HomeMy WebLinkAbout1996 Ordinance No. 012•
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ORDINANCE NO . a
SERIBS OF 1996
BY AUTHORITY
COUNCIL BILL NO. 11
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINA.i'I/CE AUTHORIZING Ai'\/ I NTE RGOVERNMENTAL AGREEMENT
BETWEEN THE STATE OF COLORADO DEPARTMENT OF HEALTH AND
ENVIRONMENT, WATER QUALJ•1·: t;ONTROL DIVISION , THE CITY OF
LITTLETON A.i'IID THE CITY OF E~:GL:0:WOOD, COLOR.:\0O .
WHEREAS, the Llttleton/Englewood Was ewater Treatment Plant ope rotes under
the Colorado Discharge Permit System, permit number CO-0032999 which is issued by
the Colorado Department of Public Health and Environm ent; aod
WHEREAS, the Littleton/Englewood Wastewater Treatment Pl ant vio lated its
Colorado Pollutant Di scharge System Permit iss ued by the Co lorado Department of
Public Health and Envir onment; and
WHEREAS , the effluent f--o m the Llttleton/Englewood Wastewat,.-Treatment Plant
violated permit conditions fo r ammonio from July 1992 through October 1992 and
,;oJatcd one daily sample fo r chlorine , February 1992; and
WHEREAS, the chlorine violation was due to operational erro r and the ammonia
,;elations were the result of startup problems in the new ammonia removal proc ess
installed at the Plant in the Phase la construction proj ect and both problems have
been resolved; and
WHEREAS , several environmental project s we re pursued as an alternative to th e
administrative penalty including the Bi g Dry Creek Non-motorized Transportation
and Gr!!enway Project, the Biosolids Research and the ~utrient Removal by
Managed Aquntic Plants; and
WHEREAS , the cost of these alternative environmental projects is $230,HO which
sholl t,e s plit 50/50 between the City of Llttleton ($115,205 ) and the City of Englewood
($115,205);
NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , CO LORADO . AS FOLLOWS:
~-The in tergovernmental agreement between th e State of Colo rado
Dep.S.rtment of Health ar.d Environment Wat er Quality Control Division and the
Cities of Englewood and Littleton co nce rning Colo rado Pollutant Dischargt.• System
?ermit effiuent limitation violations for ammo nia and chl or:ne which occurred in
1992 at :he Littleton/Englewood Wastewater Treatment Plant is attached as "'Exhibit
A" .
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~. The intergovernmental a,reement between the State of Colorado
Department of Health and Environment Water Qualn;y Goot:rol Divaion and the
Cities of Englewood and Littleton cone iminr Colorado Pollutant Diaclinrp System
Permit effiuent limitation violation.s for •mmonia and chlorine which OCCWTed in
1992 at the Littleton/Englewood Wastewater Treatment Plant is hen,by ac,,-epted and
approved by the Englewood City Council. The Mayor is authorized to e,ecute and the
City Clerk to attest and se&I the Agreement for and on behalf of the City of Englewood ,
Colorado.
Introduced , read in full, and passed on tint reading on the 18th day of '.11:AJ'f\ 1996.
Published aa a Bill for an Ordinance on the 21st day of March, 1996 .
Read by title and passed on final reading on the 1st day of April, 1996.
Publi!bed by title as Ordinance No .Weries of 1996 , on the 4th day of April ,
1996.
:Fl .. 1 w.k.h .f/4
Loucrishia A. Ellis, City Clerk
I, Loucrisbia A Ellis , City Clerk of the City of Englewood , Colorado. hereby
certify that the above and foregoing is a mie copJ.Y, of the Ordinance passed on final
reading and published by title as Ordimtr1 ce No & Series of 1996.
