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HomeMy WebLinkAbout1999 Ordinance No. 014. . • • • ORDINANCE NO . .d. SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 12 , CHAPTER 2, SECTION 7, PARAGRAPH A, OF THE ENGLEWOOD MUNICIPAL CODE , 1985 WHICH PERTAINS TO WASTEWATER LIMITATIONS ON DISCHARGE. WHEREAS , the Englewood City Council amended the Wastewater Treatment Ordinance in 1998 by the passage of Ordinance 68 , to meet EPA 1998 Audit Requirements ; and WHEREAS , every five years the U.S. Environmental Protection Agency requires Pretreatment programs to review the local limits/numeric standards that are set for industrial discharge s ; and WHEREAS, in 1994 the Littleton/Englewood Pretreatment program completed the review and amended the Englewood Municipal Code to reflect the new limits with the exception to the amendment of the silver limit ; and WHEREAS , in 1994 , the existing limit for silver was approved by EPA to remain in place until the State of Colorado settled an appeal hearing that was being lead to oppose a water quality stream standard for silver ; and WHEREAS, the State of Colorado has finalized the hearings and the silver water quality standard has been maintained; and WHEREAS , the City of Englewood is now required to amend the Municipal Code to reflect the limit that was calculated through EPA Region VIII Local Limit Development Strategy; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby approves an amendment to Title 12 , Chapter 2 , Subsection 7-A , to read as follows: 12-2-7: LIMITATIONS ON DISCHARGE : A . Discharge Of Pollutants: No person shall discharge any pollutant in excess of the following: -1 - 10 b v ( ~<(~J:~" Maximum Concentration Pollutant Or Pollutant Property Daily Average mg/l 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) Silver, Total (Ag) Zinc, Total (Zn) 2.2 0.327 0.698 4.0 2.7 0.0004 5 .5 2.4 0 .989 B:-4----0.991 36.2 Introduced, read in full, and passed on first reading on the 1st day of March, 1999. Published as a Bill for an Ordinance on the 5th day of March, 1999. Read by title and passed on final reading on the 15th day of March, 1999. Published by title as Ordinance No. Li_, Series of 1999 , on the 19th day of March, 1999. Thomas J . Burns, Mayor I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy 9j the Ordinance passe on final reading and published by title as Ordinance No . 1£, Series of 199 . Loucrishia A. Ellis -2- . ', • • • • • • .. COUNCIL COMMUNICATION Date Agenda Item Subject Wastewater Utility Ordinance March 1 , 1999 10 av Amendment Initiated By Staff Source Littleton/Englewood WWTP Supervisory Committee Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Wastewater Utility Ordinance was revised by Council in September 8, 1998. RECOMMENDED ACTION The action recommended is to amend the Wastewater Utility Ordinance to meet EPA requirements. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Every five years the U.S. Environmental Protection Agency requires Pretreatment programs to review the local limits/numeric standards that are set for industrial discharges . In 1994 , the Littleton/Englewood Pretreatment program completed the review and amended the ordinance to reflect the new limits. The exception to the amendment was the silver limit. In 1994 , the existing ordinance limit for silver was approved by EPA to remain in place until the State of Colorado settled an appeal hearing that was being lead to oppose a water quality stream standard for silver . The State of Colorado has f inalized the hearings and the silver water quality standard has been maintained. The Pretreatment Division is now required to amend the ordinance to reflect the limit that was calculated through EPA Region VIII Local Limit Development Strategy. FINANCIAL IMPACT The financial benefit impacts the companies involved in the process. The new limit is less restrictive and will benefit the industrial community. There is no direct financial impact to the City. LIST OF ATTACHMENTS Proposed Bill for Ordinance Copy of letter to EPA dated October 17, 1994 Copy of letter to EPA dated February 17 , 1999 Copy of Ordinance change UTTLETON /ENGLEVl/000 \IVASTE\JVATER TREATMENT PLANT . :;::.i~~' ··,_)~~ -.::ri,:·.