HomeMy WebLinkAbout2015 Ordinance No. 056•
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ORDINANCE NO.~
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 60
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (lGA)
"NetDMR SUBSCRIBER AGREEMENT" BETWEEN THE COLORADO CDPHE WQCD
(REGULATORY AUTHORITY) AND THE LITTLETON/ENGLEWOOD WASTEWATER
TREATMENT PLANT.
WHEREAS, the "NetDMR Subscriber Agreement" is used by Clean Water Act National
Pollutant Discharge Elimination System (NPDES) permit holders who submit Discharge
Monitoring Reports (DMRs) and other NPDES permit-required reports electronically, or
change/update reporting status infonnation from a previously-submitted application; and
WHEREAS, to abide by the terms and conditions for use of the NetDMR System by use of the
assigned electronic signature as a hand-written signature; and
WHEREAS, the ''NetDMR Subscriber Agreement" allows the Littleton/Englewood Wastewater
Treatment Plant (LIE WWTP) online access to submit the UE WWTP's required Discharge
Monitoring Reports (DMR) for LIE WWTP's Clean Water Act National Pollutant Discharge
Elimination System (NPDES) Permit; and
WHEREAS, submission ofDMR's electronically is required to fulfill the reporting
requirements of the Clean Water Act NPDES program pursuant to 40 CFR 122.41(1)(4); and
WHEREAS, the L/E WWTP is required to comply with electronic DMR reporting no lat'!r than
January 1, 2016.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I. The City Council of Englewood, Colorado, hereby approves the
Intergovernmental Agreement "NetDMR Subscriber Agreement" between the Colorado CDPHE
WQCD (Regulatory Authority) and the Littleton/Englewood Wastewater Treatment Plant, a copy
of which is attached hereto as Exhibit A.
Section 2. The Mayor is hereby authorized to sign the Intergovernmental "NetDMR
Subscriber Agreement" between the Colorado CDPHE WQCD (Regulatory Authority) and the
Littleton/Englewood Wastewater Treatment Plant (LIE WWTP), a copy of which is attached for
and on behalf of the City of Englewood.
Section 3. The Mayor, pursuant to 40 CFR 122.22(a)(3), being the ranking elected official
may authorize the Littleton/Englewood Wastewater Treatment Plant Manager to sign permit
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applications and reports, pursuant to the "NetDMR Subscriber Agreement", including required
discharge monitoring reports for the LIE WWTP's Clean Water Act National Pollutant
Discharge Elimination System (NPDES) Permit.
Section 4. Pursuant to 40 CFR 122.22 (a)(3)(b)(l-2) the authorization shall be in writing by
the Mayor and shall specify the position having responsibility for the overall operation of the
regulated facility.
Section 5. The Mayor hereby authorizes the Littleton/Englewood Wastewater Treatment
Plant Manager to sign pennit applications and reports pursuant to the "'NetDMR Subscriber
Agreement", including required discharge monitoring reports for the LIE WWTP's Clean Water
Act National Pollutant Discharge Elimination System (NPDES) Pennit.
Introduced, read in full, and passed on first reading on the 7th day of December, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
December, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 9th day of
December, 2015 for thirty (30) days.
Read by title and passed on final reading on the 21st day of Decemher, 2015.
Published by title in the City's official newspaper as Ordinance No.~, Series of 2015, on
the 24th day of December, 2015.
Pub lishe d by title on the City's official website beginning o n the 23rd day o f
December, 2015 for thirty (30) days.
I, Loucrishia A. Ellis, 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~, Series of 2015.
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Subscriber Agreement Page 1 of6
Agency: Colorado DPHE WQCD
Subscriber Agreement Number: 7 54967 41-165 l-420b-9d8a-2c6el b86bd52
Generated On: 2015-10-13 11:31:50.0
Account Reference: 14889
NetDMR Subscriber Agreement Instructions Page
This form can be used for permits issued by: Colorado DPHE WQCD, hereafter referred to as "the
Regulatory Authority".
Purpose
The NetDMR Subscriber Agreement should be used by Clean Water Act National Pollutant
Discharge Elimination System (NPDES) permit holders that would like to apply to submit Discharge
Monitoring Reports (DMR.s) and other NPDES permit-required reports electronically, or
change/update your reporting status information from a previously-submitted application. Submission
ofDMRs electronically is an alternative to using paper forms to fulfill the reporting requirements of
the CWA NPDES program pursuant to 40 CFR 122.41(1)(4).
