HomeMy WebLinkAbout2017-03-14 WSB AGENDA!1i EnQLewo od
1000 Englewood Pkwy -Community
Development Cont. Rm .
AGENDA
Englewood , CO 80110
Water and Sewer Board Meeting
Tuesday, March 14, 2017 + 5 :00 PM
1 . Call to Order
2 . Approval of Minutes
a . Approval of February 14 , 2017 Water & Sewer Board Minutes.
Water & Sewer Board 02-14-2017
3 . Public Forum
4 . New Business
a . Allen Plant Alum Residuals Removal and Disposal
Alum Residuals 2017 Att II
b . Amending Title 12, Chapter 2 , Sections 1, 2 , 3 , 4 and 5 of the Englewood Municipal
Code 2000 entitled , "Wastewater Utility ."
Municipal Code Changes Title 1211
c . County Line Landfill Wastewater Connector and Transmission Agreement with the City
of Englewood , South Arapahoe Sanitation District and Waste Management of Colorado.
County Line Landfill Agr. 2017 II
d . Addendum to Wastewater Connector's Agreements for Cherry Hills Village Sanitation
District , Cherry Hills Heights Water and Sanitation District, Bow Mar Water and
Sanitation D istrict , Columbine Water and Sanitation District , South Arapahoe Sanitation
D istrict , City of Sheridan , Country Homes Metropolitan District , City of Cherry Hills
Village , Valley Sanitation District, Southgate Sanitation District , South Englewood
Sanitation District,
Connector Addendums
5 . Old Business
a .
6 . Staffs Choice
7 . Adjournment
Pl ease no te: If yo u h ave a d isab ili ty and need a ux ili ary a id s o r se rv ices , pl ease not ify th e C ity of Eng lewood (3 0 3 -
762-2405) at least 4 8 hours in adva nce of whe n se rv ices are nee de d .
Page 1 of 263
Present :
Absent :
Also present :
ENGLEWOOD WATER & SEWER BOARD
MINUTES
FEBRUARY 14, 2017
Burn s, Moore, Oakley, Jefferson, Yate s, Wigg i ns , Roth , Johnson
Habenicht, Gillit
Tom Brennan , Director of Utilities
The meeting was called to order at 5:02
Director Tom Brennan introduced the new member of the Englewood Water and Sewer Board ,
Mr. Tim Johnson .
El
1. MINUTES AND PHONE VOTE OF JANUARY 12, 2017.
The Board received a copy of the Phone Vote of January 12 , 2017 .
El
2 . CITY DITCH FIRE LANE ACCESS EASEMENT -2100 W. LITILETON BLVD.
Prinzoc Littleton, LLC is requesting an access easement over and across the City Ditch right-of-
way with a fire access road for their development, the Grove Littleton . The Grove consists of
160 apartment units with mixed use restaurant and retail space. It is located on the southeast
corner of W . Littleton Blvd. and S. Bemis St .
Englewood 's City Ditch right-of-way runs through a portion of the property, requir i ng an
agreement for fire eng i nes and emergency equipment to access the building . The City of
Englewood retains its right-of-way ownership and the Access Agreement does not prevent
Englewood from constructing, operating, maintaining, repairi ng , replacing , removing or
enlarging the City Ditch . No permanent structures are allowed in the easement .
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This project will provide a concrete path for maintenance access in an area where muddy
conditions have been an issue . The concrete path will also provide protection for the existing
pipe .
On November 21, 2016 Council passed a City Ditch Grant ofTemporary Construction License
and a City Ditch Crossing Agreement for the Public Service Company of Colorado for an
electrical conduit at 2100 W . Littleton Blvd .
Motion:
Moved:
To recommend Council approval of the City Ditch Fire Lane Access Easement for
2100 W . Littleton Blvd .
Burns Seconded : Johnson
Motion carried .
~
3. TENORMs /RISK ASSESSMENT STATUS
The Board received an update on the proposal from TENORMs (Technically Enhanced Naturally
Occurring Radioactivity Risk Assessment). The update addresses dose reconstruction , residuals
process evaluation , risk assessment for current residuals plan, residuals management
alternatives and risk assessment for alternatives. Mr. Brennan discussed the risk assessment
progress .
Mr. Jefferson asked where Englewood residuals is in the spectrum of radioactivity. Mr.
Brennan noted that we are in the mid-range .
The next scheduled alum residuals removal is for the first quarter of this year. The bid opening
was today, February 14, 2017 . This is a budgeted item . The Board will receive a
recommendat ion for approval from the Utilities Department at the next meeting.
4 EJ WAYNE OAKLEY'S LAST MEETING.
Wayne Oakley announced that this was his last meeting. The Board thanked him for his years
of service .
The next Water and Sewer Board meeting will be Tuesday , March 14, 2017 at 5 :00 p .m . in the
Community Development Conference Room.
Page 3 of 263
Sincerely,
Cathy Burrage
Recording Secretary
Englewood Water and Sewer Board
Page 4 of 263
ifi Efl'Qlewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Ut ili ties
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT: Allen Plant A lum Residuals Removal and Disposal
DESCRIPTION:
Allen Plant Alum Residuals Removal and Disposal
RECOMMENDATION:
Staff recommends Council approve by motion a contract with Secure On-site Services USA,LLC
in the amount of $170 ,541 .00 for residuals removal and disposal at the Allen Water Filtration
Plant.
PREVIOUS COUNCIL ACTION:
Due to variations in amounts of alum residuals produced and hauled in a given year ,
below are the budgeted and paid amounts.
Year Budgeted Paid
2004 $ 40 ,000 .00 $ 73 ,688 .54
2005 $ 85 ,000 .00 $ 48 ,864.46
2006 $ 80 ,000 .00 $ 43 ,468 .18
2007 $ 80 ,000.00 $ -0-
2008 $ 80 ,000 .00 $118 ,841 .83
2009 $110 ,000 .00 $ 97 ,746 .50
2010 $110 ,000 .00 $ 64 ,780 .20
2011 $110,000 .00 $ 47 ,532.20
2012 $100 ,000 .00 $ -0-
2013 $110 ,000 .00 $ -0-
2014 $100 ,000 .00 $412 ,274 .99
2015 $ -0-$ -0 -
2016 $250 ,000 .00 $215 ,852 .16
TOTAL $1 ,255 ,000 .00 $1 , 123 ,049.00
SUMMARY:
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The City of Englewood owns the Allen Water Treatment Plant. While the drinking water
produced at the plant meets all drinking water standards , these are low levels of natura lly
occurring radionuclides in the source water that are removed through t reatment and ultimately
resides in the residuals generated at the plant. As such , the residuals generated at the plant
are considered technologically-enhanced naturally occurring radioactive materials and have
additional disposal cons ideration by Colorado Department of Public Health and Environment
Regulatory requirements .
ANALYSIS:
The bid open ing was held on February 13 , 2017 . Two bids were received :
Secure On-Site Services USA , LLC
Norm Services LLC
$170 ,541 .00
$ 54 ,612 .00
No rm Services LLC did not meet the criteria of using a State Regulatory Agency approved
landfill and therefore submitted a letter of formal cancellation of their bid proposal. The
Englewood Water and Sewer Board , at their March 14 , 2017 meeting , recommended Council
approval of Secure On -site Services USA , LLC in the amount of $170 ,541.00.
FINANCIAL IMPLICATIONS:
Secure On-Site Services USA , LLC is recommended as the lowest, acceptable bidder at
$170 ,541 .00 for disposal of approximately 900 cubic yards . Secure-On-site Services USA, LLC
will be using the Clean Harbors disposal site , which is a State approved facility . The Utilities
Department budgeted $250 ,000 .00 in account #40-1603-55201 in the 2016 Budget.
ATTACHMENTS:
Alum Residuals 2017 Att
Page 6 of 263
-u
Q,) co
CD
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(...)
City of Englewood Bid Tabulation Sheet
Bid Opening Date: February 13, 2017 2:00 PM MST jci";4>:. ,~.t: ,, . "Apparent Low. Bidder . ., . '" •.. "';~1 I
ITEM BID: ITB-17-002 Allen Water Filter Plant Residuals Removal, Hauling & Disposal Services
Bid Bond 900 CY unit
Vendor Y/N I SQQ Y/N cost 1900 CY Total Bid I Exceptions/Comments
Norin' Services LLG ., ... -.;
!)535 ~S. Rivier.aWay. .. .... .,.; .. ·~;;.
·1;( -... , ...
Auror~-C0"80016 '" "' ' '
Rober:t ·Krumberger _ ,.--;c~_; '· -
303-229·6616 -.Y y ·•$60.68 . $54;612,
Secure On-Site Services USA, LLC
12760 Stroh Ranch Way, Ste 205
Parker, CO 80134
Trent Cline
303-548-9953 y y $ 189.49 I $ 170,541 .00
Cathy Burrage
From:
Sent:
To:
Subject:
Attachments:
Jason Clark
Friday, March 03, 2017 8:26 AM
Cathy Burrage
FW: NORM Services' Bid Cancellation -ITB-17-002
Final CDPHE Approval Request_City of Englewood_2017-160_2-14-17.pdf; CDPHE
Response_City of Englewood 022117 signed_2017-162_2-21-17.pdf
From: Robert Krumberger [mailto:rkrumberger@normservices.com]
Sent: Wednesday, February 22, 2017 9:23 AM
To: Eva Boyd <eboyd@Englewoodco.gov>
Cc: Jason Clark <jclark@Englewoodco.gov>
Subject: NORM Services' Bid Cancellation -ITB-17-002
Dear Eva,
NORM Services is providing this formal cancellation of our bid proposal for the Allen Water Filtration Plant
Residuals Removal, Hauling and Disposal Services (ITB-17-002). NORM Services' proposal was based upon
approval from the Colorado Department of Public Health and Environment (CDPHE) for disposal of the
residuals at a Municipal Solid Waste Landfill.
Attached please find the letter from the City of Englewood submitted to the CDPHE dated February 14, 2017
requesting the approval for the disposal of the residuals from the Allen WFP at an approved Municipal Solid
Waste Disposal facility. Also attached please find the response dated February 21, 2017 from the CDPHE to
the City of Englewood denying our request for the disposal at the Municipal Solid Waste
Landfill. Accordingly, NORM Services' bid proposal is void and hereby withdrawn. Please return our bond
funds (Cashier's Check 1398455 in the amount of $2,731) at your earliest convenience.
NORM Services will continue to work with the CDPHE and landfills to obtain approval for disposal on future
projects. We sincerely appreciate the opportunity to work with the City of Englewood. Please contact me if
you have any questions or need additional information.
Robe1t Krumberger, CHMM, RSO I President
NORM Services, LLC
6535 S. Riviera Way
Aurora, CO 80016
(303) 229-6616
rkrumberger@normservices .c om
www .normserv ices.com
Page 8 of 263
tli EffQlewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
Municipal Code Changes -Littleton/Englewood
Wastewater Treatment Plant (LIE WWTP) Industrial
Pretreatment Revisions
DESCRIPTION:
Municipal Code Changes -Littleton/Englewood Wastewater Treatment Plant (LIE
WWTP) Industrial Pretreatment Revisions
RECOMMENDATION:
The Water and Sewer Board , at their March 14 , 2017 meeting , recommended Council approval ·
of Ordinance changes to Title 12 , Chapter 2.
PREVIOUS COUNCIL ACTION:
There is no previous Council action .
SUMMARY:
The proposed changes will incorporate revisions required by EPA to the Industrial Pretreatment
program , the 2016 EPA Pretreatment Compliance Inspection , the Industrial Pretreatment
Streaml ining Rule and staff recommended changes regarding fees for inspections , re -
inspections and septic receiving station rates .
ANALYSIS:
The proposed changes will more clearly define legal authority to implement pretreatment
regulations and to align with existing operating procedures . Industrial pretreatment
responsibilities will be delegated to the saniation district that contributes wastewater to the
L/EWWTP and will clarify the definition of "bypass" to EPA's definition .
Provisions will be added to allow the cities to reduce monitoring reporting requirements to more
efficiently streamline procedures . Requirements will be based on discharge volumes and
pollutant concentrat ions.
The Industrial Pretreatment Division noted areas where changes will clean up existing language
and enable more efficient management of the Industrial Pretreatment program .
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It was determined that changes were necessary to the existing fee structures to cover expenses
to implement the pretreatment program and treat hauled wastes . For example , the septic
disposal rate was last evaluated 15 years ago.
