HomeMy WebLinkAbout1998 Ordinance No. 068•
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ORDINANCE NO. &
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, OF THE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO WASTEWATER UTILITY.
WHEREAS, the Englewood Municipal Code Title 12, Chapter 2 , has previously
been amended by City Council passage of Ordinance No. 58 , 1991, Ordinance No . 4,
1994, Ordinance No. 64, 1995 and Ordinance No. 14, 1997 ; a nd
WHEREAS, the U.S. Environmental Protection Agency completes an audit of the
Industrial Pretreatment program annually, the passage of this Ordinance will amend
the Wastewater Utility Ordinance to meet certain EPA requirements in accordance
with the audit's findings; and
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WHEREAS , the passage of this Ordinance will give the City Manager the authority
to grant variances for grease interceptors and gives the Water and Sewer Board the
authority to override the City Manager's decision to grant a variance for a grease
interceptor; and
WHEREAS, the passage of this Ordinance will amend the Wastewater Utility
Ordinance making the language more consistent with the Englewood Municipal Code;
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 amends
Title 12, Chapter 2, of the Englewood Municipal Code 1985 which shall read as
follows:
SECTION:
12-2--1: General Provisions
12 -2--2: General Regulations
12-2--3: Fees And Charges
CHAPTER 2
WASTEWATER UTILITY
12-2--4: Private Sewers, Connections And Repairs
12-2--5: Industrial Wastewater Discharge Permits
12-2--6: Enforcement And Penalties
12-2--7: Limitations On Discharge
12-2--8: Sewer Tap Fees
12-2--9: Construction Of Sewers; Extension Of Mains; Costs; Inspection
12-2-10: Miscellaneous
12-2-1: GENERAL PROVISIONS:
A. Short Title: This Chapter shall be known as the WASTEWATER UTILITY
ORDINANCE.
B. Strict Liability: The Englewood City Council recognizing the threats upon the
frail ecology and expressing great concern for its protection, declares that
merely doing any act prohibited by this Chapter and orders of the Di:reeter
CITY, issued under the provisions of this Chapter or failing to perform any act
required by this Chapter or said orders of the Dii·eeter CITY violates this
Chapter. The violator's intention is not a defense to any violation of this
Chapter or said order of the Di:reeter CITY, but intention may be considered as
a matter in aggravation or mitigation.
C. Purpose: It is necessary for the health, safety and welfare of the residents of
the City to regulate the collection of wastewater and treatment thereof to
provide for maximum public benefit. This Chapter sets forth uniform
requirements for direct and indirect contributors into the wastewater collection
and treatment system for the City and enables it to comply with all applicable
State and Federal laws.
The objectives are:
1. To prevent the introduction of pollutants into the POTW which will
interfere with the operation of the system or contaminate the resulting
sludge;
2. To prevent the introduction of pollutants into the POTW which will
pass through the system, inadequately treated, into receiving waters or
the atmosphere or otherwise be incompatible with the system;
3. To improve the opportunity to recycle and reclaim wastewaters and
sludges from the system;
4. To provide for equitable distribution among users of the cost of the
POTW ; and
5. To provide for and promote the general health, safety and welfare of
the citizens residing within the City and downstream users .
The provisions herein provide for the regulation of direct and indirect
contributors to the POTW through the issuance of permits and through
enforcement of general requirements for all users , authorize monitoring and
enforcement activities, require user reporting, and provide for the setting of fees
for the equitable distribution of costs resulting from the program established
herein, and for enforcement.
The provisions herein shall apply to the POTW and to persons outside the
POTW who are , by contract or agreement with the POTW, users of the POTW .
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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:
ACT OR" THE ACT":
ADMINISTRATOR:
ANALYSES:
(LABORATORY ANALYSES)
APPROVAL AUTHORITY:
AUTHORITY:
(CONTROL AUTHORITY)
AUTHORIZED REPRESENTATIVE
OF SIGNIFICANT INDUSTRIAL
USERS:
The Federal Water Pollution Control Act, -P±r.
92 1500 also known as the Clean Water Act,
as amended.,-, 33. U .S.C. 1251, ET. SEQ ..
The Regional Administrator of Region VIII of
the U.S. EPA.
SHALL BE PERFORMED IN ACCORDANCE
WITH PROCEDURES ESTABLISHED BY
THE EPA PURSUANT TO 40 C.F.R., PART
136 , AS AMENDED.
The Administrator or, upon delegation of
State Pretreatment Authority of Colorado, the
Director of the Water Quality Control
Division, Colorado Department of Health.
The City of Englewood , Colorado.
An authorized representative of att
SIGNIFICANT industrial user may be:
1. If the industrial user is a corporation:
a . A responsible officer of the corporation,
specifically the president, secretary,
treasurer, or vice president of the
corporation in charge of a principal
business activity, or any other person who
performs similar policy or decision-making
functions for the corporation, or
b . The manager of one or more
manufacturing, production or operation
facilities employing more than two
hundred fifty (250) persons or having
gross national sales or expenditures
exceeding twenty-five million dollars
($25,000,000.00), if authority to sign
documents has been assigned or
delegated to the manager in accordance
with corporate procedures.
2. If the industrial user is a partnership or
proprietorship: a general partner if the
permittee is a partnership, or by the
proprietor if the permittee is a sole
proprietorship.
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BEST MANAGEMENT PRACTICE:
BEST PROFESSIONAL
JUDGMENT:
BIOCHEMICAL OXYGEN
DEMAND (BOD):
BUSINESS CLASSIFICATION:
CODE (BCC):
CATEGORICAL USER:
CHEMICAL OXYGEN
DEMAND (COD):
CHLORINE DEMAND:
CITY:
3. A duly authorized representative of the
individual designated above , if the
authorization is made in writing. Written
authorization must:
a. Specify an individual or position having
overall responsibility for the facility from
which discharge originates.
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.
The highest quality technical opinion
developed after consideration of all
reasonably available and pertinent data or
information.
The quantity of oxygen utilized in the
biochemical oxidation of organic matter under
standard laboratory procedure in five (5) days
at twenty degrees Celsius (20°C), expressed in
milligrams per liter.
A classification of dischargers based on the
current version of Standards Industrial
Classification Manual, Bureau of the Budget
of the United States of America.
Those users subject to EPA promulgated
categorical pretreatment standards.
The measure of the oxygen equivalent of that
portion of organic matter in a sample that is
susceptible to oxidation by a strong chemical
oxidant under laboratory procedures .
The amount of chlorine required to produce a
free chlorine residual of 0.1 mg/l after a
contact time of fifteen (15) minutes as
measured by the DPD (N, N, Diethyl-P-
PhenyleneDiamine) Method on a sample at a
temperature of twenty degrees centigrade
(20°C) in conformance with Standard
Methods. 40 C.F.R., PART 136, AS
AMENDED.
The City of Englewood, Colorado.
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CLEAN WATER ACT OR AS AMENDED 33 U.S .C. 1251 ET SEQ.
FEDERAL WATER POLLUTION
CONTROL ACT:
CODE :
COMPATIBLE (CONVENIENT)
POLLUT:L\NT:
COMPOSITE SAMPLE:
The Code of the City of Englewood, commonly
known as the Englewood Municipal Code of
1985, as amended.
Bioehcmieal oxygen demand, ehemieal
oxygen demand , suspended solids, FOG,
ammonia , pH and fceal coliferm bacteria; plus
any additional pollutants identified in the
POTV!s NPDES permit.
A representative flow-proportioned sample
collected within a twenty-four (24) hour period
constituting a minimum of four (4) individual
samples collected at equally spaced two (2)
hour intervals and combined according to flow .
Time-proportional sampling is allowed if flow-
proportional sampling is not feasible including
where flow metering is not feasible .
CONSISTENT POTW TRE:L\TMENT Rcduetion in the amount of a pollutant m·
WORKS REMOVAL , POLLUTANT alteration of the nature of a pollutant in the
REMOVAL OR REMOVAL: influent of the POTW to a less toxic or
harmless state in the effluent. Consistent
POTW removal cffieieney shall he the average
of the lowest fifty pcrecnt (§0%) of the
removals measured.
CONTAMINf.c:TION:
COOLING WATER:
f.c:n impairment of the quality of the ·.vatcrs of
the State by waste to a degree -.vhieh ercatcs
a hazard to the environmental and/or public
health through poisoRing or through the
spread of disease , as dcserihcd in Standard
Methods.
The water discharged from any use such as
air conditioning, cooling or refrigeration, or to
which the only pollutant added is heat .
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COUNTY HEALTH DEPARTMENT,
HEALTH OFFICER:
COLORADO DEPARTMENT OF
PUBLIC HEAL TH AND
ENVIRONMENT:
DEPARTMENT OF UTILITIES :
Any reference in this Chapter to the "Department
of Health" or the "Health Department" OR
THE CDPH & E shall mean the Tri County
District STATE Health Department. Any
reference in this Chapter to the "health officer"
shall mean the Health Officer of the
Tri Cottnty District Health Department, or his
designated representative FOR THE STATE.
The Department which is responsible for the
operation and maintenance of the wastewater
collection system.
DEPARTMKNT OF \!li.1:STEWi.1:TER The cl:epa:rtment whieh is responsible
TREf.rTMENT : for the opera:tion a:ncl: ma:intena:nee of the
wa:stewa:ter trea:tment system.
DIRECT DISCHARGE:
DIRECTOR OF UTILITIES:
DIRECTOR'S ORDER:
DISCHARGE RATE :
DISCHARGER:
DISSOLVED SOLIDS :
The discharge of treated or untreated
wastewater directly to the waters of the State
of Colorado .
The Director of Utilities ~for Englewood or
his/her authorized representative or designee ,
respectively.
Any order to a user by the Director.
That volume of effluent from the pla:nt A
USER OR DISCHARGER which has been
determined by the Director CITY to be
representative of the process effluent from
that plant. Such effluent will be based upon
metered water usage unless, in the opinion of
the Director CITY , significant amounts of
water are diverted and not discharged into
the wastewater tre atment system.
Any person who discharges or causes the
discharge of wastewater to the POTW.
That concentration of matter in the
wastewater consisting of colloidal particulate
matter one micron in diameter or less , and
both organic and inorganic molecules and ions
present in solution.
DOMESTIC (SANITARY) WASTES: Liquid wastes: 1) from the noncommercial
preparation, cooking and handling of food , or
2) containing human excrement and similar
matter from the sanitary conveniences of
dwellings , commercial buildings , industrial
faciliti e s , and institutions.
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ENVIRONMENTAL PROTECTION
AGENCY (EPA):
EXISTING BSER-SOURCE:
FATS, OIL OR GREASE (FOG):
FECAL COLIFORM:
FLOW:
GARBAGE:
GARBAGE, PROPERLY GROUND
OR SHERDDED:
GRAB SAMPLE:
HOLDING TANK SEWAGE:
INCOMPATIBLE
(NONCONVENTIONAL)
POLLUTANT:
The U .S. Environmental Protection
Agency, or where appropriate , the term may
also be used as a designation for the
Administrator or other duly authorized official
of said Agency.
An industrial user which is in operation at the
time of promulgation of Federal Categorical
Pretreatment Standards and any industrial
user not included in the definition of "new
source" as contained in 40 CFR 403.
Any hydrocarbons, fatty acids , soaps, fats,
waxes , oils , and any other material that is
extracted by freon solvent. IN ACCORDANCE
WITH EPA APPROVED METHODOLOGY.
Any number of organisms common to the
intestinal tract of humans and animals whose
presence in sanitary sewage is an indicator of
pollution.
Volume of wastewater.
Solid wastes from the domestic and
commercial preparation, cooking and
dispensing of food , and from the commercial
handling, storage and sale of produce.
The wastes from the preparation,
cooking and dispensing of foods that have
been ground to such a degree that all particles
will be carried freely under the flow conditions
normally prevailing in public sewers, with no
particles greater than one-half inch (W') in
any dimension .
A sample which is taken from a waste stream
on a one -time basis with no regard to the flow
in the waste stream and without
consideration of time.
Any wastewater from holding tanks such as
vessels , chemical toilets , campers, trailers ,
septic tanks , sealed vaults, and vacuum -
pump trucks.
Any nontreatable waste product,
including nonbiodegradable dissolved solids.
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INDIRECT DISCHARGE:
INDIVIDUAL (PRNATE) SYSTEM:
WASTEWATER DISPOSAL
SYSTEM:
INDUSTRIAL:
INDUSTRIAL SURCHARGE :
INDUSTRIAL USER:
INDUSTRIAL WASTES:
INTERFERENCE :
JACKSON TURBIDITY
UNITS (JTU):
The diseharge or The introduction of
nondomestie pollutants f:rom any sottl'ee
regulated under seetion 307(b) or (e) of the
Act, (33 USG 1317), into the POT'.!/ (ineluding
holding tank waste diseharged into the
system). INTO THE POTW FROM ANY
NON-DOMESTIC SOURCE REGULATED
U NDER SECTION (b ) (c) OR (d ) OF THE
ACT .
A septic tank, cesspool or similar self-
contained receptacle or facility which collects
and/or treats or otherwise disposes of
wastewater and which is not connected to the
POTW .
Of or pertaining to industry, manufacturing,
commerce , trade or bus iness , as distinguished
from domestic or residential.
That charge assessed against industrial
customers based upon the amount that the
strength of their discharged wastewater
exceeds normal domestic strength in the
parameters of BOD , COD , or TSS.
Any user that discharges wastewater from
industrial processes not to include sanitary
wastes.
The liquid OR SOLID wastes from the
industrial manufacturing processes, trade , or
business as distinct from sanitary
wastewater.
The inhibition or disruption of the POTW
treatment processes or operations which
contributes to a violation of any requirements
of the POTW's NPDES permit. The term
includes prevention of sludge use or disposal
by the POTW in accordance with section 405
of the Act, or any criteria , guidelines or
regulations developed pursuant to the SWDA,
the Clean Air Act, the Toxic Substances
Control Act, RCRA, or more stringent State
criteria applicable to the method of disposal
or use employed by the POTW.
The measure of the optical properties of a
sample which causes light to be scattered and
abs orbed rather than transmitted in straight
lines.
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MAXIMUM DAILY AVERAGE:
METRO DISTRICT:
NATIONAL Ci\TEGORICAL
PRETREATMENT STANDARD
GR C1\TEG ORICAL 8T1YNDfiRD
OR PRETREATMENT
STANDARD: (NCP8):
NATIONAL POLLUTANT
DISCHARGE ELIMINATION
SYSTEM (NPDES):
NATIONAL POLLUTANT
DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT:
NATIONAL PROHIBITIVE
DISCHARGE STANDARDS OR
PROHIBITIVE DISCHARGE
STANDARD:
NATIONAL CATEGORICAL
STANDARDS OR NATIONAL
CATEGORICAL STANDARD:
NATURAL OUTLET:
NEW SOURCE :
The average of all samples collected during a
twenty-four (24) hour period.
