HomeMy WebLinkAbout2002 Ordinance No. 005·,
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ORDINANCE NO. ~
SERIES OF 2002
BY AUTHORITY
COUNCIL BILL NO . 2
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2, SECTION 4, OF THE
ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO PRIVATE SEWERS,
CONNECTIONS AND REPAIRS REGARDING LIFT STATIONS.
WHEREAS, the existing Code regarding lift stations allows them in the Englewood
collection system but does not regulate the stations themselves; and
WHEREAS, sewage lift stations can produce odors, require maintenance and if they
malfunction, can produce sewer system overflows wh.:ch are subject to fines from the
Environmental Protection Agency; and
WHEREAS, the passage of t~~s Ordinance ,;,ill revise the Code tc regulate
construction and placement of sewer lift stations to minimize odors and the risk of
sewer system overflows; and
WHEREAS, this revision would provide a consistent set of standards for future
sewage lift station construction; and
WHEREAS, these changes require lift stations tc be built either inside the
structure they serve or outside with odor and sewer system overflow s controlling
features ; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the
amendment to EMC 12-2-4 : Private Sewers, Connections and Repairs regarding lift
stat.Jons at their November 13 , 2001 m eeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The Ci cy Council of the City of Englewood, Colorado hereby amends Title
12, Chapter 2, Section 4, of the Englew'ood Municipal Code 2000, tc read as follows:
12-2-4 : Privnte Sewers, Connections and Repairs.
A. Bi,ildings to Ha u. ¶te Coi,11ecti<m.s . Each building shall be served by its
own sewer service line, and no connection shall ba made by extending the
service from one property tc another property. Each separate building in a
planned unit development shall have a separate sewer service line .
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B. Old Private Sewers. Old private se wers may be used in co nnection with new
buildings only wh en they are found to meet oU requirements herein a nd
so lely at the risk of the user; otherwi se, old private sewers s hall be plugged
at the user's ex pen se upon disco ntinuance of se rvice. The plug in the old
private se wer mu s t be inspected a nd approved a nd a ~Ian review and
inspection fee will be ch ged by the City.
C. Design and Constr uctio ,i. The size , slope, alignm ent, a nd ma te rials of
construction of a private sewer, a nd the method s to be us ed in excavating,
pl aci ng of oip e, jointing, testing, and back.filling the trench a nd a ll other work
shall conform to the requirements of the Building a nd Plumbing Code or
other ap pli cable codes, laws, rules and r egulations of Feder al, State, and
local entiti~s.
D. Private Lift Stations Sewe, Ele1;atttht. SewRg e lift sta tion s shall be
~except Ho fttt structures where ~~.!lclY demonstrated to
thun.tisfnction of th e City Mnnager or hi s repre se ntative th at the se wer
disch urce oipe cannot be located to allow the ele ,at:ien is tae l11i.~
gravity flow to the public scwe!': ! ~anitary se wage discharg<' from s uch
structure~ shall be lifted and disc harged to the sewer ~~
Got.11,t) Hettlt:h E>e15artm ent: app10 elf Hl eHit) .;hieh bv means ofa sewage
lift stntilln thnt sha ll be located inside the building to he se rved which
se wage lift station sh all be ow ned op erated a nd maintained by the u ser .
Sewage lift sto tion s mnv be loca ted outside building s onlv with the approvnl
of the Water end Sewer Board afte r submissi on of co mpelling evidence that
no nlternntive nrrnncement is or was possib le Outside building lift stntioM
yoorove d bv~q and Sewer Boa rd must h ave b9lt·down gn sketed
lids ven ts th at ex tends-above the building rooflin e ond water tight
containment structures wi th top ri m elevations that exte nd a t lenttt six
inches (6") above th e rim elevation of the nearest toilet bowl Furth ermore
the property ow ner shnll ent er into an agreement with the City of Ene;k.w..os2d.
whi ch agre eme;:1.t shall bind the owner and all futur e s uccessors and assigns
wh ereby should the Ii ~ station overflow the City shall be held harJ1Ull8.j\nd
ind emnifi ed ncnin st nil State nod Fede ral fine!; oennlti es and letrnl. ~
E. ln.s t,allatio,1, and Maint ena,ice. All cos ts a nd expe nses incidental to t he
in stallation and co nnectio n of the priva te sewer shall be borne by the
applicant who shall retai n c...r employ a licensed sewe r contr actor or p~umber
to make connectio n to a nd ins t,1 ll n sewe r .
