility of
utilities and wastewater treatment, jointly or individually, consistent with the
provisions of this Chapter for the administration of the wastewater system. Rules and
regulations adopted shall pertain to, but shall not be limited to, discharge, limitations,
pretreatment requirements, standards for installation of wastewater lines and
services, and implementation of standards promulgated pursuant to the Act and as
established in this Chapter.
4. The City shall keep such records and prepare such reports concerning the
wastewater utility. The City Manager shall keep the City Council advised of the
operations, financial conditions and future needs of the City and shall prepare and
submit to the City Council, at least annually, a report covering the activities of utilities
and wastewater treatment, including a statement of revenues and expenditures of
the preceding year.
5. The City shall have the power to formulate and promulgate directives, regulations,
and orders implementing and consistent with the provisions of this Chapter.
6. The City shall coordinate with and provide appropriate oversight of the Industrial
Pretreatment Program under the direct supervision of the manager of the
Littleton/Englewood Wastewater Treatment Plant and as specified in section 12-2-5
of this Chapter.
B. General Sewer Use Requirements:
1. All wastewater shall be discharged to the POTW except as provided hereinafter.
2. It shall be unlawful to discharge from any premises within the City, or into any area
under the jurisdiction of the City, or into a district or jurisdiction under contract with
the City for treatment of sanitary sewage, into and upon any public highway, stream,
watercourse, or public place, or into any drain, cesspool, storm or private sewer, or
natural water outlet, any sewage or other polluted waters, except where suitable
treatment has been provided in accordance with provisions of this Chapter and local,
State and Federal laws.
3. It shall be unlawful for any person, in any way, to damage any property, equipment
or appliance constituting or being a part of the City wastewater utility or for any
person to trespass upon the property of the City, to tap any sewer main or to make
any connections therewith, to deposit any type of refuse into manholes or in any
manner to interfere with the wastewater utility or the property, equipment, manholes,
piping or appliances of the wastewater collection system and treatment facilities.
4. It shall be unlawful for any Industrial User to discharge non-domestic wastewater in
violation of Section 12-2-5 of this Chapter.
C. Discontinuance of Privy Vaults, Cesspools, Septic Tanks and Outhouses:
15
1. Connection Required. All improvements now using privies, vaults, outside toilets,
cesspools, septic tanks, grease traps, leach fields or other sewage disposal facilities
in the City, or hereafter in the City, shall be connected with the public sewer lines of
the City or any sanitation district in the City, provided such public sewer line has
been brought within four hundred feet (400') of any part of such dwelling or
improvement requiring sewage disposal service, and provided that such connection
shall only be required when such privies, vaults, outside toilets, cesspools, septic
tanks, grease traps, leach fields or other sewage disposal facilities fail to function
properly so that they have to be repaired so as to make them usable.
2. Abandonment of Privies, Cesspools, Septic Tanks. All outside toilets, privies, vaults,
cesspools, septic tanks, grease traps and leach fields now existing in the City where
any part of the dwelling or improvement is located within four hundred feet (400') of a
public sewerage line of the City, or of a sanitation district of the City shall be
abandoned and no longer used, in the event that any one of such items shall be
overflowing, full or not functioning properly, so that it has to be repaired, in which
event the owner of such premises shall immediately make arrangements to connect
the improvements using such facilities and such connection shall be made within
sixty (60) days by owner at owner's expense.
3. The contents of privy vaults, septic tanks, cesspools, or outhouses within the limits of
the City shall not be removed therefrom, nor shall the same be transported through
any street, alley or public place within the City, except in a sanitary manner, through
or by means of airtight tanks, if soft and mixed with matter, and if solid or dry, in tight
covered tanks in such manner as shall prevent the escape of any noxious gases or
offensive odors and preserve such contents from sight or exposure during cleaning,
and such removal shall be kept and maintained in sanitary condition and shall be
subject to inspection by the Department of Health of the County.
D. New Construction:
1. Connection With City Sewer Line Required. All new construction of dwellings and
improvements requiring sewer disposal service in the City shall connect such
dwelling or improvement with the sewer line of the City or such sanitation district.
2. Use of Temporary Toilet Facilities During Construction. During the construction of
any dwellings and improvements, temporary toilet facilities may be used in
accordance with the regulations of the Tri-County Health Department or of the State
Board of Health, and as soon as such dwelling or improvement is connected to the
public sewers, such use shall be abandoned and all evidence of such use properly
covered or disposed of.
E . Manhole Covers. No person shall open any sewer manhole without the permission of the
City.
F. Special Agreements and Contracts. No statement contained in this section shall be
construed as prohibiting special written agreements between the POTW and any other
person allowing industrial waste of unusual strength or character to be admitted to the
POTW from any part or parts of such POTW, or person or persons living outside the
boundaries of the POTW, upon such terms and conditions and for such periods of time
16
as may be deemed reasonable. However, no such agreement with a categorical user
shall allow standards less stringent than the applicable National Categorical
Pretreatment Standard.
G. Prohibited Connections. It is unlawful for any person, corporation, or other business entity,
either in person or through an agent, employee, or contractor to make, allow or cause to
be made any connection to the POlW for the purpose of servicing property outside the
boundaries of the POlW, except upon recommendation of the City and the approval of the
City Council.
H. Private Wastewater Disposal:
1. Private Disposal.
a. Prior to commencement of construction of a private wastewater disposal
system, the owner or his agent shall first obtain written permission from the City
for submission to the Health Department.
b. The owner or his agent shall operate and maintain the private wastewater
disposal facilities at his sole expense and in compliance with all Federal, State,
and local laws, rules and regulations.
c. No statement contained in this section shall be construed to interfere with any
additional requirements which may be imposed by the Health Department or
the City.
d. The type, capacity, location, and layout of an individual wastewater disposal
system shall comply with all standards of the Health Department. No permit
shall be issued for any individual wastewater disposal system employing
subsurface soil absorption facilities where the area of the lot does not meet the
regulations imposed by the Health Department and in no event where the area
of the lot is less than fifteen thousand (15,000) square feet.
e. The Health Department shall be allowed to inspect the work under this division
at any stage of construction; and, in any event, the applicant for the permit shall
notify the Health Department when the work is ready for final inspection and
before any underground portions are covered. The inspection shall be made
within forty-eight (48) hours of the notice by the City, exclusive of Saturdays,
Sundays and legal holidays.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12, Chapter 2, Section 3, of the Englewood Municipal Code 2000, entitled Fees
and Charges, to read as follows:
17
12-2-3: Fees and Charges.
A. Purpose. It is the purpose of this section to provide for the payment of all POTW costs,
including costs of the City. The total annual cost of operation and maintenance shall
include, but need not be limited to, labor, repairs, equipment replacement, maintenance,
necessary modifications, power, sampling, laboratory testing and a reasonable
contingency fund. The charges will be based upon the quality and quantity of user's
wastewater, and also upon the capital and operating costs to intercept, treat, and dispose
of wastewater. The applicable charges shall be as set forth herein.
B. General. There is hereby levied and charged on each lot, parcel of land and premises
served by or having sewer connection with the sanitary sewer of the City or otherwise
discharging sanitary sewage, industrial wastes or other liquids , either directly or indirectly ,
into the City sanitary sewer system an annual service charge which shall be computed and
payable as follows:
1. The charge for sewage treatment shall be based on the gallonage of water
delivered to the premises during the lowest water meter reading period falling
between October 1 and May 15. This gallonage converted to an annual equivalent
and multiplied by the annual rate per one thousand (1,000) gallons provides the
annual treatment charge.
2. A charge for sewer collection system maintenance shall be established annually by
action of the City Council where premises are served by the City collection system.
Where the City does not own and maintain the collection system, the City will
collect charges for maintenance of same only when authorized by the terms of
contract between the City and the sanitation district.
3. Where water at any premises is taken through multiple meters, the charge for
sewage treatment shall be based on the gallonage of water delivered to the
premises through all of the meters during the appropriate water meter reading
period falling between October 1 and May 15, or the sum of the minimum charges
for each meter, whichever is greater. However, one (1) bill for all sewage
treatment, composed of the sum of minimum charges for each meter used, or a
single quantitative charge for all sewage treatment may be issued in the following
cases:
a. Where water service is taken through a combination of meters or through
meters on two (2) or more service pipes, if water serviced through each of
such meters and service pipes is delivered and used on the same property
for one general purpose, or the premises is a single enterprise on an
integrated holding of land, undivided by public streets, roads or alleys; and
b. For each public school entity, even though the meters may be situated on
separate properties.
4. Where water usage information is not available sewage service charges shall be
computed using the current rate per one thousand (1,000) gallons and based on the
following normal usage by class, as follows:
18
2 Months 3 Months 12 Months
~-Single-family dwellings 14 121 B3
b. Multi-family dwelling units 9 13 52
K:. Mobile home units 5 B 152
kt Commercial (by meter size/capacity)
5/8 inch 19 129 116
¼inch 129 44 176
1 inch 149 73 1292
1½ inches 97 146 584
~inches 156 234 936
3inches 311 i467 1,868
14inches 1487 ~30 2,920
Binches 973 1,460 5,840
Normal usage by class will be checked by tabulation and averaging at least every five (5) years
to detect and adjust for changes in patterns of water usage.
5. The minimum charge per year for sewage treatment service, by customer class, shall
be a percentage of flat rate charge, this amount representing the fixed portion of
operation and maintenance (O&M) costs.
6. Outside City customers will be charged one hundred five percent (105%) of the
amount charged inside City customers for similar service to compensate for
additional infiltration from the longer interceptor lines. This factor has been included
in the flat rate and minimum rate tables in subsection B 9 below.
7. Charges for service to customers inside the City limits shall be billed in quarter-
annual installments in advance. Charges for sewer only service outside the City may,
at the discretion of the City, be billed annually where this would not conflict with
special provisions of a connector's agreement. All bills are due and payable as of the
billing date and become delinquent thirty (30) days after the billing date.
8. User charges shall be reviewed annually and revised periodically to reflect actual
treatment works O&M costs.
9. The following rates became effective January 1, 2011:
19
Sewage Treatment Charge per 1,000 gallons $2.5243
Collection System Charge per 1,000 gallons $0.3362
Total: $2.8605
SCHEDULE I SCHEDULE II SCHEDULE 111 SCHEDULE IV
Customer In City In City ::>utside City Outside City
Class City Sewers District Sewers District Sewers District Sewers
Billed Quarterly Billed Quarterly Billed Annually Billed Quarterly
Flat Min. Flat Min. Flat Min. Flat Min.
Rate Rate Rate Rate
Single
Family $60.19 $54.75 $53.10 $48.26 $222.47 $202.57 $55.67 $50.69
Dwelling
Multi
Family $37.28 $33.94 $32.89 $29 .89 $138.10 $125.43 $34.55 $31.38
Per Unit
Mobile
Home $22.95 $20.85 $20.23 $18.43 $85.03 $77.18 $21.28 $19.34
Per Unit
Commercial & Industrial (by meter size)
5/8" $82.91 $75.53 $73.29 $66.65 $307.47 $279.76 $76.89 $69.98
¼" $125.90 $114.56 $111.12 $101.15 $466.64 $424.41 $116.69 $106.13
1" $208.76 $189.91 $184.35 $167.76 $774.04 $704.12 $193.53 $176.06
1½" $417 .46 $379.94 $368.50 $335.35 $1,548.05 $1,408.21 $387.05 $352.08
12" $669 .15 $609.02 $590.65 $537.44 $2,480.59 $2,257.56 $620.19 $564.43
3" $1 ,335.57 $1,215.31 $1, 178.8~ $1,072.61 $4,950.30 $4,505.42 $1,237.60 $1 , 126.3f
4" $2,087.SE $1,899.8( $1,842.5~ $1,676.75 $7,738.30 $7,042.05 $1,934.62 $1,760.54
6" $4,175.2~ $3,799.5~ $3,685.0C $3,353.30 $15,477 .11 $14,084.0~ $3,869.31 $3,521.m
8" $6,634.22 $6 ,037 .1€ $5,838.0f $5,312.57 $24,593.8~ $22,380.3~ $6,148.40 $5,595.16
10" $9,536.7.11 $8,678.5~ $8,392.4S $7,637.0C $35,353.7S $32,171.8E $8,838.39 $8,043.12
Minimum charges both inside and outside the City are ninety-one percent (91%) of the flat rate
charge for the customer class involved.
20
10. All fees and charges listed under this Section 12-2-3, shall be subject to a cumulative
increase for the next three (3) years (2013 to 2015) as follows:
On January 1, 2013, the existing fees and charges shall be increased by the amount
of four percent (4%) above the January 1, 2011, fees and charges .
On January 1, 2014, the existing fees and charges shall be increased by the amount
of four percent (4%) above the January 1, 2013, fees and charges.
On January 1, 2015, the existing fees and charges shall be increased by the amount
of four percent (4%) above the January 1, 2014, fees and charges.
C. Special Cases:
R
.91
NW
365
V
1. A school operating on a nine-month (9) school year, which supplies documentation
to the City verifying the nine-month (9) schedule and which applies for a nine-month
(9) operating status, shall be billed seventy-six percent (76%) of the charges which
would normally accrue for similar usage by a residential customer.
2. Industries, car washes and other establishments where summer irrigation water is
not significant or where seasonal business fluctuations are more significant than
irrigation usage shall be billed based on annual rather than winter period water
usage.
3. Customers with delivery flow characteristics significantly different from those of a
single-family dwelling shall pay an additional readiness to serve fee based on the
following formula:
.91 x NW R-V 365 where:
= Annual delivery flow rate characteristics charge
= Readiness to serve portion of O&M costs
= Customer's annual nonworking days
= Number of days in calendar year
= Annual volume charge for wastewater treatment
4. Other Cases: Where the procedures above are not applicable, or when application of
same would work an obvious and significant injustice to the customer, a rate shall be
established by the City based on reasonable estimates of projected flow.
21
D. SlgnlfiGaRt Permitted Industrial Users:
SC
SC
a
8.34
1. Industries that are permitted as Significant Industrial Users or have been issued a
Wastewater Control Permit and that discharge wastewater with BOD, COD and/or
TSS in excess of Normal Domestic Strength Wastewater (12 2 11, 8.31 12-2-
l(Ql) will be charged for the cost of handling treatment of these wastes calculated
based upon the net excess loading. The use of surcharges does not permit the User
to otherwise exceed any local limits specified at 12-2-44,G 5{8}(2). or Federal and
State Pretreatment Standards.
2. The City shall require payment to cover the added cost surcharge of handling and
treating the wastes as determined by the following formula:
= Q x 8.34 [UCo (AOD) + UCs (SS-300))
= annual surcharge in dollars and cents
,= wolume of sewage discharged to the public sewer in million gallons per year
I= conversion factor; 1 gallon of water to pounds
UCGQ = unit charge for AOD in dollars per pound ($0.02)
(i) If COD/ BODS is less than 3.0, then AOD=(BODS -200 mg/I)
(ii) If COD/ BODS is greater than 3 .0, then AOD=(COD-500 mg/I)
A.OD = A.dditional Oxygen Demand strength index in milligrams per liter
COD = Chemical oxygen demand strength index in milligrams per liter
BODS= 5 day biochemical oxygen demand strength index in milligrams per liter
ucs~ = unit charge for SS in dollars per pound ($~ OJJ.)
ss = suspended solids strength index in milligrams per liter
200 = normal BODS strength in milligrams per liter
300 = normal SS strength in milligrams per liter
500 = normal COD strength in milligrams per liter
The application of the above formula provides for a surcharge for BOD, COD and/or TSS. If the
concentration of these pollutants is less than that of Normal Domestic Strength Waste, the User
shall not receive a surcharge nor given a credit to the total surcharge.
3. Payment rates shall be computed for ICR customers based on the following basic
capital costs of the 8i City plant POTW:
Q (Volume): $1,386.83 per 1,000 gallon day of capacity
BOD: $91 .86 per pound day of capacity
SS: $105.63 per pound day of capacity
22
4. Specific individual rates will be calculated based on the volume strength and rate of
flow in accordance with current Federal guidelines.