The Metro Wastewater Reclamation District,
a political subdivision of the State of
Colorado .
Any regulation containing pollutant discharge
limits promulgated by the EPA in accordance
with section 307(b) and (c) of the Act which
applies to a specific category of industrial
users. THIS TERM INCLUDES
PROHIBITIVE DISCHARGE LIMITS
ESTABLISHED PURSUANT TO 40 CFR
SECTION 403.5.
The program for issuing, conditioning and
denying permits for the discharge of
pollutants from p oint sources into the
navigable waters of the contiguous zone and
the oceans pursuant to section 402 of the Act.
A permit issued under the National Pollutant
Discharge Elimination System for Discharge of
Wastewaters to the Navigable Waters of the
United States pursuant to the Act .
Any regulation deve loped under the authority
of 307(b) of the Act and 40 CFR, section
403 .5.
ANY REGULATION DEVELOPED UNDER
THE AUTHORITY OF 307(b) OF THE ACT
AND 40 CFR SECTION 403.6.
Any outlet into a watercourse , pond, ditch,
lake or other body of surface or ground water.
Construction by an industrial user is
classified as a new source if:
1. The construction is carried out at a site at
which no other source is located;
2 . Construction totally replaces the process or
production equipment that causes the
discharge of pollutants at an existing source;
or
3 . The production or wastewater generating
processes of the constructed facility are
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NORMAL DOMESTIC STRENGTH
WASTEWATER:
ONE YEAR:
PASS THROUGH:
PERSON:
PH:
PLATINUM COBALT SCALE :
POLLUTANT :
subs tantially independent of an existing
source at the same site .
Wastewater, when analyzed hy Standard
Methods , IN ACCORDANCE WITH
PROCEDURES ESTABLISHED BY THE EPA
PURSUANT TO 40 CFR PART 136 , AS
AMENDED , contains no more than three
hundred (300) mg/l of TSS, five hundred (500)
mg/l of COD, and/or two hundred (200) mg/l of
BOD .
One year shall mean three hundred sixty-five
(365) days.
A discharge which exits the POTW into
waters of the United States in quantities or
concentrations which, a:kmg-ALONE or in
conjunction with a discha rge or discharges
from other sources , i s 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).
Any individual, partnership, copartnership ,
firm , company, corporation, association, joint
stock company, trust, estate, governmental
entity or any other legal entity, or their legal
representatives , agents or assigns. The
masculine gender shall include the feminine ;
the singular shall include the plural.
The intensity of the acid or base condition of a
solution, calculated by taking the logarithm of
the reciprocal of the hydrogen ion
concentration expressed in moles per liter of
solution.
The standard by which samples shall be
compared. A standard unit of color is
produced by one milligram per liter of
platinum in the form of chloroplatinate ion in
solution.
Dredged spoil , dirt, slurry, solid waste,
incinerator residue , sewage , sewage sludge ,
garbage , trash, chemical waste, biological
nutrient, biological material, radioactive
material, heat, wrecked or discarded
equipment, rock , sand, or any industrial,
Municipal, or agricultural waste .
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POLLUTION:
PRETREATMENT
OR TREATMENT:
PRETREATMENT
REQUIREMENTS:
PRETREATMENT STANDARDS.
PUBLICLY-OWNED
TREATMENT WORKS (POTW):
The man-made or man-induced alteration of
the chemical, physical, biological, and
radiological integrity of water.
The reduction of the amount of
pollutants, the elimination of pollutants, or
the alteration of the nature of pollutant
properties in wastewater to a less harmful
s-tftte prior to or in lieu of discharging or
otherwise introducing such pollutants into a
POTW. The reduction or alteration can be
obtained by physical, chemical or biological
processes, or process changes by other means ,
except as prohibited by 40 CFR section
403.6(d).
Any substantive or procedural requirement
related to pretreatment, other than a national
pretreatment standard imposed on an
industrial user.
All applieahle Fednal rules and regulations
implementing seetion 307 of the 1\et , as ·.veil
as any noneonflieting State or loeal standards .
In eases of eonflieting standards or
regulations, the more stringent thereof shall
he applied.
The v;astewater system ovrned hy the
City or the Metro Distriet. This definition
ineludes any sewer that eonveys wastewater
to the POT\¥ treatment plants , exeept private
sev;ers. For the purposes of this Chapter,
POTW shall also inelude any sev;ers that
eonvey vrnstewater to the POTW from persons
outside the POTW boundaries ·.vho are hy
eonti·aet or agreement with the POTW
aetually users of the POT'!/. THAT
PORTION OF THE WASTEWATER
TREATMENT SYSTEM OWNED WHOLLY
OR JOINTLY BY THE CITY. THIS
DEFINITION INCLUDES ANY SEWER
THAT CONVEYS WASTEWATER TO THE
POTW TREATMENT PLANTS , EXCEPT
PRIVATE SEWERS . FOR THE PURPOSES
OF THIS CHAPTER, POTW SHALL ALSO
INCLUDE ANY SEWERS THAT CONVEY
WASTEWATER TO THE POTW FROM
PERSONS OUTSIDE THE POTW
BOUNDARIES WHO ARE BY CONTRACT
OR AGREEMENT WITH THE POTW
ACTUALLY USERS OF THE POTW. THE
POTW IS LOCATED AT 2900 SOUTH
PLATTE RIVER DRIVE , ENGLEWOOD,
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RADIOLOGICAL CONTROL:
RECEIVING WATER :
RECEIVING WATER
QUALITY REQUIREMENTS:
SANITARY SEWER:
S ERVICE LINE
(PRIVATE SEWER):
SHALL, WILL, MAY:
COLORADO , AND IS JOINTLY OWNED BY
THE CITY AND THE CITY OF LITTLETON.
Disposal by release into sanitary sewer
systems in accordance with Rules and
Regulations published by Colorado
Department of Health and the State of
Colorado.
Lakes , rivers, streams or other watercourses
which receive treated or untreated
wastewater .
Requirements for the wastewater
treatment plant effluent established by
applicable State or Federal regulatory
agencies for the protection of receiving water
quality . Such requirements shall include
effluent limitations , and waste discharge
standards, requirements, limitations, or
prohibitions which may be established or
adopted from time to time by State or Federal
laws or regulatory agencies .
A sewer which carries sewage and to which
storm , surface, and ground waters are not
intentionally admitted, including the pipe or
conduit system and appurtenances , for the
collection, transportation, pumping and
treatment of sewage. This definition shall
also include the terms "public sewer", "sewer
system", "sewer", and "collection line".
The wastewater collector line extending
from the wastewater disposal facilities of the
premises up to and including the connection to
the sanitary sewer.
"Shall" and "will" are mandatory; "may" is
permissive.
SIGNIFICANT HIDUSTRIAL USER. Any categorical user er industrial user ef the
City's "vastew·ater treatment system 'Nhese
precess fle·.v a) exceeds tw·enty five thousand
(25,000) gallons per day, (excluding sanitary,
nencentact ceeling and beiler blmvdewn
wastewater) er b) exceeds five percent (5%) ef
the daily average dry weather hydraulic er
organic capacity ef the treatment system, c) is
subject tea surcharge for excessive BOD ,
GOD and/er TSS as prerv'ided fer in this
Chapter, d) has texic material in its waste
stream in texic amounts as defined in
standards issued under section 307(a) ef the
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SIGNIFICANT INDUSTRIAL
USER:
2\:ct , 01· c) is determined by the Director, the
Metro District, the Colorado Department of
Health or the U .S. Environmental Protection
Agency to have significant impact, either
singly or in combination with other
contributing industries , on the treatment
·.vorks sueh that the quality of the effluent, or
sludges , from the treatment works deviates
from the requirements set forth in the NPDES
permit issued to the City, or the Metro
District, or sueh that interference with the
treatment process or facilities would result.
A) ALL INDUSTRIAL USERS SUBJECT TO
CATEGORICAL PRETREATMENT
STANDARDS UNDER 40 C .F .R. 403.6 AND
40 C.F .R. CHAPTER I , SUBCHAPTER N;
AND
B) ANY OTHER INDUSTRIAL USER THAT
1) DISCHARGES AN AVERAGE OF 25,000
GALLONS PER DAY OR MORE OF
PROCESS WASTEWATER TO THE POTW
(EXCLUDING SANITARY, NON-CONTACT
COOLING AND BOILER BLOWDOWN
WASTEWATER. 2) CONTRIBUTESA
PROCESS WASTESTREAM WHICH MAKES
UP TO 5 PERCENT (5%) OR MORE OF THE
AVERAGE DRY WEATHER HYDRAULIC OR
ORGANIC CAPACITY OF THE POTW
TREATMENT PLANT. 3) IS SUBJECT TO A
SURCHARGE FOR EXCESSIVE BOD, COD
AND/OR TSS . 4) HAS TOXIC MATERIAL IN
ITS WASTE STREAM IN TOXIC AMOUNTS
AS DEFINED IN STANDARDS ISSUED
UNDER SECTION 307 (a) OF THE ACT.
5) IS DESIGNATED AS SUCH BY THE
CONTROL AUTHORITY AS DEFINED IN 40
C .F .R. 403.12(a) ON THE BASIS THAT THE
INDUSTRIAL USER HAS A REASONABLE
POTENTIAL FOR ADVERSELY
AFFECTING THE POTW'S OPERATION,
OR 6) FOR VIOLATING ANY
PRETREATMENT STANDARD OR
REQUIREMENT (IN ACCORDANCE WITH
40 C.F.R. 403.8(f)(6).
li person who remains in noncompliance with
conditions of this Chapter forty five (46) days
after notification of sueh noncompliance and
v«hich is part of a pattern of noncompliance
over a twelve (12) month period or which
involves a failure to aeeurately report
noncompliance , or which resulted in the
POT'll having to exercise its emergency
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SLUDGE:
SLUG OR SLUGLOAD:
STANDARD INDUSTRIAL
CLASSIFICATION (SIC):
STf .. NDi\RD METHODS .
authority to halt or prevent the industry's
diseharge of pollutants.
The accumulated solids separated from
liquids, such as water or wastewater, during
processing, or deposits on bottoms of streams
or other bodies of water, or the precipitate
resulting from chemical treatment,
coagulation, or sedimentation of water or
wastewater.
A discharge of any pollutant at a flow rate
and/or pollutant concentration that could
violate any of the prohibited discharge
standards , whether or not such violation
actually occurs.
A classification pursuant to the Standard
Industrial Classification Manual issued by
the Executive Office of the President, Office of
Management and Budget, as amended.
Proeedures deseribed in the latest edition of
"Standard Methods for the Examination of
Water and Waste·Nater" as published by the
Ameriean Publie Health Assoeiation and the
'Nater Pollution Control Federation. Elements
of 'tvaste-.vater strength shall be measured by
"Standard Methods" unless other.vise
expressly stated.
STANDARD SPECIFICATIONS: The current specifications used by the City of
Englewood in the construction of public
sewers .
STATE:
STATE WATERS:
STORM SEWER:
STORM WATER:
State of Colorado.
Any and all surface and subsurface waters
which are contained in or flow in or through
this State, except waters in sewage systems,
waters in treatment works or disposal
systems , waters in potable water distribution
systems , and all waters withdrawn for use
until use and treatment have been completed.
A sewer that carries only storm, surface and
ground water drainage.
Any flow occurring during or following any
form of natural precipitation and resulting
therefrom.
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SUBDIVIDER (DE1/ELOPER).
SUBDIVISION.
SUPERINTENDENT.
SUSPENDED SOLIDS OR
TOTAL SUSPENDED
SOLIDS (TSS):
SYSTEM DEVELOPMENT
CHARGE:
TOTAL METALS :
TOTAL SOLIDS:
TOXIC POLLUTANTS:
UPSET (SPILL):
UNPOLLUTED WATER:
filly persen 'Nhe plats and impreves
undeveleped land fer the pm·pese ef
industrial, eemmereial, er residential use.
lti1y undeveleped land '.Vhieh has been platted
and is impreved fer the purpese ef indu strial,
eemmereis.l , er residential use.
The persen designated by the City te
supervise the epers.tien ef the POTV/ and whe
is ehB:rged with eerts.in duties and
respensibilities by this Chapter, er his duly
s.utherized representative .
The total suspended matter, expressed in
milligrams per liter, that floats on the surface
of, or is suspended in, water, wastewater, or
other liquids, and which is removable by
laboratory filtering in accordance with
procedures set forth in "Stands.rd Metheds".
40 C.F.R., PART 136, AS AMENDED .
That charge assesse d against new u s ers of
the wastewater trea tment s y s t em to finance
capital improvement of the wastewater
treatment system .
The sum of the concentrations of copper (Cu),
nickel (Ni), total chromium (Cr) and zinc (Zn).
The sum of suspended and dissolved solids .
Any pollutant or combination of pollutants
listed in Schedule A as toxic or in regulations
promulgated by the Administrator of the
Environmental Protection Agency under the
provisions of CWA 307 (a) or other Acts .
An exceptional incident in which a discharger
unintentionally and temporarily is in a state
of noncompliance with the standards
HIS OR HER PERMIT set forth in Section
12·2-7 herein due to factors beyond the
reasonable control of the discharger, and
excluding noncompliance to the extent caused
by operational error, improperly designed
treatment facilities , inadequate treatment
facilities , lack of preventive maintenance , or
careless or improper operation thereof.
Water of quality equal to or better than the
State or Federal effluent criteria in effect, or
water that would not cause violation of
receiving water quality standards and would
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USER:
USER CLASSIFICATION:
VISCOSITY:
WASTEWATER (SEWAGE):
WASTEWATER
CONTRIBUTION PERMIT:
WASTEWATER
PRETREATMENT FACILITY:
WASTEWATER STRENGTH:
not be benefited by discharge to the sanitary
sewers and wastewater treatment facilities
provided.
Any person who contributes, causes or
permits the contribution of wastewater into
the POTW.
A classification of users based on the 1972 (or
subsequent) edition of the Standard
Industrial Classification (SIC) Manual
prepared by the Federal Office of
Management and Budget.
The property of a fluid that resists internal
flow by releasing counteracting forces .
The combination of the liquid and
water-carried wastes from residences ,
commercial buildings, industrial plants and
institutions including polluted cooling water.
1. SANITARY WASTEWATER : The
combination of liquid and water-carried
wastes discharged from toilets and
other sanitary plumbing facilities.