FINANCIAL IMPLICATIONS:
The septage disposal rate will be raised from $0 .06/gallon to $0 .09/gallon . A $100 fee will be
imposed for re-inspections due to failure of businesses to correct noncompliant issues . A
$50 .00 fee will be charged to sanitation districts to recover costs for inspections due to the
sanitation district's inaction , refusal to inspect or lack of personnel to inspect industrial users .
The proposed Ordinance will also allow the City to surcharge industrial users not otherwise
defined as a significant industrial user.
ATTACHMENTS:
Municipal Code Changes Title 12 -Chapter 2 2017
Municipal Code Changes Memo to W & S Board 2017
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ORD INANCE NO .
SER IES OF 2017
BY AUTHORITY
A B ILL FOR
COUNC IL BILL NO .
INTRODUCED BY COUNCIL
MEMB ER -------
A ORD! ANCE AMENDING TITLE 12 , CHAPTER 2, SECTIO S l , 2, 3, 4 AND 5, OF
THE ENGLEWOOD MUN IC IPAL CODE 2000 E T ITLED WASTEWATER U T!l/Tr.
WHEREAS. the City of Eng lewood conducts an Industrial Pretreatment program to
control industrial /commercia l wastes entering the wastewater collection and treatment
system; and
WHEREAS , the program is designed to prevent pass through of pollutants to the South
Platte River , protect the collecti on and treatment system from damage , protect the public and
workers health and safety and improve opportunities to recycle and reclaim municipal and
industr ial wastewaters and s ludge; and
WHEREAS , the Englewood City Council author ized ame nd ing Title 12-2 -Wastewater
Uti lity by th e passa ge o f Ordinance no . 6. Series of2009; and
WHEREAS , the pretreatment program is subject to Environmental Protection Agency
(EPA) oversight and approval and must be kept current with costs , programs , and regulations ;
and
WHEREAS , EPA conducted an audit of both the cities of Littlet on and Englewood 's
Industria l Pretreatment Ordinances , and identified certain Sections which needed to be
amended to meet current EPA Regulatory Standards: and
WHEREAS , in order to conform to these requirements the Englewood Municipal Code
2000 Wastewater Utility will need to be amended.
OW. THEREFORE , BE IT ORDAINED BY THE C ITY COUNC IL OF THE CITY OF
E GLEWOOD , COLORADO, THAT:
Section I. The City Council of the City of Eng lewood , Co lorado hereby author izes
amending Title 12 , Chapter 2, Section I, of the Eng lewood Municipa l Code 2000 , entitled
General Provisions , to read as follows:
12-2-1: General Prov isio ns.
A. Short Title : This Chapter shall be known as the WASTEWATER UT!l/Tl'
ORDINANCE.
B. Strict Liability: The Englewood City Council recognizing the threats upon the frail
ecology and expressing great concern for its protect ion , dec lares that merely doing any
act prohibited by this Chapter and orders of the City, issued under the provis ions of this
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Chapter or failing to perform any act required by this Chapter or said orders of the City
violates this Chapter. The vio lator's intention is not a defense to any violation of this
Chapter or said order of the C it y , but intention may be considered as a matter in
aggravation or mitigation.
C. Purpose: It is necessary for th e health , safety and welfare of the residents of th e City to
regulate the collection of wastewater and treatment thereof to provide for maximum
public benefit. This chapter sets fort h uniform requirements for direct and indirect
contributors into the wastewater co ll ection and treatment system for th e City and
enables it to comply with all applicable State and Federal laws.
D. Definitions/A bbreviations and Acronyms: Unless the context specificall y indicates
otherwise, the following terms and phrases, as used in this chapter, shall have th e
meanings hereinafter designated:
Abbrevialions and Acronyms: The fo ll owing abbreviations shall have the designated
meanings:
BMPs Best Management Practices
BOD Biochemical Oxygen Demand
BMR Baseline Monitoring Report
oc degrees Cent igrade
COPS Colorado Discharge Permit System
CF R Code of Federal Regulations
COD Chemical Oxygen Demand
CWA Clean Water Act (33 USC I 251 et seq.). as amended
EPA Env iro nm e ntal Protect ion Agency
OF degrees Fahrenheit
FOG Fats, Oils, and Grease
gpd gall ons per day
IU Indu stria l User
mg/L milligrams per Liter
~ Nnnh Am~ric:rn fnri,,~trv l.l<>ccific:oitinn Sv~t~m
O&M Operations and Maintenance
POGS Petroleum . Oil , Grease and Sand
POTW Publicly Owned Treatment Works
2
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RCRA Resource Conservation and Recovery Act & Section
SIC Standard Indu stria l Classi ti cation
SIU Significant Indu stria l User
SNC Si g ni ti cant Non -Comp I iance
TSS rota! Suspended Solids
U.S.C . United States Code
Act or the Act: The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended , 33 U.S.C. 1251 et seq.
Approval Authority: The Regional Administrator of EPA Region 8. At such time as the State
receives authorization , the Approval Authority shall be the Director of the Colorado
Depa11ment of Public Health and Environment.
A uthorized Representative of the industrial User:
(a) If the user is a corporation:
(I) The president, secretary , treasurer, or vice president of the corporation in
charge of a principal business function, or any other person who performs
similar policy or decision-making functions for the corporation, or
(2) The manager of one or more manufacturing, production , or operating
facilities , provided the manager is authorized to make management
decisions that govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment
recommendations, and initiate and direct other comprehensive measures to
assure long-term environmental compliance with environmental laws and
regulations; can ensure that the necessary systems are estab li shed or
actions taken to gather complete and accurate informati o n for industrial
wastewater permit requirements; and where authority to sign documents
has been assigned or delegated to the manager in accordance with
corporate procedures.
(b) If the user is a partnership or sole proprietorship: a general partner or proprietor,
respectively.
(c) If the user is a Federal , State, or local governmental facil ity ; a City or highest
official appointed or designated to oversee the operation and performance of the
activities of the government facility , or their designee.
(d) The individuals described in subsections (a) through (c) above may designate
another authorized representative if the authorization is made in writing. the
authorizati o n specifies the individual or a position responsible for the overall
operation of the facility from which the discharge originates or having overall
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responsibility for environmental matters for the company, and the written
authorization is submitted to the City.
Best Management Practices (BMP): Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to implement the prohibitions listed
in 12-2-5(G...B.) €-MG Englewood Municipal Code. BMPs are Pretreatment Standards. BMPs
include treatment requirements , operating procedures, and practices to control plant site
runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage.
Biochemical Oxygen Demand (BOD): 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.
lh1siness CiBssifiealie11 Cede (BCC): A elassifieation ofdisehargers eased on the eurrent
version of Standards Industrial Classifieation Manual, Bureau of the Budget of the United
States of Ameriea.
Categorical industrial User: An Industrial User subject to a Categorical Pretreatment
Standard or Categorical Standard.
Categorical Pretreatment Standard or Categorical Standard: Any regulation containing
pollutant discharge limits promulgated by EPA in accordance with sections 307(b) and (c) or
the Act (33 U.S.C. Section 1317) that apply to a specific category of users and that appear in
40 CFR Chapter I, subchapter N , parts 405-4 71.
Chemical Oxygen Demand (COD): 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.
Ch!eri1~e DemBmi: The amount ofehlorine required to produee a free ehlorine residual ofQ. I
mg/I after a eontaet time of fifteen ( 15) minutes as measured 8y the DPD (N, N , Diethyl P
PhenyleneDiamine) Method on a sample at a temperature oft'Nenty degrees eentigrade
(2Q °C) in eonformanee with 40 C.F.R., Part 136, as amended.
City: The City of Englewood, Colorado, or designee, including the Supervisory Committee
for the Littleton-Englewood Wastewater Treatment Plant.
Code: The Code of the City of Englewood, commonly known as the Englewood Municipal
Code of 2000, as amended.
Colorado Discharge Permit System (CDPS): The State of Colorado program for issuing.
conditioning, and denying permits for the d ischarge of pollutants from point sources into
waters of the State pursuant to Section 25-8-101 et seq., CRS, 1973 as amended and 402 of
the Clean Water Act (33 U.S.C. Section 1342).
Composite Sample: 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
may be approved by the City if flow-proportional sampling is not feasible including where
flow metering is not feasible.
Control Authority: The City of Englewood.
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Cooli ng Wa ter : The wate r fr o m a ny use s uch as a ir co nditi o nin g, coolin g o r re fri gerati o n, o r
to w hi ch the o nl y po llut ant add e d is heat.
Dai Iv A!axjmum; T he a rithm e ti c average of a ll e fflu e nt sam p les fo r a pollu ta nt co ll ected
durin g a ca lendar d ay as d e te rmi ned fr o m th e a nal vs is of an y di scre te o r co m pos it e d sa m p les
co ll ected
Dailv A/aximum Li mit T he m axi mum a ll owabl e d isc harge limit ofa po llut ant dur ing a
cale ndar day. Whe re D ail v M ax imum Limits a re ex press e d in te rm s ofa concentrati o n th e
d a ily d ischa rge is th e a ri thm eti c average m easure m e nt o f th e po llut ant co ncentration de ri ved
fr o m a ll measure m e nts take n th at d ay .
Depar tment of Uti li ties: Th e De partm e nt w hi ch is re spo ns ibl e fo r th e o perati o n and
m a in te n ance of th e wastewate r co ll ecti o n syste m .
Direc t Discharge : T he di s ch arge of treated o r untreate d wastewate r directl y to th e wate rs of
the S tate of Colorado.
Director: The Director of Utilities for Eng lewood or h is/her authorized representative or
des ignee, respectively.
Director's Order: Any order to a user by the Director.
Disc harge Rate: T h at vo lum e o f e fflu e nt fr o m a user o r disch arge r w hi ch has bee n
d e te rmined by th e C ity to be re prese nt ati ve of th e pro cess e fflu e nt fr o m th at pl ant. Such
effl ue nt wi ll be based up o n m e te red wate r usage unl ess, in th e o pini o n of th e C it y, si g nificant
amoun ts of wate r a re d ive rt ed and no t di scharged int o th e wastewate r treatm e nt syste m .
Domest ic (Sani tary) Was tes: Liq u id wastes: 1) fro m th e no ncomm e rc ia l preparati o n, cook in g
and hand lin g of food , o r 2) cont a inin g hum a n excrem e nt and s imil a r m att e r fro m th e sani tary
conve ni e nces o f d wellin gs, co mm e rc ia l buildings, industri a l fac iliti es . and in s tituti o ns.
Environmental Protect ion Agency (EPA): T he U.S. Env iro nm e nta l Protecti o n Agency. o r
w he re ap propriate , th e te rm m ay a lso be used as a d esig na ti o n fo r th e A dmini s trato r o r o th e r
dul y auth o ri zed o ffi c ia l o f said Agency .
Exis ting Source: A n industri a l user w hi ch is in o p erati o n at th e tim e of p ro mul gati o n o f
Federa l Categorical Pretreatm e nt Sta nd ard s a nd any indu stri a l user no t in c lu ded in the
d e finiti o n of"new so urce".
Fecal Co liform: A ny numbe r o f organi s m s comm o n to th e inte stin a l tract of hum a ns a nd
a nim a ls w hose prese nce in sanita ry sewage is a n indi cato r of p o llu t io n.
Flow: Vo lu me of wastewater.
FOG (Fa ts, Oi l and Grease): Non-pe tro le um o rgani c po la r c o m pounds d e ri ve d fr o m anim a l
o r pl ant sources s uc h as fa ts , no n-h y d rocarb o ns , fat ty ac id s, soaps, waxes, a nd o il s th at
co nta in multipl e carbon cha in tri g lycerid e m o lecul es. The se s ub s ta nces a re de tec tab le a nd
m easu rab le us in g ana ly ti cal p roced ures esta bli s he d in th e 40 C FR 13 6.
FOG Facilities: Any no n-d o m esti c di sc hargers located w ithin th e C it y 's serv ice a rea w he re
preparation, m a nu fac turin g , o r process in g of food occurs in c lu d in g, but not lim ited to ,
resta ura nts , cafes, fas t foo d o ut le t s , p izza o utl e ts , de licatesse ns, sandwich shops, coffee
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shops, schools, nursing homes, and other facilities that prepare, service, or otherwise
make foodstuff availab le for consumption.
Garbage: Solid wastes from the domestic and commercial preparation, cooking and
dispensing of food , and fr o m the commercial handling, storage and sale of produce.
Garbage , Properly Ground or Shredded: The wastes from the preparati o n , cooking and
dispensing of foods that have been ground to such a degree that all particles will be carried
freely under the flow conditi o ns normally prevailing in public sewers, with no particles
greater than one-ha! finch (Yi") in any dimension.
Grab Sample: A sample which is taken from a waste stream on a one-time basis with no
regard to the flow and over a period of time not to exceed fifteen (15) minutes.