Adjustments to individual rates will be made annually or more frequently, whenever
evidence is received that a major change in wastewater volume and/or
characteristics has occurred. Payment will commence within one (1) year of the date
of initiation of service through the Bi City plant POTW .
.5... Industrial Users identified for inclusion into an applicable Sector Control Program
may be charged for the costs incurred by the City for re-inspections due to failure to
correct non-compliances or violations identified during a sector control inspection A
fee of $1 oo may be assessed for each inspection required until completion of
violation remedy,
6. Sanitation Districts may be charged for the cost incurred by the City for inspecting
Industrial Users included in or added to based on inspection results, the City's Fats,
on and Grease <FOG) or Petroleum on, Grease and Sand {POGS} Sector Control
Program. The City may charge $50 per inspection for facilities contributing
wastewater to the POTW from locations outside of the City boundary.
E. Restoration of Se,vice. Sewer service shall not be restored until all charges, including the
expense of termination and charge for restoration of service, have been paid.
F. Collection Procedures:
1. Charges Responsibility of Owner. All fees and charges shall be chargeable against
and payable by the owner of the premises receiving sewer services.
2. Periodic Billing Statements:
a. The City shall cause billings for wastewater treatment and/or water charges to
be rendered periodically at rates established.
b. Billings for charges and any other notices shall be effective upon mailing said
billing or notice to the last known address of the user as shown on City records.
c. Service charges provided in this Chapter shall be billed and paid in full within
thirty (30) days from date of billing. Partial payments may be approved by the
City Manager or designee on a case by case basis provided that the total bill
shall be paid in full no more than three months after the original billing date.
The City Manager or designee shall develop polici es that set forth the
conditions under which a partial payment plan may be granted. The City shall
bear no responsibility to provide the customer with any kind of reminder
notices. If the payment arrangement is not kept, all applicable late fees and
penalties shall apply.
d. If sewer rates are changed or l:l5eFS customers institute or terminate service
other than on established billing dates, the bill shall be prorated .
3. When payment of City utility services is received, the City shall apply said payment
to satisfy all stormwater enterprise fund charges first, all concrete utility fund charges
23
second, all sanitary sewer fund charges shall be satisfied next, and lastly, water fund
charges shall be satisfied, in that order.
G. Delinquency and Collection:
1. Fees and charges levied in accordance with this Chapter shall be paid within thirty
(30) days from the date of billing to the City. If the bill is not paid within thirty (30)
days after billing, it shall be deemed delinquent, whereupon a delinquency charge
not to exceed the amount of fifteen dollars ($15.00) or up to five percent (5%) per
month, or fraction thereof, not to exceed a total of twenty-five percent (25%) of the
amount due, whichever is greater shall be imposed for collection services. Interest in
the amount of eighteen percent (18%) per year shall be charged on the amount due
only.
2. Non-payment. All sewer charges and surcharges, including, but not limited to,
collection charges, pretreatment charges, monitoring charges, shall be a lien upon
the property to which sewers are connected from the date said charges become due
until said charges are paid. The owner of every structure or premises shall be liable
for all sewer charges for users on his premises, which lien of liability may be
enforced by the City by action at law to enforce the lien. In case the tenant in
possession of any premises shall pay the sewer charges, it shall relieve the
landowner from such obligations and lien, but the City shall not be required to seek
payment from any person whomsoever other than the owner for the payment of
sewer charges. No change of ownership or occupation shall affect the application of
this subsection, and the failure of any owner to discover that he purchased property
against which a lien for sewer service exists shall in no way affect his liability for such
payment in full. Said delinquent payments, and the lien created thereby, shall be
enforced by assessment upon the property and premises so served and certification
thereof to the County Treasurer for the collection under and in pursuance as
provided for in this Code.
H. Disconnection Clause:
1. The City may disconnect within the City or contract areas served by the City for
accounts delinquent more than ninety (90) days. Notice shall be given to last known
address of user or owner thirty (30) days prior to disconnection. All costs of
disconnection shall be repaid at the time of reconnection.
2. When the premises to which· such service is provided are located without the limits of
the City, failure to pay the rates and charges for treatment and disposal of sanitary
sewage when due shall be cause for the City Clerk to certify to the county
commissioners of the county in which said delinquent user's property is located the
charges due and unpaid, on or before November 1 of each year, and thereupon and
until paid, the same shall be a lien upon the real property so served by said
sewerage system and shall be levied, certified, received or collected by sale annually
from year to year by the proper county officials as are general taxes, and the
proceeds therefrom remitted to the City of Englewood; provided, that if the premises
are supplied with City water services, such service may be shut off until such rates
and charges for treatment and disposal of sanitary sewage shall have been paid.
24
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12, Chapter 2, Section 4, of the Englewood Municipal Code 2000, entitled
Private Sewers, Connections and Repairs, to read as follows:
12-2-4: Private Sewers, Connections and Repairs.
A. Buildings to Have Separate Connections. Each premises, property or building(s) situated
on a premises or property in a manner which would allow the premises or property to be
subdivided and the building(s) sold separately shall be served by a separate service
connection directly to the nearest main without crossing other adjoining premises or
properties, and no connection shall be made by extending the service from one property,
premises or building to another property, premises or building. Each separate building in a
planned unit development shall have a separate sewer service line. Exceptions to this
requirement may be granted by the City Manager or designee with the concurrence of the
Water and Sewer Board upon a review of a written request of the property owner, in which
the property owner illustrates with both written and graphic descriptions, why the exception
should be granted. Existing premises, properties or buildings which do not conform to this
requirement may maintain their service connection configurations unless and until such
time, in the opinion of the City Manager or designee with the concurrence of the Water and
Sewer Board, the service must be separated.
B. Old Private Sewers. Upon demolition of an existing structure or replacement of sewer
lines, the use of existing or aging cast iron, clay tile or concrete sewer service pipes will
not be permitted by the City at new buildings. The old sewer service must be replaced
from the building to the main with approved pipe. Owner/occupants of properties who
desire to replace a building with the intent to occupy it themselves may seek a variance
from the Water and Sewer Board if the existing pipe is found by Utilities Department
inspectors to be in sound condition. Utilities Department inspectors may require all
necessary tests to conclusively establish the condition of the existing sewer service pipe.
Abandoned private sewers shall be plugged at the sewer main and at the user's expense
upon discontinuance of service. The plug of the old private sewer must be inspected and
approved by the City. A plan review and inspection fee will be charged by the City.
Existing sewer saddles or wye connections may be used for new sewer services if
approved by Utilities Department inspectors. If an abandoned sewer service is not plugged
at the main within thirty (30) days, the City may perform the disconnection and may charge
time and materials against the property either through the next regular quarterly water bill
or by lien as provided in 12-10-2 EMC.
C. Design and Construction. The size, slope, alignment, and materials of construction of a
private sewer, and the methods to be used in excavating, placing of pipe, jointing, testing,
and backfilling the trench and all other work shall conform to the requirements of the
Building and Plumbing Code or other applicable codes, laws, rules and regulations of
Federal, State, and local entities.
D. Private Lift Stations. Sewage lift stations shall be prohibited except in structures where it
can be clearly demonstrated to the satisfaction of the City Manager or his representative
that the sewer discharge pipe cannot be located to allow gravity flow to the public sewer.
Sanitary sewage discharge from such structures shall be lifted and discharged to the
25
sewer by means of a sewage lift station that shall be located inside the building to be
served, which sewage lift station shall be owned, operated and maintained by the user.
Sewage lift stations may be located outside buildings only with the approval of the Water
and Sewer Board after submission of compelling evidence that no alternative arrangement
is or was possible. Outside building lift stations approved by the Water and Sewer Board
must have bolt-down, gasketed lids, vents that extend above the building roofline, and
water tight containment structures with top, rim elevations that extend at least six inches
(6") above the rim elevation of the nearest toilet bowl. Furthermore, the property owner
shall enter into an agreement with the City of Englewood, which agreement shall bind the
owner and all future successors and assigns, whereby, should the lift station overflow, the
City shall be held harmless and indemnified against all State and Federal fines, penalties
and legal actions.
E. Installation and Maintenance. All costs and expenses incidental to the installation and
connection of the private sewer shall be borne by the applicant who shall retain or employ
a licensed sewer contractor or plumber to make connection to and install a sewer.
The service line from the public sewer main line to the structure to be served shall be
installed by the property owner at his/her expense. The owner shall hold the City harmless
for any loss or damage that may directly or indirectly be occasioned by the installation of
the service line or the malfunction of any old private sewer.
The owner of any property connecting to the POTW shall be responsible for the
maintenance of the service line from the public sewer to the structure to be served . The
owner shall keep the service line for which he/she is responsible in good condition and
shall replace at his/her expense any portions thereof which, in the opinion of the City, have
become damaged or disintegrated as to be unfit for further use, or is in such condition to
permit infiltration into the system. All repairs shall be completed within thirty (30) days after
notification and shall be completed by a bonded contractor. The owner shall be
responsible for returning the public right of way and the street to acceptable City
standards.
F. Permit Required. Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the City.
G. Connection Requirement
1. The applicant for the private sewer permit shall notify the City when the private sewer
is ready for inspection and connection to the public sewer. The applicant must have
secured a permit and have met all City requirements. The connection shall be made
under the supervision of the City's representative.
2. The owner of any structure used for human occupancy, employment or activity,
situate w ithin the City, may be required at such owner's expense to connect such
structure to a public sewer, if such a public sewer is within four hundred feet (400') of
the property line of the property upon which the structure is located. Such connection
shall be made within ninety (90) days after notice from the City is served on the
owner of the property affected; provided, however, that in the event compliance with
this Subsection causes severe economic hardship to said person, he/she may apply
to the City for exemption from this Subsection. Such applications shall state in detail
26
the circumstances which are claimed to cause such economic hardship. Such
exemptions shall only be granted to residential users, shall not apply to other users,
and shall be granted only for such time as the demonstrated hardship exists.
Service shall be considered complete upon delivery of the notice to the owner of the
property or by posting a copy of the notice on the property in question in a
conspicuous place and by mailing a copy of such notice, registered mail, to the
record owner of the property as disclosed and at the address shown in the current
records of the Arapahoe County Assessor.
3. If a public sewer is not available within four hundred feet (400') of the property line of
the property upon which a house or building is located, a private sewage disposal
system constructed in accordance with applicable regulations of the Health
Department shall be utilized to dispose of sewage.
4. In cases where a public sewer was not previously available within four hundred feet
(400') of the property line of a property but a public sewer later becomes available
within such distance, the owner may be required to connect with the public sewer as
provided in Subsection H2 above. In such event, after the connection is completed,
the private sewage disposal system shall be emptied, cleaned and filled with sand or
dirt.
5. It shall be unlawful for any person to deposit or discharge, or to cause to be
deposited or discharged, to any wastewater collection facilities any solid or liquid
waste unless through a connection approved by the City.
H. Damage to POTW. Any person who maliciously, willfully, or negligently breaks, damages,
destroys, uncovers, defaces, or tampers with any structure, appurtenance or equipment
which is part of the POTW shall be subject to such action and penalty as provided in
Section 12-2-6 of this Chapter and Section 12-2-5 for Industrial Users.
I. Septic Waste Fees and Charges. The wastewater or septic tank waste hauler permit fee
shall be one hundred dollars ($100.00). Ysef sCharge for disposal of hauled wastewater
or septage shall be ~ nine cents ($G:-OO 0,09) per gallon.
J. New Construction Over Existing Sewer Service Lines. If a property owner wishes to build a
new, permanent structure over an existing sewer service line, whether the structure is
attached to an existing structure or unattached, the sewer service line shall be relocated
away from the new structure, or the service line will be replaced with pipe material
approved for use inside a building. If the location of an existing sewer service line is
unknown, it shall be the property owner's responsibility to determine, by whatever means
necessary, the location of the service line to the satisfaction of the City of Englewood.
Section 5. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12, Chapter 2, Section 5, of the Englewood Municipal Code 2000, entitled
Industrial Pretreatment Program, to read as follows:
12-2-5: Industrial Pretreatment Program.
A. General Provisions:
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1. Purpose and Objectives. It is necessary for the health, safety and welfare of the
residents of the City to regulate the collection of wastewater and treatment thereof to
provide for maximum public benefit. This Chapter sets forth uniform requirements for
non-domestic contributors into the wastewater collection and treatment system for
the City and enables it to comply with all applicable State and Federal laws.
The objectives of the Industrial Pretreatment Program are:
a. To prevent the introduction of pollutants into the Publicly-Owned Treatment
Works (POTW) that will interfere with the operation of the system or
contaminate the resulting sludge;
b. To prevent the introduction of pollutants into the POTW which will pass through
the system, inadequately treated, into receiving waters or the atmosphere or
otherwise be incompatible with the system;
c. To improve the opportunity to recycle and reclaim wastewaters and sludges
from the system;
d. To provide for equitable distribution among users of the cost of the POTW;
e. To provide for and promote the general health, safety and welfare of the
citizens residing within the City and connecting jurisdictions;
f. To enable the City to comply with its Colorado Discharge Permit System
(COPS) permit conditions, sludge use and disposal requirements, and any
other Federal or State laws to which the POTW is subject; and
g. To prevent adverse impacts to worker health and safety due to the discharge
of pollutants from Industrial Users.
2. Applicability. The provisions herein provide for the regulation of Indirect Discharge to
the POTW through the issuance of permits, enforcement of applicable requirements,
user reporting, the setting of fees for the equitable distribution of costs, and for other
activities as defined in the Chapter. The provisions herein shall apply to users of the
POTW and to persons outside the POTW who are, by contract or agreement with the
POTW, users of the POTW.
a. Non-Domestic Users. It shall be unlawful for any User to discharge any
domestic or non-domestic wastewater into any natural waterway, any surface
drainage, or in any area under the jurisdiction of the City. No industrial
wastewater shall be discharged to the POTW unless done so in compliance
with the provisions of this Chapter and applicable County, State or Federal
regulations.
b. Non-Domestic Discharges to the Metro Wastewater Reclamation District.
Industrial Users located in the City of Englewood but discharging wastewater
that is ultimately treated by the Metro Wastewater Reclamation District shall
comply with the Metro Wastewater Reclamation District, Rules and
Regulations, Governing the Operation, Use, and Services of the System, June
2008 or the latest revision thereto. The authority to implement and enforce all
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Pretreatment Standards and Requirements has been delegated to the Metro
Wastewater Reclamation District by the City of Englewood.
c. Regulation of Users from Outside Jurisdictions.
f11 If a User located in another municipality, county, state, or other
jurisdiction contributes wastewater to the POlW, the City shall enter into
an intergovernmental agreement (IGA} or addendum to an existing
Wastewater Connector's Agreement with the contributing jurisdiction
pertaining to the implementation of pretreatment responsibilities in
compliance with the provisions of this chapter and applicable federal,
State or local laws, rules and regulations ..
~ Prior to entering into an IGA, tl=le City sl=lall Fequest the following
information from tl=le oontributing jurisdiction:
(a} A dessription of the quality and 1•1olume of •.vastev.iater dissharged to
the POTW by the contributing jurisdiction;
~ An inYentory of all souroes of lndireot Discharge losated within the
contributing jurisdiction that are discharging to the POW.'; and
(G} Such other information as the City may deem nesessary.
(3) The IGA shall contain the follo1A1ing conditions:
(a} A requirement fer the sontributing jurisdiction to adopt a sewer use
ordinance or rules i.•.•hich speoifically require that all non domestic
users shall be under the jurisdiction of this Chapter for the purpeses
of implementation and enforoement of Pretreatment Standards and
Requirements;
~ A requirement for the contributing jurisdiction to submit an updated
user in 1Jentery on at least an annual basis;
(G} A proi.•ision specifying that the City shall be delegated full
responsibility for implementation and enforoement of the
pretreatment program unless otherwise agreed to and specified in
the IGA;
(Eij A requirement for the contributing jurisdistion to pro•Jide the City with
assess to all infoFmation that the sontributing jurisdiction obtains
regaFding effluent quantity and quality from non domestic users;
(et Requirements fer monitoring the contributing jurisdiction's
disoharge; and
~ A proYision spesif.ying remedies aYailable for breash of the terms of
the interjurisdictional agreement.