2 . INDUSTRIAL WASTEWATER: A
combination of liquid and water-carried
waste , discharged from any industrial
establishment and resulting from any
trade process carried on in that
establishment including the wastewater
from pretreatment facilities and
polluted cooling water.
3. COMBINED WASTEWATER:
Wastewater including sanitary and
industrial wastewater, storm water ,
infiltration and inflow carried to the
POTW .
The document or documents issued
to a user by the City in accordance with the
terms of this Chapter.
Any arrangement of devices or
structures used for treating wastewater before
it is discharged into the POTW .
The quality of wastewater discharged as
measured by its elements, including its
constituents and characteristics.
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WASTEWATER TREATMENT
SYSTEM, WASTEWATER
UTILITY, OR WASTEWATER
SYSTEM:
WATERCOURSE:
WINTER QUARTER WATER
USE:
a) Any devices, facilities, structures,
equipment or works owned or used
by the City for the purpose of the
transmission, storage, treatment, recycling,
and reclamation of industrial and domestic
wastes from within or without the City, or
necessary to recycle or reuse water at the
most economical cost over the estimated life of
the system, including intercepting sewers,
outfall sewers, collection lines , pumping,
power, and other equipment, and their
appurtenances, and excluding service lines;
b) extensions , improvements , additions,
alterations or any remodeling thereof;
c) elements essential to provide a reliable
recycled supply such as standby treatment
units and clear well facilities ; and d) any
works , including the land and sites that may
be acquired, that will be an integral part of
the treatment process or is used for ultimate
disposal of residues resulting from such
treatment.
Any channel in which a flow of water occurs,
either continuously or intermittently .
The average monthly amount of water
delivered through the meter of the user during
the following periods :
Water Usage Periods for Computing Sewer Rates
Inside City
Mid Mid Bill Date
Group III Nov. Feb . Mar. 1
Group I Dec . Mar. Apr. 1
Group II Jan . Apr. May 1
Outside City -Denver Water
Mid Mid Bill Date
Quad IV Jan . Mar. Sept. 1
Quad III Dec Feb . Mar. 1 , June 1
Sept. 1, Dec . 1
Outside City -Willow Water
Mid Mid Bill Date
Dec . Feb . June 1
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Terms net etherwise defined herein shall have the meanings adapted in the
latest editien ef "Standard Metheds fer the Bxaminatien ef 1.3/ater and
Wastevrater" published by the Ameriean Publie Health Asseeiatien, the
i\:meriean Water Werks l.rsseeiatien and the Water Pellutien Central
Federatien.
Abbreviations: The following abbreviations shall have the designated
meanings:
M. 1. BAT -Best Available Technologies.
w. 2. BMP -Best Management Practices .
±-. 3. BOD -Biochemical Oxygen Demand.
4. BPJ -BEST PROFESSIONAL JUDGMENT .
U . 5 . BPT -Best Practical Technologies.
:2-. 6 . CFR -Code of Federal Regulations.
&. 7 . COD -Chemical Oxygen Demand .
4 . 8 . CWA -Clean Water Act (33 USC 1251 et seq.), as amended.
&. 9 . O&M -Operation and Maintenance .
&:-BMC Bngleweed Munieipal Gede 19815.
!/-. 10 .. EPA -Environmental Protection Agency.
&. 11 . FOG -Fats , oils and grease.
9-. 12 . 1 -Liter.
M. 13 . mg -Milligrams .
H . 14 .. mg/l -Milligrams per liter.
-2-4. 15. NCPS -National Categorical Pretreatment Standards
H. 16 . NPDES -National Pollutant Discharge Elimination System.
:2-&. PIF Plant Investment Fee.
H. 17 . POTW -Publicly Owned Treatment Works.
~-18. RCRA -Resource Conservation Recovery Act.
19. SC -SURCHARGE.
H. 20. SIC -Standard Industrial Classification.
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-!-& . 21. SWDA -Solid Waste Disposal Act, 42 USC 6901 , et seq.
-1-6-. 22. TSS -Total Suspended Solids .
±-+. 23. USC -United States Code.
M. 24. USEPA -United States Environmental Protection Agency.
12-2 -2: GENERAL REGULATIONS:
A. Supervision:
1. The Direetor of Utilities CITY MANAGER OR HIS/HER DESIGNEE shall be
responsible for the management of the wastewater collection system served
by the City and all of the property pertaining thereto. He/she shall see that
such system is kept properly cleaned and in good working order and repair.
He/she shall ensure proper compliance with all local, State and Federal
ordinances , statutes, laws , and regulations for collection of wastewater and
shall perform all other duties in connection with such system as may be
required.
2. The Direetor of Wastewater Treatment (DWT) CITY MANAGER OR
HIS/HER DESIGNEE shall be responsible for the management of the Bi City
LITTLETON/ENGLEWOOD wastewater treatment plant and all of the
property pertaining thereto. He/she shall see that such system is kept
properly cleaned and in good working order and repair. He/she shall ensure
proper compliance with all local, State and Federal regulations for treatment
and discharge of wastewater and shall perform all other duties in connection
with such system as may be required.
3. The Direetor of Utilities and Direetor of 1.Vastevrnter Treatment CITY
MANAGER OR HIS/HER DESIGNEE may adopt rules and regulations in
their respective areas of responsibility, jointly or individually, consistent with
the provisions of this Chapter for the administration of the wastewater
system. Rules and regulations adopted shall pertain to, but shall not be
limited to, discharge, limitations, pretreatment requirements, standards for
installation of wastewater lines and services , and implementation of
standards promulgated pursuant to the Act. In establishing such rules and
regulations, they shall establish standards that will assure safe , efficient
operation of the wastewater system , wastewater treatment process or
equipment, that will not have an adverse effect on the receiving water, or will
not otherwise endanger persons or property, or constitute a nuisance.
4. The Direetor of Utilities, the Direetor of V/astewater Treatment and the
Direetor of Finaneial Se1·viees CITY shall keep such records and prepare such
reports concerning the wastewater utility as the City Manager direets. The
City Manager shall keep the City Council advised of the operations, financial
conditions and future needs of the Department and shall prepare and
submit to the City Council, at least annually, a report covering the activities
of the Departments, including a statement of revenues and expenditures of
the preceding year .
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5. The Direetor of Utilities trnd the Direetor of Waste·.vater Treatment CITY
shall have the power to formulate and promulgate directives, regulations ,
and orders implementing and consistent with the provisions of this Chapter.
The violation by the user of any such directive, regulations , or orders can be
enforced in accordance with the provisions of Section 12-2-6 of this Chapter.
6. If wastewaters containing any substance described in the following sections
of this Code are discharged or proposed to be discharged into the wastewater
system of the City or to any tributary thereto, the Direetor CITY may take
any action necessary to:
a. Prohibit the discharge of such wastewater;
b. Require a diseharger to demonstrate that in plant modifieations 'Nill
reduee or eliminate the diseharge of sueh substanees so that the
diseharge does not exceed the limits set in Seetion 12 2 7 herein;
ISSUE A PERMIT TO ANY INDIRECT DISCHARGER THAT THE
CITY MANAGER OR HIS/HER DESIGNEE DETERMINES TO BE A
SIGNIFICANT INDUSTRIAL USER ;
c. Ensure pretreatment, including storage facilities or flow equalization
necessary to reduce or eliminate the objectionable characteristics or
substances so that the discharge will not violate this Chapter ;
d . Ensure that the person making, causing or allowing the discharge pays
any additional cost or expense incurred by the City treatment system;
or
E . IMPOSE MASS LIMITATIONS ON SIGNIGICANT INDUSTRIAL
USERS WHICH ARE USING DILUTION TO MEET APPLICABLE
PRETREATMENT STANDARDS OR REQUIREMENTS , OR IN
OTHER CASES WHERE THE IMPOSITION OF MASS LIMITATIONS
ARE APPROPRIATE.
e. F. Take such other or further remedial action as may be deemed to be
desirable or necessary to achieve the purpose of this Chapter.
G. REQUIRE THE INDIRECT DISCHARGER TO IMPLEMENT A BEST
MANAGEMENT PRACTICE AS SPECIFIED BY THE CITY
MANAGER OR HIS/HER DESIGNEE THIS REQUIREMENT APPLIES
TO ALL INDIRECT DISCHARGERS AND SHALL BE
ENFORCEABLE UNDER PARAGRAPH 12-2-6 OF THIS
ORDINANCE.
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7. Any actual or threatened discharge of wastewater containing substances
limited or prohibited by this Chapter into the wastewater treatment system
of the City which, by the determination of the Director of Utilities CITY
MANAGER OR HIS/HER DESIGNEE or the Director of Wastewater
Treatment, presents an imminent or substantial endangerment to the
health or welfare of persons or to the environment, or which causes
interference with the normal operation of the wastewater treatment system ,
may be immediately halted or eliminated by either the Director of Utilities.
or the Director of Waste·:;ater Treatment CITY MANAGER OR HIS/HER
DESIGNEE. The Director of Utilities or the Director of Vlastewatcr
Treatment CITY MANAGER OR HIS/HER DESIGNEE may halt or eliminate
such discharges by means of any procedure or measure authorized by this
Chapter for enforcement of discharge limitations and prohibitions, or by
means of physical disconnection from the wastewater treatment service. Such
discharges may be halted or eliminated without regard to the compliance of
the discharge with other provisions ohhis Chapter . This action does not
preclude the Director CITY MANAGER OR HIS/HER DESIGNEE taking any
further appropriate enforcement action provided by this Chapter .
8. The Dii·ector CITY MANAGER OR HIS/HER DESIGNEE shall see that
industrial users which discharge to the Metro District comply with the more
stringent discharge limitations of either the Metro District or Englewood.
B . General Prohibitions .
1. All wastewater shall be discharged to the POTW except as provided
hereinafter.
2. It shall be unlawful to discharge from any premises within the City, or
into any area under the jurisdiction of the City, or into a district or
jurisdiction under contract with the City for treatment of sanitary
sewage , into and upon any public highway, stream, watercourse, or
public place , or into any drain, cesspool, storm or private sewer, or
natural water outlet, any sewage or other polluted waters , except
where suitable treatment has been provided in accordance with
provisions of this Chapter and local, State and Federal laws.
3 . It shall be unlawful for any person to cause to be discharged or make a
connection to the POTW which would allow any storm water, surface
drainage, ground water, water from unroofed drains , roof run-off,
cooling water or other water into any sanitary sewer . No person shall
cause any of the above mentioned water to be mixed with that person's
sewage in order to dilute said sewage.
4. Storm water, surface drainage , subsurface drainage , ground water,
water from unroofed drains, roof run-off, cooling water or unpolluted
water may be admitted to specifically designated storm sewers which
have adequate capacity for the accommodation of said waters . It shall
be unlawful for any person to connect to and/or use sanitary sewers for
the above purpose without having obtained the written prior consent of
the Director of Utilities CITY MANAGER OR HIS/HER DESIGNEE .
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5. It shall be unlawful for any person, in any way, to damage any
property, equipment or appliance constituting or being a part of the
City wastewater utility or for any person to trespass upon the property
of the City , to tap any sewer main or to make any connections
therewith, to deposit any type of refuse into manholes or in any
manner to interfere with the wastewater utility or the property,
equipment, manholes, piping or appliances of the wastewater collection
system and treatment facilities.
C. Specific Prohibitions:
1. It is unlawful for any user to contribute or cause to be contributed
directly or indirectly, any pollutant or wastewater which will interfere
with the operation or performance of the POTW . These general
prohibitions apply to all such users of a POTW, whether or not the
user is subject to National Categorical Pretreatment Standards or any
other National, State or local pretreatment standards or requirements.
It is unlawful for any user to contribute the following substances to any
POTW:
a. Any "hazardous waste" as defined in 40 CFR 261 , unless
specifically allowed by POTW.
b. Any liquids, solids, or gases which by reason of their nature or
quantity are, or may be , sufficient either alone or by interaction
with other substances to cause fire or explosion or be injurious in
any other way to the POTW or to the operation of the POTW. At
no time shall two (2) successive readings on any explosion hazard
meter, at the point of discharge into the system (or at any point
in the system), be more than five percent (5%) nor any single
reading over ten percent (10 %) of the Lower Explosive Limit
(LEL) of the meter. Fire or explosion hazard may also be
determined using flash point concentration, by closed cup method
as specified in 40 CFR 261.21. The flashpoint shall not be less
than sixty degrees (60°) centigrade or one hundred forty degrees
(140°) Fahrenheit.
c. Solid or viscous substances which may cause obstruction to the
flow in a sewer or other interference with the operation of the
wastewater treatment facilities such as, but not limited to:
grease, garbage with particles greater than one-half inch (1/2") in
any dimension, animal guts or tissues, paunch manure , bones,
hair, hides or fleshings , entrails, whole blood, feathers, ashes,
cinders , sand, spent lime , stone or marble dust, metal, straw ,
shavings , grass clippings, rags, spent grains, spent hops, waste
paper, wood , plastics, gas , tar, asphalt residues, residues from
refining or processing of fuel or lubricating oil, mud or glass,
grinding or polishing wastes, and other like or similar materials.
d. Any wastewater having a pH less than 5.0 or more than 10.0
unless the POTW is specifically designed to accommodate any
such wastewater, or wastewater having any other corrosive
property capable of causing damage or hazard to structures,
equipment, and/or personnel of the POTW; except that waivers
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may be granted for continuous flow discharges which are
monitored continuously by automatic monitoring equipment. Such
waivers may be applied to pH excursions which are above 10 pH
units as set forth in the Littleton/Englewood wastewater
treatment plant policy for pH effluent limitations under
continuous monitoring or grab sample monitoring for continuous
discharges. Such waivers must also be in compliance with all
Federal regulations and guidelines.
Any wastewater containing toxic pollutants in sufficient quantity,
either singly or by interaction with other pollutants, to injure or
interfere with any wastewater treatment process , constitute a
hazard to humans or animals, create a toxic effect in the receiving
waters of the POTW, to contaminate the sludge of any POTW
systems, or to exceed the limitation set forth in a Categorical
Pretreatment Standard. A toxic pollutant shall include, but not
be limited to , any pollutant identified pursuant to section 307(a)
of the Act .
Any noxious or malodorous liquids , gases, or solids which either
singly or by interaction with other wastes are sufficient to prevent
entry into the sewers for their maintenance and repair.
Any substance which may cause the POTW's effluent or any
other product of the POTW, such as residues, sludges , or scums ,
to be unsuitable for reclamation and reuse or to interfere with the
reclamation process where the POTW is pursuing a reuse and
reclamation program . In no case shall a substance discharged to
the POTW cause the POTW to be in noncompliance with the
sludge use or disposal criteria, guidelines, or regulations affecting
sludge use or disposal.
Any substance which will cause the POTW to violate its NPDES
permit or the receiving water quality standards .