Basic Information on Who Should Fill Out the Subscriber Agreement
• To request use of electronic reporting for 0:MR information, the Responsible Official, the
person who has the authority to sign permit applications, reports, and other pennit-required
submittals (e.g., DMRs) as described in 40 CFR §122.22 (a), can designate themselves or
identify a duly authorized representative to electronically sign the DMRs for the facility.
• If the Responsible Official plans to electronically sign DMR.s submitted through NetDMR, then
the Responsible Official will also sign as the Signatory Authority named in Section F of the
Subscriber Agreement.
• If the Responsible Official plans to authorize someone else to sign and submit the electronic
DMR.s as described in 40 CFR § 122.22(b), the Responsible Official will sign Section E and the
duly authorized representative will sign as the Signatory Authority identified in Section F.
• If the authority to electronically sign for a permit is to be delegated to multiple Signatory
Authorities, then each individual Signatory Authority needs to submit and sign a separate
Subscriber Agreement.
• This Subscriber Agreement cannot be used to register multiple permits that are issued by
different regulatory authorities.
How to Submit the Subscriber Agreement
Print and sign this form, save a copy for your records, and mail the completed Subscriber Agreement
below to your Clean Water Act Regulatory Authority for their review at the address below.
Colorado DPHE WQCD
Attn: Data Management Supervisor
WQCD-OP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
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You will receive a confinnation email from the Regulatory Authority when your application has been
processed and approved. For assistance or questions please contact Colorado DPHE WQCD at 303-
691-4046 or CDPHE.WQNetDMRHelp@state.co .us.
A. Signatory Authority Information
The Signatory Authority is the individual that intends to sign DMR.s and signs this Subscriber
Agreement in Section F.
User Name:
Subscriber Name:
Organization:
Email Address:
Phone Number:
B. Permit Information
dwstowe
Dennis Stowe
Littleton Englewood WWTP
dstowe@englewoodgov.org
303-762-2600
Signing privileges are requested for the following permits:
Permit ID FacWtyName Facility Address Relationship Authorized
Bv
~900 SOUfH PLATTE LmLETON/ENGLEWOOD, CO0032999 RI V.l:i.R. DR Parent Self CITIES OF ENGLEWOOD, CO 80110
This request is (check one):
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NEW: a new user request by this facility to use NetDMR reporting
REQUEST FOR REACTIVATION: a User ID re-activation ofNetDMR reporting for a facility
that had discontinued using NetD:MR.
CONTINUATION WITII NEW AUTHORIZATION : nn updated Subscriber Agreement
submitted because a new Responsible Official and/or Signatory Authority has been identified at
the facility
RENEW AL: an updated form submitted when a pennit application is submitted
Pennit ID(s): ____________ _
INACTIVATION: Explain reason for inactivation in the box below and identify whether the
inactivation is temporary or permanent
PermitID(s): ____________ _
Notes to Permitting Authority (Optional unless Inactivating):
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Subscriber Agreement Page 3 of 6
C. Terms and Conditions
• PURPOSE: This agreement creates a legally binding obligation for the signer of the Agreement
(the Responsible Official and/or Signatory Authority) to abide by the terms and conditions for
use of the NetDMR System, and memorializes a mutual understanding that the signer of this
agreement is as legally bound, obligated, and responsible by use of the assigned electronic
signature as by a hand~written signature.
• ACCEPTANCE & EFFECT: Acceptance of this agreement by the Regulatory Authority shall
be evidenced by notice from the Regulatory Authority, provided electronically, that this
agreement has been approved.
• SUBMITTAL & RECEIPT : A Document shall be deemed to have been submitted when it is
accessible to the Regulatory Authority. A document shall be deemed to have been received
when it can be fully processed. No document shall satisfy any reporting requirement until it is
received.
• VERIFICATION: In accordance with the associated certification statement, the signer of the
Agreement is responsible for the truth w;id accuracy of the content of each submission. The
signer of the Agreement also bas an affirmative obligation to check the accuracy of the
document as received by the Regulatory Authority and to notify the Regulatory Authority
promptly if the document was sent without authorization or differs in substance in any way
from the document that was submitted.