3. Responsibility of the City.
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a. The City shall be responsible for the day-to-day administration of the Industrial
Pretreatment Program and to insure proper compliance with all local, State and
Federal pretreatment regulations. The City may delegate specific pretreatment
responsibilities to the Supervisory Committee for the Littleton/Englewood
Wastewater Treatment Plant. The City may delegate through agreement
specific pretreatment responsibilities to municipalities, sanitation districts or
jurisdictions that contribute wastewater to the Littleton/Englewood Wastewater
Treatment Plant.
b. The City shall attempt to notify in writing any User whom he/she has cause to
believe is subject to a National Categorical Pretreatment Standard or
Requirements, or other applicable requirements promulgated by the EPA under
the provisions of section 204(b) or 405 of the Act, or under the provisions of
sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the
City to so notify Users shall not relieve said Users from the responsibility of
complying with applicable requirements. It is the responsibility of Significant
Industrial Users to apply for and receive a permit prior to discharge, whether or
not the User has been identified and formally requested to do so.
c. If wastewaters containing any pollutant, including excess flow, or as otherwise
defined in this Chapter, are discharged or proposed to be discharged to the
POTW, the City may take any action necessary to:
(1) Prohibit the discharge of such wastewater;
(2) Require a User to demonstrate that in-plant modifications will reduce or
eliminate the discharge of such substances in conformity with this
Chapter;
(3) Require treatment, including storage facilities or flow equalization
necessary to reduce or eliminate the potential for a discharge to violate
this Chapter;
(4) Require the User making, causing or allowing the discharge to pay any
additional cost or expense incurred by the City for handling, treating,
disposing or remediation costs as a result of wastes discharged to the
wastewater treatment system;
(5) Require the User to apply for and obtain a permit;
(6) Require timely and factual reports from the User responsible for such
discharge; or
(7) Take such other action as may be necessary to meet the objectives of
this Chapter.
d. In addition to the overall authority to prevent or eliminate discharges through
enforcement of Pretreatment Standards and Requirements, the City of
Englewood shall have the following authorities:
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(1) Enforcement Take enforcement and issue fines and penalties for
violations of this Chapter, including the failure of a User to apply for a
permit.
(2) Endangerment to Health or Welfare of the Community. The City, after
informal notice to the affected User, may immediately and effectively halt
or prevent any discharge of pollutants into any natural waterway. surface
drainage within the City, any area under jurisdiction of the City, the POTW
of the City or any wastewater system tributary thereto, by any means
available to them, including physical disconnection from the wastewater
system, whenever it reasonably appears that such discharge presents an
imminent endangerment to the health or welfare of the community.
(3) Endangerment to Environment or Treatment Works: The City, after
written informal notice to the discharger, may halt or prevent any
discharge of pollutants into any natural waterway, surface drainage within
the City, any area under jurisdiction of the City, the POTW, wastewater
system tributary thereto, by any means available to them, including
physical disconnection from the wastewater system, whenever such
discharge presents or may present an endangerment to the environment
or threatens to interfere with the operation of the POTW.
(4) Compliance with Other Provisions of Chapter. The discharges referred to
above may be halted or prevented without regard to the compliance of the
discharge with other provisions of this Chapter.
4. Disclosure of Information and Availability to the Public. Except as otherwise provided
in this Section, all records, reports, data or other information supplied by any person
or User as a result of any disclosure required by this Chapter or information and data
from inspections shall be available for public inspection.
These provisions shall not be applicable to any information designated as a trade
secret by the person supplying such information. Materials designated as a trade
secret may include but shall not be limited to processes, operations, style of work or
apparatus or confidential commercial or statistical data. Any information and data
submitted by the User which is desired to be considered a trade secret shall have the
words, "Confidential Business Information," stamped on each page containing such
information. The User must demonstrate to the satisfaction of the City that the
release of such information would divulge information, processes or methods of
production entitled to protection as trade secrets of the User.
Information designated as a trade secret pursuant to this Section shall remain
confidential and shall not be subject to public inspection. Such information shall be
available only to officers, employees or authorized representatives of the City
charged with implementing and enforcing the provisions of this Chapter and properly
identified representatives of the U.S. Environmental Protection Agency and the
Colorado Department of Public Health and Environment.
Effluent data from any User whether obtained by self-monitoring, monitoring by the
City or monitoring by any State or Federal agency, shall not be considered a trade
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secret or otherwise confidential. All such effluent data shall be available for public
inspection.
5. State Requirements. State requirements and limitations on discharges shall apply in
any case where they are more stringent than applicable Federal regulations or those
established herein.
6. POTW's Right of Revision. The City can establish by ordinance more-stringent
limitations or requirements on discharges to the POTW if deemed necessary to
comply with the objectives presented in Section 12-2-5(A)(1) of this Chapter.
B. General Wastewater Prohibitions and Limitations:
1. General and Specific Prohibitions. A User may not introduce into a POTW any
pollutant(s) which cause pass-through or interference. These general prohibitions
and the specific prohibitions of this Section apply to each User introducing pollutants
into a POTW whether or not the User is subject to other Pretreatment Standards or
Requirements. It shall be unlawful for any User to discharge or deposit or cause or
allow to be discharged or deposited into the wastewater treatment system of the City
any wastewater which contains the following:
a. Any "hazardous waste" as defined in 40 CFR Part 261, unless specifically
authorized by the POTW.
b. Any liquids, solids, or gases which by reason of their nature or quantity are, or
may be, sufficient either alone or by interaction with other substances to cause
fire or explosion or be injurious in any other way to the POTW or to the
operation of the POTW. At no time shall two (2) successive readings on any
explosion hazard meter, at the point of discharge into the system (or at any
point in the system), be more than five percent (5%) nor any single reading
over ten percent (10%) of the Lower Explosive Limit (LEL) of the meter. Fire or
explosion hazard may also be determined using flash point concentration, by
closed cup method as specified in 40 CFR Part 261.21. The flashpoint shall not
be less than sixty degrees (60°) Centigrade or one hundred forty degrees
(140°) Fahrenheit.
c. Solid or viscous substances which may cause obstruction to the flow in a sewer
or other interference with the POTW.
d. Any wastewater having a pH less than 5.0 unless the POTW is specifically
designed to accommodate such wastewater, or wastewater having any other
corrosive property capable of causing damage or hazard to structures,
equipment and/or personnel of the POTW.
e. Any wastewater containing toxic pollutants in sufficient quantity, either singly or
by interaction with other pollutants, to cause pass-through or interference.
f. Any noxious or malodorous liquids, gases, or solids which either singly or by
interaction with other wastes is sufficient to prevent entry into the sewers for
their maintenance and repair.
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g. Any substance which may cause the POTW's effluent or any other product of
the POTW, such as residues, sludges, or scums, to be unsuitable for
reclamation and reuse or to interfere with the reclamation process where the
POTW is pursuing a reuse and reclamation program. In no case shall a
substance discharged to the POlW cause the POTW to be in non-compliance
with the sludge use or disposal criteria, guidelines, or regulations affecting
sludge use or disposal.
h. Any substance which will cause the POTW to violate its COPS permit or the
receiving water quality standards.
i. Any wastewater with objectionable color not removable in the treatment
process, such as, but not limited to, dye wastes and vegetable tanning
solutions.
j. Any pollutants, including oxygen-demanding pollutants (BOD, etc.) which will
cause pass-through or interference.
k. Radioactive wastes or isotopes of such a half-life or concentration that they do
not meet limits established by the City or other regulations set forth by the
Colorado Department of Public Health and Environment, State of Colorado, in
the latest edition of Rules and Regulations Pertaining to Radiological Control
and any applicable Federal regulations that may apply.
I. Any wastewater having a temperature which will cause the temperature of the
influent to the wastewater treatment plant to exceed one hundred four degrees
(104°) Fahrenheit or forty degrees (40°) Celsius and/or inhibit the biological
activity in the POTW.
m. Any water or waste which contains grease or oil or any other substances that
will solidify or become discernibly viscous at temperatures between thirty-two
degrees (32°) Fahrenheit (0° Celsius) and one hundred fifty degrees (150°)
Fahrenheit (65.5° Celsius).
n. Any water or waste containing free or floating oil and grease, or any discharge
containing animal fat or grease by-product in excess of two hundred (200)
mg/L.
o. Petroleum oil, non-biodegradable cutting oil or products of mineral oil origin in
amounts that will cause interference or pass-through.
p. Trucked or hauled wastes or wastewater, except at locations authorized by the
City that meets all Standards and Requirements established by the City.
q. Waters containing solids that have not been ground or comminuted to such a
degree that all particles will be carried freely in suspension under conditions
normally prevailing in public sewers. Solid particles shall be no more than one-
half inch (½") in any dimension.
r. Ammonia, nitrogen or substances readily converted thereto, in amounts that
would cause or contribute to pass-through or interference.
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s. Pollutants which result in the presence of toxic gases, vapors or fumes within
the POlW in a quantity that may cause acute worker health and safety
problems .
t. Stormwater drainage from ground, surface, roof drains, catch basins, unroofed
area drains (e.g., commercial car washing facilities) or any other source unless
otherwise approved by the City. Specifically prohibited is the connection of roof
downspouts, exterior foundation drains, areaway drains, or other sources of
surface runoff or ground water to a building sewer or building drain which in
turn is connected directly or indirectly to the City's wastewater collection
system. No person shall connect or discharge water from underground drains,
sump pump discharges, natural springs and seeps, water accumulated in
excavation or grading or any other water associated with construction activities.
u. Any substance directly into a manhole or other opening in the POlW unless
specifically authorized by the City or as otherwise permitted under this Chapter.
v. Liquid wastes from chemical toilets, and trailers, campers or other recreational
vehicles which have been collected and/or held in tanks or other containers
shall not be discharged into the POlW except at locations authorized by the
City to collect such wastes.
w. Wastes where such wastes have been collected and/or held in a tank or other
container and where such wastes fail to comply with any applicable limitation
set out in this Chapter.
x.. Any water or wastewater from alkaline hydrolysis or other chemical
decomposition processes of human or animal tissues, remains or bodies
without prior written approval from the City.
Y: Medical wastes in amounts or concentrations that wm cause a violation of any
one ofthe objectives included in 12-2-5(A){1).
~ Any water or wastewater associated with hydraulic fracturing lfracking) and
drilling activities without prior written approval from the City.
2. Wastewater Discharge Limitations. The City is authorized to establish Local Limits
pursuant 40 CFR Part 403,S(c). It shall be unlawful for any User to discharge,
deposit, cause, or allow to be discharged any waste or wastewater which fails to
comply with the limitations imposed by this Section.
a. Dilution is prohibited as a substitute for treatment and shall be a violation of this
Chapter. Except where expressly authorized to do so by an applicable
Pretreatment Standard or Requirement, no Industrial User shall ever increase
the use of process water, or in any other way attempt to dilute a Discharge as a
partial or complete substitute for adequate treatment to achieve compliance
with a Pretreatment Standard or Requirement. The City may impose mass
limitations on Industrial Users which are using dilution to meet applicable
Pretreatment Standards or Requirements or in other cases where the
imposition of mass limitations is appropriate.
34
b. No Significant Industrial User shall discharge or cause to be discharged
wastewater that exceeds the following local limits at any time fer any length of
~ as specified in the Industrial Wastewater Permit using the methods and
procedures prescribed in 12-2-5(G).
Pollutant(1) n::illv "•-·iiT 1m Limit (mg/L)
Arsenic (As) 0.55
Cadmium (Cd) D.3O
:hromium-Total (Cr) 2.90
:hromium(VI) (Cr VI) 0.86
Copper (Cu) 3.94
Lead (Pb) 0.51
Mercury (Hg) 0.005
Molybdenum (Mo) ~.82
Nickel (Ni) 2.66
Selenium (Se) 0.054
Silver (Ag) 0.112
Zinc (Zn) 8.8
Benzene (2) 0 .050
BTEX (2)(3) 0.750
(1) All pollutants are to be analyzed as total.
(2) These pollutants and limits generally apply to wastewaters from the cleanup of
petroleum or gasoline underground storage tanks. In addition, the pollutants may be
required of other users or included in permits where sampling and analysis indicate
that the wastewater contains concentrations of these pollutants in excess of the
stated limits.
(3) This is the sum of measured concentrations for Benzene, Toluene, Ethylbenzene,
and Xylene.
c. All Users subject to a Categorical Pretreatment Standard shall comply with all
requirements of such standard, and shall also comply with any limitations
contained in this Chapter. Where the same pollutant is limited by more than
one (1) Pretreatment Standard, the limitations which are more stringent shall
prevail. Compliance with Categorical Pretreatment Standards shall be the
timeframe specified in the applicable Categorical Pretreatment Standard .
35
d. The City may establish more stringent pollutant limits, additional site-specific
pollutant limits or additional Pretreatment Requirements when, in the judgment
of the City, such limitations are necessary to implement the provisions of this
Chapter.
C. Pretreatment and Monitoring Facilities:
1. Users shall provide wastewater treatment as necessary to comply with this Chapter
and shall achieve compliance with all Pretreatment Standards and Requirements set
out in this Chapter within the time limitations specified by EPA, the State, or the City,
whichever is more stringent. Any facility determined by the City to be necessary for
compliance or monitoring shall be provided, operated, and maintained at the User's
expense. All treatment facilities shall be properly operated and maintained. Detailed
plans describing such facilities and operating procedures shall be submitted to the
City for review, and shall be approved before such facilities are constructed. The
review of such plans and operating procedures shall in no way relieve the User from
the responsibility of modifying such facilities as necessary to produce a discharge
acceptable to the City under the provisions of this Chapter. Any subsequent
alterations or additions to such pretreatment or flow-control facilities shall not be
made without due notice to and prior approval of the City.
2. The City may require Users to restrict their discharge during peak flow periods,
designate that certain wastewater be discharged only into specified sewers, relocate
and/or consolidate points of discharge, separate sewage wastestreams from
industrial wastestreams, and such other conditions as may be necessary to protect
the POTW and demonstrate the User's compliance with the requirements of this
Chapter.
3. The City may require any User discharging into the POlW to install and maintain, on
their property and at their expense, a suitable storage and flow-control facility to
ensure equalization of flow. An Industrial Wastewater Permit may be issued solely
for flow equalization.
4. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
5. The City may require an Industrial User to install at the User's expense, suitable
monitoring facilities or equipment that allows for the representative sampling and
accurate observation of wastewater discharges. Such equipment shall be maintained
in proper working order and kept safe and accessible at all times.
6. The monitoring equipment shall be located and maintained on the Industrial User's
premises outside of the building unless otherwise approved by the City. When such a
location would be impractical, the City may allow such facility to be constructed in the
public street or easement area, with the approval of the agency having jurisdiction
over such street or easement, and located so that it will not be obstructed by public
utilities, landscaping or parked vehicles.
7. When more than one User is able to discharge into a common service line, the City
may require installation of separate monitoring equipment for each user. When there
36
is a significant difference in wastewater constituents and characteristics produced by
different operations of a single user, the City may require that separate service lines
and connections and monitoring facilities be installed for each separate discharge.
8. Whether constructed on public or private property, the monitoring facilities shall be
constructed in accordance with the City's requirements and all applicable
construction standards and specifications.
9. To fulfill the purposes of this Chapter, the City may order other Industrial Users of the
City's POTW to maintain records and/or install and maintain similar facilities or
equipment as described above.
10. Industrial Users who discharge process wastewaters determined by the City to
contain pollutants necessitating continuous pH measurement to demonstrate
compliance shall, subsequent to notification by the City, install a continuous
recording pH meter as approved by the City. Such meter shall be installed, operated
and maintained at the User's own cost and expense. Such records generated by this
meter shall be retained for three (3) years and shall be made available to the City
upon request.