(~ :::Ax ·;·5 ;~ · ~::·~:.'O \ I r . Cun \ k (\l 1 rn id P1(·1rc~1lmc111 CtH1nli11;1h11· l '.S . [!' \ R(·:'.tt)t1 \'!ti <)l1 •) I ~:ii S!T('(:l. Sttil\.: ,'i()f ) Den\ lT. CU ;')( 1:~11_-_: l~E: LOC.\L LI:\l!T FOi{ Sll.\'FH [h.:;1r .\Ir . ,\kCormic k: .. C'ityqf Englewood ,.• • This letter St..'r\cS to 11ot1t'y you that both, l.ittldon and Engk\\Und :ire prc·paring to amend their \\'ask\\ ;1 t cr l)tility Ordi1urH.:cs to include thl.' calculakd limit !'or sih t..T ll "as prev iously excluded from tile loc:il limit an1(·11 d111c1lts 111 1 \)C))_ . .\tl:H.:hcd is tlic spri:::!dsi1('d that contains al l the pert ine n t • in t'unnation l~H-the limit de\ ck)pmc11L t 11a\ c :li so attached ~1 copy of' the letter sent to !'l)U da te d Ocll)ber I 7. I t)') . .f. It describes tlic cm:un1st:111ccs behind the sih er limit st atus Sinccr1.:ly. l\.Llr\ E. ()<irdncr lnduslrial Pr·..:r1-..~:111nen : A~l11iinistr:111.1r :·\t i ~1c hrn\..'i1 l '."-. • • • • • LJTIL ET ON /EN GL EWOOD WA ST EWATE R T R EAT MENT PLA NT 2~00 S. P latte River Dri ve Eng lewood. Colorado 80110 (303 ) 762 -2500 FAX 762-2620 October 17, 1994 Jv[r, Cun McConnick Pretreatment Coordinator USEPA 99918th Street, Suite 500 Denver, CO 80202-2405 RE : LOCAL LilvITTS Dear Mr. McConnick: City of Lit1 1e ton City of Eng lewood Attached you will find the proposed Littleton and Englewood Wastewater Utility Ordinance amendments . The Littleton· amendments reflect those already submitted for your review in the form of the Englewood ordinance. The only revision is the silver limit which has not been redeveloped . k we discussed on the telephone on October 13, your department is allowing the Littleton/Englewood Pretreatment program to keep the current silver limit. This limit will remain effective until the state makes a final rule concerning the silver chronic stream standard. At that time, we will again review the silver limit. The Cities will be public noticing the proposed ordinance amendments and local limits as they have been submitted to your department. Please contact me when the EPA public notice period is over so that we ma y submit our amendmems to both City councils. Thank you for your assistance in this matter. Ple2.se call me at 762-2605 if you have quesnons or comments. Sincere ly , ;'/hLt/ t. Mary E . Gardner Pretreatment administrator MEG :b d Enclosure cc : Barry Segal, Littleton Assistant City Attorney Dan Brotzman, Englewood Assistant City attorney Mark Vlagner, Hill and Robbins , P. C. 12 -2-7: LIMITATIONS ON DISCHARGE: A Dis charge Of P ollutants: No person shall discharge a n y pollutant in excess of the followi n g: P ollutant Or Pollutant Pron e rtv Arsenic, Total (As) Cadmium , Total (Cd) Chromium VI (Hex Cr) Copper, T otal (Cu) Lead, Tota l (P b) Mercury, T otal (Hg) Molybdenum (Mo) Nicke l , T otal (Ni) Selenium (Se) Silver, To tal (Ag) Zinc, Total (Zn) Maximum Concentration D ailv Average mg/l 2 .2 0.327 0 .698 4.0 2.7 0.0004 5.5 2.4 0.989 --0-:-zr-0" qq J 36.2 B . Special Conditions May B e Granted: Industrial allocations may be approved under special conditions as de t ermined by the Dil·eetor of Utilitie s CITY MANAGER OR HIS/HER DESIGNEE. The maximum daily allowable industrial loading shall be allocated through significant industrial user p e rmits. The total loading to all permitted industrial users shall not exceed the level specified below. Changes in local limits due to increase d or decreased loading in the service area may cause a change in allocations granted under these s pecial conditions. Industrial users shall m onitor and report daily flows as required by the wastewater contribution permit. Allocations may be revoked by the Direet01· CITY MANAGER OR HIS/HER DESIGNEE and shall not be considered property rights. C. P ollutant Or Pollutant Prop ertv Arsenic, Total (As) Ca dmium , T otal (Cd) Chromium VI (HEX Cr) Copper, T otal (C u ) L ead, Total (Pb ) Mercury, Total (Hg) Molybdenum (Mo) Nickel, Total (Ni) Selenium (Se ) Silver, Total (Ag) Zinc, T otal (Z n) Daily Maximum Allowable Industri al Loa d (Lbs/Dav) 10.559 1.558 3.331 19 .181 12. 789 0.0019 3 26.2 86 11.634 4.719 4 .727 173.047 Underground Storage: P etrol eum underground storage tank remediation projects which have caused co n tamination 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: 52 • • •