Any wastewater with objectionable color not removable in the
treatment process , such as , but not limited to, dye wastes and
vegetable tanning solutions .
Any pollutants , including oxygen demanding pollutants (BOD,
etc.) which a user knows or has reason to know will cause
interference to the POTW . In no case shall a slug load have a
flow rate or contain concentrations or quantities of pollutants
that exceed for any time period longer than fifteen (15) minutes
more than five (5) times the average twenty-four (24) hour
concentration, quantities , or flow during normal operation.
Any wastewater containing any radioactive wastes or isotopes of
such half-life concentration as may exceed limits established by
the Director CITY MANAGER OR HIS/HER DESIGNEE in
compliance with applicable State Rules and Regulations
Pertaining to Radiological Control, published by the Colorado
Department of Health, State of Colorado.
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1. Any wastewater which causes a hazard to human life or creates • a public nuisance and is not contained in the wastewater system.
m. Any wastewater having a temperature which will cause the
temperature of the influent to the wastewater treatment plant to
exceed one hundred four degrees (104°) Fahrenheit or forty
degrees (40°) centigrade and/or inhibit the biological activity in
the POTW.
n . Any water or waste which contains grease or oil or any other
substances that will solidify or become discernibly viscous at
temperatures between thirty-two degrees (32°) Fahrenheit (0° C .)
and one hundred fifty degrees (150°) Fahrenheit (65.5° C.).
0. Any water or waste containing free or floating oil and grease, or
any discharge containing animal fat or grease by-product in
excess of 200 mg/l.
p . Petroleum oil , nonbiodegradable cutting oil or products of mineral
oil origin in amounts that will cause interference or pass through.
q. Wastes from septic tank pumpage or vaults except at locations
permitted by the Director of Wastewater T1·eatment CITY.
r . Waters containing garbage that has not been ground or
comminuted to such a degree that all particles will be carried
freely in suspension under conditions normally prevailing in • public sewers. Solid particles shall be no more than one-half inch
(W') in any dimension.
s. Unusual concentrations of dissolved solids .
t. Any wastewater containing BOD , COD , total solids , or
suspended solids of such character and quantity that unusual
attention or expense is required to handle such materials at the
wastewater treatment plant; provided, however, that a user may
be permitted by specific, written agreement with the POTW
which agreement to discharge such BOD, COD or TSS may
provide for special charges , surcharges , payments or provisions
for treating and testing equipment.
u. Ammonia nitrogen or substances readily converted thereto, in
amounts that would cause the POTW to fail to comply with its
NPDES permit.
V. POLLUTANTS WHICH RESULT IN THE PRESENCE OF
TOXIC GASES , VAPORS OR FUMES WITHIN THE POTWIN A
QUANTITY THAT MAY CAUSE ACUTE WORKER HEALTH
AND SAFETY PROBLEMS.
2 . Any material or substance not specifically mentioned in this Section
which in itself is corrosive, irritating, or noxious to human beings and • animals , or which by interaction with other water or waste in the
public sewer system could produce undesirable effects or create any
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other condition deleterious to structures, treatment processes, and
quantity of the receiving stream, is illegal.
Any material or substance entering into the public sewer which
interferes with the treatment process even if it is within the
concentration limitations stated in Section 12-2-7 may be prohibited
upon written order by the Directer CITY MANAGER OR HIS/HER
DESIGNEE.
D. Federal Categorical Pretreatment Standards: Upon the promulgation of the
Federal Categorical Pretreatment Standard for a particular industrial
subcategory, the Federal Standard, if more stringent than limitations
imposed herein for sources in that subcategory, shall immediately supersede
the limitations imposed herein. The Directer CITY shall notify all affected
users of the applicable reporting requirements.
E. Specific Pollutant Limitations: It is unlawful for any p e:·son to discharge
wastewater containing pollutants in excess of the limitations on discharge ,
as set forth in Section 12-2-7 .
F. State Requirements: State requirements and limitations on discharges shall
apply in any case where they are more stringent than Federal requirements
and limitations or those contained herein.
G. POTW's Right of Revision: The City can establish by ordinance more
stringent limitations or requirements on discharges to the POTW if deemed
necessary to comply with the objectives presented in subsection 12-2-lC of
this Chapter.
H . Excessive Discharge . It is unlawful for any user to increase the use of process
water or in any way attempt to dilute a discharge as a partial or complete
substitute for adequate treatment to achieve compliance with any applicable
limitations.
I. Accidental Discharges . Each user shall provide protection from accidental
discharge of prohibite d materials or other substances regulated herein.
Facilities to prevent accidental discharge of prohibited materials shall be
provided and maintained at the user's own cost and expense . In the case of
an accidental discharge , it is the responsibility of the user to immediately
notify the Directer CITY and the POTW of the incident. If the discharge
occurs to the portion of the POTW which ultimately discharges to the Metro
treatment plant, Metro must also be notified immediately. The notification
shall include location of discharge, type of waste , concentration, volume , and
corrective actions. Within five (5 ) days following an accidental discharge, the
user shall submit to the Directer CITY a detailed written report describing
the cause of the discharge and the measures to be taken by the user to
prevent similar future occurrences. Such notification shall not relieve the user
of any expense , lo s s , damage , or other liability which may be incurred as a
result of damage to the POTW, fish kills , or any other damage to persons or
property, and such user shall be liable therefor, nor shall such notification
relieve the user of any fines, civil penalties , or other liability which may be
imposed by this Chapter or other applicable law. Failure to report accidental
discharges may, in addition to any other remedies, result in the revocation of
the discharger's wastewater discharge permit. If the POTW is fined by the
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State or Federal government for violation of the POTW's NPDES permit or
violation of Water Quality Standards as the result of a spill or intentional
slug discharge of a toxic pollutant, then the fine , including all POTW legal,
sampling, analytical testing costs and any other related costs shall be
charged to the responsible user.
Notice to Employees. A notice shall be permanently posted on the
user's bulletin board or other prominent place advising employees
whom to call in the event of an accidental discharge. Employers shall
insure that all employees who may observe , cause or suffer such an
accidental discharge to occur are advised of the emergency notification
procedure.
J. Discontinuance of Privy Vaults, Cesspools, Septic Tanks and Outhouses.
1. Connection Required. All improvements now using privies , vaults,
outside toilets , cesspools , septic tanks, grease traps, leach fields or
other sewage disposal facilities in the City, or hereafter in the City,
shall be connected with the public sewer lines of the City or any
sanitation district in the City, provided such public sewer line has been
brought within four hundred feet (400') of any part of such dwelling or
improvement requiring sewage disposal service , and provided that such
connection shall only be required when such privies, vaults, outside
toilets, cesspools , septic tanks, grease traps , leach fields or other
sewage disposal facilities fail to function properly so that they have to
be repaired so as to make them usable.
2. Abandonment of Privies, Cesspools, Septic Tanks. All outside toilets,
privies, vaults , cesspools, septic tanks, grease traps and leach fields
now existing in the City where any part of the dwelling or improvement
is located within four hundred feet (400') of a public sewerage line of the
City, or of a sanitation district of the City shall be abandoned and no
longer used, in the event that any one of such items shall be
overflowing, full or not functioning properly, so that it has to be
repaired, in which event the owner of such premises shall immediately
make arrangements to connect the improvements using such facilities
and such connection shall be made within sixty (60) days by owner at
owner's expense .
3. The contents of privy vaults, septic tanks , cesspools, or outhouses
within the limits of the City shall not be removed therefrom, nor shall
the same be transported through any street, alley or public place within
the City, except in a sanitary manner, through or by means of airtight
tanks , if soft and mixed with matter, and if solid or dry, in tight covered
tanks in such manner as shall prevent the escape of any noxious gases
or offensive odors and preserve such contents from sight or exposure
during cleaning, and such removal shall be kept and maintained in
sanitary condition and shall be subject to inspection by the Department
of Health of the County.
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K. New Construction.
1. Connection With City Sewer Line Required. All new construction of
dwellings and improvements requiring sewer disposal service in the
City shall connect such dwelling or improvement with the sewer line of
the City or such sanitation district.
2. Use of Temporary Toilet Facilities During Construction. During the
construction of any dwellings and improvements, temporary toilet
facilities may be used in accordance with the regulations of the
Tri-County Health Department or of the State Board of Health, and as
soon as such dwelling or improvement is connected to the public
sewers , such use shall be abandoned and all evidence of such use
properly covered or disposed of.
L. Manhole Covers. No person shall open any sewer manhole without the
permission of the Direeter ef Utilities CITY.
M. Special Agreements and Contracts . No statement contained in this Section
shall be construed as prohibiting special written agreements between the
POTW and any other person allowing industrial waste of unusual strength
or character to be admitted to the POTW from any part or parts of such
POTW, or person or persons living outside the boundaries of the POTW,
upon such terms and conditions and for such periods of time as may be
deemed reasonable. However, no such agreement with a categorical user
shall allow standards less stringent than the applicable National
Categorical Pretreatment Standard.
N . Prohibited Connections. It is unlawful for any person, corporation, or
other business entity, either in person or through an agent, employee,
or contractor to make , allow or cause to be made any connection to the
POTW for the purpose of servicing property outside the boundaries of
the POTW, except upon recommendation of the Directer ef Utilities
CITY MANAGER OR HIS/HER DESIGNEE and the approval of the
City Council.
0. Private Wastewater Disposal.
1. Private Disposal.
a. Prior to commencement of construction of a private wastewater
disposal system , the owner or his agent shall first obtain written
permission from the Tri Geunty Health CITY MANAGER OR HIS/HER
DESIGNEE for submission to the Di:reeter ef Utilities HEALTH
DEPARTMENT .
b . The applications for the permitS required by IN Section 12-2-5 shall
MEET ALL FEDERAL, STATE AND LOCAL REQUIREMENTS . -be
made en tt ferm furnished by the Tri Geunty Health Department vthieh
the ttpplirnnt shall supplement by any plans , speeifietttiens and ether
infei·matien tts is deemed neeessttry by the Tri Geunty Health
Department.
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2.
c. The owner or his agent shall operate and maintain the private
wastewater disposal facilities at his sole expense and in compliance
with all Federal, State , and local laws, rules and regulations.
d. No statement contained in this Section shall be construed to interfere
with any additional requirements which may be imposed by the Health
Department or Directol" of Utilities THE CITY.
e. The type , capacity, location, and layout of an individual wastewater
disposal system shall comply with all standards of the Tri County
Health Department. No permit shall be issued for any individual
wastewater disposal system employing subsurface soil absorption
facilities where the area of the lot does not meet the regulations
imposed by the Health Department and in no event where the area of
the lot is less than fifteen thousand (15,000) square feet .
f. The Tri County Health Department shall be allowed to inspect the
work under this division at any stage of construction; and, in any
event, the applicant for the permit shall notify the Tl"i County Health
Department when the work is ready for final inspection and before any
underground portions are covered. The inspection shall be made within
forty eight ( 48) hours of the notice by the Direetol" of Utilities CITY,
exclusive of Saturdays, Sundays and legal holidays .
Wastewater or Septic Tank Haulers. Wastewater or septic tank haulers
shall not discharge any waste within the corporate boundaries of the City
except at discharge points designated by the Director CITY MANAGER OR
HIS/HER DESIGNEE . All permitted discharges shall comply with the terms
of the septic hauler permit agreement. All violators are subject to the legal
liabilities and penalties provided in this Chapter.
P. Limits on Metro District Authority . Any authority or rights granted to Metro
District by this Chapter shall only apply to those areas of the Englewood
sewer service area receiving sewer service from Metro District.
Q. Industrial Permits . All significant industrial users must obtain a
wastewater contribution permit. Any user violating any term or condition of
the wastewater discharge permit, can be subject to enforcement action set
forth in Section 12-2-6 of this Chapter.
R. Compliance Schedule. A compliance schedule may be included as a part of
the wastewater contribution permit. All compliance dates, reporting
requirements and other terms of the schedule must be met by the user.
S. Reporting. Violation of any reporting requirements of this Chapter by any
user, including but not limited to the requirements of the wastewater
contribution permit can result in enforcement action being taken under the
provisions of Section 12 -2-6 of this Chapter.
12-2-3: FEES AND CHARGES:
A. Purpose . It is the purpose of this Section to provide for the payment of all
POTW costs , including Utilities Department costs and Department of
Wastewater Treatment costs . The total annual cost of operation and
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B.
maintenance shall include, but need not be limited to, labor, repairs,
equipment replacement, maintenance, necessary modifications, power,
sampling, laboratory testing and a reasonable contingency fund. The charges
will be based upon the quality and quantity of user's wastewater, and also
upon the Department of Utilities and Department of Wastewater Treatment
capital and operating costs to intercept, treat, and dispose of wastewater.
The applicable charges shall be as set forth herein.
General. There is hereby levied and charged on each lot, parcel of land and
premises served by or having sewer connection with the sanitary sewer of the
City or otherwise discharging sanitary sewage, industrial wastes or other
liquids, either directly or indirectly, into the City sanitary sewer system an
annual service charge which shall be computed and payable as follows:
1. The charge for sewage treatment shall be based on the gallonage of
water delivered to the premises during the appropriate water meter
reading period falling between November 1 and April 30 . This
gallonage converted to an annual equivalent and multiplied by the
annual rate per one thousand (1 ,000) gallons provides the annual
treatment charge .
2. A charge for sewer collection system maintenance shall be established
annually by action of the City Council where premises are served by the
City collection system. Where the City does not own and maintain the
collection system, the City will collect charges for maintenance of same
only when authorized by the terms of contract between the City and
the sanitation district.
3. Where water usage information is not available, sewage service
charges shall be computed using the current rate per one thousand
(1,000) gallons and based on the following normal usage by class, as
follows:
2 3 12
Months Months Months
a . Single-family dwellings 14 21 83
b. Multi-family dwelling units 9 13 52
c. Mobile home units 5 8 52
d . Commercial (by meter
size/capacity)
5/s inch 19 29 116
3/4 inch 29 44 176
1 inch 49 73 292
1 1/2 inches 97 146 584
2 inches 156 234 936
3 inches 311 467 1 ,868
4 inches 487 730 2,920
6 inches 973 1,460 5 ,840
Normal usage by class will be checked by tabulation and averaging at least
every five (5) years to detect and adjust for changes in patterns of water
usage.
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4. The minimum charge per year for sewage treatment service , by
customer class , shall be a percentage of flat rate charge , this amount
representing the fixed portion of operation and maintenance (0 & M)
costs.
5 . Outside City customers will be charged one hundred five percent
(105 %) of the amount charged inside City customers for similar service
to compensate for additional infiltration from the longer interceptor
lines . This factor has been included in the flat rate and minimum rate
tables in subsection BS below .
