Loading...
HomeMy WebLinkAbout2017 Ordinance No. 055ORDINANCE NO. 55 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT FOR DISTRICTS BETWEEN CHERRYVALE SANITATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns and operates a sewage system, including a sewage treatment plant which is jointly owned and operated with the City of Littleton known as the UE Wastewater Treatment Plant (WWTP}; and WHEREAS , the U · · ice to districts outside of the corpora e WHEREAS, the UE WWTP conducts an Industrial Pretreatment program to control industrial/commercial wastes entering the wastewater collection and treatment system; and WHEREAS, the UE WWTP Industrial Pretreatment Program is designed to prevent pass through of pollutants to the South Platte River, protect the collection and treatment system from damage, protect the public and worker health and safety and improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludge; and WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental Wastewater Connector's Agreement for Districts between Cherryvale Sanitation District and Englewood in February 1989. WHEREAS, The UE WWTP Industrial Pretreatment Program is subject to Environmental Protection Agency (EPA) oversight and approval; and WHEREAS, the EPA conducted an audit of the UE WWTP Industrial Pretreatment Program on February 24, 2014 through February 27, 2014; and WHEREAS, EPA identified that the current Pretreatment program administered by the UE WWTP does not have the legal framework to fully implement the Pretreatment Regulations in the 19 outside contributing jurisdictions in its service area because the Intergovernmental Connector's Agreement does not provide adequate delegation of the Pretreatment program implementation to the cities of Littleton and Englewood; and WHEREAS, EPA required a corrective action that the UE WWTP update the Intergovernmental Wastewater Connector's Agreement Ordinance No. 10, Series of 2013, to establish delegation for implementation of the Pretreatment Regulations, the passage of this Ordinance the Addendum to Wastewater Connector's Agreement responds to EPA's corrective action requirements by establishing delegation for implementation of the Pretreatment Regulations within the District; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of Cherryvale Sanitation District Addendum to Wastewater Connector's Agreement at their August 8, 2017 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement between the City of Englewood and Cherryvale Sanitation District entitled "Addendum to Wastewater Connector's Agreement' is hereby approved; a copy is attached hereto as Exhibit A. Section 2. The Mayor is authorized to execute and City Clerk to attest and seal the Intergovernmental "Addendum to Wastewater Connector's Agreement", for and on behalf of the Englewood City Council. Introduced, read in full, and passed on first reading on the 18th day of September, 2017. day of September, 2017. Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of September, 2017 for thirty (30) days. Read by Title and passed on final reading on the 2nd day of October, 2017. Published by Title in the City's official newspaper as Ordinance No. 55, Series of 2017, on the 5th day of October, 2017. Published by Title on the City's official website beginning on the 4 th day of October, 2017 for thirty (30} days. This Ordinance shall take effect thirty (30} days aftec passage. ATTEST: I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 55, Series of 2017. ~. ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT For Sanitation Districts without Industrial Users c;r \ 1 This Addendum is made and entered into this l -day of __ ~___.,_/t_Vt------- 20 J.6, to be effective as of _______ ___, by and between the CITY of ENGLEWOOD, COLORADO, hereinafter referred to as "City", a municipal corporation, acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and Cherryvale Sanitation District (Name ofSenitation District) ~ c. o ,:-e_ o ..,.-d'; r;n of the State of r (Type of Entity) Colorado, hereinafter called "District", acting by and through its authorized Representative. WITNESS ETH (" Agreement") dated E~ ~"1-'l 7, I 1 gi a copy of which is attached hereto and incorporated by reference, pursuant to which the City and the District agreed that the City would provide wastewater treatment services to the District through the Littleton/Englewood Bi-City Wastewater Treatment Plant ("Wastewater Plant"); and WHEREAS, the terms and provisions of the Agreement remain in effect unless expressly modified by this Addendum; and WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed the City to establish an inter-jurisdictional agreement between the City and the District which provides the City with the authority to implement the "Industrial Pretreatment Program", contained in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, for any industrial users currently located or hereafter locating in the District; and WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer system all applicable City municipal code provisions and rules and regulations of the City shall be the minimum standards for the District's sanitary sewer system; and WHEREAS, the City has determined that the provisions of the Agreement provide the City with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the EPA; and WHEREAS, the parties desire to further clarify the obligations and responsibilities of the District and the City with respect to the enforcement of the City's Municipal Code, rules and regulations within the service area of the District; and WHEREAS, the EPA defines "Industrial User" as "a source of nondomestic waste" and "any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines Nondomestic User as "any person or entity that discharges wastewater from any facility other than a residential unit". NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties agree as follows: 1. The recitals above are incorporated herein by this reference. 