HomeMy WebLinkAbout2017 Ordinance No. 058ORDINANCE NO. 58
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 62
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT FOR
DISTRICTS BETWEEN SHERIDAN SANITATION DISTRICT #1 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
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Englewood corporate boundaries through a standard connector's agreement; and
WHEREAS, the UE WWTP conducts an Industrial Pretreatment program to control
industrial/commercial wastes entering the wastewater collection and treatment system; and
WHEREAS, the UE WWTP Industrial Pretreatment Program is designed to prevent pass
through of pollutants to the South Platte River, protect the collection and treatment system
from damage, protect the public and worker health and safety and improve opportunities to
recycle and reclaim municipal and industrial wastewaters and sludge; and
WHEREAS, the City Council of the City of Englewood authorized an Intergovernmental
Wastewater Connector's Agreement for Districts between Sheridan Sanitation District #1
and Englewood by the passage of Ordinance No . 52, Series of 2013; and
WHEREAS, The UE wwrP 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 wwrP update the
Intergovernmental Wastewater Connector's Agreement Ordinance No. 52, 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 the Sheridan Sanitation District #1 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 the
Sheridan Sanitation District #1 entitled "Addendum to Connector's Agreemenr 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 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 2 nd day of October, 2017.
Published by Title in the City's official newspaper as Ordinance No. 58, Series of 2017,
on the 5th day of October, 2017.
Published by Title on the City's official website beginning on the4th day of October, 2017
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after following final passage.
arlile, Acting City Clerk
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. 58, Series of -7 .
ADDENDUM TO CONNECTOR'S AGREEMENT
For Sanitation Districts with Industrial Users
This Addendum is made and entered into this ___ day of ________ _
2017, to be effective as of __________ __, 2017, 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
Sheridan Sanitation District No. 1
(Name of Sanitation District)
----------------=-----..,.....----------of the State of
(Type of Entity)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WITNESSETH
WHER FAS tlJ~Cihfu@od tbs PistriGl weyjgusly entered into a W@smte r C.gon,ector's
Agreement, ("Agreement") dated July 15, 2013, 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 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".
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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 tin1e, 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.
I. City Responsibilities
1. 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 Nondomcstic Users located within the
District boundaries;
(vi) Perform 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.
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(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
threaten the environment, or which threatens to cause interference with, or pass
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 perform the following actions as set
forth in 40 CFR Part 403.S(f) and summarized as follows:
(i) Control through permit, or similar means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by 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 on which records are
required to be kept pursuant to 40 CFR 403 .12( o) to assure compliance with
Industrial Pretreatment Program standards and requirements;
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements.
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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 tht
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
l. 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. Within four (4) months of this addendum, 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 with 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
Ciiy access to all records or documents relevant lo lhe Imluslrial Pretreatment
Program for any Industrial User and/or Nondomestic User located within the
District's service area.
C. The District shall enforce the provisions of its local sewer use regulations. In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
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• . '•
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.
D. 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
District, provided that the City provides notice of such action to the District.
E. 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.
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 Districts service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for the 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
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ITY OF ENGLEWOOD
Sheridan Sanitation District No. 1
State of Colorado
County of Arapahoe
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The forgoing instrument was acknowledged before me this l 5 #, day of
Seew ;ly S&-w c.e. F(:~ Jiil y , 20 17 , at M ff-le.fa n . Colorado, by
71--er~SO.. f-'la.,,fi,,~ '-
Witness my hand and official seal.
VICTOR DANIEL BACA, JR.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20154009041
t.ff COMMISSION EXPIRES MARCH 4, 2019
Not
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