11. If the City determines that an Industrial User needs to measure and report
wastewater flow, the User shall install an approved flow meter. Such meter shall be
installed, operated and maintained at the User's own cost and expense. Such
records generated by this meter shall be retained for three (3) years and shall be
made available to the City upon request.
D. Industrial Wastewater Permits:
1. Permits Required. All Significant Industrial Users proposing to connect to, or discharge
into any part of the wastewater system, shall apply for and obtain an Industrial
Wastewater Permit prior to commencing discharge to the POTW. A separate permit
may be required for each User, building or complex of buildings. The discharge of
wastewater to the POTW without a valid permit from a Significant Industrial User shall
be a violation of this Chapter as specified in Section 12-2-5(0)(2). Such Users shall
immediately contact the City and obtain a permit for discharge.
~-Upon a finding that a Significant Industrial User subject to Categorical
Pretreatment Standards never discharges more than 1 oo gallons per day <gpd}
of total categorical wastewater <excluding sanitary, non-contact cooling and boiler
blowdown wastewater. unless specifically included in the Pretreatment
Standards} the City may determine the Industrial User a Non-Significant
Categorical Industrial User rather than a Significant industrial User if the following
conditions are met:
ill The Industrial User. prior to the City's finding, has consistently complied
with an applicable Categorical Pretreatment Standards and requirements;
37
~ The Industrial User annually submits the certification statement required in
40 CFR Part 403.12<q} together with additional information necessary to
support the certification statement; and
~ The Industrial User never discharges any untreated concentrated
wastewater.
b... Upon a finding that a Significant Industrial User not subject to Categorical
Pretreatment Standards has no reasonable potential for adversely affecting the
POJW's operation or for violating any Pretreatment Standard or Requirement,
the City may at any time, on its own initiative or in response to a petition received
from an Industrial User, determine that such Industrial User is not a Significant
Industrial User.
~ By request from a Significant Industrial User and at the discretion of the City a
Non-discharging Industrial Wastewater Permit may be issued to the Significant
Industrial User that requires specific controls and/or process configurations to
prevent the discharge of wastewater from specific process operations. or of
specific pollutants to the POTW,
2. Enforceability. Any violation of the terms and conditions of an industrial i wastewater
permit, failure to apply for a permit as required, or discharging without a required
permit shall be deemed a violation of this Chapter and subjects the Industrial User to
the sanctions set out in 12-2-5(J4). Obtaining an Industrial Wastewater Permit does not
relieve a permittee of its obligation to comply with all Federal and State Pretreatment
Standards or Requirements.
3. New Users: Applying for an Industrial Wastewater Permit. Any User required to obtain
an Industrial Wastewater Permit who proposes to begin or recommence discharging
into the POTW must apply for and obtain such permit prior to the beginning or
recommencing of such discharge. The User shall file an Industrial ~ Wastewater
Discharge Application on forms provided by the City containing the information
specified in 12-2-5(0)(5). The completed application for the Industrial Wastewater
Permit must be filed at least ninety (90) days prior to the date upon which any
discharge will begin or recommence.
4. Existing Users: Applying for Industrial Wastewater Permit Reissuance. A User with an
expiring Industrial Wastewater Permit shall apply for a new permit by submitting a
complete permit application at least ninety (90) days prior to the expiration of the
User's existing discharge permit. The User shall file an lnd1:::1strial i Wastewater
Discharge Application on forms provided by the City containing the information
specified in 12-2-5(0)(5). An Industrial User with an existing permit that has filed a
complete and timely application may continue to discharge as approved by the City
through an administrative extension of the existing permit.
38
5. !-noostrial Wastevmter P.orFR-it Application Contents. In support of the application, the
User shall submit, in units and terms appropriate for evaluation, the following
information:
'" ,.,,, • I ~ ,. a,. .ttentl,jlRg .n,ormatJon.
~ The name of industry and address of the facility, mailing address if different;
~ The name of the operator and 0 11.mer;
~ Location of discharge if different from the location address;
(4} Contact information; and
~ Description of astii.•ities, facilities, and plant production processes on the
premises.
b. Emwonmonta! .aermtts. A list of any en¥ironmental control permits held by or for
the facility.
c. DosGFip#on ef Operations.
~ A brief description of the nature, a¥erage rate of production (including each
product produced by type, amount, processes, and rate of production);
~ The Standard Industrial Classification(s) of the operation(s) carried out by
such User;
~ A schematic process diagram, \\'hich indicates points of discharge to the
POW.' from the regulated process;
f4t Types of '.♦Jastes generated;
~ A list of all ra1N materials and chemicals used or stored at the facility which
are, or could accidentally or intentionally be, discharged to the POl\GJ;
(a} Number of employees; and
f7} Hours of operation, and proposed or actual hours of operation;
a,. Time and 01:1ra#on of otsGharges.
e. The Joeat-ion lor sampling #le 111.aslewater dlsGharges from #le User.
t. Flow Meast:JffJFRent. Information sho1•♦.•ing the measured a1•1erage daily
and ma:1eimum daily flow, in gallons per day, to the POlVI/ from
regulated process streams and other streams, as necessary, to allow
use of the combined wastestream formula set out in <10 CFR Part
403.e(e). For New Sources and ne1N permittees not currently
discharging, an estimate of flows may be used for meeting the
requireR=lents of the Baseline Monitoring Report required at 12 2
a(~H2).
g. Meas1:1ffJment of Pe!!-t:Jtanl6. For New Sources and new permittees not
currently discharging, an estimate of pollutants R=lay be used for
39
meetiR9 the Fe~,uiromems af the BaeeHAe Monitoring Report ~YiFed
at 12 2 aEE)(2).
~ The pt=etrealmern standaFds appficable te each regulated
pr&Ge6&;
~ The ro6\11ll6 af sampling and aRal~is tdeRtifyiAg tAe natwe ans
&&AcenkaUon r aAEt~or mass of regw.latee pelll:dank in tl=te
disGhaF§e-ffom eash regl:llated precee&-wheFe reql:lireEI ~
&1anaai:e ,or by tt:te City;
~ IA&1at=llaneoue, daily FR,3laFRl:!FR and long term aveFage
conGentratfoAs , er mass, vA=ler:e-Fequir-ed, sf=lall ee repefted:
~ The sample el:lall be represeRtaUt+tEH»• daily eperatiens and sl=lall
ee calleGtesl m a86er-Elanse with pfeoeaures set ouUn 12 2 5(G)1
i:ias:agi=aphe 1. and 2. 1/•A:lere lhe•ndard requires camplianGe
with a BMP er peHl:ll:ien preveRlion oltemmive, the User shall
submit deeumeAtation as required 9Y d:le City or the appliGable
standaFds to dolermine oomplianee wilh the &1andaFar and
~ />&=1at1ees must be peFfeFmed in-aeooFdanse wm:i preceduf0He-1
GUHA 12 2 -5(Q~(3).
A. Cf,FlifiGaliGFh l'•, etate11=1enl, reviei.ved by an,al:AAerk!!eEt FepreseNawe
ef the IRG1.1strial User ami sertifiea by a qwalffied pFefessienal;
iAdioattng.,.t.1hether PFOtfoatA=1eRt SlaRdard&-are being FRot en a
oonsistent baaie , and, if not, -.•motAor-additional opeFalion afld
maiRtenaAGe-40&~ and/or addilienal pretreatment is FOq1:1ired for U:le
4Ach,tslfia l User te meet the PFok-eab:l:leRt.,.Standard6 and
ReE11:rjrementa .
h ARV other infomlatioA as R:iay Be deemea neoessary by the City ta
eval1:1ate the permit app licatien.
i-Cefflf).fkmGe Sshesu/e, tf addilienal pi=etreatA=1ent-and/or O&M will-be
FeEtYifed to meet-tho Pr:eu:eatment StandaFda or ReqYiremems, the
stieFtest scheElule by •Nhiet:i the lndYstrial Ysef vnll19K>'liEle sw&ll
aEtElltional prelfeatment a-RdlQr O&M. Tt:le oempletiEIA Etate tn tAis
oimedwle shall not be-later thaA4he 001:i:1plianoe date established foF
~e appliGatll~alFRent 6'andaf4.
k.. A~alion S!gRatorie&-600 CorlifiGaooR6 . All lnd1.18lfiaPAt.asteY.1ator
Per:mit applisalions;---ind1;161Aal \:!ser reports and semfieaNon statements
MY&l-se si§neEi--by an-awheria.Ef represen'1lltive 6f tt:ie UsEM" aM
eentain the applicable sertiftGation stal.eFRent{e) iA 12: 2 S~E~
L ta.entifylng facjfity lnformaUon.
!.1l Ihe namtt of industry and addW§ of the :facility mailing addr.u.&
if.different;
40
~ !be name of ttle business operator and owner;
@ The designated signatory authority and designated faciluv
r-.ontact
~ Business Activilles.
~
W ldentifiQtion pf ipdusfri!!.J?Wcesses, indu strial categories, or
business agtMHes ·
~ Ablief,.de$9dpti90 of operauons including materials used.
products produced materials handling. testing. storage.
leaning, waste handling, and wastewater pret1re.atment:
~ Jhe Standard I ngust□a l CJassificationts} or North Amencan
industry Classfficatioo System <NAICS) of th~operatfon(§}
carried oulby such user;
W Enyironmental PermitL.A~st of any environmental oontcol
permits held by or for the facjlity;
~ Fac;l~y operational charactedstios including work days, m
shffls. number of employees , and seasonatvad ations ;
1W, eJanned or potential expansion;
WiiterSupply and Consumption,.
ill Wateu.ources. water bill inform ation;
W yvater vu diitdbytion throughout facility;
.~ Sewer: connecruw Information.
L Raw Materials artd Chemicals Used and Stor,eg.
f. Facffily Infrastructure and Site Diagrams.
W Exterior Site Bans Interior bultd i nglflgor plan. plumbing
diagrams;
~ ~astewater DischarqeJnformayon .
W M.e.tbod. of wastewater discharge·
ru Wastewater discharge flow_rates ·
~ Wastewater mon jtprlng eguigment and locations;
~ Chacacteristu;s of wastewater iociuding pollutant measurements;
b.. erggss flow Diagram.
i, Generated Waste .Handling procedures .
.L WMte,kl!ater Treatment Equipment and Operations,
41
k. Control Plan for Spill Prevention.
L Any other information as may be deemed necessary by the City to
evaluate the permit application.
m.. Certification. A statement, reviewed by an authorized representative
of the Industrial User and certified by a qualified professional,
indicating whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional operation and
maintenance <O&M} and/or additional pretreatment is required for the
Industrial User to meet the Pretreatment Standards and
Requirements
ill Compliance Schedule. If additional pretreatment and/or O&M
wm be required to meet the Pretreatment Standards or
Requirements, the shortest schedule by which the Industrial
User wm Provide such additional pretreatment and/or O&M. The
completion date io this schedule shall not be later than the
compliance date established for the applicable pretreatment
standard. A Compliance schedule must be in accordance with
12-2-S<E)(Z};
n... Application Signatories and Certifications. All Industrial Wastewater
Permit applications, industrial user reports and certification statements
must be signed by an authorized representative of the User and
contain the applicable certification statementls) in 12-2-5<E)(6)(a}.
2.. Any requests for a monitoring waiver <or a renewal of an approved
monitoring waiver} for a pollutant neither present nor expected to be
present in the discharge per Section 12-2-5(E}(1 }(e} of this chapter.
6. Industrial Wastewater Permit Issuance.
a. The City shall issue an Industrial Wastewater Permit to the applicant if the City
finds that all of the following conditions are met:
(1) The applicant has provided a timely and complete permit application to
the manager;
(2) The proposed discharge by the applicant is in compliance with the
limitations established in this Chapter;
(3) The proposed operation and discharge of the applicant would permit the
normal and efficient operation of the POTW; and
(4) The proposed discharge of the applicant would not result in a violation by
the City of the terms and conditions of its COPS permit or cause pass-
through or interference.
b. If the City finds that the condition set out in subsection 6.a.(2) of this Section is
not met. the City may, at their discretion, issue an Industrial Wastewater Permit
to the applicant if the conditions set out in subsections 6.a.(1 ), 6.a.(3) and
42
6.a.(4) of this Section have been met and if the applicant submits, and the City
approves, a compliance schedule setting out the measures to be taken by the
applicant and the dates that such measures will be implemented to insure
compliance with the local limits. At no time shall a discharge be allowed to
cause violations of the General and Specific Prohibitions established in 12-2-
5(8)(1) nor shall the final compliance date for a categorical standard be
extended.
7. Industrial Wastewater Permit Denial and Hearing.
a. In the event an application for an Industrial Wastewater Permit is denied, the
City shall notify the applicant in writing of such denial. Such notification shall
state the grounds for such denial with that degree of specificity which will
inform the applicant of the measures or actions which must be taken by the
applicant prior to issuance of a permit.
b. Upon receipt of notification of denial of a permit, the applicant may request, and
shall be granted, a hearing to be held by the City of Englewood Water and
Sewer Board. At such hearing the applicant shall have the burden of
establishing that the conditions set out in 12-2-5(0)(6), have been met and that
a permit should be issued.
c. The Water and Sewer Board may conduct the hearing and take the evidence or
may designate a representative to:
(1) Issue in the name of the Water and Sewer Board notices of hearings
requesting the attendance and testimony of witnesses and the production
of evidence relevant to any matter involved in such hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts and
other evidence, to the Water and Sewer Board together with
recommendations for action thereon.
d. Testimony taken at any public hearing shall be under oath and recorded
stenographically. The transcript as recorded shall be made available to any
member of the public or any party to the hearing upon payment of the usual
charges therefore.
e . Upon review of the evidence by the Water and Sewer Board, the Board shall
make written findings of fact. Thereupon the board may issue an order directing
the City to issue an Industrial Wastewater Permit, or directing that such permit
shall not be issued, or give such other or further orders and directives as are
necessary and appropriate.
a. Industrial Wastewater Permit Conditions. Industrial Wastewater Permits shall be
expressly subject to all provisions of this Chapter and all other regulations, and User
charges and fees established by the City. The conditions of Industrial Wastewater
Permits shall be uniformly enforced in accordance with this Chapter and applicable
State and Federal regulations. An Industrial Wastewater Permit shall include such
43
conditions as are deemed reasonably necessary by the City to prevent pass-through
or interference, protect the quality of the receiving water, protect worker health and
safety, facilitate sludge management and disposal, and protect against damage to
the POlW.
a. Industrial Wastewater Permits shall contain, as appropriate:
(1) A statement that indicates the permit's issuance date, expiration date and
effective date;
(2) A statement that the permit is non-transferable;
(3) Effluent limits, including Best Management Practices (BMPs), based on
applicable Pretreatment Standards;
(4) Self monitoring, sampling, reporting, notification, and record-keeping
requirements. These requirements shall include an identification of
pollutants (or Best Management Practices) to be monitored, sampling
location, sampling frequency, and sample type based on Federal, State,
and local law;
(5) A statement of applicable administrative, civil and criminal penalties for
violation of Pretreatment Standards and Requirements, the permit, this
Chapter and any applicable compliance schedule. Such schedule may
not extend the time for compliance beyond that required by applicable
Federal, State, or local law.
(6) Best Management Practices (BMPs) to control specific pollutants as
necessary to meet the objectives of this Chapter.
(7) Closure requirements for permitted facilities undergoing partial or
complete closure activities to ensure closure activities are completed and
wastes have been properly disposed and remaining access to sanitary
and storm sewers are protected .
(8) Requirements to notify the City immediately of any changes at its facility
affecting potential for a Spill or Slug Discharge and to notify the POTW
immediately in the event of a slug, spill or accidental discharge to the
POlW;
(9) Compliance schedules;
(10) Requirements to reapply for a new permit within ninety (90) days prior to
expiration of the existing permit;
(11) The General and Specific Prohibitions;
(12) Additional monitoring to be reported.