Gravity Grease Int erceptor: A plumbing appurtenance or appliance that is installed in a
sanitary drainage system to intercept FOG (fats , oil and grease) from a wastewater disch arge
and is designed for gravity separation considering calculated retention times and volumes for
each facility; such interceptors include baffle(s) and a minimum of two (2) compartments.
This is a large , in-ground intercepto r that is generally located outside the facility.
Holding Tank Sewage : Any wastewater from holding tanks such as vessels, chemical toilets ,
campers, trailers, septic tanks, sealed vaults, and vacuum-pump trucks .
Hydrom echanical Grease Int erceptor: A plumbing appurtenance or appliance that is installed
in a sanitary drainage system to intercept FOG (fats, oil and grease) from a wastewater
discharge and is identified by flow rate , and separation and retenti o n efficiency. The design
incorporates air entrainment, hydromechanical separation, interior baffling, and/or barriers in
combination or separately. This is a smaller interceptor that is generally located inside the
kitchen/food pre paration area .
In compatible (Nonconventional) Pollutant: Any no ntreatable waste product, including
non biodegradable dissolved sol ids.
Indir ect Discharge: The introduction of pollutants into the POTW from any non-domestic
source regulated under Section 307(b), (c) or (d) of the Act.
Individual (Private) System or Wastewater Di sposa l System: 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.
Industrial: Of or pertaining to industry , manufacturing, commerce, trade or business, as
distinguished from domestic or residential.
Industrial Surcharge: 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.
Industrial Use r or Users: Any user who introduces wastewater from industrial processes not
to include sanitary wastes. The introduction of pollutants into the POTW from any non-
domestic source regulated under Section 307(b), (c) or (d) of the Clean Water Act whose
discharge is controlled under Section 5 of this Chapter or a source of indirect discharge.
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Industrial Wastes: The liquid or solid wastes from the industrial manufacturing processes.
trade, or business as distinct from sanitary wastewater.
Indu strial Wastewater Permit: The document or d ocuments issued to a Significant Industrial
User by the City in accordance with th e terms of this Chapter that allows, limits and/or
prohibits the discharge or pollutants or flow to the POTW.
Industrial Waste Survey· A questionnaire used bv th e Citv to identify and locate all possible
Industrial Users which might be subject to the POTW Pretreatment Program
In stantaneous limit: The maximum concentration of a pollutant or measurement of a
pollutant property allowed to be discharged at any time.
lme1jerence: A discharge which, alone or in conjunction with a discharge or discharges from
other sources , both:
(a) Inhibits or disrupts the POTW treatment processes , operations. or sludge
processes, use, or disposal; and
(b) Therefore, is a cause of violation of any requirement of the POTW's COPS
permit or of the prevention of sewage sludge use or disposal in compliance with
any of the following statutory/regulatory provisions or permits issued hereunder,
or any m o re stringent State or local regu lations: Section 405 of the Act; the Solid
Waste Disposal Act, including Title II commonly referred to as the Resource
Conservation and Recovery Act (RCRA); any State regulations contained in any
State sludge management plan prepared pursuant to Subtitle D of the Solid Waste
Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the
Marine Protecti o n, Research , and Sanctuaries Act.
Jackson Turbidity Uni ts (JTU): The measure of the optical properties of a sample which
causes light to be scattered and absorbed rather than transmitted in straight lines.
Local limit: Specific discharge limits and BMPs developed. applied. a nd enforced upon
Significant Industrial Users or Industrial Users issued a discharge permit by the City to
implement the general and specific discharge prohibit ions listed in 12-2-Sill,), ~
Englewood Municipal Code Local limits are Pretreatment Standards and are specified at 12 -
2-SLW!ll. ~ Englewood Municipal Code
Manager or Plant /lfanager: The plant manager of the Littleton-Englewood Wastewater
Treatment P lant or their designee responsible for the day-to-day implementation of the
industrial pretreatment program .
/lledical Wastes· Include certain radioactive wastes blood and body fluids potentiallv
infectious waste pathological waste hazardous waste waste pharmaceuticals and vaccines
shams trauma scene waste and any other waste determined to pose a suffic ient risk of
infectiousness as established by the Colorado Department of Public Health and Environment.
/lletro Wastewater Reclamation District: A political subdivision of the State of Colorado.
Specific requirements have been established for Industrial Users that discharge to the Metro
Wastewater Reclamation District's POTW (I 2-2-5(A)(2)(b)).
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New Source:
a. Any building. structure , facility, or installation from which there is (or may be) a
discharge of pollutants, the construction of which commenced after the
publication of proposed Pretreatment Standards under Section 307(c) of the Act
that will be applicable to such source if such Standards are thereafter
promulgated in accordance with that Section, provided that:
(1) The building, structure, facility , or installation is constructed at a site at
which no other source is located; or
(2) The building, structure, facility, or installation totally replaces the
process or production equipment th at causes the discharge of pollutants
at an Existing Source; or
(3) The production or wastewater generating processes of the building,
structure, facility, or installation are substantially independent of an
Existing Source at the same site. In determining whether these are
substantially independent , factors such as the extent to which the new
facility is integrated with the existing plant , and the extent to which the
new facility is engaged in the same general type of activity as the
Existing Source, shou ld be considered.
b. Construction on a site at which an Existing Source is located results in a
m o dificati on rather than a New Source ifthe construction does not create a new
building, structure, facility , or installation meeting the criteria of paragraphs (I)
or (2) above, but otherwise alters, replaces, or adds to existing process or
producti o n equipment.
c. Construction of a New Source as defined under this paragraph has commenced if
the owner or operator has:
( l) Begun, or caused to begin. as part of a continuous onsite construction
program :
(a) Any placement, assembly , or installati on of facilities or equipment;
or
(b) Significant site preparation work including clearing, excavation, or
removal of existing buildings, structures, or facilities which is
necessary for the placement, assembly, o r installation of New Source
facilities or equipment; or
(2) E ntered into a binding contractual obligation for the purchase of facilities
or equipment which is intended to be used in its operation within a
reasonable time . Options to purchase or contracts for feasibility,
engineering, and design studies do not constitute a contractual obligation
under this paragraph .
Non-Contact Cooling Water: Cooling water that does not come into direct contact with any
raw material , intermediate product , waste product, or finished product.
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Page 18 of 263
Non-Significant Industrial User: Any use r which d oes not meet the definition of a Significant
Industrial User, but is otherwise required by the City through permit. o rd e r or notice to
comply with specific provisions o f this C hapter and is so notified by the City.
Non-Significan t Categorical lndu rtrial User · Upon a finding that a Significant Industrial User
subject to categorical Pretreatment Standards never discharges more th an 100 ga ll o ns pe r dav
of tot a l categorical wastewater (excludin g sanitary. non-contact cooling and boil e r blowdo wn
was tewater unless specifically included in the Pre treatment Standards) the City mav
det e rmin e th e Industrial User a Non-Significant Categorical Industri a l User rather than a
Significant Industrial User ifthe conditions in 40 CFR Part 403.3(v)(2) are met
Nor mal Domestic Strength Wastewater: Wastewater, when analyzed in acco rd ance with
procedures established by the EPA pursuant to 40 CFR Part 136 , as amended, contains no
m ore than three hundred (300) mg/I ofTSS, fiv e hundred (500) m g/I of COD, and/or two
hundred (200) m g/I of BOD.
No rth American lndu strv Classification Svstem CNA !CSI · A standard us ed bv Federal
statistical agencies in c/assi&ing business es tablishm ents (or th e pwoose ofco//ecting.
analyzing and pub lishing statistical data relat ed to th e U.S. bus in ess economy issued by the
Executive Omce ofthe Pr es ident Office o(Management and Budget. as amended
One !'ear: One year shall mean three hundred sixty-five (365) days.
Pass Throu gh: A discharge which exits the POTW int o waters of the United States in
quantities or co ncentrations which , alone or in conjunction with a d ischarge or discharges
from o ther sources, is a cause ofa violation of any requirement of th e POTW's NPDES
permit (including an increase in th e magnitude or duration of a violation).
Person: Any individual. partnership , copartnership, firm, company , corporation, association ,
j o int stock company, trust , estate, governmental entity or any other le ga l entity , o r their legal
representatives, agents or assi g ns . This definition includes all Federal , State, and local
government entities.
Petrole um Oil, Grease and Sand (PO GS): Any hydrocarbon or petroleum product including
oils and greases, and /or sand , grit, gravel or any o ther aggregate .
pH: A measure of the acidity or alkalinity ofa solution , expressed in Standard Units (SU) and
is calculated by taking the logarithm of the reciprocal of the hydrogen ion concentration
expressed in m o les per liter of soluti o n.
POGS Facilities: Any non-domestic dischargers located within the City's service area where
work o r service is performed including automotive service. machine shops, automotive care
centers, a ut o body shops. car washes , or any other facility that generates sand , petroleum oil ,
grease or other petroleum product , g rit , gravel o r other aggregate that may discharge into a
wastewater collection system.
Pollutant : Any dredged spoil , solids , incinerator residue, filter backwash, sewage, garbage.
sewage sludge , explosives, munitions. medical waste, chemical wastes, corrosive substance,
bi o logical material, biological nutrient, to xic substance, radioactive material, heat,
mal o d oro us substance. wrecked or discharged equipment, rock, sand , slurry, cellar dirt ,
untreatable waste, or industrial , d o mestic, or agricultural wastes and certain characteristics of
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Page 19 of 263
wastewater (e.g ., pl-I , temperature, TSS , turbidity , color, BOD. COD, toxicity , or odor)
discharged into or with water.
Pollution: The man-made or man-induced alteration of the chemical, physical , biological , and
radiological integrity of water.
Pretreatment or Treatment: The reduction of the amount of pollutants , the elimination of
pollutants , or the alteration of the nature of pollutant properties in wastewater 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 l 2-2-5(B)(2)(a) EMC , unless allowed by an
applicable Pretreatment Standard.
Pre tr eatm ent Requirements: Any substantive or procedural requirement related to
pre treatment, other than a Pretreatment Standard imposed on an Industrial User.
Pretreatment Standard or Standard: Any regulation containing pollutant discharge limits
promulgated by the EPA in accordance with Sections 307(b) and (c) of the Act, which applies
to Industrial Users. This term includes prohibitive discharge limits established pursuant to -hl-
~ 12-2-5(8)(22 and includes local limits and Best Management Practices. In cases of
differing standards or regulations, the more stringent shall apply.
Process Wast ewater: Any water which , during manufacturing or processing, comes into
direct contact with or results from the production or use of any raw material , intermediate
product, finished product, by-product, or waste product.
Publicly Owned Treatment Works (PO TW): The treatment works as defined by Section 212
of the Act (33 U .S.C. § 1292) which is jointly owned, in this instance, by the cities of Littleton
and Englewood. This definition includes any devices or systems used in the collection,
storage , treatment , recycling, and reclamation of sewage or industrial wastes of a liquid
nature and any conveyances, which convey wastewater to a treatment plant. The term also
means the municipality as defined in section 502(4) of the Act, which has jurisdiction over
the indirect discharges to and the discharges from such a treatment works. For the purposes of
this chapter, POTW shall also include any sewers that convey wastewaters to the POTW from
Indirect Dischargers outside the City who are, by contract or agreement with the City, users
of the City's POTW.
Sand/Oil Int erceptor: A plumbing appurtenance or appliance that is installed in a sanitary
drainage system to intercept sand (or other aggregate) and petroleum-based oil and grease
from a wastewater discharge and are designed considering retention times, volumes in gallons
calculated for each facility , and gravity separation ; such interceptors include baffle(s) and a
minimum of two compartments.
Sanitary Sewer: A sewer which carries domestic and/or non-domestic wastewater or 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."
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Page 20 of 263
Septic Was te Receiving Fac ility (SIVR F): T he rece iv in g fac ility locate d o n th e
L itt le ton/Eng lewood W as tewate r Pl a nt's p ro pe rty d es ig na te d fo r receiv in g t ruc k ed a nd ha ul ed
se pt age in to the POT W.
Service Line (Pr ivate Sewer ): T he wastewate r coll ec tor lin e ex te nd in g from th e wastewate r
d isposal fac ili t ies of the pre mi ses u p to and includ in g th e connecti o n to the san itary sewer.
Shall, /V iii, J\lay: "Sha ll " a nd "will " are m a nd a to ry; "m ay" is pe rm iss ive.