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Loucrishi• A. Ellis
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EXllIBIT A
THE DEPARTMENT OF HEAL TB
WATER QUALITY CONTROL DIVISION
STA TE OF COLORADO
SETTLEMENT AGREEMENT AND STIPULATED ORDER
IN THE MATTER OF : C ITIES OF LITTLETON AND ENGLEWOOD
WASTEWATER TREATMENT FACILITY
PERMIT NO. C0-0032999
ARAPAHOE COUNTY, COLORADO
J Davie\ Holm. Director of and on beha lf oithe Water Quality Control Di,ision of th e
Colorado Dq,anment of Health and Tho mas Bums . Mayor of and on be half of the City of Engle"ood
and Den nis Reynolds . Mayor of and on behalf of the City of Littleton . he reb y agree and state as
follows
The \½ter Quality Control Division ("th e Di vis ion "). a secti on within the Co lorad o
De pa rtment of He alt h has primary res ponsibil ity i;-u=ant to§ 25 -8-301 th ro ugh 308. C.R.S to enfo rce
the provisions of the Color ado Water Quali ty Control Ac t. § 25 -8-1 0 I th rough 703. C R.S
2 Th e Cities of Littleton and Englewood ("Littlet on/E nglewood'.) O\\ n a joi nt use was te water
treatment facili ty ("the facil ity ") located at 2900 South Platte River Dr ive in Englewood. Colorad o
3 Toe facilit y is the subject of Colorado Disc harge Permit Sys te m. permit number C0-
003 c999 ("t he permit "). The permit renewal became effective on January I. 199 1 and is due to expire
at midni ght Janua ry 31 . 1996. at which time it was c.~en ded unt il an other renewal is issued
4. Th e pe rmit auth ori zes Littleton/Englewood to di sc harge effluent from out fa ll 00 I A to the
South Pla tte River subject to specific effluent limitations and co ndi tio ns
; On February 8. I 99 4 the Divis ion issued a No ti ce of Viol a11on and Cease and De sist Order
to LittletorvE nglewoo d fo r viola tions or th e permit A copy of the No11ce of Violat io n and Cease and
De sist Order is attached heret o as Exhibit A and is inco rporated herein by refere nce
6. Littleton/Englewood did not file a request for a hearing to challenge the va lidity of 1he •
Notice of Violat io n and Cease and Desist Order pursuant to§ 25-8-603 , C.R.S.
7. In settlcmcnl of all issues associated with th~ Notice of Violat io n and Cease and De sist
Order . Littleton/Englewood and 1he Di visio n agree to the terms set fonh below in paragraph s 8.
through 21.
8 Lilt leton/Englewo od agrees to make contributions toward supplemental environment al
projec ts as follows
S 130 .000 .00 contribution 10 the Big Dry Creek Nc,n-mo1orized Tran spona!ion
and Greenway Project as described in Exhibit B attached hereto and
incorpora ted herein by reference . This contribution shall be earmarked
specifica ll y for construction and not planning or design activi ties
b S38 ,(l()().00 co ntribution to wa rd completion of a controlled demonstrati on
project on the bio logical nutrient removal by managed aqu ntic plant s
as described in fahibit C attached hereto and incorporated herein by
referenc e
c. S62.-l 10 00 con tributi on tc :o lorado State University earmarked for
cost s associated with their btosor ·s resear ch on Co lorado dryland winter
wheat to be co nduc ted during the I 99 6 growi ng/harv•sti ng seaso n as
described in Exhibit D attached hereto and incorpora : d herein • by refe rence .
9. Little torvEnglewood agree 10 provide 10 the Div isi on evidence of the cash contributions as
se t fo nh in item S above within ninety (90) days after the effe ctive date of this Settlement Agree -me nt
and Stipulat ed Order. For the purposes of th is agreement . evi dence of the cash co ntri but io n will
co nsist of an ordi nance from th e res pect ive city allo.:ating funds for the cash co ntributi ons in the
aggrega te amounts and for the purposes described in item S abov1:.
10 Littleton1Englewoo d ag ree that in the event th ey ca nno t provide evidence that any of the
S 130 .000 00 .:ash co nt ribu tion. as listed in item 8.a .. has been made . they shall pay a cash civi ! pen alt y
to the State of Colo rado in the amount fS3 3.79 5 00 In the eve nt that the Cities pre se nt evi dence that
so me pon ion of the said S 130.000 .00 cash contribution is made . th e said cash ci vi l penalt y shall be
reduced bv the perce ntage obtained by dividing the amount ac tuall y co ntributed . as indic ated by th e
evide nce pr esen ted. by 13 0,000. Suc h paym ent shall be made within ni net y (90) days after the
is suance of an order fo r civil penalty.
11 Little1on/Eng lewoo d ag re e 1ha1 in the event they cannot provid e evidence 1ha1 Jny of the
S38.000 00 cash contnbu1ion. as listed in it em S b . has been made . the y sha ll pay a cash civil pe nalty
I) the State of Col orado in the a'llou nt of S I 9.00•J.00 Ir, the event that the Ci ties pre se nt evi den ce
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that some ponion of the said $38,000 .00 cash con1ribution is made , the cash civil penalt y shall be
reduced by the percentage obtained by dividing the amounl actually contributed, as indicated by th e
evi dence pr ese n1ed . by 38 ,000 . Such paymenl shall be made with in ninel y (90) days after the issuanc e
of an order for civil penalty
12 . Littleton/Englewood agree 1ha1 in 1he event 1hey cannot provi de eviden ce 1hat any of 1he
562 .41 0 00 cash co n1ribution . as list ed in it em 8 c .. has been made . 1hey shall pay a cash civ il penalty
to th e S1a1e of Co lora do in lh e amou nt of 531 ,205 .00 In lhe eve nl 1h a1 the Ci 1ies prese nt eviden ce tha 1
so me ponion of 1he said $62 . 41 0 00 cas h con tribu1 io n is made . 1he said cas h civil pe nal ty shall be
reduced by t he percen1age ob1ained by di ·,i ding 1h e am ou nl actuall y contribu1ed , as indicated by the
evidence presented. by 62.4 10 Such payment shall be made withi n ninety (90 ) rlays after issu anc e of
an o rder for civil pe nalt y.
