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HomeMy WebLinkAbout1997 Ordinance No. 014• • • ORDINANCE NO.ft SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 13 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 1, SUBSECTION D , OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of Englewood, Colorado approved the Wastewater Utility section with the passage of Ordinance No. 58, 1991 WHEREAS, the Environmental Protection Agency completed an annual audit on the Industrial Pretreatment Program in 1996; and WHEREAS, the EPA have required that definitions which are found in the Code of Federal Regulations , also be identified in the wastewater ordinance; and WHEREAS , in addition the federal definition for Pass Through, the definitions for Best Management Practice and Best Professional Judgment have been added to clarify terms which were used in amendments completed in March and November 1995 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 12 , Chapter 2, Section 1, Subsection D, of the Englewood Municipal Code 1985 with the insertion of the following definitions in alphabetical order: 12-2-1: GENERAL PROVISIONS: D . Definitions/Abbreviations. Unless the context specifically indicates otherwise , the following terms and phrases, as used in this Chapter, shall have the meanings hereinafter designated: BEST MANAGEMENT PRACTICE: ANY REASONABLE PRACTICE OR PROCEDURE DEEMED NECESSARY BY THE CITY, TO PREVENT, ABATE, OR REMEDY THE CONSEQUENCES OF THE INTRODUCTION OF UNLAWFUL POLLUTANTS OR CONCENTRATIONS OF POLLUTANTS INTO THE POTW BY AN INDUSTRIAL OR COMMERCIAL USER TO THE EXTENT TECHNICALLY AND ECONOMICALLY PRACTICAL . BEST PROFESSIONAL JUDGMENT: THE HIGHEST QUALITY TECHNICAL OPINION DEVELOPED AFTER CONSIDERATION OF ALL REASONABLY AVAILABLE AND PERTINENT DATA OR INFORMATION . -1- 10 b ii PASS THROUGH: A DISCHARGE WHICH EXITS THE POTW INTO WATERS OF THE UNITED STATES IN QUANTITIES OR CONCENTRATIONS WHICH, ALONG OR IN CONJUNCTION WITH A DISCHARGE OR DISCHARGES FROM OTHER SOURCES, IS A CAUSE OF A VIOLATION OF ANY REQUIREMENT OF THE POTW'S NPDES PERMIT (INCLUDING AN INCREASE IN THE MAGNITUDE OR DURATION OF A VIOLATION. Introduced, read in full, and passed on first reading on the 18th day of February, 1997 . Published as a Bill for an Ordinance on the 20th day of February, 1997 . Read by title and passed on final reading on the 3rd day of March, 1997. Published by title as Ordinance No. /1_, Series of 1997, on the 6th day of March, 1997. dl/J I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copyJ!lf he Ordinance passed on final reading and published by title as Ordinance No . , Series of 1997. ~.(/; -2- • • • COUNCIL COMMUNICATION Date Agenda Item Subject February 18 , 1997 11 a iii Wastewater Utility Ordinance INITIATED BY STAFF SOURCE UE Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Wastewater Utility Ordinance was revised by Council in November, 1995. RECOMMENDED ACTION The action recommended is to add language to the Wastewater Utility Ordinance which defines terms used in the Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Environmental Protection Agency completed an annual audit on the Industrial Pretreatment Program in 1996. They have required that definitions which are found in the Code of Federal Regulations , also be identified in the wastewater ordinance . In addition to the federal definition for Pass Through , the definitions for Best Management Practice and Best Professional Judgment have been added to clarify terms which were used in amendments completed March 1995 and November 1995 . Definitions Best Management Practice: Any reasonable practice or procedure deemed necessary by the City, to prevent, abate , or remedy the consequences of the introduction of unlawful pollutants or concentrations of pollutants into the POTW by an Industrial or Commercial User to the exten t technically and economically practical. Best Professional Judgment: The highest quality technical opinion developed after consideration of all reasonably available and pertinent data or information that forms the basis for the terms and conditions. Pass Through: A discharge which exits the POTW into waters of the United States in quantities or concentrations which , along or in conjunction with a discharge or discharges from other sources , is a cause of a violation of any requirement of the P01Ws NP DES permit (including an increase in the magnitude or duration of a violation) FINANCIAL IMPACT This will have no financial impact LIST OF ATTACHMENTS EPA audit requirement First letter of response to EPA