Significant Industrial User:
a. A ll indu strial use rs s ubject to ca tegori ca l pre treatm e nt s ta nd a rd s un de r 4 0 C FR
403.6 a nd 40 CF R C ha pte r I, Subc h a pte r N; a nd
b. A ny o th er indu stri a l use r th at:
(I ) Di scha rges a n average of twenty -fi ve th o usand (2 5 .000) ga ll o ns per d ay or
m ore of p rocess wastewate r to th e POTW (e xcluding sanit ary , non-contact
coolin g a n d boi le r b lowdown wastewate r);
(2) Cont ributes a process waste s tream w hi c h m a kes u p to fi ve pe rce nt (5 %) or
m o re of th e average d ry weathe r hy d ra uli c o r o rgani c capac it y of th e
POTW treatm e nt pl a nt ;
(3) Is d esig na te d by th e C it y o n th e bas is that th e Industri a l Use r has a
reasona bl e po te nti a l fo r a d verse ly a ffe cting th e POTW's o perati o n o r fo r
v io la tin g a ny Pre treatm e nt Sta nda rd o r R e quire m e nt.
Significant Non -Compliance (SNC): A ny In d us tri a l Use r is in s ig nifi cant no n-compli a nce i f
it s v io la ti o n m eets o ne o r m o re o f th e fo ll owin g c ri te ri a:
a. C hro ni c v io lat io ns of wastewater di sch a rge l imits, d e fin e d he re as th ose in w hi c h
s ix ty -s ix pe rc en t (66%) o r m o re of a ll of th e m easure m e nt s take n during a s ix (6 )
m o nth p erio d exceed (by a ny m agnitu de) a num e ric Pret reatm e nt S ta ndard or
R e qui re m e nt , in c luding in sta nt a neou s limits , as d e fin e d by I 2 -2 -1 D ;
b. Techn ica l Re v iew C rit e ri a (TRC) v io la ti o ns , d e fin e d he re as th ose in which
thirty -three perce nt (33 %) o r m o re of a ll of th e m easure m e nt s fo r each p o lluta nt
param e te r tak e n during a s ix (6) m o nth pe ri o d e qu a l o r e xceed th e produc t o f th e
num e ri c Pre treatm e nt Sta nd a rd o r Re quire m e nt in c luding in sta nta neous limits, a s
de fi ned by 12 -2-1 D multipli e d by th e a ppli cabl e TRC (TRC = I .4 fo r B O D, TS S ,
fa ts , o il , a nd g rease, a nd 1.2 fo r a ll o th e r po lluta nt s except pH );
c . A ny o th e r v io la ti o n o f a Pre treatm e nt S tand a rd o r Re quire m e nt as d e fin ed by I 2 -
2-1 D (dail y m a ximum , lo ng -te rm average, in stanta neous limit , o r na rrati ve
s ta ndard ) that th e POT W de te rmines h as cau sed , a lo ne o r in combina ti o n with
o th e r di scha rges , int e rfe re nce o r pass-th ro ug h (including e nda ngerin g th e health
of PO TW pe rs o nne l o r th e ge neral public);
d. Any di scharge o f a po lluta nt th a t has ca use d immin e nt e nd a ngerm e nt to hum a n
health , we t fa re , o r th e e nv iro nm e nt o r has res ult e d in th e POT W 's exerc ise of it s
e m e rgency a uth o ri ty to ha lt o r prevent s uc h a di scharge;
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Page 21 of 263
e. Failure to meet, within ninety (90) days after the schedule date, a compliance
schedule milestone contained in a local control mechanism or enforcement order
for starting construction, completing construction , or attaining final compliance;
f. Failure to provide, within thirty (30) forty-five ( 45) days after the due date,
required reports such as baseline monitoring reports, compliance reports, periodic
self-monitoring reports, and reports on compliance with compliance schedules;
g. Failure to accurately report non-compliance ;
h. Any other violation or group of violations, which may include a violation of Best
Management Practices, which the POTW determines will adversely affect the
operation or implementation of the local pretreatment program .
Sludge: 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.
Spill or Slug Discharge: Any discharge at a flow rate or concentration , which could cause a
violation of the prohibited discharge standards in 12-2-5 B.,+ (filill or local limits specified at
12-2-5 B-±. LJll(ll A spill or Slug Discharge is any discharge of a non-routine , episodic
nature , including, but not limited to , an accidental spill or a non-customary batch discharge ,
which has a reasonable potential to cause interference or pass-through , or in any other way
violate any provision of this chapter, including discharges which exceed the hydraulic and /or
design of a users treatment system.
Standard Industrial Classification (SIC): A classification pursuant to the Standard Industrial
Classification Manual issued by the Executive Office of the President, Office of Management
and Budget, as amended.
Standard Specifications: The current specifications used by the City of Englewood in the
construction of public sewers.
State: State of Colorado.
State Wat ers: 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.
Storm Sewer: Publicly owned facilities by which storm water is collected or conveyed,
including, but not limited to any roads with drainage systems, municipal streets, gutters,
curbs , inlets, piped storm drains, pumping facilities , retention and detention basins, natural
and human-made or altered drainage channels, reservoirs, and other drainage structures.
Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any
form of natural precipitation and resulting from such precipitation, including snowmelt.
Supervisory Committee : The Committee is comprised of two (2) representatives each from
the City of Englewood and the City of Littleton. This Committee is responsible for
administrative and operational oversight of the Littleton-Englewood Wastewater Treatment
Plant , including implementation of the Industrial Pretreatment Program.
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Page 22 of 263
System Developmenl Charge : That charge assessed a ga inst new users of the wastewater
treatm ent system to finance capital improvement of th e wastewater treatm e nt system.
Tola/ Suspended Solids (TSS): The total suspended m atter, expressed in milli grams per Liter,
th at fl o ats o n the surface of, or is suspended in , water, wastewater, o r other liquids , and which
is rem ovable by laboratory filtering in accordance with proce dures approved in 40 CFR Part
136 , as amended.
Toxic Po//u1an1s : Any pollutant or combination of po llutants listed as toxic in regulations
pro mulgated by the Administrator of the EPA under the provisi o ns of section 307(a) of the
Act (33 U.S .C. § l 3 l 7(a)) or as otherwise listed at 40 CFR part 122 , appendix D .
Unpo /lu!ed Waler: 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 not be benefitted by discharge to the sanitary sewers and wastewater treatment
faci 1 iti es provided .
User: Any p e rs o n who contributes, causes or permits the contribution of wastewater into the
~
l "iscos ily: The pro perty of a fluid that resists intern a l fl ow by releasin g counteracting forces.
Wastewate r (Sewage): Liquid and water-carried industrial wastes and/or sewage from
res idential dwellings, commercial buildings, industrial and manufacturing facilities , and
instituti o ns , whether treated or untreated , which are contributed to the POTW.
Wastewater Control Permit: The document or documents issued to an industrial user or
group of users (who is not otherwise a Significant Industrial User) bv the City in accordance
with the terms of this Chapter that allows limits and/or prohibits the discharge or pollutants
or flow to the POTW.
Wastewater Treatment System , Wastewater U!ilily, or Was/ewa/er Sys/em: 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,
collecti o n 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 suppl y 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.
Wint er Quarl er Wat er Use: The lowest average d a il y a m o unt of water delivered during a
readin g pe ri od throug h the meter of the user during the following periods :
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Water Usage Peri ods for Computing Sewer Rates
Insid e City
Meter Reading Peri od
Bill Date
Cycle 03 !Nov. I st -May 10 Mar. I , or June I
Cycle 01 Dec. !st -Mid March Apr. I
K;ycle 02 Pct. !st -[Mid April Feb. 1, or May 1
Outside City -
Meter Reading Period
Bill Dates
June 1
July I
IAll water mete r consumption August 1
!numbers from water districts October 1 -May 15 Sept. 1
pther than Englewood Oct 1
Nov . 1
Dec. 1
Section 2. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 12 , Chapter 2, Section 2 , of the Englewood Municipal Code 2000, entitled
General Regulations , to read as follows
12-2-2: Genera l Regulations.
A. Supervision:
1. The City shall be responsible for th e management of the wastewater collection
system served by the City and all o f the property pertaining th e reto . The City
shall see that such system is kept properly cleaned and in good working order and
repair. The C ity shall ensure proper compliance with all loc a l, State and Federal
ordinances, statutes, laws, and regulati o ns for collection of wastewater and shall
perform a ll other duties in connection with such system as may be required .
2. The City shal l be responsible for the management of the Littleton/Englewood
Wastewater Treatment Plant and all of the property pertaining thereto. The City
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Page 24 of 263
s hall see that such system is kept properly cleaned and in good working ord e r and
repair. The City shall e nsure proper compl iance with a ll local, State and Federal
regulations for treatm ent and discharge of wastewater and shall perform a ll o ther
duties in connection w ith such system as may be requi red.
3. The C it y m ay a d o pt rul es a nd regulations in the respective areas of respons ibility
of utilities and wastewater treatment. jointly o r indi v idu a ll y. consiste nt with the
provisions o f this Chapter for th e administration of th e wastewater system . Rules
a nd regul ations adopted shall p e rtain to, but sh a ll not be limite d to , discharge ,
I imitati o ns , pretreatment require m e nts, standards for installati on of wastewater
lin es and services, and implem e ntati o n of standards promul gated pursuant to the
Act and as establish e d in thi s C hapter.
4 . The C ity shall ke e p such records a nd pre pare such reports concerning th e
wastewater utility . The C ity Manager shall keep th e City Counci l adv is e d of the
operatio ns , finan c ia l conditions and future needs of th e C it y and s h a ll pre p are
and s ubmit to the C ity Counc il , at least a nnua ll y , a report covering th e activities
of utili ties and wastewater treatment , including a statement of revenu es and
expenditures of th e preceding year.
5 . The C ity shall have th e power to formulate a nd pro mul gate directive s,
regul ati o ns , and orders impl e m e ntin g and consistent with th e provisions of this
C ha pt e r.
6 . The Ci ty shall coordinate w ith and prov id e a pprop ri ate oversi g ht of th e Industrial
Pretreatm e nt Program und er th e direct s upervis ion of th e m anager of thc
Littleton/E ngl ewood Wastewater Treatment Pl an t and as specified in secti o n 12-
2-5 of this Chapter.
B. Gen eral Sewer Use Requiremenls:
I . A ll wastewater shall be discharged to th e POTW except as provided here inafter.
2. It shall be unlawful to di scha rge fr o m any prem ises w ithin the C ity , o r int o any
area und e r the jurisdictio n o f the City, o r int o a district o r jurisdictio n under
contract with the City for treat ment o f sanitary sewage, into a nd up o n any public
hi g hway , stream , wate rc o urs e , or public place, o r int o a ny drain , cesspool, storm
o r private sewer, o r natural water o utl et, any sewage o r o th e r po llute d waters,
except where suitable treat m e nt has been prov id ed in accorda nc e with prov isions
of this C hapte r and local, State a nd Federal laws.
3 . It shall be unlawful fo r a ny person. in any way, to damage any property,
equipme nt o r appliance constituting o r being a part of th e C it y wastewater utilit y
or for a ny perso n t o trespass upon th e property of th e C ity , to tap any sewer main
or to make any connections th e rewith , to deposit a ny type of refuse int o
manh o les o r in any m ann er to inte r fe re with th e wastewater utility o r th e
property , e quipm e nt , m a nh o les, pipin g or ap pli a nc es o f th e wastewater collection
syste m and treatm e nt fac iliti es .
4. It s h a ll be unlawful for any Indu stri a l Use r to di sc harge no n-do m estic wastewater
in violation of Section 12-2-5 of thi s C hapter.
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Page 25 of 26 3
C. Discontinuance of Privy J 'au /ts, Cesspools , Septic Tanks and Outhouses:
1. Connection Required. All improvements now using privies, vaults , outside
toilets , cesspools, septic tanks, grease traps, leac h 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.
D. New Cons truction:
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 a/Temporary Toilet Facilities During Construc tion. During the construction
of any dwellings and improvements, temporary toilet facilities may be used in
accordance with the regulations of the Tri-County Health De partment 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.
E. Manhole Covers. No person shall open any sewer manhole without the permission of
the City.
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F. Spec ial Agree ment s and Co ntrac ts. N o st a te m e nt c o nt a in e d in this s e cti o n s ha ll be
co nstrue d as pro hibiting sp ec ia l writte n agreem e nt s be twee n th e POT W a nd a ny
ot he r pe rson a ll o win g indu s tri a l w aste o f unu s ua l s tre ng th o r c ha racte r to be admitte d
to th e POT W from any pa rt o r pa rt s o f such POTW, o r pe rs o n o r pe rsons li v in g
o uts id e th e bo undaries o f th e POTW, upo n su c h te rm s a nd c o nditi o ns a nd for such
pe ri o d s of time as may be d ee me d reaso n a bl e. H o w ever, n o s uc h agree m e nt with a
categori c al us e r shall all ow sta nd a rds le s s s trin gent th a n th e appli cabl e N a ti o na l
Categori c al Pre treatm e nt Standa rd .