13 Li ttle1on/E nglewood ag ree to complete the study on the bi ologi cal nut rient removal by
ma naged aq uatic plants and to submit the find:ngs of the s1udy to the Wa1er Qual;r; Co nt ro l Di visio n
by May I. I 997 Li11 le1on/Englcwood fu nher agree that if they make th e cash contribution for the
study but it is not completed or if the fin din gs of the stud y are not submined to the Wa ter Quality
Cont rol Division by May I. 199 . a cas h ci,il pe nalty in the amount of$l9 .000 00 wi ll be paid by
Littleton/Englewood by June 15 . 1997
14 Littlet orvEngle wood agree that the ponion of the Bioso lids Research on Co lorado Dry land
Winter Wheat studv wh ich the contribution ap plies to will be performed ove r the 1996 gr owin g/
harv estin g season and funher agree to submit the results of thi s study to the Water Qu ali'y Co nt rol
Di v;sio n in a technical re pon by May I. 1997 Littleto n/En glewood f,nher ag ree that if they make the
cas h contributio n but the technical repo n on the find ings of the studv performed durin g the 19%
growi ng/harves tin g sea so n is not submitte d to the Water Quality Con:cc i Division by May I. I 99i . J
cas h civi l penaltv in the amoun t or S3 l.cOS 00 will be paid by Litt!ern 1t'Englewood by June I 5. I 9o ·
15 Littlet on, Englewoo d agree 1h a1 if they make 1he cash con 1ribu11on but .:onstruction of the
Big Dry Creek :--:on -:Vlot orized Transp ona11on and Gre enw ay Projec1 ha s no l begun by December 3 1.
1996. a cash ci,il penalty in 1h e amount ofS31.205 00 will be pa id bv Litt le1 on,Englewoo d bv Januar,
15, 1997 .
16 The Divisio n agrees th at once 1he ac1io ns describea in items S th rough 15 of 1his
Sett le mer.t Agreement Jnd Stipulated Order are co mple 1ed. 1he No 1ice and Order of Februar,' S. I 00-1.
will be ass igned a closed stat us
I , Little1 on/En glewood •£Oree no t to exe rcise their right 10 appeal 1he civil penalties as
described in paragraphs IO through 15 to th e Colorado Wa1er Qualitv Con tr ol Commi ssio n pursuant
to ~ c5 -S-6 0S. C R S
IS On ce LittletorvEngle" oo d and the Di, ision sign the Senlement Agreement Jnd St ip ula 1ed
Orde r and ,he th inv (30) dav public no :;ce comment per iod elap ses. 1he Di"ision wi ll pe tition toe
Execucive Direc1or. or he~ designee. 10 approve chis Se11lement Agreement and S1ipula1ed Order and •
10 issue and Order for Civil Penalty imposing the stipulaced civil penalties that Li11le1on/Englewo od.
hereby agree 10 pay in the event chat any ofche circumstances set forth above in paragraphs 10 .
chr ough 15 transpire .
19. Li:tleton/Englewood agree that chis Sett le mcnl Agreement and S1ipula1 ed Order has the
same effect and force as • final Cease and Desisc Orde r or Clean-up Order iss ued pursuant 10 § 25-8-
606. C.R.S . and that violation of any term co ntained he rein is subject 10 action u11der § 15-8-605 10 25-
8-608 , C.R.S.
20 . This Se11lement Agreement and S1 ipula1ed Order become s effective upo n the iss uance of an
Order fo r Civil Penalty by the faecutive Director. or her designce .
21 . If the Executive Director. or .her desig nee. fails 10 approve th e Settlement Agreement and
Stipulated Order and impose the penalcies as stipulaced herein . chis Sen lernem Agreement and
Scipulated Order shall be rendered null and vo id and of no effect. Li11leton/Englewood and the
Di visio n shall then be entitled 10 exe rcise any anJ all rights. opcions . procedure s or app eals as
aL •horizecl by law .
Thomas Bums
Mayo r
CITY OF E GLE WOO D
J. Davi d Hol m
Director
Dat e
Date
WATER QUALITY CONTROL DIVISIO N
Denni s Reynolds
Mayor
CITY OF LITTLET O;-;
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March 18 , 1996
INITIATED BY:
COUNCIL COMMUNICATION
Agenda 11am
11 aii
Subject:
Settlement Agreement and
StlJ)<Jlated Order
Littlelon/Englewood Supervisory Committee I STAFF SOURCE:
St_.rt Fonda, Ulllltles Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The recomm~nded action Is to approve by Ordinance the Settlement Agreement and StiJ)<Jiated Order between
the cities of Llltleton and Englewood , and the Coionldo Department of Public Health and Environment
concem:ng Colorado Pollutant Discharge System Pennij effluent limltatlon violations for ammonia and ctuorine
that oa:urred in 1992 at the Littleton/Englewood Wast-er Treatment Plant .