6. Charges for service to customers inside the City limits shall be billed in
quarter-annual installments in advance. Charges for sewer only service
outside the City may, at the discretion of the Direeto:r of Fina:neial
Se:rviees CITY MANAGER OR HIS/HER DESIGNEE , be billed annually
where this would not conflict with special provisions of a connector's
agreement. All bills are due and payable as of the billing date and
become delinquent thirty (30) days after the billing date.
7. User charges shall be reviewed annually and revised periodically to
reflect actual treatment works 0 & M costs .
8 . The following rates shall become effective upon passage of this
Ordinance:
Rate Sche dule :
Rate Per 1,000 Gallons
Sewage Treatment Charge .8374
Collection System Charge .1114
TOTAL .9488
SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV
In City In City Outside City Outside City
Customer City Sewers District Sewers District Sewe rs District Sewers
~ Bille d Quarterly Billed Quart erlv Billed Annually Billed Quarte rly
Flat Flat Flat Flat
Rate Min. R ate Min. Rate Min. Rate Min.
Single-
faro .
dwg . 19 .95 18 .15 17.60 16 .00 73 .80 67 .20 18 .45 16 .80
Multi-faro .
unit 12 .35 11 .25 10 .90 9 .90 45 .80 41.60 11.45 10.40
Mobile
home 7 .60 6 .90 6.70 6 .10 28 .20 25 .60 7 .05 6.40
Com . &
Ind. (b y
meter
size)
5/s" 27 .50 25 .05 24 .30 22 .10 102.00 92 .80 25 .50 23.20
3/4 " 4 1.75 38.00 36.85 33 .55 154.80 140 .80 38 .70 35.20
l " 69.25 6 3.00 61.15 55 .6 5 256 .80 233 .60 64.20 58 .40
11/2" 138.50 126 .05 122 .25 111 .25 513 .60 467 .20 128.40 116 .80
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2" 222 .00 202.05 195 .95 178.30 823.00 749.00 205 .75 187 .25
3" 443 .10 403.20 391.10 355 .85 1642.40 1494.80 410.60 373.70
4" 692 .60 630.30 611.30 556 .30 2567.40 2336.40 641.85 584.10
6" 1385 .25 1260.60 1222.60 1112.55 5135.00 4672.80 1283.75 1168.20
8" 2201.10 2003 .00 1936.95 1762 .60 8159.75 7425.35 2039.90 1856.35
10" 3164.10 2879.35 2784.45 2533.80 11729.70 10674.00 2932.40 2668.55
Minimum charges both inside and outside the City are ninety-one percent
(91 %) flat rate charge for the customer class involved
C. Special Cases:
1.
2.
3 .
4.
Schools operating on a nine (9) month school year shall be billed
seventy-six percent (76%) of the charges which would normally accrue
for similar usage by a residential customer.
Industries , car washes and other establishments where summer
irrigation water is not s ignificant or where seasonal business
fluctuations are more significant than irrigation usage shall be billed
based on annual rather than winter period water usage.
Customers with delivery flow characteristics significantly different from
those of a single-family dwelling shall pay an additional readiness to
serve fee based on the following formula:
R-V (.91 x NW) where:
365
R
.91
NW
365
v
=
=
=
Annual delivery flow rate characteristics charge
Readiness to serve portion of 0 & M costs
Customer's annual nonworking days
Number of days in calendar year
Annual volume charge for wastewater treatment
Other Cases: Where the procedures above are not applicable , or when
application of same would work an obvious and significant injustice to
the customer, a rate shall be established by the Director CITY
MANAGER OR HIS/HER DESIGNEE based on reasonable estimates
of projected flow .
D. If any water or wastes are discharged, or are proposed to be discharged to the
public sewers, which waters contain the substances or possess the
characteristics enumerated in subsection 12-2-2B above and, in the judgment
of the Direetor of Utilities CITY MANAGER OR HIS/HER DESIGNEE, may
have a deleterious effect upon the sewage works , processes, equipment or
receiving waters , or which otherwise create a hazard to life or constitute a
public nuisance, the Director CITY MANAGER OR HIS/HER DESIGNEE shall
also charge the following fees and take such enforcement action in accordance
with Section 12-2-6 of this Chapter as the Director CITY MANAGER OR
HIS/HER DESIGNEE deems advisable .
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Require payment to cover the added cost surcharge of handling and treating
the wastes considered as "industrial wastes", by imposing the following
formula:
SC
SC
Q
8 .34
UCo
(i)
(ii)
AOD
COD
Q x 8.34 [UCo (AOD) + UCs (SS 300)]
annual surcharge in dollars and cents
volume of sewage discharged to the
public sewer in million gallons per year
conversion factor; 1 gallon of water to pounds
unit charge for AOD in dollars per pound
If QQD. is less than 3 .0, then AOD=(BODs -200 mg/l)
BODs
If QQD. is greater than 3.0, then AOD=(COD-500 mg/l)
BODs
Additional Oxygen Demand strength index in milligrams
per liter
Chemical oxygen demand strength index in
milligrams per liter
BOD s 5 day biochemical oxygen demand strength index
UCs
SS
200
300 =
500
in milligrams per liter
unit charge for SS in dollars per pound ($0 .0324)
suspended solids strength index in milligrams per liter
normal BODs strength in milligrams per liter
normal SS strength in milligrams per liter
normal COD strength in milligrams per liter
The application of the above formula provides for a surcharge for BOD, COD
and for SS. If the strength index of BOD , COD or SS is less than the base
number that is being subtracted from it, then there shall be no surcharge for
that particular category, nor shall there be a credit given to the total
surcharge.
E. Industrial Cost Recovery (ICR):
1. Industries affected shall be those identified in the Standard Industrial
Classification Manual, (SICM) 1972 as revised, divisions A through I ,
with the specific exception of those industries which discharge only
nonprocess, segregated domestic wastes or wastes from sanitary
conveniences . Affected industries will be classified as follows :
a. Significant industrial users shall be monitored to determine
strength levels. This shall be accomplished according to a
pretreatment program established by the Director of Utilities
CITY and approved by the Dil'eetor of Vlaste-.vater Treatment
CITY MANAGER OR HIS/HER DESIGNEE. The results of
sampling and analysis will be recorded in the utilities office,
reported to the affected industry and reported to regulatory
agencies per this current directive.
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b. Payment rates shall be computed for ICR customers based on the
following basic capital costs of the Bi-City plant:
Q (Volume): $460.12/1,000 gallon day of capacity
BOD: 30.47/pound day of capacity
SS: 35 .04/pound day of capacity
2 . Specific individual rates will be calculated based on the volume
strength and rate of flow in accordance with current Federal guidelines.
Adjustments to individual rates will be made annually or more
frequently, whenever evidence is received that a major change in
wastewater volume and/or characteristics has occurred . Payment
will commence within one year of the date of initiation of service
through the Bi-City plant.
F. Restoration Of S ervice: Sewer service shall not be restored until all charges ,
including the expense of termination and charge for restoration of service, have
been paid.
G. Collection Proce dures:
1. Charges Responsibility Of Owner: All fees and charges shall be
chargeable against and payable to the owner of the premises receiving
sewer service .
2. Periodic Billing Statements:
a. The City shall cause billings for wastewater treatment and/or
water charges to be rendered periodically at rates established.
b. Billings for charges and any other notices shall be effective upon
mailing said billing or notice to the last known address of the user
as shown on City records.
c. The service charges provided in this Chapter shall be billed and
paid in full within thirty (30) days from date of billing. No partial
payme nts shall be accepted .
d . If sewer rates are changed or users institute or terminate service
other than on e s tablished billing dates , the bill shall be prorated.
H . Delinquency And Collection:
1. Fees and charges levied in accordance with this Chapter shall be paid
within thirty (30) days from the date of billing to the City. If the bill is not
paid within ninety (90) days after billing, it shall be deemed delinquent,
whereupon a twenty-five percent (25%) surcharge may be imposed for
collection services.
2. Nonpayment. All sewer charges and surcharges, including, but not limited
to , collection charges, pretreatment charges, monitoring charges, shall be
a lien upon the property to which sewers are connected from the date said
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charges become due until said charges are paid. The owner of every
structure or premises shall be liable for all sewer charges for users on his
premises, which lien of liability may be enforced by the City by action at
law to enforce the lien. In case the tenant in possession of any premises
shall pay the sewer charges, it shall relieve the landowner from such
obligations and lien, but the City shall not be required to seek payment
from any person whomsoever other than the owner for the payment of
sewer charges. No change of ownership or occupation shall affect the
application of this subsection, and the failure of any owner to discover
that he purchased property against which a lien for sewer service exists
shall in no way affect his liability for such payment in full. Said
delinquent payments, and the lien created thereby, shall be enforced by
assessment upon the property and premises so served and certification
thereof to the County Treasurer for the collection under and in pursuance
as provided for in this Code .
3 . In the event that any sewer charges or surcharges, including, but not
limited to , collection charges, pretreatment charges, monitoring charges
or sewer tap fees , must be certified to a county for collection as a
delinquent account, a fee equal to double the amount owed shall be
certified and collected.
I. Disconnection Clause.
1. The City may disconnect within the City or contract areas served by the
City for accounts delinquent more than ninety (90) days. Notice sh all be
given to last known address of user or owner thirty (30) days prior to
disconnection . All costs of disconnection shall be repaid at the time of
reconnection .
2. When the premises to which such service is provided are located without
the limits of the City, failure to pay the rates and charges for treatment
and disposal of sanitary sewage when due shall be cause for the City
Clerk to certify to the county commissioners of the county in which said
delinquent user's property is located the charges due and unpaid, on or
before November 1 of each year, and thereupon and until paid, the same
shall be a lien upon the real property so served by said sewerage system
and shall be levied, certified, received or collected by sale annually from
year to year by the proper county officials as are general taxes, and the
proceeds therefrom remitted to the City of Englewood; provided, that if
the premises are supplied with City water services, such service may be
shut off until such rates and charges for treatment and disposal of
sanitary sewage shall have been paid.
12-2 -4: PRIVATE SEWERS, CONNECTIONS AND REPAIRS :
A. Buildings to Have Separate Connections. Each building shall be served by its
own sewer service line , and no connection shall be made by extending the
service from one property to another property. Each separate building in a
planned unit development shall have a separate sewer service line.
B. Old Private Sewers. Old private sewers may be used in connection with new
buildings only when they are found to meet all requirements herein and
solely at the risk of the user; otherwise, old private sewers shall be plugged
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C.
D .
E.
at the user's expense upon discontinuance of service. The plug in the old
private sewer must be inspected and approved and a plan review and
inspection fee will be charged by the City.
Design and Construction. The size, slope, alignment, and materials of
construction of a private sewer, and the methods to be used in excavating,
placing of pipe , jointing, testing, and backfilling the trench and all other work
shall conform to the requirements of the Building and Plumbing Code or
other applicable codes, laws , rules and regulations of Federal, State, and
local entities.
Private Sewer Elevation. In all structures where the elevation is too low to
permit gravity flow to the public sewer , sanitary sewage discharge from such
structure shall be lifted and discharged to the sewer by a City and
Tri-County Health Department approved facility which shall be operated and
maintained by the user .
Installation and Maintenance. All costs and expenses incidental to the
installation and connection of the private sewer shall be borne by the
applicant who shall retain or employ a licensed sewer contractor or plumber
to make connection to and install a sewer.
The service line from the public sewer main line to the structure to be served
shall be installed by the property owner at his/her expense. The owner shall
hold the City harmless for any loss or damage that may directly or indirectly
be occasioned by the installation of the service line or the malfunction of any
old private sewer .
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
be served. The owner shall keep the service line for which he/she is
responsible in good condition and shall replace at his/her expense any
portions thereof which, in the opinion of the Dil'ectof' of Utilities CITY
MANAGER OR HIS/HER DESIGNEE , have become damaged or
disintegrated as to be unfit for further use, or is in such condition to permit
infiltration into the system. All repairs shall be completed within thirty (30)
days after notification and shall be completed by a bonded contractor. The
owner shall be responsible for returning the public right of way and the
street to acceptable City standards .
F . Oil And Grease Interceptor Installation:
1. Grease Interceptor Installation Criteria: Grease trap interceptors are
required for all facilities used and operated regularly for the sale of
prepared food , including but not limited to restaurants , cafes , fast food
outlets, pizza outlets , delicatessens, sandwich shops and any and all
other kinds and types of food vending establishments in which any food
preparation (including heating 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
space in a building or structure that is occupied by other businesses , as
well as schools , churches , boarding houses with communal kitchen
facilities , nursing homes, and day care centers which have kitchens and
engage in the preparation of food. In addition, meat cutting facilities
35
and others capable of discharging significant amounts of grease into
the POTW shall be required to install grease interceptors. !Fhe
exeeption shall be those faeilities gran ted a varianee by the Direetor of
Utilities 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 generated by a residential dwelling.
2. VARIANCES: EXCEPTIONS MAY BE MADE BY THE CITY
MANAGER OR HIS/HER DESIGNEE BY GRANTING A WRITTEN
VARIANCE. THE WATER AND SEWER BOARD SHALL HAVE
AUTHORITY TO OVERRIDE ANY DECISION MADE BY THE CITY
MANAGER OR HIS/HER DESIGNEE IN THIS CASE.
Q-. 3. Grease Interceptor Sizing Criteria: The Direetor of Utilities CITY shall
promulgate rules , regulations and criteria for grease interceptor sizing.
3-. 4. Inspection Of Grease Interceptors: The Direetor of Utilities CITY
MANAGER OR HIS/HER DESIGNEE shall establish an inspection
program for grease interceptors. The Director of Utilities CITY shall
develop rules and regulations to inventory all grease interceptors and
document the inspections of these interceptors.
4. 5. Grease Interceptor Pumping 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
Direetor of Utilities CITY.
&. 6. Biological Treatment: Biological treatment shall not be a substitute for
the pumping of the grease interceptor.
&. 7. Existing Sources Not Connected To Grease Interceptors: Existing
sources not connected to grease interceptors and which contribute
significant amounts shall be identified through inspection of the
collection systems. Once these sources are identified, they will be
required to implement best management practices (BMP's) to keep oil
and grease out of the POTW. The Director of Utilities CITY shall
promulgate rules, regulations and criteria for BMP's.
If the BMP's are not successful at the facility and the facility continues
to contribute significant 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 grease interceptor .