~ The process for seeking a waiver form monitoring for a pollutant neither
present nor expected to be present in the discharge in accordance with
Section 12-2-5<E)(1 }(e) of this chapter, Any grant of the monitoring
waiver by the City must be included as a condition in the permit.
44
b. Industrial Wastewater Permits may contain, but need not be limited to, the
following conditions:
(1) Limits on the average and/or maximum rate of discharge, time of
discharge, and/or requirements for flow regulation and equalization;
(2) Requirements for the installation of pretreatment technology, pollution
control, or construction of appropriate containment devices, designed to
reduce, eliminate, or prevent the introduction of pollutants into the
treatment works;
(3) Requirements for the development and implementation of slug or spill
control plans or other special conditions including management practices
necessary to adequately prevent accidental, unanticipated, or non-routine
discharges;
(4) Development and implementation of waste minimization plans to reduce
the amount of pollutants discharged to the POTW;
(5) Requirements for installation and maintenance of inspection and
sampling facilities and equipment, including flow measurement devices;
and
(6) Other conditions as deemed appropriate by the City to ensure compliance
with this Chapter, and State and Federal laws and regulations.
9 . Industrial Wastewater Permit Duration.
a. Discharge permits shall be issued for a specified time period, not to exceed
five (5) years. A permit may be issued for a period of less than five {5) years
at the City's discretion or may be stated to expire on a specific date. The
terms and conditions of the permit may be subject to modification and change
by the City during the life of the permit, as limitations or requirements as
identified in this Chapter are modified and changed pursuant to 12-2-5(0)(11)
The User shall be informed of any proposed changes in their permit at least
thirty (30} days prior to the effective date of change unless such change is
initiated by a violation of this Chapter. Any such change or new condition in
the permit shall include a reasonable time schedule for compliance or as
otherwise required by State or Federal regulations.
b. Where the City is establishing permit specific local limits, the permit shall be
public noticed for comment for thirty (30) days in a newspaper of meaningful
circulation. The City shall consider all comments that are received and
incorporate any comments as appropriate prior to issuing the permit.
10. Industrial Wastewater Permit Transfer. Industrial Wastewater Permits are issued to a
specific User for a specific operation. No permit shall be reassigned or transferred 8f
selEl to a new owner, new user, different premises or a new or changed operation.
Permits may be transferred to a new owner or operator only if the permittee gives at
least 30 days advance notice to the City and the City approves the permit transfer.
45
The notice to the City must include a written certification by the new owner or
operator which:
a... States that the new owner and/or operator has no immediate intent to change
the facility's operations and processes;
b.. Identifies the specific date on which the transfer is to occur and
.c... Acknowledges full responsibility for complying with the existing permit
11. Industrial Wastewater Permit Modification. The City may modify an Industrial
Wastewater Permit for good cause, including, but not limited to, the following
reasons:
a. To incorporate any new or revised Federal, State, or local Pretreatment
Standards or Requirements;
b. To address significant alterations or additions to the User's operation,
processes, or wastewater volume or character since the time of the Industrial
Wastewater Permit issuance:
c. A change in the POTW that requires either a temporary or permanent reduction
or elimination of the authorized discharge;
d. Information indicating that the permitted discharge poses a threat to the POTW,
City personnel, or the receiving waters;
e. Violation of any terms or conditions of the Industrial Wastewater Permit;
f. Misrepresentations or failure to fully disclose all relevant facts in the Industrial
Wastewater Permit application or in any required reporting; or
g. To correct typographical or other errors in the Industrial Wastewater Permit.
12. Industrial Wastewater Permit Revocation. A violation of the conditions of a permit or
of this Chapter or of applicable State and Federal regulations shall be reason for
revocation of such permit by the City. Upon revocation of the permit, any wastewater
discharge from the affected User shall be considered prohibited and illegal. Grounds
for revocation of a permit include, but are not limited to, the following:
a. Failure of a User to accurately disclose or report the wastewater constituents
and characteristics of their discharge;
b. Failure of the User to report significant changes in operations or wastewater
constituents and characteristics;
c. Refusal of access to the User's premises for the purpose of inspection or
monitoring;
d. Falsification of records, reports or monitoring results;
e. Tampering with monitoring equipment;
f. Violation of conditions of the permit;
46
g. Misrepresentation or failure to fully disclose all relevant facts in the Industrial
Wastewater Permit application;
h. Failure to pay fines or penalties;
i. Failure to pay sewer charges;
j. Failure to pay permit and sampling fees; or
k. Failure to meet compliance schedules.
E. Reporting Requirements:
1. Periodic Compliance Reports -All Significant Industrial Users.
a. Except as specified in Section 12-2-5(E}(1 )m, Af1tlr ~ Industrial User subject
to a Federal, State, or City Pretreatment Standard or Requirement must, at a
frequency determined by the City submit no less than once per six (6) months,
unless required more frequently in the permit or by the City, reports indicating
the nature, concentration of pollutants in the discharge which are limited by
Pretreatment Standards and the average and maximum daily flows for the
reporting period. In cases where the Pretreatment Standard requires
compliance with a Best Management Practices (BMPs) or pollution-prevention
alternatives, the User must submit documentation required by the City or the
Pretreatment Standard necessary to determine compliance status of the User.
All periodic compliance reports must be signed and certified in accordance with
12-2-5(E)(6)!s}.
b. All wastewater samples must be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean, and maintained in good working order at all times. The
failure of a User to keep its monitoring facility in good working order shall not
be grounds for the User to claim that the sample results are unrepresentative of
its discharge.
c. If a User subject to the reporting requirement in this section monitors any
regulated pollutant at the appropriate sampling location more frequently than
required by the City, using the methods and procedures prescribed in 12-2-
S(G), the results of this monitoring shall be included in the report.
d. The sampling and analyses required for the reporting outlined above may be
performed by the City in lieu of the permittee. Where the City itself makes
arrangements with the User to collect all the information required for the report,
the User will not be required to submit the report.
e... The City may authorize a Significant Industrial User subject to a categorical
Pretreatment Standard to forego sampling of a pollutant regulated by a
categorical Pretreatment Standard if the Significant Industrial User has
demonstrated through sampling and other technical factors that the pollutant is
neither present nor expected to be present in the discharge, or is present only
at background levels from intake water and without any increase in the
47
pollutant due to activities of the SJgoificagt Industrial U~L-Ibis authotj;atlon !§
subject to the following conditions:
tu The waive r may be authorized ymera a poUutantis..de)ermined to be
present solely due to sanitary wastewater discharged from the faci lity
provided lhat the sanitary wastgwaler is not regulated by an applicable
'8tegodcal Standard and otherwise includes no process wastewater ,
~ The monjtorjng waiver is va lid only for the duration of the effective period
pt thajndividyal wastewater discharge permit but in no case logger than
5 years. The User must submit a new request forthe waiver beforeJb§t
waiver can be granted for each permit.
Ql In making a demonstration that a pollutant is not present, the Industrial
User must PJm'ide data from at least one sampligq of the facility's PfQCffi
wastewater odor to any treatment present at the facilitvJhat is
representative or an wastewater from al l prooesses.
~ The request tor a monitodng waiver must bastaned arulcertifiedio
accordance 'Mtb,.S.action 12-2•5fEH§Ha) of this chapter.
@ NoMletectable sample results may be used ~only as a demonstcati QQ that
a potlutantjs not present tt the EPA approved . method from ® CfR Part
136 with the lowest mjnimum deteptjoo leyes for that patlutant waSJ.1$.§dJO
the ane1lysis,
~ Any grant of the mooitodng waiver by the City must be included as a
'9Qdition in lbe User's pen:nit. The reasons supportingJ_l]e waiver aru:t
any information submitted by the User lo tts request for the wajryec must
be maintained by the City for 3 years after exokationJ>f the wafyer,.
W Upon approval of the monitoring waiver and revisk)n of the User's rnmnit
by the City, the Industrial User must certify on eaah report withJhe
,mtement in Section 12.2.S(E)(§)'d), tf)atthere has been nojncrease in
the po llutant in ;tsJNastes~m dye to activities of the lodustriaLll&ec.
@ In the event that a waived ponutant is found to be present sr is pxpecta,a
10-,bitptesent because :of changes that occu r io the User's operations~~
User must immediatety: Comply wDb the monitoring req!:!ir_ements o.f
sec.tiQn J2-2-5<E)(1)(a). or other more frequent monUocingr~uirements
imposed by the Cjty. and notify the qty.
00 Ibis provision does not supersede certification processes and
requirements established in Categoru;a l Pretreatment Standards, excepJ
aa-..mb8fW!se specified j n the categqical Pretreatment Stapdallt.
t, The City may reduce the requirement for neriod jc comp liance reports in Section
E(1)(a)lo a requirement to report no less frequenUy than once a year. unless
~1.Jirechnore frequently io :the Pretteatment Standard orby the EPA where
the I ndustriaf User'sJotatsategorical wastewater flow does not exceed any of
the follow ing :
48
ill 0.01 percent of the POTW's design dry-weather hydraulic capacity of the
POTW or five thousand l5.000} gallons per day, whichever is smaller, as
measured by a continuous effluent flow monitoring device unless the
Industrial User discharges in batches.
~ 0.01 percent of the design dry-weather organic capacity of the POTW;
gQg
Q.l 0.01 percent of the maximum allowable headworks loading for any
pollutant regulated by the applicable categorical Pretreatment Standard
for which approved wastewater discharge limits were developed in
accordance with Section Bl2}(b} of this chapter. Reduced reporting is not
available to Industrial Users that have in the last two l2} years been in
Significant Noncompliance. lo addition. reduced reporting is not available
to an Industrial User with daily flow rates. production levels, or pollutant
levels that vary so significantly that, in the opinion of the City. decreasing
the reporting requirement for this Industrial User would result in data that
are not representative of conditions occurring during the reporting period.
2. Baseline Monitoring Reports -Categorical Industrial Users.
a. Within either one hundred eighty (180) days after the effective date of a
Categorical Pretreatment Standard, or the final administrative decision on a
category determination under 40 CFR Part 403.6(a)(4), whichever is later,
existing Industrial Users subject to Categorical Pretreatment Standards and
currently discharging to or scheduled to discharge to the POTW shall submit to
the City a report which contains the information listed in paragraph b., below. At
least ninety (90) days prior to commencement of their discharge, New Sources,
and sources that become Categorical Industrial Users subsequent to the
promulgation of an applicable Categorical Standard, shall submit to the City a
report which contains the information listed in paragraph b., below. A New
Source shall report the method of pretreatment it intends to use to meet
applicable Pretreatment Standards. A New Source also shall give estimates of
its anticipated flow and quantity of pollutants to be discharged from regulated
process streams and other non-process streams.
b. Users described above shall submit the information set forth below.
(1) All information required in 12-2-5(0)(5).
(2) Measurement of pollutants.
(a) The User shall take a minimum of one (1) representative sample to
compile the data necessary to comply with the requirements of this
paragraph.
(b) Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream from
the regulated process if no pretreatment exists. If other wastewaters
49
are mixed with the regulated wastewater prior to pretreatment the
User should measure the flows and concentrations necessary to
allow use of the combined waste stream formula in 40 CFR Part
403.S(e) in order to evaluate compliance with the Pretreatment
Standards. Where an alternate concentration or mass limit has been
calculated in accordance with 40 CFR Part 403.S(e) this adjusted
limit along with supporting data shall be submitted to the City.
(c) Sampling and analysis shall be performed in accordance with 12-2-
5(G);
(d) The City may allow the submission of a BMR which utilizes only
historical data so long as the data provides information sufficient to
determine the need for industrial pretreatment measures.
(e) The BMR shall indicate the time, date, and place of sampling and
methods of analysis, and shall certify that such sampling and
analysis is representative of normal work cycles and expected
pollutant discharges to the POTW.
(3) Signature and Report Certification. All Baseline Monitoring Reports must
be signed in accordance with 12-2-5(E)(6).(g} and signed by an authorized
representative as defined in 12-2-1 (D).
3. 90-Day Compliance Reports -Categorical Industrial Users.
a. New Sources. All New Sources subject to existing Categorical Pretreatment
Standards shall submit a report to the City within ninety (90) days from the date
of first discharge to the POTW demonstrating actual and continuing compliance
with those standards.
b. Existing Sources. All Existing Sources required to comply with newly
promulgated Categorical Pretreatment Standards shall submit a report to the
City within ninety (90) days of the date on which compliance is required with
those standards demonstrating that actual and continuing compliance with
such standards has been achieved.
c. Such 90-day Compliance Report shall contain at a minimum the information
required in 12-2-5(0)(5) paragraphs f., g., h., i. and kg. I. m and n.
4. 24-Hour Notice and 30-Day Re-sampling. If sampling performed by a User indicates
a violation of this Chapter, the User shall notify the City within twenty-four (24) hours
of becoming aware of the violation. The User shall also repeat the sampling and
analysis and submit the results of the repeat analysis to the City within thirty (30)
days after becoming aware of the violations. For the purposes of this chapter
"becoming aware" shall be defined as the shortest reasonable time to determine
compliance status not to exceed five <S} days after receipt of sampling data. The
User is not required to re-sample if the following occurs:
a. The City performs sampling at the User's facility at a frequency of at least once
per month.
50
b. The City performs sampling at the User's facility between the time when the
User performs its initial sampling and the time when the User receives the
results of this sampling. It is the sole responsibility of the User to verify if the
City has performed this sampling.
5. Reports for Non-Significant Industrial Users. Should the City deem it necessary to
assure compliance with provisions of this Chapter, any User of the POTW may be
required to submit an Industrial Wastewater Permit Application, Industrial Waste
Survey, or questionnaire to the City. Any User subject to this reporting requirement
shall submit a completed report no later than thirty (30) days after receipt of the
notification and appropriate forms.
6. Signatory Certification.
a. All reports and other submittals required to be submitted to the City~
Significant Industrial User. including permit applications. shall include the
following certification statement and signatory reeiuirements signed by an
authorized representative,
a. The authori~ed representative signing any application, eiuestionnaire, any
report or other information reeiuired to ee suemitteel to the City must sign anel
attach the follo1-•1ing certification statement with each such report or information
suemitted to the manager.
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to ensure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system or the persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of a fine and
imprisonment for knowing violations."
R· Periodic compliance reports submitted by Significant Industrial Users issued a
non-discharging Industrial Wastewater Permit shall also include the following
certification statement signed by an authorized representative: "I certify under
penalty of law that <Permittee Name) has not discharged any regulated
wastewater to the UE WWTP during this reporting period" Of applicable}.
~ A facility determined to be a Non-Significant Categorical Industrial User must
annually submit the following certification statement signed by an authorized
representative· "Based on my inquiry of the person or persons directly
responsible for managing compliance with the Categorical Pretreatment
Standards under 40 CFR [specify applicable National Pretreatment
Standard partls)). I certify that. to the best of my knowledge and belief that
during the period from to
(month days, year]:
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W The facility described as (facility name] met the definition of a
Non-Significant Categorical Industrial User as described in 40 CFR
403.3lv)(2}:
~ The facility complied with an applicable Pretreatment Standards and
requirements during this reporting period; and
Ql The facility never discharged more than 1 oo gallons of total categorical
wastewater on any given day during this reporting period. The
compliance certification is based upon the following information:
d. Sjqnjfjcant Industrial Users that have an approved monitoring waiver based on
Section El1 }(e} of this chapter must submit on each compliance report with the
following certification statement signed by an authorized representative that
there has been no increase in the pollutant in its wastestream due to activities
of the User: "Based on my inquiry of the person or persons directly responsible
for managing compliance with the Pretreatment Standard for 40 CFR
[specify applicable National Pretreatment Standard part<s}J I certify that,
to the best of my knowledge and belief, there has been no increase io the level
of (list pollutantls}l in the wastewaters due to the activities at
the facility since filing of the last periodic compliance report.
b~. If the authorized representative is no longer accurate because a different
individual or position has responsibility for the overall operation of the facility, or
overall responsibility for environmental matters for the company, a new
authorization satisfying the requirements of 12 2 5~A,)(J) meeting the definition
of an authorized representative in 12-2-1 <P} must be submitted to the City prior
to or together with any reports to be signed by an authorized representative.