IUI-CKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The effluent from the Littleton/Englewood Wast-er Pla nt violated permit conditions for ammonia from July
1992 through October 1992 and violated one daily sample for chlorine In February 1992. The details of these
permit violati ,s were presented to Council at a joint study session with the Litt!ston Council In 1993. In
summary, the chlorine violation was due to operational error and the ammonia violations were the result of
startup problems in the new ammonia removal process installe<l In the Phase la cc,nstruction project . These
ammonia removal process startup pro~lems were resolved in November 1992 and the process has performed
well since then . The operational error was corrected and no further violations have occurred .
The CDPHE initiated enforcement action in 1993, Including the assessment of a civil penalty for the violations.
Plant staff cooperated with CDPHE staff on the enforcement action and were Ible to take advantage of penalty
credits to reduce the amount of the penalty from over $500,000 to a final amount of $62,410 . The credits
obtained were for:
Demonstration of good compliance history
Demonstration of timely and effective response to the conditions causing permit non-compliance
D£monstration of effective corrective action
Proof of response costs
Demonstration of no adverse Impact on river water quallty
Funding for several environmental projects was Jl'Jrsued as an alternative lo the B<lmi nlstrative pe na lly The
IX'Ojects and fund ing amounts are :
Big Dry Creek Non-motorized Transportation and Greenway Pnoject -S130 ,00~ to assist in the
construction of a 'bike path ' along Big Dry Creek (portions in Littleton and Englewood) that includes
riparian habitat restoration
Bloaollds R-n:h -1112,410 to ColOrado Slate University to perfonn blosolids research In 1999 at the
Kiowa and Bennett sites .
Nutrient Removal by Managed Aquatic Plante • $38,000 to Landmarlt Reclamation as S11pporting
funding for e demonstration proj9ct for nutrient removal from wastewater.
The total cost for the environmental projects Is $230,410 .
Two attematlves -re considered :
1. Payment of penaity only• The penaity amount could be paid directly lo the general fund of the state . This
attemallve would meke a small contribut ion to the state general fund . This option does not benefrt the
env ironment. does not assist In the construction of the Big Ory Creek project In Llttleton and Englewood and
does not continue the biosollds research project.
2. Contest the admin istrative penatty • The amount of th e penatty could be contested before the Water Quality
Control Commission in an attempt to reduce or eliminate the penatty . The COF riE staff has followed the ir
policy on adm inistrative penatties and adjustment downword is not probable . In addttlon . If the penatty -re
substantially reduced, the EPA could intervene and conduct their own enforcement procedures . wtth the
potential for a higher pen .. ~y .
Netther of these two options are recommended by staff.
FINANCIAL IMPACT
The cost of the en vi ronmental projects is $230 ,410 and will be spltt 50/50 with the City of Uttleton . rnsutting in
$115 ,205 from each city 's sewer fund . Th is arr.c•,nt Is not Included In the 11196 budget and funds are available in
the Englewood sewer fund .
LIST OF ATTACHMENTS
Final Settlement Agrc,mcnt From The Water Quality Control Di\isinn
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STATE OF COLORADO
.O\'._.,C.-.0.
·-si,,.,y,1.,, ,.....c. .. ...; .. o..-
March 4. 1996
Dcn11is W. Stowe
hbN.ato,y Buildinc
◄210E.11 thA\ltnut
Oftwr,,, Cob* 80220-3716
(lOJt 6'11-470u
Littleton/Englewood Wastewater Treatment Plant
2900 ~--Platte Ri ver Drive
En glew~'Od, CO 80 I I 0
kE Proposca Settlemen t Agreement and Stipulated Order
CDPS Permit No . C0-0032999. Arapahoe Count y
Dear Mr Stowe
c.olo..do D,puun,n,
of Publit flealth
and Environrncru
A s per our telephone conversation. I have enclosed three unmarked copies of the last version of the
proposed settlement agreement . The names of the mayors for the cities have been added . Also. item 3
has been modified to ind icate that the permit has been cxtc.1ded .
As we are anxi ous to mo ve forward on the issue of the settle ment agreement . we requ est that a re sponse
in the form of additi onal comments or the txectuted agreement be submitted no later than March 28.
1996
Your effons in expediting this matter will be greatly apprec ,a te rl
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Ginny Torr ez -~ D
Dom estic Unit Compliance Officer
Perm it s and Enforcement Section
WATER QUALITY CONTROL DIVISIO N
E:SCLOSLllES