!:/-. 8 . Right Of Entry: Whenever it is necessary to make an inspection to
enforce any provisions of this Section, or whenever the Direetor CITY
MANAGER or his/her designee believes that there exists in any
premises subject to this Section any condition or violation with regard
to the use and maintenance of oil and grease interceptors, the Direetor
Of Utilities CITY MANAGER or his/her designee may enter such
premises to inspect the same provided that he/she shall first present
proper credentials and request and be granted entry, or otherwise have
grounds for a search warrant exception as may be authorized by law. If
requested entry be refused, the Direetor of Utilities CITY MANAGER or
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his/her designee shall have recourse 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.
Permit Required: Before commencement of construction of a private sewage
disposal system , the owner shall first obtain a written permit signed by the
Director of Utilities CITY MANAGER OR HIS/HER DESIGNEE.
Connection Requirement:
1. The applicant for the private sewer permit shall notify the Dil·ector of
Utilities CITY when the private sewer is ready for inspection and
connection to the public sewer. The applicant must have secured a
permit and have met all City requirements. The connection shall be
made under the supervision of the Director of Utilities or his/her
represen.tative CITY MANAGER OR HIS/HER DESIGNEE.
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 connect 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) days after notice from the Director CITY is
served on the owner of the property affected ; provided, however, that in
the event compliance with this subsection causes severe economic
hardship to said person, he/she may apply to the City for exemption
from this subsection. Such applications shall state in detail the
circumstances which are claimed to cause such economic hardship .
Such exemptions shall only be granted to residential users , shall not
apply to other users, and shall b e granted only for such time as the
demonstrated hardship exists.
Service s hall be considered complete upon delivery of the notice to the
owner of the property or by posting a copy of the notice on the property
in question in a conspicuous place and by mailing a copy of such notice ,
registered mail, to the record owner of the property as disclosed and at
the address shown in the current records of the Arapahoe County
Assessor.
3. If a public sewer is not available within four hundred feet ( 400') of the
property line of the property upon which a house or building is located,
a private sewage disposal system constructed in accordance with
applicable regulations of the Health Department shall be utilized to
dispose of sewage .
4 . In cases where a public sewer was not previously available within four
hundred feet (400') of the property line of a property but a public sewer
later becomes available within such distance , the owner may be
required to connect with the public sewer as provided in subsection H2
above. In such event, after the connection is completed, the private
sewage disposal system shall be emptied, cleaned and filled with sand
or dirt .
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5. It shall be unlawful for any person to deposit or discharge, or to cause
to be deposited or discharged, to any wastewater collection facilities
any solid or liquid waste unless through a connection approved by the
City.
I. Damage To POTW: Any person who maliciously, willfully , or negligently
breaks, damages , destroys , uncovers, defaces , or tampers with any structure ,
appurtenance or equipment which is part of the POTW shall be subject to
such action and penalty as provided in Section 12-2-6 of this Chapter.
J . Septic Waste Fees And Charges: The wastewater or septic tank waste
hauler permit fee shall be one hundred dollars ($100 .00). User charge for
disposal of hauled wastewater or septage shall be six cents ($0.06) per
gallon.
12-2-5: INDUSTRIAL WASTEWATER DISCHARGE PERMITS :
A . Wastewater Discharger.
1. There shall be no discharge of wastewater into the POTW, or in any
area under the jurisdiction of said POTW, without a wastewater
discharge permit (except as authorized by the Direetof' CITY
MANAGER OR HIS/HER DESIGNEE in accordance with the provisions
hereof).
2. Permit Issuance. The Dif'eetof' CITY MANAGER OR HIS/HER
DESIGNEE shall issue a wastewater discharge permit to the applicant
if he finds that all of the following conditions are met:
a. Application for permits shall be made upon written forms
prepared by the Direetof' CITY MANAGER OR HIS/HER
DESIGNEE and shall contain, in addition to other items:
(1) Name and address of user.
(2) Name and address of corporate agents for service if the
applicant is a corporation .
(3 ) Printed name , signatures, date of birth, and position of
pers on signing the permit for the user.
(4) Not later than three (3) business days, the user will notify
the Dii·eetor CITY MANAGER OR HIS/HER DESIGNEE of
the identity and address of changes in the corporate agent
for service for corporations .
(5 ) Not later than three (3) business days, users are required
to notify the Direetof' CITY MANAGER OR HIS/HER
DESIGNEE of changes in the identity, address, date of
birth, and position when the position of the user signatory
to the permit is changed, and not later than two (2) weeks
from such change the permit will be changed by an
addendum to reflect the new signatory.
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b. The proposed new discharge is in compliance with the
prohibitions and limitations of Sections 12-2-2 and 12-2-7 of this
Chapter;
c. The proposed new discharge would permit the normal and
efficient op e ration of the wastewater treatment system; and
d. The proposed new discharge would not result in a violation by
the City or the Metro District of the terms and conditions in its
NPDES permit.
e. Existing discharges may be permitted providing they meet all
requirements of subsections A2a , A2b , A2c and A2d of this
Section, or providing a compliance schedule be issued for bringing
the discharge into compliance with subsections A2a, A2b, A2c
and A2d of this Section.
3. Permit Denial and Appeal.
a. Failure of any applicant to provide the information required in
this subsection A will result in the permit being denied.
b. In the event an application for a wastewater discharge permit is
denied, the Direetor CITY MANAGER OR HIS/HER DESIGNEE
shall notify the applicant in writing of such denial. Such
notification shall state the grounds for denial with that degree of
specificity which will inform the applicant of the measures or
actions which must be taken by the applicant prior to issuance of
a permit.
c. Upon receipt of notification of denial of a permit application, the
applicant may request and shall be granted a hearing to be held
by the Direetor CITY MANAGER OR HIS/HER DESIGNEE. At
such hearing the applicant shall have the burden of establishing
that the conditions set out in this Chapter have been met and
that a permit should be issued. The hearing shall be held within
thirty (30) days of the applicant's request but may be continued
upon a showing of good cause to do so by either the City or the
applicant .
d. Upon review of the evidence by the Director CITY MANAGER OR
HIS/HER DESIGNEE , he shall he shall make findings of fact and
issue an order directing t hat a wastewater discharge permit be
issued, or directing that such permit shall not be issued, or give
such other or further orders and directives as are necessary and
appropriate .
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B. Sewer Tap Permits.
1. A sewer tap permit for a single-family, multi-family, residential, and/or
commercial user shall remain in effect until terminated by the City.
2. All users proposing to connect to the wastewater system shall obtain a
construction permit before connection to and/or discharging to the system.
Users shall complete and file with the Directer ef Utilities CITY
MANAGER OR HIS/HER DESIGNEE an application in the form
prescribed by the Divisions and accompanied by a fee as set forth in
Schedule B. In support of the application, the user shall submit, in units
and terms appropriate for evaluation, the following information:
a . Name, address, location of discharge (if different from the address).
b. SIC number according to the Standard Industrial Classification
Manual, Bureau of the Budget, 1972 , as amended.
c. Time(s) and duration of discharge .
d. Site plans, floor plans , mechanical and plumbing plans and details
to show all sewers , connections, and appurtenances by size ,
location and elevation. If deemed necessary by the City , such plans
shall provide for separate systems for handling sanitary and
industrial wastewater. Nonresidential buildings may be required
to have installed a sewer sampling manhole for City access to its
wastewater being discharged to be installed per City engineering
requirements.
e . Description of activities, facilities and plant processes on the
premises , including all materials which are or could be discharged.
f. Each product produced by type , amount, and rate of production.
g. Number and type of employees and hours of work.
h. Any other information deemed by the Directer ef Utilities CITY
MANAGER OR HIS/HER DESIGNEE to be necessary to evaluate
the permit application.
C. Industrial Permits.
1. The Directer CITY shall require a significant industrial user to obtain an
industrial permit. Proposed new significant industrial users shall apply
at least ninety (90) days prior to connecting to or contributing to the
POTW . Users shall complete and file with the Directer CITY an
application in the form prescribed by the Department and accompanied
by a fee as may be required, containing information, in addition to that
required for a general permit, in units and terms appropriate for
evaluation, as follows:
a . Wastewater Quantity and Quality . Quality characteristics include ,
but are not limited to , those mentioned in Section 12-2-7 of this
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b.
c.
d.
e .
Chapter as determined by a reliable analytical laboratory;
sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to section 304(g) of
the Act and contained in 40 CFR, part 136 , as amended.
Average daily and thirty (30) minute peak wastewater flow rates,
including daily , monthly and seasonal variations, if any.
Where known, the quantity and specific nature of any pollutants in
the discharge which are limited by any pretreatment standards,
and a statement regarding whether or not the pretreatment
standards are being met on a consistent basis, and, if not, whether
additional operation and maintenance and/or additional
pretreatment is required for the user to meet applicable
pretreatment standards .
Written description and diagram of existing pretreatment
equipment, if any, including, but not limited to, treatment
processes , treatment tank dimensions and retention time, chemical
supplies, operating personnel and certification, and plumbing
diagram of treatment system .
Compliance Schedule. If additional pretreatment and/or 0 & M will
be required to meet the pretreatment standards, the schedule by
which the user will provide such additional pretreatment. The
completion date in this schedule shall not be later than the
compliance date established for the application pretreatment
requirements. The following conditions shall apply to this schedule:
(1) The schedule shall contain increments of progress in the form
of dates for the commencement and completion of major
events leading to the construction and operation of additional
pretreatment required for the user to meet the applicable
pretreatment requirements.
(2) No increment referred to in subsection Cle shall exceed nine
(9) months.
f. Any other information deemed by the Directer CITY MANAGER OR
HIS/HER DESIGNEE to be necessary to evaluate the permit
application.
2. Permit Modifications. Upon enactment of an NCPS and within the time
prescribed thereby, the industrial permit of users subject to such
standards shall be revised to require compliance therewith. Where a
user, subject to an NCPS , has not previously submitted an application
for a permit, the user shall apply for a permit within thirty (30) days
after notice of the enactment of the applicable NCPS . The user with an
existing wastewater discharge permit shall submit to the Directer CITY
MANAGER OR HIS/HER DESIGNEE within thirty (30) days after such
notice, the information required pursuant to this subsection. The terms
and conditions of the permit shall be subject to modification by the
Dircctei· CITY MANAGER OR HIS/HER DESIGNEE during the term of
the permit as limitations or requirements are modified or other just
41
cause exists as determined by the Director CITY MANAGER OR
HIS/HER DESIGNEE. Any changes or new conditions in the permit shall
include a reasonable time schedule for compliance, as determined by the
Director CITY MANAGER OR HIS/HER DESIGNEE. In the event the
discharge permit previously granted shall be materially and
substantially changed as determined by the Director CITY MANAGER
OR HIS/HER DESIGNEE, the person previously granted such permit
shall make a new application to the City, in the same manner and form
as originally made.
3. Permit Conditions. Permits shall be expressly subject to all provisions of
this Chapter and all other applicable regulations , user charges and fees
established by the City . Permits may contain, but are not limited to, the
following :
a. The unit charge or schedule of user charges and fees for the
wastewater to be discharged to the system.
b. Limits on the average and maximum mass and/or concentration of
wastewater constituents and characteristics.
c. Limits on average and maximum rate and time of discharge or
requirements for flow regulations and equalizations.
d. Requirements for installation and maintenance of inspection and
sampling facilities.
e. Specifications for monitoring programs which may include sampling
locations, frequency of sampling, number, types and standards for
tests and reporting schedule.
f. Compliance Schedules and Reporting Requirements . Not later than
fourteen (14) days following each date in the schedule and the final
date for compliance , the user shall submit a factual progress report
to the Director CITY including as a minimum, whether or not the
user complied with the increment of progress to be met on such
date .
g. Requirements for submission of technical reports or discharge
reports .
h. Requirements for maintaining and retaining plant records relating
to wastewater discharge as specified by the City and affording City
access thereto.
i. Requirements for notification of the City of any new introduction of
wastewater constituents or any substantial change in the volume
or character of the wastewater constituents being introduced into
the wastewater treatment system.
J . Daily average and daily maximum discharge rates, or other
appropriate conditions , when substances subject to limitation and
prohibition are proposed or present in the user's wastewater
discharge.
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Requirements for Notification of Slug Discharges. Evaluate, at least
once every two (2) years, whether each such significant industrial
user needs a plan to control slug discharges . A slug discharge is
any non-routine , episodic nature, including, but not limited to, an
accidental spill or a non-customary batch discharge. The results of
such activities shall be available to the approval authority upon
request. If the POTW decides that a slug control plan is needed,
the plan shall contain, at a minimum , the following elements:
(1) Description of discharge practices, including non-routine batch
discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the POTW of slug
discharges, including any discharge that would violate a
prohibition under 40 CFR 403 .5(B), with procedures for
follow-up written notification within five (5) days ;
( 4) If necessary, procedures to prevent adverse impact from
accidental spills , including inspection and maintenance of
storage areas, handling and transfer of materials, loading
and unloading operations, control of plant site run-off, worker
training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency
response.
Requirements for separate systems to handle sanitary and
industrial wastewater, such that in the event the user's industrial
wastewater is causing or could cause an interference or a potential
interference with the POTW, the industrial wastewater could be
severed, preventing discharge into the POTW and still allowing the
user's sanitary wastewater to discharge into the POTW.
(1) Required When Necessary by Director CITY; Exception.
Grease, oil and sand interceptors shall be provided when, in
the opinion of the Dii·ector CITY MANAGER OR HIS/HER
DESIGNEE, they are necessary for the proper handling of
liquid wastes containing grease in excessive amounts, or any
inflammable wastes, sand and other harmful ingredients ;
except, that such interceptors shall not be required for private
living quarters or dwelling units.
(2) Construction Specifications . Grease and oil interceptors shall
be constructed of impervious materials capable of
withstanding abrupt and extreme changes in temperature .
They shall be of substantial construction, watertight and
equipped with easily removable covers which, when bolted in
place , shall be gastight and watertight. All interceptors shall
be of a type and capacity approved by the Direetor of Utilities
CITY and shall be located so as to readily and easily be
accessible for cleaning and inspection.
43
(3) Maintenance by Owner. Where installed, all grease , oil and
sand interceptors shall be maintained by the owner at his
expense in continuously efficient operation at all times.
n. Other conditions as deemed appropriate by the City.
4. Permit Duration. Permits shall be issued for a specified time period, not
to exceed three (3) years. A permit may be issued for a period less than a
year or may be stated to expire on a specified date. The user shall apply
for permit reissuance a minimum of one hundred and eighty (180) days
prior to the expiration of the user's existing permit. The terms and
conditions of the permit may be subject to modification by the City during
the term of the permit as limitations or requirements are modified or
other just causes exist. The user shall be informed by any proposed
changes in his permit at least thirty (30) days prior to the effective date
of change. Any changes or new conditions in the permit shall include a
reasonable time s chedule for compliance. Any permit may be cancelled or
terminated for failure to comply with the requirements hereof.