L Industrial Waste surveys or questionnaires required to be submitted to the City
by an Industrial User shall include the following statement and signatory
requirements. The representative signing any Industrial Waste survey or
questionnaire must sign the following certification statement: "I have personally
examined and am familiar with the information submitted in this document and
attachments. Based upon my inquiry of those individuals immediately
responsible for obtaining the information reported herein. I believe that the
submitted information is true accurate and complete. I am aware that there
are significant penalties for submitting false information." Industrial Waste
surveys or questionnaires shall be submitted to the City, in electronic or hard
copy format, within thirty <30} days of receipt.
7 . Compliance Schedules. Should any schedule of compliance be established in
accordance with the requirements of this Chapter, the following conditions shall
apply to such schedule:
a . The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction
and operation of additional pretreatment required for the User to meet the
applicable Categorical Pretreatment Standards (e.g., hiring an engineer,
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completing preliminary plans, completing final plans, executing contract for
major components, commencing construction, completing construction, etc.);
b. No increment referred to above shall exceed nine (9) months;
c. Not later than fourteen (14) days following each date in the schedule and the
final date for compliance, the User shall submit a progress report to the City
including, at a minimum, whether or not it complied with the increment of
progress to be met on such date and, if not, the date on which it expects to
comply with this increment of progress, the reason for delay, and the steps
being taken by the User to return the construction to the schedule established.
In no event shall more than nine (9) months elapse between such progress
reports to the manager.
8. Change in Discharge or Operations. Every Significant Industrial User shall file a
notification to the City a minimum of fourteen (14) days prior to any planned
significant change in operations or wastewater characteristics. A significant change
shall be a change equal to or greater than twenty (20) percent in the mass of a
pollutant or volume of flow discharged to the POTW. In addition , this notification shall
include changes to:
a. Adding or removing processing, manufacturing or other production operations.
b. New substances used which may be discharged.
c. Changes in the listed or characteristic hazardous waste for which the User has
submitted or is required to submit information to the City under this Chapter
and 40 CFR Part 403.12(p) as amended.
9. Spill Prevention and Control Plans.
a. Each User shall provide protection from accidental discharges and slug loads
of pollutants regulated under this Chapter. Facilities to prevent the discharge of
spills or slug loads shall be provided and maintained at the User's expense.
b. The City shall evaluate whether each Significant Industrial User needs a Spill
Prevention and Control Plan or other action to control spills and Slug
Discharges as defined in 12-2-1(0). The City may require a User to develop,
submit for approval, and implement a Spill Prevention and Control Plan or take
such other action that may be necessary to control spills and Slug Discharges.
c. A Spill Prevention and Control plan shall address, at a minimum, the following:
(1) Detailed plans {schematics) showing facility layout and plumbing
representative of operating procedures;
(2) Description of contents and volumes of any process tanks;
(3) Description of discharge practices, including non-routine batch
discharges;
(4) Listing of stored chemicals, including location and volumes;
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(5) Procedures for immediately notifying the City of any spill or Slug
Discharge. It is the responsibility of the User to comply with the reporting
requirements in 12-2-5(E)(1 O);
(6) Procedures to prevent adverse impact from any accidental or Slug
Discharge. Such procedures include, but are not limited to, inspection and
maintenance of storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site runoff, worker training,
building of containment structures or equipment, measures for containing
toxic organic pollutants, including solvents, and/or measures and
equipment for emergency response; and
(7) Any other information as required by the City.
d. Notice to employees. A notice shall be permanently posted on the User's
bulletin board or other prominent place advising employees who to call in the
event of an accidental or Slug Discharge. Employers shall ensure that all
employees who work in any area where an accidental or Slug Discharge may
occur or originate are advised to the emergency notification procedures.
10. Reports of Potential Problems.
a. In the case of any discharge, including, but not limited to, spills, accidental
discharges, discharges of a non-routine, episodic nature, a non-customary
batch discharge, a Slug Discharge or a discharge that may cause potential
problems for the POTW, the User shall immediately telephone and notify the
City of the incident. This notification shall include :
(1) Name of the facility;
(2) Location of the facility;
(3) Name of the caller;
(4) Date and time of discharge;
(5) Date and time discharge was halted;
(6) Location of the discharge;
(7) Estimated volume of discharge;
(8) Estimated concentration of pollutants in discharge;
(9) Corrective actions taken to halt the discharge;
(10) Method of disposal if applicable.
b. Within five (5) working days following such discharge, the User shall, unless waived
by the manager, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the User to prevent similar future
occurrences. Such notification shall not relieve the User of any expense, loss,
damage, or other liability which might be incurred as a result of damage to the
POTW, natural resources, or any other damage to person or property; nor shall such
54
notification relieve the User of any fines, penalties, or other liability which may be
imposed pursuant to this Chapter.
11. Notification of the Discharge of Hazardous Waste.
a. Any User shall notify the City, the EPA Regional Waste Management Division
director, and State hazardous waste authorities, in writing, of any discharge
into the POTW of a substance which, if otherwise disposed of, would be
hazardous waste under40 CFR Part 261. Such notification to the City shall be
made within the appropriate time frames specified in 12-2-5(EH1 O)la}.
paFagFaphs 4, 8, and 10. Notification to the State and EPA is the responsibility
of the User and shall be made as required under 40 CFR Part 403.12(p). The
User shall copy the City on all notifications made to the State and EPA
Such notification must include:
{ 1) The name of the hazardous waste as set forth 40 CFR Part 261 ;
(2) The EPA hazardous waste number;
(3) The type of discharge (continuous, batch, or other);
(4) An identification of the hazardous constituents contained in the wastes;
(5) An estimation of the mass and concentration of such constituents in the
wastestream discharged during that calendar month;
(6) An estimation of the mass of constituents in the wastestream expected
to be discharged during the following twelve (12) months;
(7) Certification that the User has a program in place to reduce the volume
and toxicity of hazardous wastes generated to the degree it has
determined to be economically practical ; and
(8) Signatory certification as required by 12-2-5(E)(6)~.
b. In the case of any new regulation under Section 3001 of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as hazardous waste, the User must notify the City, the EPA
Regional City Waste Management Waste Division director, and State
hazardous waste authorities of the discharge of such substance within ninety
(90) days of the effective date of such regulations.
c. This provision does not create a right to discharge any substance not otherwise
allowed to be discharged by this Chapter, a permit issued hereunder, or any
applicable Federal or State law.
12. Date of Receipt of Reports. Written reports will be deemed to have been submitted
on the date postmarked. For reports which are not mailed, postage prepaid , into a
mail facility serviced by the United States Postal Service, the date of the receipt of
the report shall govern.
F. Inspection and Records:
55
1. Records and Monitoring. Users subject to the reporting requirements of this Chapter
shall retain, and make available for inspection and copying, all records of information
obtained pursuant to any monitoring activities required by this Chapter, any
additional records of information obtained pursuant to monitoring activities
undertaken by the User independent of such requirements, and documentation
associated with Best Management Practices. Records shall include the date, exact
place, method, and time of sampling, and the name of the person(s) taking the
sample; the dates analyses were performed; who performed the analyses; and
analytical techniques or methods used; and the results of such analyses. These
records shall remain available for a period of three (3) years. This period shall be
automatically extended for the duration of any litigation concerning the User or the
City, or where the User has been specifically notified of a longer retention period by
the City or when requested by the EPA.
2. Admission to Property and Access to Information.
a. Whenever it shall be necessary for the purposes of this Chapter, the City may
enter upon any User's facility, property or premises subject to this Chapter that
is located or conducted or where records are required to be kept for the
purposes of:
(1) Performing all inspection, surveillance and monitoring procedures
necessary to determine, independent of information supplied by industrial
or other users, compliance or non-compliance with applicable
Pretreatment Standards and Requirements by a User. Compliance
monitoring and inspection shall be conducted at a frequency as
determined by the City and may be announced or unannounced+11 eb.o.1Q
documentation or electronic recording devices may be used by the City
during inspection. surveillance and monitoring procedures;
(2) Examining and copying any records required to be kept under the
provisions of this Chapter or of any other local, State or Federal
regulation;
(3) Inspecting any monitoring equipment or method, pretreatment system
equipment and/or operation;
(4) Sampling any discharge of wastewater into POTW; and/or
(5) Inspecting any production, manufacturing, fabricating or storage area
where pollutants, regulated under this Chapter, could originate, be stored,
or be discharged to the POTW.
b. The occupant of such property or premises shall render all proper assistance in
such activities.
c. Failure to allow entry: In the event the City or other duly authorized
representative of the City is refused admission for any purpose, the City may
cause water and/or wastewater service to the premises in question to be
discontinued and other enforcement actions undertaken as allowed for under th is
Chapter.
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G. Sample Collection and Analytical Methods:
1. Sample Collection. Compliance determinations with respect to prohibitions and
limitations in this Chapter may be made on the basis of either grab or composite
samples of wastewater as specified by the City. Such samples shall be taken at a
point or points which the City determines to be suitable for obtaining a representative
sample of the discharge. Composite samples may be taken over a twenty-four (24)
hour period, or over a longer or shorter time span, as determined by the City to meet
specific circumstances.
2. Sample Type. Samples collected to satisfy reporting requirements must be based on
data obtained through appropriate sampling and analysis performed during the
period covered by the report, and based on data that is representative of conditions
occurring during the reporting period.
a. Except as indicated in 12-2-S(G)(b) and (c), the User must collect
representative wastewater samples using twenty-four (24) hour flow-
proportional composite sampling techniques, unless time-proportional
composite sampling or grab sampling is required by the City. Where time-
proportional composite sampling or grab sampling is authorized by the City, the
samples must be representative of the permitted discharge.
b. Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides,
and volatile organic compounds must be obtained using grab collection
techniques. Using protocols (including appropriate preservation) specified in 40
CFR Part 136 and appropriate EPA guidance, multiple grab samples collected
during a twenty-four (24) hour period may be composited prior to the analysis
as follows: for cyanide, total phenols, and sulfides the samples may be
composited in the laboratory or in the field; for volatile organics and oil and
grease, the samples may be composited in the laboratory. Composited
samples for other parameters unaffected by the compositing procedures as
documented in approved EPA methodologies may be authorized by the City,
as appropriate. In addition, grab samples may be required to show compliance
with instantaneous local limits, including pH.
c. For sampling required in support of baseline monitoring and ninety (90) day
compliance reports required in 12-2-5(E)(2) and (3), a minimum of four (4) grab
samples must be used for pH, total phenols, oil and grease, sulfides, and
volatile organic compounds for facilities for which historical representative
sampling data do not exist. Where historical data are available, the City may
authorize a lower minimum. For the reports required by 12-2-5(E)(1), the
Industrial User is required to collect the number of grab samples necessary to
assess and assure compliance with applicable Pretreatment Standards and
Requirements.
3. Analytical Requirements. All pollutant analysis, including sampling techniques, to be
submitted as part of an Industrial Wastewater Permit application, report, permit or
other analyses required under this Chapter shall be performed in accordance with
the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless
otherwise specified in an applicable Categorical Pretreatment Standard. If 40 CFR
57
Part 136 does not contain sampling or analytical techniques for the pollutant in
question, or where the EPA determines that the Part 136 sampling and analytical
techniques are inappropriate for the pollutant in question, sampling and analyses
shall be performed by using validated analytical methods or any other applicable
sampling and analytical procedures, including procedures suggested by the City or
other parties approved by the EPA.
ti. Industrial User Permits /Non-Significant Industrial Users):
1. The City may issue a Wastewater Control Permit to any industrial user, who is not
otherwise considered a Significant Industrial User, and who is discharging or
proposes to discharge wastewater containing substances regulated under 12-2-5(8).
The terms of the Wastewater Control Permit shall be in accordance with this chapter.
2.. The Wastewater Control Permit may contain, as conditions for discharging
requirements for treatment wastewater discharge limitations and prohibitions, BMPs,
monitoring. sampling and analysis requirements. reporting and recordkeepinq
requirements. conditions for accessible inspections and other conditions as required
in 12-2-5 to ensure compliance with this chapter.
M 1-Sector Control Programs:
1. General Requirements.
a. Authority. The City will establish specific Sector Control Programs for Industrial
Users to control specific pollutants as necessary to meet the objectives of this
Chapter. Pollutants subject to these Sector Control Programs shall be
controlled using Best Management Practices (BMPs) or by permits as
determined by the City, which shall establish policies for each sector control
program. The City may delegate through agreement specific sector control
responsibilities to municipalities or sanitation districts that contribute
wastewater to the Littleton/Englewood Wastewater Treatment Plant.
b. Facility Identification and Compliance. The City shall establish an Industrial
User Identification and Characterization Program through which Users shall be
identified for inclusion into applicable Sector Control Programs. Once identified
and included into one (1) or more Sector Control Programs, the facility shall be
required to comply with each applicable program policy.
c . Notification to the City by the User and Management Review. The City shall
review new construction and existing facilities undergoing any physical change,
change in ownership, change in operations, or other change that could change
the nature, properties, or volume of wastewater discharge, to ensure that
current Sector Control Program policies are incorporated and implemented.
The User shall inform the City prior to:
(1) Sale or transfer of ownership of the business; or
(2) Change in the trade name under which the business is operated; or
58
(3) Change in the nature of the services provided that affect the potential to
discharge Sector Control Program pollutants; or
(4) Remodeling of the facility that may result in an increase in flow or
pollutant loading or that otherwise requires the facility to submit plans or
specifications for approval through a building or zoning department, or
any other formal approval process of a city, county, or other jurisdiction.
d. Inspections.
(1) The City may conduct inspections of any facility with or without notice for
the purpose of determining applicability and/or compliance with Sector
Control Program requirements.
(2) If any inspection reveals non-compliance with any provision of a Sector
Control Program policy requirement, corrective action shall be required
pursuant to the applicable sector control program policy.
(3) Inspection results will be provided in writing or electronically submitted to
the facility.
e. Closure. The City may require closure of plumbing, treatment devices, storage
components, containments, or other such physical structures that are no longer
required for their intended purpose. Closure may include the removal of
equipment, the filling in of a void and/or cementing, capping, plugging, etc.
Closure requirements shall be described for each Sector Control Program in a
respective Policy.
f. Variance. A variance as to the requirements of any sector control program for
existing facilities may be granted by the City for good cause. The facility has
the burden of proof of demonstrating through data and other information why a
variance should be granted. In no case shall a variance result in violation of
any requirement or effluent limit specified in this Chapter. The granting of any
variance shall be at the sole discretion of the City. The Water and Sewer Board
shall have authority to review a decision to deny the approval of a variance
made by the City.
If a variance is granted, the facility shall institute Best Management Practices
and other mitigation measures as 01:1tlined in the ¥ariance section of the
applicable sector control pro~raR1 policy. to achieve compliance with this
Chapter as determined by the City.
g. Enforcement and Compliance.
(1) These requirements form a part of this Chapter. Enforcement of this
regulation is governed by the express terms herein and the enforcement
provisions of 12-2-5(! J,)(3) and (4) of this Chapter.
(2) The City has the right to reject acceptance of any waste which may be
harmful to or cause obstruction of the wastewater collection system, or
which may cause or contribute to interference or pass-through or violate
any local limits adopted by the City .
59
(3) Facility owners and lessees regulated under this Section shall be jointly
and severally responsible for complying w ith the requirements and
standards established by these requirements.
(4) Any extraordinary costs incurred by the City due to interference, damage,
pass-through, or maintenance necessary in the treatment and/or
collection system shall be paid by the User to the City. The direct costs of
all labor, equipment and materials incurred in rectifying the interference or
damage, including reasonable attorney's fees, shall be billed directly to
the owner or the User by the City, and such costs shall become part of
the total charges due and owing to the City and shall constitute a lien on
the User until paid in full.