The service line fr om the pubhc s ewe r main line to the struct ure to be se rved 11h._1.ll be
installed by the prop erty OY. ur ,Jt his/hP.r expem::". Th e ow ner shall hold the City
harmless for any loss or da t.u~. that may direc tly or indirec tly be occasioned by the
in stall a tion of the se n •ice line or the maliunction of any old private sewer .
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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 !,e served.
The owner shall keep the service line for which be/she is responsible in good
condition and shall replace at hia/ber 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 infiltratfon into the system. All repairs shall be
comp leted within thirty (30) days after notification and shall be completed by a
bonded contractor. The owner shall be responsible for ret urning the public right-of-
way and the street to acceptable City standards.
F. Oil And Grease lnu,rcep tor J,,,.tallatio,~
l. Grease Interceptor J,,,.tallation Criteria: Grease trap interceptors are
required for ali facilities U6ed and operated regularly for the sale of
prepared fooo , in cluding but not limited to restaurants, cafes, fast
food outlets, iiuza outlets, delicatessens, sandwich hops and any
and all other !,ands and types of food vending establishments in
which any food preparation (including beating or defrosting in or by
means of any kind of oven or heating device) takes place on the
premises, whether or not such facilities are located in a separate
building or structure or occupy apace in a building or structure that is
occupied by other bW:1ineeses , as well as schools , churches,
boardinghouses with communal kitchen facilities, nursing homes,
and day coro centers which have ki tchens and engage in the
preparation of food. In addition, meat cutting facilities and others
capable of discharging significant amounts of grease into the POTW
shall be required to install grease interceptors. The exception shall
be those facilities granted a variance by the City with the approval of
the Water and Sewer Board . Grease interceptors shall not be
required for private residences or dwellings unless there are
commercial uses within the dwellings that generate amounts of
grease beyond that _g~ner~t;e~ ti /:' _a :i:t•i~_eptial dwelling.
2. Grease foterceptor Sizing Criteria: The City shall promulgate rules,
regulations and criteria for grense interceptor sizing.
3. lri,pectio" of Grease Interceptors: The City shall establish an
inspection program for grease interceptors. The City ehru.1 develop
rules and regulations to inventory all grease interceptors and
document the inspections of these interceptors.
4 . Grease faterceptor Pu.mpi,'II Schedules: All users connected to grease
interceptors will be required to pump out their interceptors at
intervals determined in rules, regulations and criteria promulgated
by the City .
5. Biological Treatm ertt: Biological treatment shall not be a substitute
for the pumping of the grease interceptor .
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6. E:asti11g Sources Not Co1111ected to Greaa• lrllf!rceptors: Existing
sources not coMected to grease intercept.ors and which contribute
significant amounts shall be identified through inspection of the
coll ection systems. Once these sources are identified, they will be
required implement best management practices (BMP's) to keep
oil and grease out of the POTW . The City shall promulgate rules,
regulations and criteria for BMP's.
If the BMP's are not succe es ful at the facility and the facility
continues to contribute signi'kant amounts of oil and grease to the
sanitary sewer, as documented by field inspections, then the facility
will be required to install an adequately sized ~ase intP.rceptor.
7 . Right of Entry: Whenever it is necessary to make an inspection to
enforce any provisions of thie Section, or whenever the City believes
that there exists in any premises subject to thie Section any condition
or violation with regard to the use and maintenance of oil and grease
interceptors, the City personnel may enter such premises to inspect
the same provided that proper credentials be presented and request
and be granted entry, or otherwise have grounds for a search warrant
exception as may be authorized by law. If r equested entry be refused,
\the) City shall have n;course to every remedy provided by law to
secure entry, including an issuance of an administrative warrant
from the Municipal Court or from the District Court of the State of
Colorado having jurisdiction.
Perm it Required. Before comw.encement of construction of a private sewage
disposal system, the owner shall first obtain a written permit signed by the
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H. Connection. Requirement:
I. 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 o permit and have met all
City requirements. The connection shall be made under the
eupirvisfon of the City's representative.
2 . The owner of any structure used for human occupancy, employment
or activity, situate within the City, may be required at such owner's
expense to oonnect 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) day s after notice from the City is served on
the o.,ner of the property affected; provided , however, that in the
event oompliance with this subsection causes severe eoonomic
hardship to said person, he/she may apply to the City for exemption
from thie subsection. Such applications shall state in detail the
circwnstancee which are clnimed to r.ause such economic hardship.
Such exemptions shall only be grant.ed to residential users, shall not
apply to other usere, •nd shall be granted only for such time as the
demonstrated hardship exists .
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Service shall be considered complete upon delivery of the notice to the
owner of the property or bv po sting a copy of the notice on the
property in question in a con spicuous place and by mailing a copy of
such notice, registered mail , to the record owner of th~ property es
disclosed and at the address shown in the current records of the
Arapahoe Co unty Asaessor .