5 . P e rmit Transfer Prohibite d. Permits are issued to a specific user for a
sp e cific operation. A permit shall not be sold, traded , assigned,
transferred or sublet.
D . Monitoring Facilities.
1. The industrial user shall provide and operate , at its expense ,
monitoring equipment and facilities sufficient to allow inspection,
sampling and flow measurements of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated
on the industrial user's premises , but the City may , when such a
location would be impractical or cause undue hardship on the
industrial user, allow the facility to be constructed in the public street
or sidewalk area , and located so that it will not be obstructed by
landscaping or parked vehicles. The facility should be capped with a
watertight lid and that facility shall not be located in a street or gutter.
2 . There shall be ample room in or near such monitoring manhole or
facility to allow accurate sampling and preparation of samples for
analysis. The facility , sampling and meas uring equipment shall be
maintained at all times in a safe and p r oper op erating condition at the
expense of the industrial user.
3. Whether constructed on public or private property, the sampling and
monitoring equipment and facilities shall be provided in accordance
with the POTW's requirements and all applicable local construction
standards and specifications. Construction shall be completed within
sixty (60) days following written notification by the Dii·eetor CITY
MANAGER OR HIS/HER DESIGNEE.
4. Whenever required by the Direetor of Utilities CITY MANAGER OR
HIS/HER DESIGNEE , the owner of any property serviced by a private
sewer carrying nonresidential wastewater shall install a monitoring
manhole for each separate discharge in the private sewer in accordance
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with plans and specifications approved by the Division engineer,
installed and maintained at all times at the industrial user's expense ,
which shall have ample room in each sampling chamber to take
accurate flow proportioned composite samples for analysis. The
monitoring manhole shall be safely, easily and independently
accessible to an authorized representative of the POTW at all
reasonable times.
a . Each monitoring manhole shall contain a Palmer-Bowlus flume or
similar device approved by the Directer ef Utilities CITY with a
recording and totalizing register for measurement of the liquid
quantity; or at the discretion of the Directer ef Utilities CITY
MANAGER OR HIS/HER DESIGNEE the metered water supply
to the industrial plan may be used as the liquid quantity, or
where a measurable adjustment agreed to by the Directer ef
Utilities CITY is made in the metered water supply to determine
the liquid waste quantity.
b. Samples shall be taken and properly preserved in accordance
with 40 CFR 136, as amended, and shall be a representative
twenty-four (24) hour sample. Such sampling shall be done as
prescribed by the Directer CITY to ensure representative
quantities for the entire reporting period. Certain pollutant
parameters such as , but not limited to , cyanide, phenol, pH, oil,
grease, and/or chlorine demand which cannot be collected by
using a composite sample may be collected by the use of a "grab"
sample.
c. The frequency of sampling, the monitoring manhole , the metering
device, sampling methods and analysis of samples shall be
subject, at any time, to inspection and verification.
d. All metering and sample collection shall be done by the user, City
or a private entity and at the request of the user or the City,
shall have a split flow sample for optional analysis.
e. The industrial user or an approved private entity is required to
analyze the sample in accordance with the requirements
established in Section 12-2-5G of this Chapter. All testing is at
the expense of the industrial user.
5. The Directer ef Utilities CITY MANAGER OR HIS/HER DESIGNEE may
require that the monitoring facilities be installed in a permanently fixed
above-ground enclosure.
6. Subject to the Dirccter's CITY MANAGER OR HIS/HER DESIGNEE
approval, any user may provide or has the option to contract with the
City or any private entity to provide such service as deemed necessary,
including, but not necessarily limited to, the following:
a. Monitoring facilities
b . Inspection and sampling
45
E.
c. Laboratory analysis
Inspection.
1. The Difeetol" of Utilities CITY MANAGER OR HIS/HER DESIGNEE, ffis.
l"epresentatives , or representatives of the Metro District may inspect the
equipment and facilities of any user at any reasonable time to ascertain
whether the applicable ordinances, rules and regulations are being
complied with. Persons or occupants of premises where wastewater is
created or discharged shall allow the Direetol" CITY MANAGER OR
HIS/HER DESIGNEE, his l"epnsentatives, or representatives of the
Metro District, ready access at all reasonable times to all parts of the
premises for the purpose of inspection, sampling, records examination
and copying, or the performance of other duties. The POTW, Metro
District, State and EPA shall have the right to set up on the user's
property such devices as are necessary to conduct sampling inspection,
compliance monitoring and/or metering operations. Where a user has
security measures in force which would require proper identification and
clearance before entry into their premises, the user shall make necessary
arrangements with their security guards so that upon presentation of
suitable identification, personnel from the POTW, Metro District, State ,
and EPA will be permitted to enter, without delay , for the purposes of
performing their specific responsibilities .
2 . While performing the necessary work on private properties , the Dil"eetol"
CITY MANAGER or duly authorized representative of the City shall
observe all safety rules applicable to the premises established by the
business.
F . Failure to Permit Inspection. In the event a duly authorized representative of
the POTW is refused admission for any purpose , the Dil"eetol" CITY
MANAGER OR HIS/HER DESIGNEE may cause water service to the
premises in question to be discontinued until the POTW representative has
been afforded reasonable access to the premises and sewer system to
accomplish the inspection and/or sampling.
G . Sampling and Analysis . All analyses shall be performed in accordance with
procedures established by the Administrator pursuant to section 304(g) of
the Act and contained in 40 CFR, part 136, and amendments thereto, or
with any other test procedures approved by the Administrator. Sampling and
analysis s hall be performed in accordance with the techni ques approved by
the Administrator.
H. Confidential Information Provisions .
1. Information and data on an industrial user obtained from reports ,
questionnaires , permit applications, permits and monitoring programs
and from inspections shall be available to the public or other
governmental agency without restriction unless the user specifically
r e quests and is able to demonstrate to the satisfaction of the Dil·eetor
of Utilities CITY MANAGER OR HIS/HER DESIGNEE that the release
of such information would divulge information, processes or methods of
production entitled to protection as trade secrets of such user . When
requested by such user furnishing a report, the portions of a report
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2.
which might disclose trade secrets or secret processes shall not be
made available for inspection by the public but shall be made
available upon written request to governmental agencies for uses
related hereto, the NPDES permit, and/or the pretreatment
requirements; provided, however, that such portions of a report shall
be available for use by the State or any State agency in judicial review
or enforcement proceedings involving the user furnishing the report.
Wastewater constituents and characteristics will not be recognized as
confidential information.
All records relating to compliance with pretreatment standards shall
be made available to officials of the Metro District, EPA or the
approval authority upon request.
I. The Metro District shall have full authority to act and perform such functions
as are provided for in article IV of the special connector agreement between
the City and the Metro District.
J. Reporting Requirem ,nts for Industrial Users.
1. Notification Requirements. The Dif'ector CITY shall notify all affected
industrial users of the applicable reporting requirements under 40 CFR,
section 403.12 of the Federal General Pretreatment Regulations for
Existing and New Sources.
2. Baseline Report. Within ninety (90) days after the promulgation date of a
categorical pretreatment standard, all existing industrial users in such
category are required to submit a factual report which contains the
information listed in paragraphs (b) (1)-(7) of section 403.12 of the
Federal General Pretreatment Regulations for Existing and New Sources.
New categorical industrial users are required to submit to the City a
factual report which contains the information listed in paragraphs (b)
(1)-(5) of section 403 .12 of the Federal General Pretreatment Regulations
for Existing and New Sources .
3 . Within ninety (90) days following the date for final compliance with
applicable pretreatment standards or, in the case of a new source ,
following commencement of the introduction of wastewater into the
POTW, any user subject to pretreatment standards and requirements
shall submit to the Director CITY MANAGER OR HIS/HER DESIGNEE
a factual report indicating the nature and concentration of all pollutants
in the discharge from the regulated processes which are limited by
pretreatment standards and requirements, and the average and
maximum daily flow for those process units in the user's facility which
are limited by such pretreatment standards or requirements. The report
shall state whether the applicable pretreatment standards or
requirements are being met on a consistent basis and, if not, what
additional O&M and/or pretreatment is necessary to bring the user into
compliance with the applicable pretreatment standards or requirements.
This statement shall be signed by an authorized representative of the
industrial user and certified to be a qualified professional.
47
4. Periodic Compliance Reports.
a. Any user subject to a pretreatment standard, after the compliance
date of such pretreatment standard, or, in the case of the discharge
into the POTW, shall submit to the Director CITY during the
months of June and December, unless required more frequently in
the pretreatment standard or by the Director CITY MANAGER OR
HIS/HER DESIGNEE, a factual report covering the preceding six (6)
months and indicating the nature and concentration of pollutants
in the effluent which are limited by such pretreatment standards.
In addition, this report shall include a record of average and
maximum daily flows for the reporting period for all regulated
processes. At the discretion of the Director CITY MANAGER OR
HIS/HER DESIGNEE and in consideration of such factors as local
high or low flow rates, holidays , budget cycles, etc., the Director
CITY MANAGER OR HIS/HER DESIGNEE may agree to alter the
months during which the above reports are to be submitted.
b . The Direetm· CITY MANAGER OR HIS/HER DESIGNEE may
impose mass limitations on users where appropriate. In such
cases, the report required by subsection J4a of this Section shall
indicate the mass of pollutants regulated by pretreatment
standards in the effluent of the user. These reports shall contain
the results of sampling and analysis of the discharge , including the
flow and the nature and concentration, or production and mass
where requested by the Director CITY MANAGER OR HIS/HER
DESIGNEE of pollutants contained therein which are limited by
the applicable pretreatment standards. All analyses shall be
performed in accordance with procedures established by the
Administrator pursuant to section 304(g) of the Act and contained
in 40 CFR, part 136 and amendments thereto or with any other
test procedures approved by the Administrator. Sampling shall be
performed in accordance with the techniques approved by the
Administrator.
12-2-6: ENFORCEMENT AND PENALTIES:
A. Requirements for All Reports. All reports required by any order of the
Director CITY, wastewater contribution permits, this Chapter and/or State
or Federal law will be made promptly in accordance with any prescribed time
requirements. Such reports will be complete and thorough, and they will
accurately and truthfully report facts as they exist and any conclusions in
such reports will be responsive to and consistent with the source data in the
report. It is a violation of this Chapter if any such required report is not
submitted or, if submitted, is inaccurate , contains untrue information, or is
not responsive, accurate or truthful in whole or in part. Any act or failure to
act prohibited by this subsection may be deemed to have occurred or to have
been committed at the place at which the report is or should have been
initiated or at the place where the report is or should have been received.
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D .
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Enforcement Authority. The Dil·ector CITY MANAGER OR HIS/HER
DESIGNEE may adopt procedures and rules for the implementation and
administration and shall enforce the provisions contained herein.
Notification of Violation. Whenever the Director CITY MANAGER OR
HIS/HER DESIGNEE finds that any person has violated or is violating this
Chapter, or any prohibition, limitation or requirement contained herein, he
may serve upon such person a written notice stating the nature of the
violation and providing a reasonable time, not to exceed thirty (30) days, for
the satisfactory correction thereof. A meeting with the Director CITY
MANAGER OR HIS/HER DESIGNEE may be scheduled at the request of the
violating person or the Director CITY MANAGER OR HIS/HER DESIGNEE
to discuss the violation and/or a satisfactory correction schedule.
Methods of Notification. Any notification required herein shall be served
either personally or by registered or certified mail.
Suspension of Service. The City may suspend the wastewater treatment
service and/or a wastewater discharge permit when such suspension is
necessary, in the opinion of the Director CITY MANAGER OR HIS/HER
DESIGNEE , in order to stop an actual or threatened discharge which
presents or may present an imminent or substantial endangerment to the
health or welfare of persons , to the environment, causes interference to the
POTW, or causes the POTW or the Metro District to violate any condition of
its NPDES permit .
Any person notified of suspension of the wastewater treatment service and/or
the wastewater discharge permit shall immediately stop or eliminate the
discharge . In the event of a failure of the user to comply voluntarily with the
suspension order, the Director CITY MANAGER OR HIS/HER DESIGNEE
may take such steps as deemed necessary, including immediate severance of
the sewer connection, to prevent or minimize damage to the POTW or
endangerment to any individuals . The Director CITY MANAGER OR
HIS/HER DESIGNEE shall reinstate the wastewater discharge permit
and/or the wastewater treatment service upon proof of the elimination of the
noncomplying discharge . The user shall pay all POTW costs and expenses for
any such suspension and restoration of service. A detailed written statement
submitted by the user describing the causes of the harmful contribution and
the measures taken to prevent any future occurrence shall be submitted to
the Director CITY MANAGER OR HIS/HER DESIGNEE within fifteen (15)
days of the date of occurrence.
Permit Revocation. Any user who violates the following conditions hereof, or
applicable State and Federal regulations, is subject to having his permit
revoked :
1. Failure of the user to comply with the provisions in subsection
12-2-5A2a of this Section.
2. Failure of a user to report factually the wastewater constituents and
characteristics of its discharges ;
3 . Failure of the user to report significant changes in operations or
wastewater constituents and characteristics ;
49
4. Refusal of reasonable access to the user's premises for the purpose of
inspection or monitoring;
5. Violation of conditions of the permit or this Chapter or any final judicial
order entered with respect thereto;
6. Failure to pay any fees or charges;
7. Tampering with, disrupting, or destroying City equipment as
determined by the Director CITY MANAGER OR HIS/HER
DESIGNEE , which determination shall be conclusive;
8. Failure to report an accidental discharge of a toxic pollutant or any
pollutant above levels authorized in the permit.
G. Legal Action Authorized. If any user discharges into the POTW contrary to
the provisions of this Chapter, Federal or State pretreatment requirements ,
or any order of the City, the City Attorney may commence an action for
appropriate legal and/or equitable relief, including a petition in a court of
competent jurisdiction for a temporary restraining order, preliminary and
permanent injunction against the violation.
H. Termination of Service. The City may terminate or cause to be terminated
wastewater treatment service to any user for a violation of any provisions
herein.
I. Civil Liability for Expenses. Any person violating the provisions herein shall
be liable for any expense , loss or damage caused the City by reason of such
violation, including the increased costs , if any, for managing effluent and/or
sludge. The person shall also be liable and pay all attorney fees , court costs ,
and expenses necessary to enforce any provision of this Code. The Direetor
CITY MANAGER OR HIS/HER DESIGNEE shall add such charge to the
discharger's treatment charge .
J . Civil Fine Pass Through . In the event that a user discharges such pollutants
which cause the City to violate any condition of its NPDES permit and the
City is fine d by EPA or the State for such violation, then such user shall be
fully liable for the total amount of the fine assessed against the City by EPA
and/or the State.