2. Program Descriptions.
a. FOG (Fats, Oils.. and Grease) Program Requirements. The requirements
established in this Section shall apply to Users subject to the FOG Sector
Control Program established by the City. Non-domestic dischargers where
preparation, manufacturing, or processing of food occurs include but are not
limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens,
sandwich shops, coffee shops, schools, nursing homes and other facilities that
prepare, service, or otherwise make foodstuff available for consumption. These
Users shall install and maintain a gravity grease interceptor as directed by the
City.
All Users subject to this Section must comply with the requirements in the FOG
Sector Control Program implementing policy which include both the
requirement for installation and operation of a gravity grease interceptor and
the Best Management Practices.
(1) General Control Requirements.
(a) A gravity grease interceptor shall be required when, in the judgment
of the City, it is necessary for the proper handling of liquid wastes
which may be harmful to, or cause obstruction in the wastewater
collection system or cause or contribute to interference or pass-
through.
(b) It shall be the responsibility of the User and owner of the property,
business or industry or an authorized representative of the User to
contact the City for the purpose of obtaining a plan review. The plan
review shall determine the need, size, location, and other
requirements of the interceptor required to control discharges into
the POTW. Written approval from the City must be obtained prior to
installation of the interceptor. The review of such plans and
operating procedures shall in no way rel ieve the User from the
responsibility of modifying such facilities as necessary to produce a
discharge acceptable to the City under the provisions of this
Chapter.
60
(c) The design and sizing of gravity grease interceptors shall be in
accordance with the FOG Sector Control Program policy and this
Chapter. The gravity grease interceptor shall be designed, sized,
installed, maintained and operated so as to accomplish their
intended purpose of intercepting pollutants from the User's
wastewater and preventing the discharge of such pollutants to the
City's wastewater collection system.
(d) Hydromechanical grease interceptors shall not be permitted in lieu
of a gravity grease interceptor to comply with the requirements of
this Chapter unless expressly authorized by the City.
(e) Toilets, urinals and similar fixtures shall not waste through a gravity
grease interceptor. Such fixtures shall be plumbed directly into the
building sewer and waste system.
(f) All fixtures not equipped with a garbage disposal (garbage grinder)
which are connected to a gravity grease interceptor shall be
equipped with a fixed or removable mesh or screen which shall
catch garbage and food debris and prevent it from entering the
gravity grease interceptor.
(g) The User must ensure interceptors are easily accessible for
inspection, cleaning, and removal of FOG.
(h) The User must maintain interceptors at their expense and keep in
efficient operating condition at all times by the Fegular remo1Jal of
FGG.
(2) Required Maintenance.
(a) Gra1Jity qGrease interceptors shall be maintained by regularly
scheduled cleaning so that they will properly operate as intended to
efficiently intercept the fats , oil and grease from the FOG facility's
wastewater and prevent the discharge of said materials into the
City's wastewater collection system. l\ fi1Fa1Jity fi!Fease interceptor
shall be serviced at a minimum every ninety (90) days, or more
often as pro1a1ided in the FOG sector control program policy .
Maintenance frequency shall be in accordance with the FOG Sector
Control Program policy,
(b} The City may req1:1ire more freq1:1ent cleaning than that prescribed in
12 2 5(H)(2)(a)(2)(a) above. l\ variance from the requirement in 12
2 5(1=1)(2)(a)(2)(a) abo~1e may be obtained if the User can
demonstrate less frequent cleaning is sufficient.
~ ~) Maintenance of gra•a1ity grease interceptors shall be done in a
workman-like manner only by a business/professional normally
engaged in the servicing of such plumbing fixtures.
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(el~) In the event an interceptor is not properly maintained by the User,
owner, lessee, or other authorized representative of the facility, the
City may authorize such maintenance work be performed on behalf
of the User. The costs of such maintenance shall be billed directly to
the User and shall become part of the charges due and owing to the
City and shall constitute a lien against the property until paid in full.
(e g) Biological treatment or enzyme treatment shall not be a substitute
for the servicing of gra\lity grease interceptors at the frequency
determined by the City. Use of enzymes to emulsify FOG is
prohibited. The direct addition of any enzyme. chemical or microbial
agent to a grease interceptor is prohibited.
~ All records. receipts, and manifests of grease interceptor
maintenance removal of grease interceptor contents, and offsjte
hauling of FOG waste including waste grease bin contents shall
remain on the premises or made accessible for review by the City at
any time for a minimum of three <3} years The City may require a
User to submit copies of an records: receipts and manifests of
grease interceptor and/or waste grease bin maintenance. removal of
grease interceptor and/or waste grease bin contents, and off-site
hauling of FOG waste.
ID The User must elocument each pump out with a 1.'laste manifest or
trip ticket which must be kept on site for at least three (d) years.
(gt) The User is responsible for ensuring that companies used for the
removal and transport of grease waste from a grease interceptor are
properly registered with the State.
(g) The User must take reasonable steps to assure that all waste is
properly disposed of at a facility in accordance with Federal, State
and local regulations (i.e. through a certification by the hauler
included on the waste manifest or trip ticket for each load).
b. POGS (Sanf//Oil ~n#eroe,:,#er Petroleum Oil Grease. and Sandi Program
Requirements. The requirements established in this Section shall apply to
Users subject to the POGS Program requirements established by the
City.
Non-domestic dischargers where work or service is performed include
automotive services, machine shops, stone cutters, automotive care
centers, ~auto body and detail shops, car washes, or any other
facility that generates sand, solvents, oetroleum oil, grease or other
petroleum product, grit, gravel or other aggregate that may discharge into
a wastewater collection system . Access to the wastewater collection
system is often via floor drains located inside shop areas that are not
limited to non-polluting wastewater sources; such drains must be
connected to a sand/oil interceptor.
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All Users subject to this Section must comply with the requirements in the
POGS Sector Control Program implementing policy which includes both
the requirement for installation and operation of a sand/oil interceptor and
the Best Management Practices.
( 1) General Control Requirements.
(a) A sand/oil interceptor shall be required when, in the judgment
of the City, it is necessary for the proper handling of~
wastes which may be harmful to, or cause obstruction in the
wastewater collection system or cause or contribute to
interference or pass-through.
(b) It shall be the responsibility of the User and owner of the
property, business or industry or an authorized representative
of the User to contact the City for the purpose of obtaining a
plan review. The plan review shall determine the need, size,
location, and other requirements of the interceptor required to
control discharges into the POTW. Written approval from the
City must be obtained prior to installation of the interceptor.
The review of such plans and operating procedures shall in no
way relieve the User from the responsibility of modifying such
facilities as necessary to produce a discharge acceptable to
the City under the provisions of this Chapter.
(c) The design and sizing of sand/oil interceptors shall be in
accordance with the POGS Sector Control Program policy and
this Chapter. The sand/oil interceptor shall be designed, sized,
installed, maintained and operated so as to accomplish their
intended purpose of intercepting pollutants from the User's
wastewater and preventing the discharge of such pollutants to
the City's wastewater collection system.
(d) Upon change of ownership of any existing facility which would
be required to have an interceptor under this Section, the
applicant for sanitary sewer service shall have the burden to
demonstrate that a properly sized and functioning sand/oil
interceptor is installed.
(e) Toilets, urinals and similar fixtures shall not discharge waste
through a sand/oil interceptor. Such fixtures shall be plumbed
directly into the building sewer and waste system.
(f) The User shall ensure interceptors are easily accessible for
inspection, cleaning, and removal of POGS.
(g) The User shalt ~ maintain interceptors at their expense and
keep in efficient operating condition at all times. by the FegulaF
Femo1Jal of POGS.
63
£tu Biological treatment or enzyme treatment shall not be a
substitute for the servicing of sand/oil interceptors at the
frequency determined by the City, Use of enzymes to emulsify
petroleum oils and grease is prohibited. The direct addition of
any enzyme. chemical or microbial agent to a sand/oil
interceptor is prohibited,
(2) Required Maintenance.
(a) Sand/oil interceptors shall be maintained by regularly
scheduled cleaning so that they will properly operate as
intended to efficiently intercept the sand and oil from the
POGS facility's wastewater and prevent the discharge of said
materials into the City's wastewater collection system. A
sandtoil inteFseptor shall be servised at a minimum onse every
year, or more often as proYided in the POGS Sector Control
Program polisy. Maintenance frequency shall be in
accordance with the POGS Sector Control Program policy.
~ The City may require more frequent sleaning. A •,arianse from
the requirements in 12 2 5(N)(2)(b)(2)(a~ may be obtained
when the User san demonstrate less frequent sleaning is
suffisient.
(s Q) Maintenance of sand/oil interceptors shall be done in a
workman-like manner only by a business/professional normally
engaged in the servicing of such plumbing fixtures.
(a,) In the event an interceptor is not properly maintained by the
User, owner, lessee, or other authorized representative of the
facility, the City may authorize such maintenance W&Fk to be
performed on behalf of the facility. The costs of such
maintenance shall be billed directly to the customer and shall
become part of the charges due and owing to the City and
shall constitute a lien against the property until paid in full.
(e g) The User must document each pump-out with a waste
manifest or trip ticket which must be kept on site remain on the
premises or be made accessible for review by the City at any
time for a minimum of fer at least three (3) years.
(f ~) The User must take reasonable steps to assure that all waste
is properly disposed of at a facility in accordance with Federal,
State and local regulations (i.e. through a certification by the
hauler included on the waste manifest or trip ticket for each
load).
s. Sl-J.t,eer SeGtor Cont.i:o.' Prog1=aFR. The requirements established in this
Section shall ap13ly to Users subject to the Sil11er Sester Control
Program requirements established by the City insluding, but not
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limited to, photo prosessing asti"o•ities, X ray prosessing asti1.•ities,
and printingtpublishing asti"o•iUes that generate sil-.ier rish 11.•astewater
solutions.
(4j GOROFa! CoRtFo! RoqwremoRts.
{a) Users affested by this Sestion shall be required to
implement a sil-.ier reso¥ery option as stated in the Silver
Sester Control Program polisy.
{b} Control effisiensy requirements shall be determined by
quantity of prosess waste1.t.iater generated, as spesified
in the Sil11er Sester Control Program policy.
~ Control options shall be implemented in accorelanse with
requirements in the Si111er Sester Control Program policy.
~ Roq1:1!Fed Ma!RteRaRGe amJ ResordkeepiRg.
{a) Users are required te install and maintain sil1Jer reco•Jery
equipment in accordance with manufasturer's
recommendations.
{b} Users are required te maintain on site records
dosumenting seF¥ising and maintenance of the silYor
reco1Jery equipment and waste management astii.•ities .
These records shall be retained for a minimum of three
(3) years.
d. MeFGl:II)' SeskJr CoRl."e! Program!,,. The City v,•ill establish specific
8est Management Prastiees (8MPs) for Industrial Users to control
dissharges of mercury te the POTV'J, as necessary, to meet the
objecti\'es of this Chapter. These BMPs shall be requireel through
permit, where nesessary, for Significant lnelustrial User and by
permit, erder or ether means for Non Signifisant Industrial Users.
e-: NoR}'.'pheRo! SeskJr CoRl."e! Prog,=am . The City will establish specifie
Best Management Prastices (8MPs) for Industrial Users to sontrol
discharges of nonylphenol to the POTW, as nesessary, to meet the
objesti\'es of this Chapter. These BMPs shall be required through
permit, 'lJhere necessary, for Signifisant Industrial User and by
permit, erder or ether means for Non Significant Industrial Users
f::C.. Trucked and Hauled Septage.
(1) General Requirements. The requirements established in this
Section shall apply to operators of companies subject to the
Trucked and Hauled Septage Sector Control Program
requirements established by the City. Users who dispose of
trucked and hauled septage waste at the POTW's Septage
Waste Receiving Facility (SWRF) shall obtain a permit to do
so.
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(2) General Control Requirements.
(a) All Users proposing to discharge trucked and hauled
septage wastes shall apply for and obtain the required
SWRF permit from the City. A User with an expiring
SWRE permit shall apply for a new permit by submitting
a complete permit applicatjon at least thirty <30) days
prjor to the expiratjon of the user's existjng SWRf
permit.
LQl septic waste tees and charges are specified in 12-2-4.
~ All fees shan be paid in full prior to the issuance of a
SWRF permit
(b g) SWRF permits are nen transferable and rnay be reveked
at the City"s dissretien issued to the User for a specific
operation. Permits cannot be reassigned, transferred.
subiet or sold to a new user different premises or a new
or changed operation.
(s e) Users of the SWRi; are responsible f.ar supplying the
sorrest sii!:e sarn losk fitting and length of hose to ensure
proper, spill ffee discharge. SWRF permjts may be
modified, suspended or revoked io whole or in part with
cause as determined by the City.
(d f) The City shall establish standards and requirements that
shall be met prior to and during the discharge of trucked
and hauled septage wastes to the POTW.
(e g) Any violation of the terms and conditions of an SWRF
permit, failure to apply for an SWRF permit as required,
or discharging without a required SWFR permit shall be
deemed a violation of this Chapter and subjects the
hauler to the sanctions set out in 12-2-5(1 J). Obtaining
an SWFR permit does not relieve a permittee of its
obligation to comply with all Federal and State
Pretreatment Standards or Requirements.
(f ,b) The City has the right to reject any waste which may be
harmful to or cause obstruction of the wastewater
collection system, or which may cause or contribute to
interference or pass-through or violate any local limits
adopted by the City. The discharge of industrial or
commercjal waste through the septage waste program is
prohibited.
l J. Compliance and Enforcement
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1. Enforcement Response Plan. The City may adopt policies and procedures as set
forth in the City's Enforcement Response Plan for carrying out the provisions of this
Chapter, provided that such policies and procedures are not in conflict with this
Chapter or any applicable State or Federal law or regulation.
2. Publication of Users In Significant Non-Compliance. The City shall publish annually,
in a newspaper of general circulation that provides meaningful public notice within
the jurisdictions served by the POTW, a list of the Significant Industrial Users which,
at any time during the previous twelve (12) months, were in Significant Non-
Compliance (12-2-1(0) with applicable Pretreatment Standards and Requirements.
In addition, any User found to be in significant non-compliance with 12-2-1 (D),
Significant Non-Compliance, paragraphs (c), (d), or (h) shall also be published in the
newspaper.
3 . Administrative Enforcement Actions.
i. Verbal Nptificatign. When the City finds a User has committed a minor isolated
viglation gt a sector Control Program. the City may notify the user informally
through a phone call or in person. Verbal notifications related to enforcement
or the investigation of suspected violations are documented in writing and
placed in the respective Industrial User file,
b.. Warning Letter. When the City finds a User has committed a minor isolated
violation of any provision of this Chapter or an lndustrjal Wastewater Permit,
the City may serve upon the User a written warning letter. warning letters may
be jssued as follow-up correspondence to verbal notifications or in lieu gf
verbal notjfications .
~ Notice of Non-Compliance, When the Cjty finds a User has violated
requirements of a sector Control Program. the City may serve upon the User a
written notice of non-compliance containjpg corrective actions and a schedule
tor completing the corrective action in accordance with the Sector control
Program Policy.
a Q. Notice of Violation (NOV). When the City finds that a User has violated, or
continues to violate, any provision of this Chapter, an Industrial Wastewater
Permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, the City may serve upon the User a written notice of violation .
\Nithin fiYe (5) working says of the receipt of Sl:lsh notice, insh,1aing Notice of
Violations may jnclude conditions and requirements to address the violation
including an explanation of the violation and a plan for the satisfactory
correction * Q[ prevention thereof; ~ Wjtbio a time frame established by the
City. a wrjtten plan to include specific required actions, shall be submitted by
the User to the City. Submission of such a plan in no way relieves the User of
liability for any violations occurring before or after receipt of the notice of
violation . Nothing in this Section shall limit the authority of the City to take any
action, including emergency actions or any other enforcement action, without
first issuing a notice of violation .