G. Pr ohibited Connection s. It is unlaw ful for a ny pe rs o n , c o rp o ra ti o n, o r o th e r business
entity , either in person or through an agent , employ e e, or c o ntract o r to make, allow or
cause to be made any connecti o n to the POTW for th e purpo s e o f servicing pro perty
o uts id e th e bo undaries of th e POTW, e xce pt up o n re co mm e nd a ti o n o f th e City a nd th e
a pp rova l o f th e City C o uncil.
H . Pr iva te Was tewater Di sp os al :
1. Pri va te Disposal .
a . Pri o r to c o mm e nce m e nt o f c o nstructi o n o f a pri vate w aste wate r di s po sa l
syste m , th e owne r o r hi s agent s ha ll first o bta in w ritte n p e rmiss io n fr o m
th e C ity fo r submissi o n to th e He alth D e pa rtm e nt.
b . Th e o wner o r his a gent shall o p e rat e a nd m a int a in th e priva te w astewater
di s p o sal faciliti e s a t hi s s o le ex p e ns e and in c o mpli a nce with a ll Fed e ral ,
Sta te, and lo c a l la w s , rul es and regul a ti o ns.
c . N o state m e nt c o nt a ined in thi s s e cti o n s hall be c o n stru ed to int e rfe re with
a ny additi o na l re quire m e nts whi c h m ay be imposed by th e H e alth
D e pa rtment o r th e City.
d . The type , capacity, lo cati o n , and layo ut o f a n indi v idu a l wastewat e r
dispo sal sy stem shall c o mply with all standa rds o f th e H ea lth Depa rtment.
N o permit shall be issued for any individual wastewater disposal syste m
employ ing subsurface s o il abso rpti o n fac ilities where the area o f th e lo t
doe s not meet the regulati o ns impo s e d by th e H e alth D e partment and in no
event where the a re a of the lot is less than fifteen th o usand (15 ,000) square
fe e t.
e . The Health D e partm e nt sha ll be a ll o w e d to inspe ct th e w o rk unde r this
divi s io n at any stage o f co nstructi o n ; and , in a ny e vent , th e a pplicant for
th e pe rmit shall no tify th e Health D e pa rtm e nt whe n th e w o rk is ready for
fin a l inspe cti o n a nd be fo re a ny und e rg round po rti o ns a re c overe d . Th e
in s pe cti o n sh a ll be made within fo rt y -e ig ht (48 ) ho urs o f th e no tic e by th e
C it y, exclusive o f Saturday s , Sundays and legal ho lid ays .
Secti o n 3 . The C ity C o uncil o f th e C ity o f E ng le w oo d , Colo rad o he re by a uth o ri ze s
a m e nding Titl e 12 , C ha pte r 2 , Se cti o n 3 , o f th e E ng le wood Municipa l Cod e 2000, e ntitl e d
Fees and Charges , to read a s foll o ws :
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Page 27 of 263
12-2-3: Fees and Charges.
A. Purpose . It is the purpose of this section to provide for the pay ment of all POTW costs,
including costs of the City. The total annual cost of operation and maintenance shall
include, but need not be limited to , labor, repairs, equipment replacement, maintenance ,
necessary modifications, power, samplin g, laboratory testing and a reasonable
contingency fund. The charges will be based upo n the quality and quantity of user's
wastewater, and also upon the capital and operating costs to intercept, treat, and dispose
of wastewater. The applicable charges shall be as set forth herein.
B. 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 waste s 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:
I. The charge for sewage treatment shall be based on the gallonage of water
delivered to the premises during th e lowest water meter reading period fall in g
between October 1 and May 15 . This gallonage converted to an annual
equivalent and multiplied by th e annual rate per one thousand ( 1,000) gall ons
provides the annual treatment ch arge .
2. A charge for sewer collection system maintenance shall be established annually
by action of the City Counci l where premises a re served by the City collection
system. Where the C ity does not own and maintain the co llection system, the
City will collect charges for mainte nance of same only when authorized by the
terms of contract between the City and th e sanitation district.
3. Where water at any premises is taken through multiple meters , the charge for
sewage treatment shall be based on the gallonage of water delivered to the
premises through all of the meters during the appropriate water meter reading
period falling between October l and May 15 , or the sum of th e minimum
charges for each meter, whichever is greater. However, one ( l) bill for a ll
sewage treatment, composed of the sum of minimum charges for each meter
used , or a single quantitative charge for all sewage treatment may be issued in
the following cases :
a. Where water service is taken through a combinati o n of meters or through
meters on two (2) or more service pipes , if water serv iced through each
of such meters and serv ice pipes is delivered and used on the same
property for one general purpose , or the premises is a single enterprise on
an integrated holding of land , undivided by public streets, roads or
alleys; and
b . For each public school entity , even th oug h the meters may be situated on
separate properties.
4. Where water usage information is not available sewage serv ice 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:
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Page 28 of 263
l2 Months 3 Months 12 Months
~. Single-fami ly dwellings 14 2 1 83
~. Multi-family dwelling units 9 13 52
"' '" Mobile home units 5 8 52
kl. Commercial (by m eter size/capacity)
5/8 inch 19 129 11 6
:Y. inch 129 144 17 6
1 inch 149 73 1292
I Yi inches 97 14 6 584
2 inches 15 6 12 34 ~36
3 in ches 3 11 14 67 1,868
4 inches 487 730 12 ,920
6 inches 973 1,460 5,840
Normal usage by class w ill be checked by tabulation and averaging at least every five (5)
years to detect and adjust for changes in patterns of water usage.
5 . The minimum charge per year for sewage treatment serv ice, by customer class,
shall be a percentage of fl at rate charge, this amount representing the fixed
portion of o perati o n and maintenance (O&M) cost s.
6. Outside C ity customers wi ll be charged one hundred five percent ( 105 %) of the
amo unt charged inside City customers for simi lar service to compensate for
add iti onal infiltration from th e lo nger int erceptor lin es. This factor has been
included in the flat rate a nd minimum rate tables in subsect ion 8 9 below.
7 . Charges for serv ice to customers inside th e City limits shall be billed in quarter-
annual installments in advance. Charges for sewer o nl y serv ic e outsid e the C ity
may , at the discretion of the C ity , be billed a nnu a ll y where this would not
conflict w ith spec ial provisions of a connector's agreement. A ll bill s are due and
payable as o f the bi llin g date and become delinquent thirty (30) days after th e
b illin g date.
8 . User charges s h a ll be rev iewed annu a ll y and revised periodically to reflect actua l
treatment works O&M costs.
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Page 29 of 263
9. The fo llowing rates became effective January I , 20 11 :
Sewage Treatment Charge per I ,000 gallons $2.5243
Co llection System Charge per I .000 gallo ns $0.3362
T otal : $2.8605
SCHEDULE ! SCHEDULE II SCHEDULE Ill SCHEDULE IV
K:ustomer In City In C ity Outside City Outs ide C ity
K;lass C ity Sewers Dist rict Sewers District Sewers District Sewe rs
Bil led Quarterly Bi ll ed Quarterly Billed Annually Bil led Quarter ly
Flat Min . Flat Min. Flat Min. Flat M in. Rate Rate Rate Rate
Sing le
Family $60.19 1$54.75 1$53 .10 1$48.26 $222.47 $202 .57 $55.67 1$50 .69
!Dwelling
Multi
Fami ly $37.28 1$33 .94 1$32 .89 1$29.89 $138 . IO $I 25.43 $34.55 1$31.38
Per Unit
Mobile
Home $22.95 1$20 .85 1$20 .23 1$ I 8.43 $85.03 1$77.18 $2 1.28 1$19.34
Per Unit
K:ommercia l & Industr ial (by meter size)
5/8" $82.9 1 1$75.53 1$73 .29 1$66 .65 $307.47 $279.76 $76.89 1$69.98
Y." $125 .90 $11 4.56 1$111.1 2 $10 1. 15 $466 .64 $424 .4 1 $11 6.69 1$106.13
I " $208.76 1$189 .9 1 1$ I 84 .35 1$167.76 $774.04 1$704 . I 2 $193.53 1$176.06
I Yz" 1$4 17.46 1$379.94 1$368.50 $335.35 $1,548.05 $I ,408.2 I $387.05 1$352 .08
~" 1$669.15 1$609 .02 1$590.65 1$53 7.44 $2 ,480.59 1$2 ,257 .56 $620.19 1$564.43
13" 1$1,335 .57 1$1,2 15 .3 1 1$1, 17 8.83 1$1,072 .6 1 $4 ,950 .30 $4,505.42 $1,237.60 1$1, 126.38
14" 1$2 ,087 .56 1$1,899 .80 ~1 ,842.53 1$1,676.75 $7 ,738 .30 $7,042.05 $1,934.62 1$1, 760.54
kJ" $4 ,175.23 1$3 , 799.53 1$3 ,685 .00 $3 ,3 53.30 $15,477.11 $14,084 .05 $3,869.3 1 1$3 ,52 1.03
8" $6,634.22 1$6 ,037 . 16 1$5,838.08 $5 ,3 12.57 $24 ,593 .82 $22,380.32 $6,148.40 1$5 ,595.16
IO" $9 ,536.74 1$8 ,678.52 1$8,392.49 $7 ,637 .00 $35 ,353.79 $32 , 17 1.86 $8,838.39 1$8 ,043.12
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Minimum charges both inside and outside the City are ninety-one percent (91 %) of the flat
rate charge for the customer class involved.
I 0. All fees and charges listed under this Section 12-2-3, shall be subject to a
cumulative increase for the next three (3) years (2013 to 2015) as follows :
On January I , 2013 , the existing fees and charges shall be increased by the
amount of four percent (4%) above the January I , 2011 , fees and charges.
On January I , 2014, the existing fees and charges shall be increased by the
amount of four percent (4%) above the January I , 2013 , fees and charges.
On January I , 2015 , the existing fees and charges shall be increased by the
amount of four percent ( 4%) above the January I , 2014, fees and charges.
C. Sp ec ial Cas es :
R
.91
INW
tl65
~
I. A school operating on a nine-month (9) school year, which supplies
documentation to the City verifying the nine-month (9) schedule and which
applies for a nine-month (9) operating status, shall be billed seventy-six percent
(76%) of the charges which would normally accrue for similar usage by a
residential customer.
2. Industries, car washes and other establishments where summer irrigation water is
not significant or where seasonal business fluctuations are more significant than
irrigation usage shall be billed based on annual rather than winter period water
usage .
3 . 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:
.91 xNW
R-V 365 where:
= Annual delivery flow rate characteristics charge
= Readiness to serve portion ofO&M costs
= Customer's annual nonworking days
= Number of days in calendar year
= Annual volume charge for wastewater treatment
4. Other Cas es : 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 City based on reasonable estimates of projected flow.
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Page 3 1 of 263
D. Sig;?iflectnl Permitled In dus /rial Users:
SC
SC
~
8.34
I . Industries that are permitted as Significant Indu str ia l Use rs o r h ave been issu ed a
w astewater control p e rmit a nd tfiat discharge wastewater w ith BOD, COD and/or
TSS in excess of Normal D o m estic Strength Wastewate r ( 12 2 11 , B.31
12 -2-1 CD)) w ill be charged for the cost of handling treatment of these wastes
calcul ated based up o n th e n e t excess loadin g . The u se of s urc h arges does n o t
permit the User to o th erwise exceed any local limits specified at 12 -2-+-l-;--G
~· or Federal and State Pre treatm e nt Standards.
2. The C it y shall re quire p ayme nt to cover th e added cost s urcharge of handling and
treatin g th e wastes as d e te rmin e d by the fo ll ow in g formula :
F Q x 8.34 [UCo (AOD) + UCs (SS -3 00)]
F an nu a l s urc h arge in d o ll ars a nd cents
I= vo lum e of sewage discharged to th e public sewer in million gall o n s per year
F conversion factor: I ga ll on of water to p ound s
UCG g1== unit charge for AO D in d o ll a rs p e r po und ($0.02)
(i) IfCOD I BODS is less than 3.0, then AOD=(BODS -200 m g/I)
(ii) If COD I BODS is g reater th an 3.0, th en AOD=(COD-SOO mg/I)
IAOD I= Add iti o nal Oxygen D emand stre ngth index in milligram s per lite r
too I= C h e mi cal oxygen demand stre n gth index in milligrams per lit er
aoos e: S day biochemical oxygen demand s trength index in milligrams per lit e r
ucs~ I= µnit charge for SS in dollars per po un d ($9,+G Q..11)
SS F s u spended so lid s strength ind ex in milli g rams p e r lite r
1200 I= n o rmal BODS stre ng th in milli gram s per lit e r
1300 F 1ormal SS strength in milli gram s p er lit er
soo F M rm a l COD strength in milli gram s p e r lit er
The app li cati on of the above form ul a prov id es fo r a surc ha rge fo r BOD, COD a nd/or TSS. If
th e c o ncentration of these pollutants is less than that of o rmal D o mestic St re n gth Waste, the
User shall n o t receive a surcharge n o r g iven a credit to th e tot a l surcharge.