• INABILITY TO TRANSMIT OR FILE REPORTS ELECfRONICALL Y: No party shall be
liable for any failure to perform its obligations in connection with any Electronic Transaction or
any Electronic Document, where such failure results from any act or cause beyond such party's
control which prevents such party from electronically transmitting or receiving any Documents,
except that the signer of the Agreement (Responsible Official and/or Si gnatory Authority) is
nonetheless required to submit records or information required by law via other means, as
provided by applicable law and within the time period provided by such law.
• SEVERABILITY : Any provision of the Agreement which is determined to be invalid or
unenforceable will be ineffective to the extent of such determination without invalidating the
remaining provisions of this Agreement or affecting the validity or enforceability of such
remaining provisions.
• TERMINATION AND RENEW AL: The Agreement may be terminated at any time by the
Regulatory Authority. Upon termination of this agreement, the associated ability to submit
electronic information through the NetDMR system will be terminated. The Regulatory
Authority will provide notification of termination, including the date on which termination
takes effect. A new Responsible Official and/or Signatory Authority must resubmit this form at
the time that a new permit application is submitted or when Responsible Official and/or
Signatory Authority responsibility transfers from one person to another.
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-Note: Termination of this agreement may eliminate the ability to comply with permit
requirements for any continuing operations. Paper DMR Reports will only be accepted under
this permit where the permittee has provided sufficient justification and obtained prior approval
from the Regulatory Authority.
• GOVERNING LAW: This Agreement shall be governed by and interpreted in accordance with
40 CFR §122 and 40 CFR §3.
• AGREEMENT:
1. I agree to protect the electronic signature device, consisting of my NetDMR system user
name and password, from use by anyone except me. Specifically, I agree to maintain the
secrecy of my password and security-and challenge-question answers; I will not divulge
or delegate my user name and password to any other individual; I will not write or save
my password or challenge question/answer pairs to a script or other mechanism that
allows its use or application by someone other than me;
2. I agree to contact the Regul atory Authority Colorado DPHE WQCD at 303-691-4046 or
CDPHE.WQNetDMR.Help@state.co.us within 24 hours if any of the following occurs:
■ suspicion or determination that my user name, password, security question answer,
or challenge question answers may have been lost, stolen or otherwise
compromised;
■ receipt of an e-mail notification for any activity that I do not believe that I
performed;
11 if, after receipt of COR, there is any evidence of discrepancy between any
electronic document I have signed and submitted and what the NetDMR system
has received from me;
■ if I do not receive an e-mail notification within 24 hours for any submission
electronically signed using my credentials; or
■ if I cease to represent the regulated entity specified above as signatory of that
organization's electronic submissions.
3. I understand and agree that I will be held as legally bound, obligated, and responsible for
the use of my electronic signature as I would be using my hand-written signature;
4. I understand that I will be informed through my registered electronic mail ( e-mail)
address whenever my user name, password, or challenge question/answer pairs have
been modified;
5. I agree to provide and maintain an email address by which to receive communications
from the NetDMR system. I understand that this account must be accessible only by me
and that I have an affirmative obligation to check this email account regularly. If any
email sent to me by the NetDMR system is returned as undeliverable, I will explain why
this occurred when requested by the Colorado DPHE WQCD;
6. I understand that the NetDMR. system reports the last date my user name and password
were used immediately after successfully logging in to the system;
7. I understand that whenever I electronically sign and submit an electronic document to the
NetDMR. system, I will receive an e-mail at my registered e-mail address; This e-mail
will inform me that a submission has been made to the system from my user account and
will contain instructions to view information regarding the submission, including the
Copy of Record (COR) for the submission; and
8. I agree to retain a copy of this signed agreement as long as I continue to represent the •
regulated entity specified above as signatory of the company's electronic submissions.
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D. Inactivation/Removal
Pennittee must indicate reason for inactivation in Section B of the form. This is done to inform the
Regulatory Authority whether the permittee is no longer in business or has a temporary reason for
inactivation.
E. Responsible Official Authorization
The Responsible Official is the appropriate individual identified under 40 CPR § 122.22(a) with the
authority to sign permit applications, reports, and other permit-required submittals (e.g., DMRs). The
Responsible Official can also delegate the authority to electronically sign DMR.s to a duly authorized
representative(s) as described in 40 CFR §122.22(b).
F. Signatory Authority Signature
The Signatory Authority is the NetDMR user that submits this agreement to request approval to
electronically sign DMRs. The Signatory Authority bas the authority to sign DMRs under 40 CFR
§ 122.22(a) or is a duly authorized representative(s) who has been delegated the authority to
electronically sign DMRs by the Responsible Official as described in 40 CPR §122.22(b).