If a public sewer is ot available within four hundred feet (400') of
the property line of the property upon which a house or building is
located, a private sewage dis posal system constructed in accordance
with applicable regulr.tions of the Health Department sha ll be
utilized to dispose of sewag£.
In cases where a public sewer woe not previously available within
four hundred fe et (400') of the property line ofa property but a public
sewer later becomes available within such distance , the owner may
he required to co nn ect with the public sewer as provided in
subsection H2 above . In such event, after the connection is
completed , the private sewage disposal syatem shall be emptied,
cleaned and filled with sand or dirt.
It shall be unlawiul for any person to deposit or di sc harge , or to
cause to be de posited or discha rged , to any wastewater collection
facilities any soliii. or liquid waste unless through a connection
approved by th<: City .
Damage To POTIV. An.v per,1on who maliciously, willfully , or negligently
breaks, dawoges, destr 9ys, u ncovers, defuccs, or tampers with nny structure.
appcrtenance or equipment which is po.rt of the POTW shall be s ubject to
s uch action and penalty as provid ,.d in Section 12-2-6 of this Chapter.
Septic Waste Fees Aud Charge s. The wastewater or septic tank waste haul~r
permit fee sha ll be one hundred rlollars ($100.00). User charge for disposal of
hauled wa stew a ter or septege shall be si., cen ts ($0.06) per gallou .
~ Safety Cl a use s The City Council hereby finds , determines, and
declares that this Ordinance is promuli1otcd under the general police power of th e
City of Englewood , that it is promul gated for the health, safety, and welfare of the
public. and that this Ordinance is necessa ry for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that th:.• Ordinance be a rs a rational t elation to th e proper legislative
obj ect sought to be obtained.
~ Severnl,jlity If any cla use , sente nce, paragraph, or part of this
Ordinance or the application th e re of to any pe rson or circumsta nces shall for any
reason be adjudged by a court of competent jurisdiction invalid , such judgment s hall
not affe ct, impair or invalidate the rewai nrl '!:-o r Liu s Orclinnn ce or it application to
other persons or circum otances.
~ lnconeiatent OrdiJ.w.n.c.e.a....AlJ other Orclinonccs or portions thereat'
inconoi.stent or conflicting with t.his Ordina nce or a ny portion hereof are hereby
repealed to the extent of such inconsistency or co nflict .
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~ Effect of reneol or modification The repeal o~· modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release,
extinguish, alter, modify, or change in whqle or in part any penalty, 'orfeiture , or
liubility, either civil or criminal, which shall haYa been incurred under such provision,
and each provision shall be treated and held as still remaining in for co 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.
~ ~ The Penalty Provision of Section 1-4-1 EMC shall apply to
e,i ch and every violation of this Ordinance.
Introduced, read in fuJJ, and pa88ed on first reading on the 7th day of January,
2002 .
Published as a Bill for an Ordinance on the Uth day of January, 2002.
Re ad by title and paseed on final reading on the 22nd day of January, 2002 .
Published by title as Ordinance No.~0 ' Series of 2002, on the 25th day of
January, 2002 .
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy)lf the Or · don final reading
and published by title as Ordinance No . 5,.. Series
Loucriehia A. Ellie
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Date
Jan .. ary 7, 2002
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
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Subjec t
Municipal Code 12-2-4:
"Private Sewers ,
Connections and Repairs "
Re v ision reg a rding Lift
Stations .
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STAFF SOURCE
Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Engle wood Water and Sewer Board at their November 13 , 200 1 meeting recommended
Counci l app roval by Ord inance of the changes to Municipal Code 12-2-4: Private Sewers ,
Co nnections and Repa irs rega rding lift stations .
BACKGROUND , ANALYSIS , AND ALTERNATIVES IDENTIFIED
The ;ting municipal code regarding lift stations allows th e ·11 in the Englewood collection
sys,wm but does not regu late the stations themselves . Sewage lift statio ns can produce
odors , requ ire maintenance and , if they malfunction , ca n produc e sewe r system overllows
(SSO's) wh;ch are su bj ect to fines from the EPA .
It is proposed to revis e the municipal cod e to re gulate co nstructio n and pl acement of sewer lift
sta tio ns to m in ir,,ize odors and the risk of SSO's. This revi sio n would provide a consistent set
of standards f"Jr future sewage lift station construction. Changes require lift stations to be bui lt
either in sid e tile structure th ey serve or outside wi th odor and SSO con trolling features .
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Municipal Code
Ordinance