3. Pay m e nt rates sh a ll be com puted for IC R customers based on th e following b as ic
cap it a l costs of the Bi City plaAt POTW :
Q (Vo lum e): $1,386.83 p e r 1,000 gall o n d ay of capacity
BOD : $91.86 p er pound day of capac ity
SS: $I OS .63 per pound d ay of capaci ty
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4. Spe cifi c indi v idu a l ra tes will b e ca lc ul ate d based o n th e vo lum e s tre ng th a nd ra te
of fl o w in acco rd ance w ith c urre nt Fed e ral g uid e lin es .
Adj ustm ents to indi v id ua l rates w ill be m ad e annua ll y o r m o re fr e qu e ntl y,
w he never ev id e nce is received th at a m ajor ch ange in wastewater vo lum e a nd/o r
ch aracte ri st ics has occurre d . Pay m e nt wi ll co mm e nce w ithin o ne (I ) yea r o f th e
d ate of initi at io n o f serv ice th ro ug h th e Bi C ity plaAt PO T W .
~ Indu stri a l Use rs id e ntifi ed fo r in c lu s io n int o an app li cabl e Secto r Cont ro l
Program may be ch arged fo r th e costs in curre d by th e Ci ty fo r re -inspect io ns due
to fa ilure to co rr ect no n-co mpli a nces o r v io lati o ns id e ntifi e d durin g a sector
co nt ro l in s pecti o n A fee o f $ I 00 m av be as sessed fo r each in specti o n req uire d
until com p le ti o n o f v io lat io n re m edy.
§,. Sanitati o n Distric ts m av be char ged fo r th e cost in curred by th e C it y fo r
in spectin g Indu stri a l U se rs in c lud e d in o r a dd e d to b ase d o n inspecti o n res ult s
th e C ity 's Fa ts Oil and Grease CFOG) or Pe tro le um Oil G rease a nd Sand
(pOGS) S ecto r Cont ro l Proo ra m T he Ci tv m av cha rge $50 per in specti o n fo r
fac iliti es contributin g waste w ate r to th e POTW fr o m locat io ns o uts ide of th e C itv
bo unda ry
E. Res toration of Se rvice. Sewer serv ice s ha ll no t be resto re d until a ll charges, in c luding
th e ex pe nse o f te rminati o n and cha rge fo r restorati o n o f serv ice, have been pa id .
F. Co llec t ion Procedures:
I . Charges Respons ibility o/Oivner : A ll fees an d c harges s ha ll be cha rgeabl e
aga in st and paya bl e by th e own e r o f th e pre mi ses re ceivin g sewer serv ices.
2. Per iodic Billing S tatements:
a. T he C ity s ha ll ca use billings fo r waste wate r treatm e nt a nd/o r wate r cha rges
to be re nd e re d pe ri o dic a ll y at rates esta bl is he d .
b. B illin gs fo r ch arges and a ny o th e r no tic es s ha ll be effecti ve up o n m a ilin g
said billing o r no ti ce to th e las t kn own address o f th e user as s hown o n City
reco rds .
c. Servi ce cha rges p rov id e d in thi s C ha pt e r s ha ll be bill e d and pa id in full
w ithin thirty (3 0 ) d ays fr o m date of billing. Parti a l pay m e nts m ay be
a pp rove d by th e C ity Manager o r d es ig nee o n a case by case basis p rov id ed
th a t th e t o ta l bill s ha ll be pa id in full no m ore th an three m o nth s a ft e r th e
o ri g in a l billin g d ate . T he C ity M a nage r o r d es ig nee s ha ll d eve lo p po li c ies
th a t set forth th e co nditi o ns unde r which a pa rti a l pay m e nt pl a n m ay be
g rante d . The C ity s ha ll bear no res po ns ibility to p rov id e th e c usto m e r with
any kind o f re mind e r no ti ces. If the pay ment a rran ge m e nt is no t ke pt. a ll
a ppli ca bl e late fee s a nd pe na lti es s ha ll a ppl y.
d . If sew e r rates a re c hanged o r tt5er5 c us to m e rs in s titut e o r termin ate se rv ice
o th er th a n o n esta bli s he d billing d ates. th e bill sha ll be prorated.
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Page 33 of 263
3 . Whe n pay m e nt of C it y utility servi ces is received , th e C ity s ha ll a ppl y sa id
p ay m e nt to sati sfy a ll s to rm wate r e nt erpr ise fun d c ha rges fir s t, a ll c o n cre te utility
fun d charges second , a ll sanita ry sewer fun d c ha rges s ha ll be sat is fi ed next. a nd
lastl y , wate r fund c ha rges sha ll be sati s fi e d , in th a t o rd e r.
G . Del inquen cy and Col/eel ion :
I . Fees a nd c ha rges levied in accord a nce w ith thi s C ha pt e r s ha ll be p aid w ithin
thirty (30) d ays fr o m th e d a te o f billin g to th e C ity . If th e bill is no t pa id w ithin
thirty (30) d ays a ft er billing , it sh a ll be d eem e d de linque nt , w he re up o n a
d e linque ncy ch a rge no t to excee d th e a m o unt of fi fteen d o ll a rs ($15 .00) o r up to
fi ve pe rcent (5 %) pe r m o nth , o r fr act io n th e reof, no t to exceed a to ta l o ft went y-
fi ve pe rcent (25 %) of th e a mo unt due , w hi c hever is g reate r s ha ll be imposed fo r
coll ecti o n serv ices . In te rest in th e a m o un t of e ig hteen pe rce nt (I 8%) pe r year
s ha ll be c ha rged o n th e a m o unt due o nl y .
2. Non-pay m e nt. A ll sewer c ha rges a nd s urc ha rges, including , but no t limited to ,
coll ecti o n cha rges , pre treatm e nt cha rges , m o nitorin g c h a rges, sha ll b e a li e n up o n
th e p ro pe rty to w hi c h sewers a re connecte d fr o m th e d a te said c h a rges becom e
due until s a id cha rges a re pa id . T h e owne r of every struc tu re o r pre mi ses s ha ll be
li a bl e for a ll sewer ch a rges fo r users o n hi s pre mi ses, w hi c h li e n of li ab ility m ay
be e n fo rced by th e C ity by a c ti o n a t law to e n fo rce th e li e n . In case th e te na nt in
p ossessio n o f a ny pre mi ses sh a ll p ay th e sewer c h a rges, it sh a ll re li eve th e
landown e r fr o m s uc h obli gati o ns a nd li e n, but th e C ity s ha ll no t be re quire d to
seek pay m e nt fr o m a ny pe rson w h o m soever o the r tha n th e owne r fo r th e p ay m e nt
of sewer c ha rges. No c ha nge of owne rs hip o r occup a ti o n s ha ll affect th e
a ppl icat io n o f thi s s ub secti o n, a nd th e fa ilure o f a ny owne r to di s cover th a t he
purc hased pro pe rty agai nst which a li e n fo r sew e r se rv ice ex is ts sh a ll in no way
affect hi s li a bili ty fo r s uc h pay m e nt in full. S a id de linque nt pay m e nt s , a nd th e
lie n created th ere by , s ha ll be e n fo rced by assessm e nt up o n th e pro pe rt y a nd
p re mi ses so served a nd ce rtificati o n t he reof to th e County T reasure r fo r th e
co ll ecti o n unde r a nd in p urs ua nce as p rov id e d fo r in thi s Code.
H . Disc onneclio n Cla use:
I . T he C ity m ay d isconnect w ithin th e C it y o r c o nt ract a reas serv e d by the C ity fo r
acco un ts d e linque nt m ore than n inety (90) days. ot ice s ha ll be g ive n to last
k nown a d d ress of user o r o wn e r thirty (30) d ays p rio r to di sconn ec ti o n . A ll cost s
of di sconn ecti o n s h a ll be re paid a t th e tim e o f reconn ecti o n .
2. Whe n th e pre mi ses to w hich such serv ice is p rov id e d a re lo c a te d with o ut th e
limits of th e C it y, fa ilure to p ay th e ra tes a nd c ha rges fo r treatm e nt a nd di s posal
o f sa nitary sewage w he n du e s ha ll be cause fo r t he C ity C lerk to certi fy to th e
co un ty co mmi ss io ne rs of th e county in w hi c h said de linq ue nt user's pro perty is
locate d th e c ha rges due a nd unpa id , o n o r before Nove mbe r I of each year, a nd
th ereup o n a nd until pa id , th e s a m e s ha ll be a li e n up o n th e real pro pe rt y so served
by said sewerage syste m a nd s ha ll be lev ie d , certifi e d , received o r co ll ecte d by
s a le a nnua ll y fr o m year to year by th e p ro pe r coun ty o ffici a ls as a re general
taxes, a nd th e pro c eed s th e re fr o m re mitte d to th e C ity of Eng lewood ; prov id e d ,
th a t ifthe pre mi ses a re s upplied with C ity wate r serv ices, s uc h servi ce m ay be
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Page 34 of 263
shut off until such rates and charges for treatment and disposal of sanitary
sewage sha ll have been paid .
Section 4 . The C ity Council of th e City of Englewood , Co lorado hereby authorizes
amending Title 12 , Chap ter 2, Secti on 4 , of the Englewood Municipal Cod e 2000 , entit led
Privat e Se wers , Connections and Repairs, to read as fo ll ows:
12-2-4: Private Sewers, Connections and Repairs .
A. Buildings to Have Separate Connections. Each premises , properv or building(s)
situated on a premises or property in a manner which would all ow the premises or
property to be subdivided and the building(s) sold separately sha ll be served by a
separate serv ice connection directly to the nearest main without crossing other
adjoining premises or properties , and no con nection sha ll be made by extend in g the
service from one property , premises or building to another property , premises or
buildin g. Each separate building in a planned unit development shall have a separate
sewer service line. Exceptions to this requirement may be granted by the City Manager
or des ignee with the concurrence of the Water and Sewer Board up on a review of a
written request of the property owner , in which the property owner illustrates with both
written and graphic descriptions , why the exception should be granted. Existing
premises , properties or buildings which do not conform to thi s requirement may
maintain their serv ice connection configuratio ns unless and until such time , in th e
opinio n of the City Manager or designee with th e concurrence of th e Water and Sewer
Board , the service must be separated.
B. Old Private Se wers. Upon dem o lition of an ex ist in g structure or replacement of sewer
lin es , the use of exist in g or aging cast iron. clay tile or co ncrete sewer serv ice pipes will
not be permitted by the C ity at new buildings . The o ld sewer service must be replaced
from the building to the main with approved pipe. Owner/occupants of properties who
desire to replace a building with the intent to occ up y it th emselves may seek a variance
from the Water and Sewer Board ifthe existi ng pipe is found by Ut iliti es Department
in spectors to be in sound condition. Uti liti es Departm ent inspectors may require all
necessary tests to conclusively estab li sh th e condition of th e ex ist in g sewer serv ic e
pipe . Abandoned private sewe rs sha ll be plugged at the sewer main and at the user's
expense up on discontinuance of serv ice . The plug of the old private sewer must be
in spected and approved by the City. A plan rev iew and inspection fee will be charged
by the City. Ex istin g sewer sadd les or wye connections may be used for new sewer
services if approved by Uti liti es Department in spectors . If an abandoned sewer service
is not plugged at the main within thirty (30) days , th e City may perform th e
disconnection and may charge time and materials against the property e ith er through
the next regular quarterly water bill or by lien as provided in 12-1 D-2 EMC.
C. De s ig n and Construc ti on. The size , slope, alignment, and mater ials of construc ti on of a
private sewer, and the meth ods to be used in excavatin g , placing of pipe , jointing,
testing , and backfilling th e trench and a ll other work shall conform to the requ irem ents
of the Building and Plumbin g Code or other app licabl e codes , laws , rules and
regulations of Federal , State , and loca l entities.