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e e. Administrative Compliance Order. When the City finds that a User has violated,
or continues to violate, any provision of this Chapter, an Industrial Wastewater
Permit, or order issued hereunder, or any other Pretreatment Standard or
Requirement, the City may issue an order to the User responsible for the
discharge directing that the User come into compliance within a specific time. If
the User does not come into compliance within the time provided, sewer
service may be discontinued unless adequate treatment facilities, devices, or
other related appurtenances are installed and properly operated. Compliance
orders also may contain administrative fines and/or other requirements to
address the non-compliance, including additional self-monitoring and
management practices designed to minimize the amount of pollutants
discharged to the sewer. A compliance order may not extend the deadline for
compliance established for a Pretreatment Standard or Requirement, nor does
a compliance order relieve the User of liability for any violation, including any
continuing violation. Issuance of a compliance order shall not be a bar against,
or a prerequisite for, taking any other action against the User.
G f. Consent Orders. The City may enter into consent orders, assurances of
compliance, or other similar documents establishing an agreement with any
User responsible for non-compliance. Such documents shall include specific
actions to be taken by the User to correct the non-compliance within a time
period specified by the document. A consent order may include penalties,
supplemental environmental projects, or other conditions and requirements as
agreed to by the City and the User.
d g. Show Cause Hearing.
(1) The City may order a User which has violated, or continues to violate, any
provision of this Chapter, an Industrial Wastewater Permit, an order
issued hereunder, or any other Pretreatment Standard or Requirement, to
appear before the Water and Sewer Board and show cause why the
proposed enforcement action should not be taken. Notice shall be served
on the User specifying the time and place for the hearing, the proposed
enforcement action, the reasons for such action, and a request that the
User show cause why the proposed enforcement action should not be
taken. The notice of the hearing shall be served personally or by
registered or certified mail (return receipt requested) at least ten (10) days
prior to the hearing. Such notice may be served on any authorized
representative of the User as defined in 12-2-1(D). A show cause hearing
shall not be a bar against, or prerequisite for, taking any other action
against the User.
(2) The Water and Sewer Board may conduct the hearing and take the
evidence, or may designate a representative to:
(a) Issue in the name of the Water and Sewer Board notices of
hearings requesting the attendance and testimony of witnesses and
the production of evidence relevant to any matter involved in any
such hearings;
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(b) Take the evidence;
(c) Transmit a report of the evidence and hearing to the Water and
Sewer Board, including transcripts and other evidence, together with
recommendations for action thereon.
(3) At any public hearing, testimony taken before the hearing authority or any
person designated by it, shall be under oath and recorded
stenographically. The transcript so recorded will be made available to any
member of the public or any party to the hearing upon payment of the
usual charges therefore.
(4) Upon review of the evidence by the Water and Sewer Board, the Board
shall make written findings of fact and conclusion upholding, modifying or
striking the proposed enforcement action.
e !J. Administrative Fines.
(1) When the City finds that a User has violated, or continues to violate, any
provision of this Chapter, an Industrial Wastewater Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement,
the City may fine such User in an amount not to exceed five thousand
dollars ($5,000.00) per day, per violation . Such fines shall be assessed
on a per violation, per day basis. In the case of monthly or other long-term
average discharge limits, fines shall be assessed for each day during the
period of violation.
~ lo determining the amount of administrative fine, the City shall take into
account all relevant circumstances, including but not limited to the impact
or threat to the POTW worker and public health. or the environment as a
result of the violation, the magnitude and duration of the violation. any
economic benefit gained through the User's violation, compliance history
and good faith actions by the User, and any other factor as justice
requires,
~ The City may seek compliance history from other local, State, or Federal
sources as it relates to the provisions of this chapter.
W The City preserves all rights under applicable law to file a claim in a Court
of competent jurisdiction to recover liabilities in excess of the
Administrative fine threshold.
(2 ~) A lien against the User's property shall be sought for unpaid charges,
fines, and penalties.
(3 §) Users desiring to appeal such fines must file a written request for the City
to reconsider the fine along with full payment of the fine amount within
fifteen (15) days of being notified of the fine. Such notice or appeal shall
set forth the nature of the order or determination being appealed, the date
of such order or determination, the reason for the appeal, and request a
hearing pursuant to procedures outlined in 12 2 5(1)(3)(s) 12-2-5lJ}(3}(g).
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(4-Z) Issuance of an administrative fine shall not be a bar against, or
prerequisite for, taking any other action against the User.
4. Judicial Enforcement Remedies.
a. Injunctive Relief. When the City finds that a User has violated, or continues to
violate, any provision of this Chapter, an Industrial Wastewater Permit, or order
issued hereunder, or any other Pretreatment Standard or Requirement, the City
may petition the Englewood Municipal Court for the issuance of a temporary or
permanent injunction, as appropriate, which restrains or compels the specific
performance of the Industrial Wastewater Permit, order, or other requirement
imposed by this Chapter on activities of the User. The City may also seek such
other action as is appropriate for legal and/or equitable relief, including a
requirement for the User to conduct environmental remediation. A petition for
injunctive relief shall not be a bar against, or a prerequisite for, taking any other
action against a User.
b. Civil Penalties.
(1) A User who has violated, or continues to violate, any provision of this
Chapter, an Industrial Wastewater Permit, or order issued hereunder, or
any other Pretreatment Standard or Requirement shall be liable to the
City for a maximum civil penalty not to exceed five thousand dollars
($5,000.00) per day, per violation. In the case of a monthly or other long-
term average discharge limit, penalties shall accrue for each day during
the period of violation.
(2) The City may recover reasonable attorneys' fees, court costs, and other
expenses associated with enforcement activities, including sampling and
monitoring expenses, and the cost of any actual damages incurred by the
City.
(3) In determining the amount of civil liability, the court shall take into account
all relevant circumstances, including, but not limited to, the extent of harm
caused by the violation, the magnitude and duration of the violation, any
economic benefit gained through the User's violation, corrective actions
by the User, the compliance history of the User, and any other factor as
justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite
for, taking any other action against a User.
c. Criminal Prosecution. A User who willfully or negligently violates any provision
of this Chapter or willfully, negligently introduces any substance into the POTW
which causes personal injury or property damage or knowingly makes any false
statements, representations, or certifications in any application, record, report,
plan, or other documentation filed or required to be maintained an Industrial
Wastewater Permit or order issued hereunder, or any other Pretreatment
Standard or Requirement, shall upon conviction, be guilty of a misdemeanor,
punishable by a fine not to exceed five thousand dollars ($5,000.00) per day
70
per violation and be subject to imprisonment for not more than one (1) year, or
both.
d. Remedies Non -Exclusive . The remedies provided for in this Chapter are not
exclusive of any other remedies that the City may have under the provisions of
Colomdo Federal and State law. The City may take any, all, or any combination
of these actions against a non-compliant User. Enforcement of pretreatment
violations will generally be in accordance with the Enforcement Response Plan .
However, the City may take other action against any User when the
circumstances warrant and may take more than one (1) enforcement action
against any non-compliant User.
5. Supplemental Enforcement Actions.
a . Performance Bonds. The City may decline to issue or reissue an Industrial
Wastewater Permit to any User who has failed to comply with any provision of
this Chapter, a previous Industrial Wastewater Permit, or order issued hereunder,
or any other Pretreatment Standard or Requirement, unless such User first files a
satisfactory bond, payable to the City of Englewood, in a sum not to exceed a
value determined by the City to be necessary to assure consistent compliance.
b . Liability Insurance. The City may decline to issue or reissue an Industrial
Wastewater Permit to any User who has failed to comply with any provision of
the permit or order issued hereunder, or any other Pretreatment Standard or
Requirement, unless the User first submits proof that it has obtained financial
assurances sufficient to restore or repair damage to the POlW caused by its
discharge.
c. Payment of Outstanding Fees and Penalties. The City may decline to issue or
reissue an Industrial Wastewater Permit to any User who has failed to pay any
outstanding fees , fines or penalties incurred as a result of any provision of this
Chapter, a previous Industrial Wastewater Permit, or order issued hereunder.
d . Public Nuisances . A violation of any provision of this Chapter, an Industrial
Wastewater Permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement is hereby declared a public nuisance and shall be
corrected or abated as directed by the C ity. Any person(s) creating a public
nuisance shall be subject to the provisions of the City Municipal Code governing
such nuisances, including reimbursing the City for any costs incurred in
removing, abating, or remedying said nui sance.
e . Contractor Listing. Users which have not achieved compliance with applicable
Pretreatment Standards and Requirements are not eligible to receive a
contractual award for the sale of goods or services to the City. Existing contracts
for the sale of goods or services to the City held by a User found to be in
Significant Non-Compliance with Pretreatment Standards or Requirements may
be terminated at the discretion of the City.
6. Affirmative Defenses to Discharge Violations.
a. Upset.
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(1) For the purposes of this Section, upset means an exceptional incident in
which there is unintentional and temporary non-compliance with Categorical
Pretreatment Standards because of factors beyond the reasonable control
of the User. An upset does not include non-compliance to the extent
caused by operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventative maintenance, or
careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought for
non-compliance with Categorical Pretreatment Standards if the
requirements of paragraph (3) below, are met.
(3) A User who wishes to establish the affirmative defense of upset shall
demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(a) An upset occurred and the User can identify the cause(s) of the upset;
(b) The facility was at the time being operated in a prudent and workman-
like manner and in compliance with applicable operation and
maintenance procedures; and
(c) The User has submitted the following information to the City within
twenty-four (24) hours of becoming aware of the upset (if this
information is provided orally, a written submission must be provided
within five (5) days);
(i) A description of the indirect discharge and cause of non-
compliance;
(ii) The period of non-compliance, including exact dates and times
or, if not corrected, the anticipated time the non-compliance is
expected to continue; and
(iii) Steps being taken and/or planned to reduce, eliminate, and
prevent recurrence of the non-compliance.
(4) In any enforcement proceeding, the User seeking to establish the
occurrence of an upset shall have burden of proof.
(5) Users shall have the opportunity for a judicial determination on any claim of
upset only in an enforcement action brought for non-compliance with
Categorical Pretreatment Standards.
(6) Users shall control (decrease) production or all discharges to the extent
necessary to maintain compliance with Categorical Pretreatment Standards
upon reduction, loss, or failure of its treatment facility until the facility is
restored or an alternative method of treatment is provided. Thls requirement
applies in the situation where, among other things, the primary source of
power of treatment facility is reduced, lost or fails.
72
b. Prohibited Discharge Standards. A User shall have an affirmative defense to an
enforcement action brought against it for non-compliance with the general and
specific prohibitions in 12-2-5(6)(1) if it can prove that it did not know, or have
reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause interference or pass-through and that either:
( 1) A local limit exists for each pollutant discharged and the User was in
compliance with each limit directly prior to, and during, the interference or
pass-through; or
(2) No local limit exists, but the discharge did not change substantially in nature
or constituents from the User's prior discharge when the City was regularly
in compliance with its COPS permit, and in the case of interference, was in
compliance with applicable sludge use or disposal requirements; or
(3) The User disclosed the pollutants causing the violation in the wastewater
permit application.
~ Bypass,
ill For the purposes of thjs Sectjon. Bypass means the intentional diversion of
wastestreams from any portion of a user's treatment facility. severe
property damage means substantial physical damage to property. damage
to the treatment facilities which causes them to become inoperable. or
substantial and permanent loss of natural resources which can reasonably
expected to occur in the absence of a bypass. severe property damage
goes not mean economic loss caused by delays in production
!2.l A User may auow any bypass to occur which does not cause Pretreatment
Standards or Requirements to be violated, but only if it also is for essential
maintenance to assure efficient operation. These bypasses are not subject
to the provisjog of paragraphs <3) and <4}.
~ Bypass Notifications,
~ I{ a User knows in advance of the need for a bypass. it shall submit
prior notice to the City. at least ten < 1 O} days before the date of the
bypass. if possible.
!R> A user shall submit oral notice to the Cjty of an unanticipated bypass
that exceeds applicable Pretreatment standards within twenty-tour
(24} hours from the time it becomes aware of the bypass A written
submission shall also be provided within five <S} days of the time the
User becomes aware of the bypass. The written submission shall
contain a descrjption of the bypass and its cause; the duration of the
bypass. including exact dates and times. and, jf the bypass has not
been corrected, the antjcipated tjme it is expected to continue· and
steps taken or planned to reduce, eliminate. and prevent reoccurrence
of the bypass The City may wajve the written report on a case-bv-
case basis if the oral report has been received within twenty-four (24}
~
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Lil Bypass is prohibited, and the Cjty may take an enforcement action against
a User for a bypass unless:
Lil Bypass was unavoidable to prevent loss of life, personal jnjury. or
severe property damage;
!Ql There were no feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities. retention of untreated wastes or
maintegance during normal perjogs of equipment downtime. Thjs
condition is not sat;s(ied if adequate back-up equipment should have
been installed in the exercise of reasonable enqioeecioq ;uggment to
prevegt a bypass which occurred durjnq normal periods of egujpment
downtime or preventive maintenance; and
~ The user submitted notices as required under paragraph <3}.
@ the c;ty may approve ag anticjpated bypass. after considering jts adverse
effects if the c;ty deteqnioes that it wm meet the three conditions listed in
paragraph <4).
J ~-Recovery of Costs:
1. It is the purpose of this section to provide for the recovery of costs from users of the
City's wastewater disposal system for the implementation of the program established
herein. These fees relate solely to the matters covered by these Industrial
Pretreatment Program Regulations and are separate from all other fees chargeable
by the City.
2. The City may adopt charges and fees that may include:
a . Fees for reimbursement of costs of setting up and operating the POTWs
pretreatment program;
b. Fees for jndustrjal user identificatjon monitoring. inspections and surveillance
procedures;
c. Fees for reviewing spill prevention and control procedures and construction;
d. Fees for permit issuance, including public notice costs;
e. Fees for filing appeals;
f. Fees for consistent removal of pollutants otherwise subject to Federal
Pretreatment Standards;
g. Fees for the cost of publication in the newspaper for annual Significant Non-
Compliance notifications; and
h. Other fees as the City may deem necessary to carry out the requirements
contained herein.
3. Civil Fine Pass-Through. In the event that a User discharges such pollutants which
cause the City to violate any condition of its COPS permit and the City is fined by
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EPA or the State for such violation, then such User shall be fully liable for the total
amount of the fine assessed against the City by EPA and/or the State.
4. Industrial Surcharge Cost Recovery. Industries that are permitted as Significant
Industrial Users or have been issued a Wastewater Control Permjt and that
discharge wastewater with BOD, COD and/or TSS in excess of Normal Domestic
Strength Wastewater (12-2-1(0)) will be charged for the cost of handling and
treatment of these wastes as specified in Section 12-2-3(0)(2). The use of
surcharges does not permit the User to otherwise exceed any prohibitions, local
limits, or BMPs specified at 12-2-5 (8) and (W 1), or any Federal and State
Pretreatment Standards or Requirements.
Section 5. Safety Clauses. The City Council hereby finds, determines, and declares
that this Ordinance is promulgated under the general police power of the City of Englewood,
that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to
the proper legislative object sought to be obtained.
Section 6. Severability. If any clause, sentence, paragraph, or part of this Ordinance or
the application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the
remainder of this Ordinance or it application to other persons or circumstances .
Section 7. Inconsistent Ordinances. All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the
extent of such inconsistency or conflict.
Section 8. Effect of repeal or modification. The repeal or modification of any provision
of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal,
which shall have been incurred under such provision, and each provision shall be treated and
held as still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits , proceedings, or prosecutions.
Section 9. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Read by Title and passed on final reading on the 17th day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. 48, Series of 2017, on
the 20th day of July, 2017 .
Published by title on the City's official website beginning on the 19th day of July, 2017 for
thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
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ATTEST:
Ste
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. 48, Series of 2017.
7steµhan'ie Carlile
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