2. The City and District mutually agree to comply fully with all applicable federal, state and local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated by the EPA, Colorado Regulations 5 CCR 1002-63 promulgated by the Colorado Water Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter 2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, as each is amended from time to time, and all wastewater contribution requirements adopted by the City in accordance with the Agreement. 3. The parties, from time to time, shall review and revise this Addendum, if necessary, to ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act, the federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City Municipal Code. 4. In the event that any Industrial User or Nondomestic User locates within the District, the District agrees to abide by Subsections l and II below, and the District further agrees to inform the City of any industrial users or nondomestic users locating within the District. I. City Responsibilities l. The City shall be responsible for and shall accept the following duties and perform the following actions in relation to all current and future Industrial Users and/or Nondomestic Users located within the District, and the District agrees to cooperate to the extent necessary for the City to successfully carry out its responsibilities: A. The City, on behalf of and as an agent for the District, shall perform technical and administrative duties necessary to assist the District with the implementation and enforcement of the District's rules and regulations regarding Industrial Users and/or Nondomestic Users. Without limiting the generality of the foregoing, the City agrees that it shall: (i) Update the City's industrial waste survey; (ii) Issue permits to all Industrial Users and/or Nondomestic Users within the District required to obtain a permit; (iii) Have the right to conduct inspections, sampling, and analysis; (iv) Take all appropriate enforcement actions as outlined in the City's enforcement response plan and consistent with this Addendum; (v) Provide notice to the District of enforcement actions taken by the City against any Industrial User and/or Nondomestic Users located within the District boundaries; 2 (vi) Perfonn any other technical or administrative duties the parties deem appropriate; (vii) Upon reasonable notice to the City, provide the District access to all records or documents relevant to the Industrial Pretreatment Program for any Industrial User and/or Nondomestic Users located within the District's service area. (viii) The City will make a reasonable effort to notify the District in advance of any public hearing to change municipal code provisions referenced in this Addendum, and make a reasonable effort to provide an opportunity for the District to comment on proposed changes. B. In addition, the City may, as appropriate, and as an agent of the District, take emergency action to stop or prevent the discharge from Industrial Users or Nondomestic Users of any wastewater which presents or may present an imminent danger to the health, safety and welfare of humans or which reasonably appears to lbmnf&o •bs ooxirooro1mt oc wbisb th mastms 10 sm,w iar,efwa~ith oc oass through the Wastewater Plant, or cause sludge contamination. In the event the City deems such emergency action appropriate it shall provide the District with notice thereofin advance, if possible, but no later than 24-hours after the action is initiated. C. The City, on behalf of the District, agrees to perfonn the following actions as set forth in 40 CFR Part 403.S(t) and summarized as follows: (i) Control through pennit, or similar means, the contribution to the City by Industrial Users and/or Nondomestic Users; (ii) Require compliance with applicable Industrial Pretreatment Program standards and requirements by Industrial Users and/or Nondomestic Users; (iii) Deny or condition new or increased contributions of pollutants or changes in the nature of pollutants by Industrial Users and/or Nondomestic Users; (iv) Require the development of compliance schedules by each Industrial Users and/or Nondomestic Users for the installation of technology required to meet applicable Industrial Pretreatment Program standards and requirements; (v) Require the submission of all notices and self-monitoring reports from Industrial Users and/or Nondomestic Users as are necessary to assess and assure compliance by Industrial Users and/or Nondomestic Users with Industrial Pretreatment Program standards and requirements, including, but not limited to, the reports required in 40 CFR 402.12; (vi) Carry out all inspection, surveillance and monitoring procedures necessary to determine, independent of information supplied by Industrial Users and/or Nondomestic Users, compliance or noncompliance with applicable Industrial Pretreatment Program standards and requirements by Industrial Users; (vii) Enter premises of any Industrial User and/or Nondomestic User in which a discharge source or treatment system is located, or in which records are required