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D. Private Lift Stations. Sewage lift stations shall be prohibited except in structures where
it can be clearly demonstrated to the satisfaction of the City Manager or his
representative that the sewer discharge pipe cann ot be located to allow gravity flow to
the public sewer. Sanitary sewage discharge from such structures shall be lifted and
discharged t o the sewer by means ofa sewage lift station that shall be located inside the
building to be served , which sewage lift station shall be owned, operated and
maintained by the user. Sewage lift stations may be located outside buildings only with
the approval of the Water and Sewer Board after submission of compelling evidence
that no alternative arrangement is or was possible. Outside building lift stations
approved by the Water and Sewer Board must have bo lt-down , gasketed lids , vents that
extend above the building roofline, and water tight containment structures with top , rim
elevations that extend at lea st six inches (6") above the rim elevation of the nearest
to ilet bowl. Furthermore, the property owner shall enter into an agreement with the
City of Englewood, which agreement shall bind the owner and all future successors and
assigns, whereby, should the lift station overfl ow, the City shall be held harmless and
indemnified against all State and Federal fines , penalties and legal actions.
E . In stallation 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
harm less for any loss or damage that may directl y or indirectly be occasioned by the
installati o n of the service line or the malfunction of any old private sewer.
The owner o f any property connecting to the POTW shall be respo nsible for the
maintenance of the serv ice 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 City,
have become damaged or d isintegrated 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. Permit Required. Before commencement of construction of a private sewage disposal
system, the owner shall first obtain a written permit signed by the City.
G . Connec tion Requireme nt:
I. The applicant for the p rivate sewer pe rmit shall no tify the City when the private
sewer is ready for inspect ion 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 C ity's representative .
2. The owner of any structure used for hum an 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
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(400') of the property line of th e property upon which the structure is located .
Such connection shall be m ade within ninety (90) days after no tice fr o m the City
is served on the owner of the property affected: provided. ho wever, that in the
event compliance with this Subsection causes severe economic hardship to said
pe rs o n, he/she may apply to the City for exemption from this Subsection. Such
applications shall state in d e tail th e circumstances which are claimed to cause
such economic hardship. Such exemptions shall o nly be granted to residential
use rs. shall not apply to other users , and shall be grante d o nl y for such time as the
d e monstrated hardship exists.
Service shal l be considered co mplete upon delivery of the notice to the owner of
the pro perty or by posting a copy of the notice on the property in questi o n in a
conspicuous place and by ma iling a copy of such notice, registered mail , to the
record owner of the prope rt y as discl osed and at the address shown in th e current
reco rds of the Arapahoe County Assessor.
3. If a public sewer is no t ava il a ble within four hundred feet ( 400') o f th e property
line o f the property upon which a ho use or building is lo cated , a pri vate 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 ofa 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 Subsectio n H2 above. In such event, after the
connection is completed, the pri vate sewage disp osal system shall be emptied ,
cleaned and filled with sand o r dirt .
5. It shall be unlawful for any perso n t o deposit or discharge , or to cause to be
d e pos it e d or discharged . to any wastewater collection facilities any solid o r liquid
waste unless through a connection approved by the City.
H . Damage to POTW. Any person who maliciously , willfully, or ne g li gently breaks,
d amages, destroys, uncovers , defaces. or tampers with any structure, appurtenance o r
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 and Se ction 12-2-5 for industrial users.
I. Septic Waste Fees and Charges. The wastewater or septic tank waste hauler permit fee
shall be o ne hundred dollars ($100.00). tlsef €~ for disposal of hauled wastewater
o r septage shall be~ nine cents ($9-06 0 09) per gallon.
J. New Cons tru ction Over Existing Sewer Service lines. If a property owne r wishes to
build a new, permanent structure over an existing sewer service line . whether the
structure is attached to an existing structure or unattached , the sewer service line shall
be rel ocated away from the new structure, or the service line will be replaced with pipe
material approved for use inside a building. If the location of an existing sewer service
line is unknown , it shall be the property owner's responsibility to determine , by
wh atever means necessary , the locati o n of the service line to the satisfaction of the City
o f Englewood.
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Section 5. The City Council of the City of Englewood. Colorado hereby authorizes
amending Title 12 , Chapte r 2 , Section 5 , of the Englewood Municipal Code 2000, entitled
Industrial Pretreatment Program , to read as follows:
12-2-5: Industria l Pretreatme nt Program.
A. General Provisions:
I. Purpose and Objectives. 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 non-domestic 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 of the Industrial Pretreatment Program are :
a . To prevent the introduction of pollutants into the Publicly-Owned
Treatment Works (POTW) that will interfere with the operation of the
system or contaminate the resulting sludge ;
b. 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 ;
c . To improve the opportunity to recycle and reclaim wastewaters and sludges
fr o m the system ;
d. To provide for equitable distribution among users of the cost of the POTW;
e . To provide for and promote the general health , safety and welfare of the
citizens residing within the City and connecting jurisdictions;
f. To enable the City to comply with its Colorado Discharge Permit System
(COPS) permit conditions, sludge use and disposal requirements, and
any other Federal or State laws to which the POTW is subject; and
g. To prevent adverse impacts to worker health and safety due to the
discharge of pollutants from industrial users.
2. Applicabilitv. The provisions herein provide for the regulation of Indirect
Discharge to the POTW through the issuance of permits , enforcement of
applicable requirements, user reporting. the setting of fees for the equitable
distribution of costs , and for other activities as defined in the Chapter. The
provisions herein shall apply to users of the POTW and to persons outside the
POTW who are , by contract or agreement with the POTW , users of the POTW.
a. Non-Domeslic Users. It shall be unlawful for any User to discharge any
domestic or non-domestic wastewater into any natural waterway , any
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surface draina ge, or in any area under the jurisdicti on of th e City . No
industrial wastewater shall be discharged to the POTW unless done so in
compliance with th e pro v isions of this Chapter and applicable County ,
State or Federal reg ulati ons .
b . Non-Domestic Discharges to th e Afetro Wastewater Reclamation Distric t.
Indu strial Users loca ted in the City of Englewood but discharging
wastewater that is ultim atel y trea ted by the Metro Wast ewa ter Reclamation
District shall comply with the Metro Wastewater Reclamati on District ,
Rules and Regulations , Governing the Operation , Use , and Services of the
System , June 2008 or the latest revision thereto. T he authority to
implement and enforce all Pretreatment Standards and Requirements has
been delegated to th e Metro Wastewater Reclamation District by the City
of Eng lewood .
c. Regulation of Users from Outside Jurisdic tions .
fB !fa User loca ted in another municipality . county, state , or other
jurisdiction contr ibutes wastewater to the POTW , the City shall enter
into an iAt ergo.,.emmeAtal agreement flGA-1 or addendum to an
ex isting Wastewater Connector 's Agreement with the contributing
jurisdiction pertaining to the implementation of pretreatment
responsibilities in compliance w ith the provisions of this chapter and
applicable Federal State or loca l laws rules and regulations.
f-8 Prior to eAteriAg iAto aA !GA , the Cit)' shall req1:1est the fo ll owiAg
iAformatioA from the eoAtrib1:1tiAgj1:1risdietioA:
W A deseriptioA of the q1:1ality aAd vol1:1me ofv•aste•Nater
diseharged to th e POTW by the eoAtrib1:1tiAgjurisdietioA;
fb1 AA im·eAtOF)' of all so1:1rees of IAdireet Diseharge loeated
withiA the eoAtributiAgj1:1risdietioA that are disehargiAg to the
POTW ; aAd
~ 81:1eh other informatioA as the City may deem AeeessaF)'.
f.B The IGA shall eoAtaiA the follow iA g eoAditioAs:
W A req1:1iremeAI for the coAtrib1:1tiAg jurisdictioA to adopt a
sewer 1:1se ordiAaAce or rnles which specifieally req1:1ire that all
ROA domestic 1:1sers shall be 1:1Ader thej1:1risdieti oA of this
Chapter for the p1:1rposes of implemeAtatioA aAd eAforceA1eAt
of PretreatmeAt 8taAdards aAd RequiremeAts ;
fb1 A req1:1iremeAI for the coAtrib1:1tiAgj1:1risdictioA to s1:1bmit aA
1:1pdated 1:1ser i1weAIOF)' OR at least aA aAA1:1al basis;
~ A provisioA speeif)'iAg that the City shall be delegated foll
respoAsibility for implemeAtatioA aAd eAforeement of the
pretreatmeAt program 1:1Aless otherv•ise agreed to aAd specified
iA th e IGA;
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f6j A requirement for the eontributing jurisdietion to provide the
City with aeeess to all information that the eontributing
jurisdiction obtains regarding effluent quantit)' and quality
from non domestie users;
fe1 Requirements for 1T1onitoring the eontributingjurisdiction's
diseharge; and
81 A provision speeif)'ing remedies available for breaeh of the
terms of the interjurisdietional agreement.
3, Responsibilitv ofthe Citv,
a, The City shall be respons ible for the day-to-day administration of the
Industrial Pretreatment Program and to insure proper compliance with all
local , State and Federal pretreatment regulations, The City may delegate
specific pretreatment responsibilities to the Supervisory Committee for the
Littleton-Englewood Wastewater Treatment Plant The City may delegate
through agreement specific pretreatment responsibilities to municipalities
sanitation districts or jurisdictions that contribute wastewater to the
Littleton-Eng lewood Wastewater Treatment Plant
b. The City shall attempt to notify in writing any User whom he/she has cause
to believe is subject to a National Categorical Pretreatment Standard or
Requirements, or other applicable requirements promulgated by the EPA
under the provisions of section 204(b) or 405 of the Act, or under the
provisions of sections 3001 , 3004, or 4004 of the Solid Waste Disposal
Act Failure of the City to so notify Users shall not relieve said Users from
the responsibility of complying with applicable requirements. It is the
responsibility of Significant Industrial Users to apply for and receive a
permit prior to discharge, whether or not the User has been identified and
formally requested to do so ,
c, If wastewaters containing any pollutant, including excess flow , or as
otherwise defined in this Chapter, are discharged or proposed to be
discharged to the POTW, the City may take any action necessary to:
(I) Prohibit the discharge of such wastewater;
(2) Require a User to demonstrate that in-plant modifications will reduce
or eliminate the discharge of such substances in conformity with this
Chapter;
(3) Require treatment, including storage facilities or flow equalization
necessary to reduce or eliminate the potential for a discharge to
violate this Chapter;
(4) Require the User making, causing or allowing the discharge to pay
any additional cost or expense incurred by the City for handling,
treating, disposing or remediation costs as a result of wastes
discharged to the wastewater treatment system ;
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(5) Require the User to apply for and obtain a permit ;
(6) Require tim e ly and factual rep orts from th e User responsible for such
discharge; o r
(7) Take such o ther action as may be necessary to m eet the o bjectives of
this Chapter.
d. In addition to the overall a uthority to prevent or eliminate discharges
through enforcement of Pre treatment Standards and Req uirem e nts . the City
of Eng lewood shall have the following authorities:
(I ) Enforcement: Take enforcement and issue fines a nd penalti es for
vio lations of this Chapter, including the failure of a User to apply for
a permit.
(2) Endangerment to /-l ea/th or IVe/fare of the Community: The City ,
after inform a l no tice to the affected User, may imm e di ate ly and
effectively halt or prevent any discharge of pollutants into any
natural waterway , surface drainage within the City, any area under
jurisdiction of the City , the POTW o f the City o r any wastewater
system tributary thereto, by any means available to them , including
physical disco nnecti o n from the wastewater system, whenever it
reaso nably appears that such discharge presents an imminent
endangerment to the health or welfare of the community.
(3) Endangerment to Environm ent or Treatment Works: The City , after
wfl.Hefl informal no tice to the discharger, may halt or prevent any
discharge of po llutants into any natural waterway , surface drainage
within the City , any area under jurisdiction of the City, the POTW,
wastewater system tributary thereto, by any means ava ilable to them.
including physical disconnecti o n from the wastewater system.
whenever such discharge presents or may present an endangerment
to the environment o r threatens to interfere with the operation of the
POTW .
(4) Compliance with Other Provisions of Chapter: The discharges
referred to above may be halted or prev e nted without regard to the
compliance of the discharge with other provisi o ns of this Chapter.
4. Disclosure o[/n(ormation and Avai/abilit v to th e Public. Except as o therwise
provided in this Section , all records . reports, data or o ther inform ati on supplied
by any person or User as a result of any disclosure re quired by this Chapter or
informati o n and data from inspecti o ns shall be available for public in s pecti o n.