PennitID:C00032999
I, Dennis Stowe, have the authority to enter into this Agreement for LI'ITLETON/ENGLEWOOD,
• CITIES OF and Permit ID C00032999 under the applicable standards.
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By submitting this application for C00032999, I, Dennis Stowe, have read, understand, and accept
the terms and conditions of this subscriber agreement. I certify under penalty of law that I have
personally examined and am familiar with the information submitted in this application and all
attachments and that, based on my inquiry of those persons immediately responsible for obtaining the
information contained in the application, I believe that the information is true, accurate and complete.
I am aware that there are significant penalties for submitting false information, including the
possibility of fine and imprisonment.
Signatory Authority Signature Title
Print this form. save a copy for your records, and mail to:
Colorado DPHE WQCD
Attn: Data Management Supervisor
WQCD-OP-B2
4300 Cherry Creek Drive South
Denver, CO 80246-1530
Checklist-Regulatory Authority Use Only:
Date
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Check Information Name Date
Fonn Received by • Verified ICIS-NPDES Pennit Limits
Regulatory Authority Approves NetDMR. Authorization
ICIS-NPDES NetDMR Flag Populated
User Approved in Neto:MR Application
Notification to User
Inactivated?
•
https://netdmr.epa.~ov/netdmr/protected/subscriber agreement.htm? flow ld=subscriber ... 10/13/2015
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COUNCIL COMMUNICATION
Meeting Date:
Monday, December 21, 2015
Initiated By:
Littleton/Englewood Wastewater
Treatment Plant (UE WWTP)
PREVIOUS COUNCIL ACTION
No previous council action taken.
RECOMMENDED ACTION
Agenda Item: Subject:
9bii NetDMR Subscriber
Agreement-2nd Reading
Staff Source:
Dennis W. Stowe, Littleton/Englewood Wastewater
Treatment Plant Manager
Mary Gardner, Environmental Compliance Division Manager
The Littleton/Englewood Wastewater Treatment Plant staff recommends Council approve a bill for
an ordinance, on second reading, approving the Intergovernmental Agreement for NetDMR
between the Littleton/Englewood Wastewater Treatment Plant (UE WWTP) and Colorado
Department of Public Health and Environment, Water Quality Control Division (CDPHE WQCD)
for the Clean Water Act National Pollutant Discharge Elimination System (CWA NPDES) permit-
required electronic reporting of the Discharge Monitoring Reports (DMR).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The NetDMR Subscriber Agreement allows the UE WWTP online access to submit required
DMRs for the UE WWTP's CWA NPDES permit. Electronic submission of DMRs fulfills the
requirements of the CWA NPDES program pursuant to 40 CFR 122.4(1)(4).
FINANCIAL IMPACT
No financial impact
LIST OF ATTACHMENTS
NetDMR Subscriber Agreement
COUNCIL COMMUNICATION
(~ Meeting Date:
Monday, December 7, 2015
Initiated By:
Littleton/Englewood Wastewater
Treatment Plant (UE WWTP)
PREVIOUS COUNCIL ACTION
No previous council action taken.
RECOMMENDED ACTION
Agenda Item: Subject:
9ai NetDMR Subscriber
Agreement
Staff Source:
Dennis W. Stowe, Littleton/Englewood Wastewater
Treatment Plant Manager
Mary Gardner, Environmental Compliance Division Manager
The Littleton/Englewood Supervisory Committee recommended on November 19, 2015, Council
approve by Ordinance the Intergovernmental Agreement for NetDMR between the
Littleton/Englewood Wastewater Treatment Plant (UE WWTP) and Colorado Department of
Public Health and Environment, Water Quality Control Division (CDPHE WQCD) for the Clean
Water Act National Pollutant Discharge Elimination System (CWA NPDES) permit-required
electronic reporting of the Discharge Monitoring Reports (DMR).
ACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The NetDMR Subscriber Agreement allows the UE WWTP online access to submit required
DMRs for the UE WWTP's CWA NPDES permit. Electronic submission of DMRs fulfills the
requirements of the CWA NPDES program pursuant to 40 CFR 122.4(1)(4).
FINANCIAL IMPACT
No financial impact
LIST OF ATTACHMENTS
NetDMR Subscriber Agreement