to be kept pursuant to 40 CFR 403.12(0), to assure compliance with Industrial Pretreatment Program standards and requirements; 3 (viii) Evaluate compliance with the Industrial Pretreatment Program standards and requirements and obtain remedies, including the ability to seek injunctive relief and assess civil or criminal penalties for each violation; (ix) Conform to confidentiality requirements set forth in 40 CFR Part 403 .14 of the Industrial Pretreatment Program standards and requirements. D. If the District performs its own fats, oils and grease ("FOG") program or petroleum, oil, grease and sand ("POGS") program it shall notify the City in the event that the District discontinues its FOG or POGS program. In which case, the City shall then administer the FOG and POGS program in addition to administrating the remaining sector control programs on behalf of and as agent for the District. The City shall have the right to charge a reasonable inspection fee to the District for any inspection related to Industrial Users and/or Nondomestic Users within the District's service area. E. In the event that the District does not perform FOG or POGS programs the parties agree that the City shall perform and be responsible for the administration of these programs, as well as the remaining Sector Control Programs. The City shall have the right to charge a reasonable inspection fee to District for any inspection related to Industrial Users or Nondomestic Users within the District. F. The City shall be responsible for administrating the remaining sector control programs in the District notwithstanding that the District performs its own FOG and POGS programs. II. District Responsibilities 1. The District is responsible for, and shall accept, the following duties and perform the following actions for and in relation to all current and future Industrial Users and/or Nondomestic Users within the District's service area: A. No later than June 30. 2017, the District shall adopt enforceable local sewer use rules and/or regulations which are no less stringent and are as broad in scope as the Industrial Pretreatment Program section of the Wastewater Utility Ordinance found in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code or found in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City will provide to the District model regulations and any necessary revisions to the rule and/or regulations from time to time, and the District will adopt the revisions to its local sewer use rules and/or regulations that are at least as stringent as those adopted by the City. B. The District will maintain current information on Industrial Users and/or Nondomestic Users located within the District's service area, and provide Industrial Users' information to the City upon request. The District agrees to provide to the City access to all records or documents relevant to the Industrial Pretreatment 4 C. D. E. F. G. Program for any Industrial User and/or Nondomestic Users located within the District's service area. The District shall enforce the provisions of its local sewer use regulations. In the event the District fails to take adequate enforcement action against noncompliant Industrial Users and/or Nondomestic Users in the District on a timely basis, the District agrees that the City may take such action on behalf of and as an agent for the District, provided that the City provides notice of such action to the District. The District shall provide the resources and commit to implementation and enforcement of the Industrial Pretreatment Program standards and requirements for the Industrial Users and/or Nondomestic Users in the District with the City's oversight of the program. In the event the District fails to provide resources, adequately implement or enforce the Industrial Pretreatment Program, the District agrees that the City may take such action on behalf of and as an agent for the · d h~ Ci! ide · ce of such action to the District. The District agrees that in the event that the City is required to take responsibility for inspections of Industrial Users and/or Nondomestic Users on behalf of the District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the District, the City may charge the District for the costs of any such inspections. The District agrees that if the authority of the City to act as agent for the District under this Addendum is questioned by an Industrial User and/or Nondomestic User, court oflaw, or otherwise, the District will take action to ensure the implementation and enforcement of its local sewer use regulations against any Industrial Users and Nondomestic Users, within the District's service area, including but not limited to, implementing and enforcing its local sewer regulations on its own behalf and/or amending this Addendum to clarify the City's authority. The District IS NOT responsible for administering the FOG and POGS programs, including conducting all inspections required by these programs. 2. If any term of this Addendum is held to be invalid in any judicial action, the remaining terms will be unaffected. REMAINDER OF PAGE INTENTIONALLY BLANK 5 istrict Official State of Colorado County of Aro l=)lhce,. ) } ss. ) BRENOAJVARNER NOTARY PUBLIC STATE OF COLORADO NOTARY ID# 20124026756 MY COMMISS ION EXPIRES 04-2&-2020 The forgoing instrument was acknowledged before me this _1;_%. __ day of ro~ . 20 l I . at 6:1gLe L<X)adl . Colorado. by \NillfarrJ w. 611rsoa Witness my hand and official seal. My Commission expires: __ 4_-_~_(a_-_a_CBO ______ _ 6