K. Criminal P e nalty and Fines .
1. Any person who violates any condition of the permit, Direetor's CITY
MANAGER OR HIS/HER DESIGNEE'S order, or any provision of this
Chapter shall be subject to a fine of not more than two thousand
dollars ($2 ,000 .00) or by imprisonment in the County jail for a period
not to exceed one (1) year or by both such fine and imprisonment for
each violation. Each day in which any violation shall continue shall be
deemed a separate offense.
2 . Any fine and/or any jail sentence imposed under the provisions of the
foregoing subsection Kl of this Section may be suspended for any
period not to exceed three (3) years.
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M.
Civil Penalties. In addition to any other penalties provided herein, the City
may recover reasonable attorney's fees, court costs, court reporters' fees, and
other expenses of litigation by appropriate legal action against the user
found to have violated any provisions herein, or the orders, rules, regulations,
and permits issued hereunder. The Attorney for the City, upon request of the
City Council, shall petition an appropriate court to impose , assess, and
recover such sums .
Any person who shall violate any condition of the permit, Director's CITY
MANAGER OR HIS/HER DESIGNEE'S order, or any provision of this
Chapter shall be subject to immediate disconnection of the sewer servicing
the property upon or in connection with which the violation occurred.
Appeal Procedure and Order . Any permit applicant, permit holder, or other
user affected by any decision, action, or determination, including cease and
desist orders , made by the City other than any judicial action filed or under
litigation in any court including the Englewood Municipal Court, or any
permit issued hereunder, may file with the Director CITY MANAGER OR
HIS/HER DESIGNEE a written request for reconsideration and a stay of the
decision within ten (10) days of such decision, action, or determination,
setting forth in detail the facts supporting the request, whereupon the
Director CITY MANAGER OR HIS/HER DESIGNEE shall hold a hearing.
The request for reconsideration shall be acted upon by the Dii·eetor CITY
MANAGER OR HIS/HER DESIGNEE within ten (10) days from the date of
filing. The decision , action or determination may be stayed during such
period ofreview by the Director CITY MANAGER OR HIS/HER DESIGNEE .
If the decision of the Director CITY MANAGER OR HIS/HER DESIGNEE is
unsatisfactory to the person appealing, he may file a written appeal to the
Water and Sewer Board within ten (10) days after receipt of the decision.
The Water and Sewer Board may hear the appeal and shall make a final
ruling on the appeal within thirty five (35) days of receipt of the user's
written appeal. The decision, action or determination of the Director CITY
MANAGER OR HIS/HER DESIGNEE may be stayed during such period of
review by the Water and Sewer Board. After the Water and Sewer Board has
reviewed the evidence , it may issue an order to cease and desist to the user
responsible for the discharge directing that, following a specified time period,
the sewer service be discontinued unless adequate treatment facilities,
devices or other related appurtenances are properly operated. Further orders
and directives as are necessary and appropriate may be issued. The decision
of the Water and Sewer Board shall be binding on all entities and the user
until and unless ruled otherwise by an appropriate court.
N. Falsifying Information: No user shall knowingly make false statements,
representations or certifications in any application, report, plan or other
document filed or required to be maintained pursuant hereto, or pursuant to
its wastewater discharge permit, or falsify, tamper with, or render inaccurate
any monitoring device or method required herein.
0. Publication Of Noncom pliant Users : The City shall annually publish in the
largest Englewood newspaper a list of the users which were in significant
noncompliance with any pretreatment requirements or standards during the
twelve (12) previous months .
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12-2-7: LIMITATIONS ON DISCHARGE :
A. Discharge Of Pollutants: No person shall discharge any pollutant in excess of
the following :
Pollutant Or Pollutant Property
Arsenic, Total (As)
Cadmium, Total (Cd)
Chromium VI (Hex Cr)
Copper, Total (Cu)
Lead, Total (Pb)
Mercury, Total (Hg)
Molybdenum (Mo)
Nickel, Total (Ni)
Selenium (Se)
Silve r , Total (Ag)
Zinc, Total (Zn)
Maximum Concentration
Daily Average mg/l
2 .2
0.327
0.698
4 .0
2 .7
0 .0004
5.5
2.4
0 .989
0.4
36.2
B. Special Conditions May Be Granted: Industrial allocations may be
approved under special conditions as determined by the Dil'eetol' of
Utilities CITY MANAGER OR HIS/HER DESIGNEE. The maximum
daily allowable industrial loading shall be allocated through
significant industrial user permits . The total loading to all permitted
industrial users shall not exceed the level specified below . Changes in
local limits due to increased or decreased loading in the service area
m a y cause a change in allocations granted under these special
conditions . Industrial users shall monitor and report daily flows as
required by the wastewater contribution permit. Allocations may be
revoked by the Di¥eeto1· CITY MANAGER OR HIS/HER DESIGNEE
and shall not be considered property rights .
Pollutant Or Pollutant Property
Arsenic, Total (As)
Cadmium , Total (Cd)
Chromium VI (HEX Cr)
Copper, Total (Cu)
Lead, Total (Pb)
Me rcury, Total (Hg)
Molybdenum (Mo)
Nickel, Total (Ni)
Selenium (Se)
Silver, Total (Ag)
Zinc , Total (Zn)
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Daily Maxim um Allowable
Industrial Load (Lbs/Day)
10.559
1.558
3 .331
19.181
12 . 789
0.00193
26.286
11.634
4.719
4 .727
173 .047
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C. Underground Storage: Petroleum underground storage tank remediation
projects which have caused contamination to ground water and have been
authorized to discharge treated ground water to the POTW shall meet the
following standards for maximum concentration daily average in ug/l:
Benzene, toluene, ethylbenzene, xylenes, total (BTEX) 750 ug/l
Benzene 50 ug/l
D. Organic Compounds: Volatile organic compounds and semi-volatile organic
compounds shall be determined on a case by case basis using the
Littleton/Englewood policy for local limits for volatile and semi-volatile
compounds. The Littleton/Englewood policy shall reflect EPA guidance on
Development And Implementation Of Local Discharge Limitations Under
The Pretreatment Program and best available treatment technologies (BAT).
E. Compliance With Federal Act: When necessary for compliance with the
Federal Act for the achievement of technology-based effluent limitations, the
Difector CITY MANAGER OR HIS/HER DESIGNEE may exercise best
professional judgment (BPJ) in establishing effluent limitations on a
case-by-case basis for individual permits granted pursuant to Section 12-2-3.
Technology-based effluent limitations based on best professional judgment
(BPJ) shall be made only for good cause and in the absence of Federally
promulgated pretreatment standards or local limitations on discharge .
F. Effluent Limitations: Effluent limitations established through the exercise of
best professional judgment (BPJ) shall be made after considering the
availability of appropriate technology, its economic reasonableness, the age
of equipment and facilities involved, the process employed, and any increase
in water or energy consumption.
G. Compliance Required: Significant industrial users located in Englewood but
discharging to the Metro District shall comply with the local limits of the
Metro District or of this Chapter, whichever is more stringent.
12-2-8: SEWER TAP FEES:
A. At the time of filing the application, sewer tap fees shall be paid in accordance
with the following schedule:
Water Meter Size Sewer Tap Fee
3/4" or less $ 1,400.00
l" 2,333 .00
11/2" 4 ,667.00
2" 7,467 .00
3" 14,932 .00
4" 23 ,332 .00
6" 46 ,667.00
8" 74 ,667 .00
10" 107 ,332.00
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For multi-family units , hotels, motels and mobile home courts, the total tap
fee shall not be less than one thousand four hundred dollars ($1,400.00) per
dwelling unit. If the fee determined by the water meter size from the above
schedule is greater than the fee determined by the minimum charge of one
thousand four hundred dollars ($1,400.00) per unit, then the greater fee , as
determined by meter size, shall prevail .
B. At the time of filing an application for a sewer tap permit, sewer tap fees for
the following properties shall be increased by the addition of a surcharge to
the sewer tap fees established by subsection A of this Section according to
the established surcharge schedule:
C.
1. Properties within the City which are not in an established sanitation
district.
2 . Properties outside the City which are tributary to the Northeast
Englewood Relief Sewer System which are not exempted by agreement
from sewer tap surcharge.
The established sewer tap fee surcharge is:
Water Meter Size
3/ 4"
1"
l 1/2"
2"
3"
4"
6"
8"
10"
Sewer Tap Fee
$ 500.00
833.00
1,667.00
2 ,667 .00
5 ,333.00
8 ,333.00
16,667.00
26 ,667 .00
38,333.00
For multi-family units , hotels , motels, mobile home courts and other multiple
dwelling units , the sewer tap fee surcharge shall not be less than five
hundred dollars ($500.00) per dwelling unit. If the surcharge established by
the water meter size from the above surcharge schedule is greater than the
fee of five hundred dollars ($500.00) per dwelling unit, the greater fee shall
be charged.
3 . Properties that connect to the Big Dry Creek interceptor system shall
pay a sewer tap surcharge fee in the sum of three hundred dollars
($300.00) per single-family residential equivalent tap in addition to all
other charges .
The actual cost of any sewer main extension shall be recorded in the utilities
office . Where such cost has not been paid, it shall be added to the plant
assessment fee to arrive at a total amount due . New sewer extension costs
shall include the actual cost of construction plus ten percent (10%) to defray
costs of engineering. The total costs shall be assessed in proportion to the
front footage of the property served.
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D . Where a proposed tap will serve property for which a previous assessment
has been paid, the previous tap fee shall be credited against the current tap
fee in calculating the balance of the fee due.
E. Nothing in this Section shall be construed to alter the rates or terms
contained in the connector's agreements heretofore existing between the City
of Englewood and sanitation districts.
F. No tap shall be made to the POTW without payment of the tap fees. Failure
to pay fees before tapping to the POTW shall result in tap fees being
doubled. Any fee or charge not paid shall constitute a lien on the subject
property and be collected like taxes.
12-2-9: CONSTRUCTION OF SEWERS; EXTENSION OF MAINS; COSTS;
INSPECTION:
A . When an application is received to extend the collection main in order to
serve the applicant or user whose property is located with the City, the City
shall make such extension at its own expense , subject to recovery of said
costs and provided that the extension is to serve land properly subdivi ded. In
the event that the extension is to serve nonsubdivided, industrially zoned
lands within the City, the Du·eetol' CITY MANAGER OR HIS/HER
DESIGNEE may require that the applicant or user extend the collection
B.
main at his own cost and expense , subject to an equitable method of recovery
of costs .
The individual collection mains outside the corporate limits shall be by
pipes, mains or service lines and appurtenances installed by the individual
or connector, and the City shall assume no obligation for costs of construction
therefor. All services shall be connected under the same provisions as may be
required by the City for connections within its corporate limits. All charges for
sewage collected outside the corporate limits of the City shall be computed
from rates set out in Section 12-2-3 of this Chapter .
C. Quality control of privately constructed collection mains feeding the City
treatment plant shall be assured by on-site inspectors provided by the City
of Englewood Department of Utilities, which agency shall include the
monitoring of collection main construction and the lamping of mains when
construction is complete. Charges for these services shall be billed to the
responsible contractor, as follows:
1.
2.
Inspection (one man); weekdays
After normal duty hours, weekends
and holidays
Lamping (crew of 2 men): weekdays
After normal duty hours, weekends
and holidays
$12.50/hr.
$18.75/hr.
$25 .00/hr.
$37.50/hr.
TAPPING OF MAINS NOT OWNED BY THE CITY
When an application is received for connection to mains or facilities not
owned or controlled by the City, a permit for said connection will be granted
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only in those cases in which the Department of Utilities shall have been duly
authorized, in writing, by the owner in control of such main or facilities to
grant such permit.
12-2-10: MISCELLANEOUS:
A. Conflict. All other ordinances and parts of other ordinances inconsistent or
conflicting with any part of this Chapter are hereby repealed to the extent of
such inconsistency or conflict .
B. Severability. If any provision, paragraph, word, or section of this Chapter is
invalidated by any court of competent jurisdiction, the remaining provisions,
paragraphs, words, and sections shall not be affected and shall continue in
full force and effect.
Introduced, read in full, and passed on first reading on the 5th day of October,
1998 .
Published as a Bill for an Ordinance on the 9th day of October, 1998.
Read by title and passed on final reading on the 19th day of October, 1998 .
Published by title as Ordinance No.~, Series of 1998, on the 23rd day of
October, 1998 .
d.fh
I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby certify
that the above and foregoing is a true coppr pj. the Ordinance passed on final reading
and published by title as Ordinance No.~, Series of 1998.
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• COUNCIL COMMUNICATION
Date Agenda Item Subject
Wastewater Utility Ordinance
October 5, 1998 10 a i Amendment
Initiated By Staff Source
Littleton/Englewood Wastewater Treatment
Plant Supervisory Committee Stewart Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Wastewater Utility Ordinance was revised by Council in February, 1997.
RECOMMENDED ACTION
1. To amend the Wastewater Utility Ordinance to meet certain EPA requirements
2. To amend the Wastewater Utility Ordinance to correct certain typographical errors, clarify and
correct certain definitions and sections.
3. To amend all language that identifies a specific Director, to read , City Manager or his designee.
4. To give authority to the City Manager to grant variances for grease interceptors. i.-. 5 . To give authority to the Water and Sewer Board to over ride the C ity Manager's decision to grant a
variance for a grease interceptor.
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BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED
1. Each year , the U.S. Environmental Protection Agency completes an audit of the Industrial
Pretreatment Program. Amendments and corrections to the Wastewater Utility Ordinance were
required in the audit findings. These proposed changes are attached .
2. During the review process of the ordinance , certain typographical errors and changes in some
sections were discovered. These corrections are being made at this time.
3. To make the Wastewater Utility Ordinance language uniform with other code language throughout
the City. All references to a specific Director are being amended to reflect the generic term, City
Manager or his designee.
4. The Ordinance requires that food-processing facilities have and maintain a grease interceptor to
remove grease and prevent it from entering the sanitary sewer system. The criteria for determining
whether or not an establishment must have an interceptor is based on food preparation activities ,
seating capacity and grease management practices. Variances may be issued for a business if ,
upon review, it is determined that it does not meet the criteria .
Examples : Facilities that use disposable utensils and paper plates and have no dishwasher
Facilities that heat precooked food only and do not cook
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The current language in the Ordinance states that the Director of Utilities can grant a varia n ce th at •
must be reviewed by the Water and Sewer Board.
The proposed change will allow the City Manager and his designee to issue a variance. The
Water and Sewer Board can override that decision if an appeal is made.
FINANCIAL IMPACT
The financial benefit impacts the companies involved in the process. The proposed streamlining is
cost efficient and regulatory wise.
LIST OF ATTACHMENTS
Copy of proposed ordinances amendments
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