These provisions sh a ll not be applicab le to any informat ion d es ignated as a trade
secret by the person supplying such information. Materials designated as a trade
secret may include but shal l n o t be limited to processes , operations. style of work
or apparatus or confidential commercial or statistical data. Any information and
data submitted by the User which is desired to be considered a trade secret shall
have the words , "Confidential Business Information ," stamped o n each page
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co nt a inin g such in fo rm ati o n. The Use r mu st d e mo nst rat e to th e sati sfacti o n o f th e
C it y th at th e re lease of s uc h in fo rm ati o n w o uld di v ul ge in fo rm ati o n , processes o r
m e th ods o f pro du cti o n e ntitl e d to p ro tecti o n as tra d e sec re ts o f th e Use r.
In fo rm at io n d esignate d as a trad e sec re t purs uant to thi s Sec ti o n s ha ll re m a in
co nfi de nti a l a nd s ha ll no t be s ubj e ct to public in s pec ti o n . S uch in fo rm a ti o n s ha ll
be ava il ab le o nl y to o ffi ce rs , e mpl oyees o r auth o ri zed re present ati ves o f th e C ity
c ha rg ed with impl e m e ntin g a nd e n fo rc in g th e prov is io ns of thi s C ha pte r a nd
p ro pe rl y id e ntifi e d re prese nt a ti ves of th e U.S . En v iro nm e nt a l Pro tecti o n A gency
a nd th e C ol o rad o D e partm e nt of Publi c H ea lth an d E nv iro nm e nt.
E fflu e nt d ata fr o m a ny Use r whe th e r o bt a in e d by se lf-m o nit o rin g , m o nit o rin g by
th e C ity o r m o n ito rin g by any St ate o r Fed e ral agency , sh a ll no t be cons id e re d a
t ra d e secre t o r oth e rw ise co nfid e nti a l. A ll s uch e fflu e nt d a ta s ha ll be avail a ble fo r
publi c in s pecti o n.
5. S tat e Requirements . Sta te re quire m e nt s a nd limitati o ns o n di scharges s ha ll a ppl y
in a ny case w he re th ey a re m o re s trin gent th a n a pplica bl e Fe d era l regul ati o n s o r
th ose esta bli s he d he re in .
6. PO TI V's Right o[Re vision. T he C ity can esta bli s h by o rdin ance m o re -s tringent
limitati o ns or re quire m e nt s o n di scha rges t o the POTW i f d eem e d n ecessary to
co mpl y with th e o bj e cti ves prese nt e d in Secti o n I 2-2-5 (A )( I ) of thi s C ha pt e r.
B. General Wastewa ter Pr ohi bit io ns and Limitati ons:
I . General and S pec i fic Prohi bitions. A Use r m ay no t int ro du ce int o a POTW a ny
po llut ant(s) w hich ca use pass-thro ug h o r int e rfe re nce. T hese genera l p ro hibiti o ns
a nd th e s pec i fi c pro hibiti o ns of thi s Sec tio n a ppl y t o each Use r int ro du c in g
po llu tants into a POT W w he th e r o r no t th e User is s u bj ect to o th e r Pre treatm e nt
Standa rds o r Re quire m e nt s. It sh a ll be unl aw ful fo r a ny Use r to di scha rge o r
d e pos it o r cause or a ll ow to be di scha rged o r d e posit e d into th e wastewate r
treatm e nt sy st e m of th e C ity a ny w astewate r which co nt a in s th e fo ll owin g :
a . Any "hazardo us w a ste" as d e fin e d in 40 C FR Part 26 1, unl ess s p ec ificall y
a uth o ri zed by th e POT W .
b . Any liquids, so lid s . o r gases w hi c h by reason of th e ir natu re o r qu anti ty
are , o r m ay b e, s uffi c ie nt e ith e r a lo ne or by interactio n w ith o th e r
s ub sta nces to cause tire o r ex pl osio n o r be inj uri o us in any othe r w ay to th e
PO T W or to th e o perati o n o f th e POTW. A t no tim e sh a ll two (2 )
s uccess ive readin gs o n a ny expl os io n hazard m e te r, at th e po int of
di sc harge into th e syste m (o r a t a ny po int in th e syste m ), be m o re th an fi ve
pe rcent (5%) no r a ny s in g le reading over te n pe rcent (10%) of th e Lo we r
Ex pl os ive Limit (L E L) of th e m e ter. F ire o r ex pl os io n hazard m ay a lso be
d e te rmin e d us in g fl as h po int co ncent rat io n, by cl osed cup m e th o d as
s pec ifi e d in 40 C FR Part 26 1.21. The fl ashpo int s hall no t be less th an s ixty
d egrees (6 0 °) Centi g rad e o r o ne hundre d fo rty d egrees ( 14 0 °) Fahre nh e it.
c . Solid o r v isco us s ub s tances w hi ch m ay ca use o bs tru cti o n to th e fl ow in a
sewer o r o th e r inte rfe re nc e w ith th e POTW.
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d . A ny w aste w ate r h av in g a pH less than 5.0 unl ess th e POTW is s pec ific a ll y
d es ig ne d to acco mm o d ate s uch wastewate r, o r waste w a te r h av in g any o th e r
co rros ive pro pe rt y ca pabl e o f causi ng d am age o r hazard to s tru ctures,
e quipm e nt and/o r pe rso nn e l o f th e PO T W .
e . A ny wa ste w a te r co nt a inin g to xic po llut ants in s uffici e nt qu antity , e ith e r
s in g ly o r by int eracti o n w ith o th e r p o lluta nt s , to cause pass-th ro ug h o r
int e rfe re nce.
f. A ny nox io us o r m a lo d o rou s liqu id s , gases, o r so lid s which e ith e r sing ly o r
by interacti o n with o th e r w as tes is s uffici e nt to prevent entry into th e
sew e rs for th e ir maintena nce a nd re pa ir.
g . A ny subs ta nce w hi ch m ay cause th e POTW's e fflu e nt o r an y o th e r pro du ct
o f th e POTW, s uch as residu es, s ludges , o r sc um s . to b e un s uit a bl e fo r
rec lamati o n a nd re use o r to int e rfe re with th e re cl a m ati o n p rocess w he re
th e POTW is purs uin g a re use a nd rec lam ati o n p rog ram . In no case s ha ll a
s ubstanc e di s ch a rged to th e POTW cau se th e POTW to be in no n-
compli a nce w ith th e slud ge use o r disposal crite ri a , g uid e lin es, o r
regulati o ns a ffec tin g sludge use o r di s posal.
h . A ny subs ta nce whi ch will cause the POTW to vi o lat e its C OPS pe rmit o r
the recei v in g w a te r quality st a nda rds .
1. A ny wast ewate r with o bj e cti o na bl e co lo r no t re m ovabl e in th e treatm e nt
p rocess, s uc h as , but no t limite d to , d ye wastes a nd vegeta bl e ta nnin g
so luti o ns .
j . Any po llut a nt s , including o xygen-de mandin g po llut a nt s (BOD, e tc .) which
will ca us e pass-throug h o r int e rfere nce.
k. R adi oacti ve wastes o r isoto pes of s uch a h a lf-life o r concentra ti o n th at th ey
d o no t m eet limits establi s he d by th e C ity o r o th e r regul ati o ns set fo rth by
th e Co lo rad o De pa rtment o f Publi c He alth and Env ironm e nt , S tate of
Colo rad o, in th e latest e diti o n of Rul es and R egul ati o ns Pertainin g to
R adi o logic a l Co nt ro l and a ny appli cable Fe d e ral regul ati o ns th at m ay
a ppl y.
I. A ny wastewate r hav in g a te mperature w hich will cause th e te mperature of
th e influ e nt to th e wastewate r treatm e nt pl a nt to exceed o ne hundre d fo ur
d egrees (104°) Fa hrenhe it o r fo rty d egrees (40°) Cels iu s a nd/or inhibit the
bi o log ica l a cti v it y in th e POTW.
m. A ny w a te r o r waste which cont a in s g rease o r o il o r a ny o th e r s ub s tances
th a t will so lid ify o r be co m e di sce rnibl y v is co us a t te mperatures be tween
thirty-two d egrees (32 °) Fahre nh e it (0 ° C el s iu s ) a nd o ne hundred fift y
d egree s ( 150°) Fa hrenhe it (65 .5 ° Ce ls iu s).
n . A ny wate r o r w aste co nt a inin g fr ee o r fl o ating o il and g rease, o r a ny
di s ch arg e co nta inin g a nim a l fa t o r g rease by -pro duct in e xcess o f tw o
hundre d (200) m g/L.
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o. Petroleum oil , non-biodegradable cutting oil or products of mineral oil
origin in amounts that will cause interference or pass-through .
p. Trucked or hauled wastes or wastewater, except at locations authorized by
the City that meets all Standards and Requirements established by the City.
q. Waters containing solids that have 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('/,") in any dimension.
r. Ammonia, nitrogen or substances readily converted thereto, in amounts
that would cause or contribute to pass-through or interference.
s. Pollutants which result in the presence of toxic gases, vapors or fumes
within the POTW in a quantity that may cause acute worker health and
safety problems.
t. Stormwater drainage from ground , surface, roof drains, catch basins,
unroofed area drains (e.g., commercial car washing faci liti es) or any other
source unless otherwise approved by the City. Specifically prohibited is the
connection of roof downspouts, exterior foundation drains, areaway drains ,
or other sources of surface runoff or ground water to a bui !ding sewer or
building drain which in tum is connected directly or indirectly to the City's
wastewater collection system. No person shall connect or discharge water
from underground drains, sump pump discharges , natural springs and
seeps, water accumulated in excavation or grading or any other water
associated with construction activities .
u. Any substance directly into a manhole or other opening in the POTW
unless specifically authorized by the City or as otherwise permitted under
this Chapter.
v. Liquid wastes from chemical toilets , and trailers, campers or other
recreational vehicles which have been collected and/or held in tanks or
other containers shall not be discharged into the POTW except at locations
authorized by the City to collect such wastes.
w. Wastes where such wastes have been collected and/or held in a tank or
other container and where such wastes fail to comply with any applicable
limitation set out in this Chapter.
Q,. Any water or wastewater from alkaline hydrolysis or other chemical
decomposition processes of human or animal tissues remains or bodies
without prior written approval from the City.
~ Medical wastes in amounts or concentrations that will cause a violation of
any one of the objectives included in 12-2-5CA)(l)
~ Anv water or wastewater associated with hvdraulic fracturing (fracking)
and drilling activities. without prior written approval from the City
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2. Wastewater Discharge Limitations. The Citv is aut horized to estab lish Local
Limits pursuant 40 CFR Part 403 5(c) It shal l be unlawful for any User to
discharge , deposit , cause , or allow to be discharged any waste or wastewater
which fai ls to comply with the limitations imposed by this Section.
Pollutant( I)
Arse ni c (As)
a. Dilution is prohibited as a substitute for treatment and shall be a vio lation
of this Chapter. Except where express ly authorized to do so by an
app li cable Pretreatment Standard or Requirement , no Industrial User sha ll
ever increase the use of process water, or in any other way attempt to dilute
a Discharge as a partial or complete substitute for adequate treatme nt to
ac hi eve comp li ance with a Pretreatment Standard or Requirement. The
City may impose mass limitati ons on Indu str ial Users which are using
dilution to meet appl icab le Pretreatment Standards or Requirements or in
ot her cases where the imposition of mass lim it at ions is appropriate .
b. No Significant Industrial User shal l discharge or cause to be discharged
wastewater that exceeds the fo ll ow in g local limit s at any tiffie for any
length oftiA'le: as specified in the industrial wastewater permit using th e
methods and procedures prescribed in 12-2-5(0).
Dailv M:oixim11m Limit (mg/L)
0.55
Cadmium (Cd) 0.30
Chromium-Tota l (Cr) 2.90
Chromium(V I) (Cr VI) 0.86
Copper (Cu) 3.94
Lead (Pb) 0.5 1
Mercury (Hg) 0.005
Molybdenum (Mo) 2.82
Nicke l (Ni) 2.66
Selenium (Se) 0.054
Silver (Ag) 0 .11 2
Zinc (Zn) 8.8
Benzene (2) 0.050
BTEX (2)(3) 0.750
(I) A ll pollutants are to be ana lyzed as total.
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(2) These pollutants and limits generally apply to wastewaters from the cleanup of
petroleum or gasoline underground storage tanks. In addition , the pollutants may
be required of other users or included in permits where sampling and analysis
indicate that the wastewater contains concentrations of these pollutants in excess
of the stated limits .
(3) This is the sum of measured concentrations for Benzene, Toluene , Ethyl benzene,
and Xylene.
c. All Users subject to a Categorical Pretreatment Standard shall comply with
all requirements of such standard , and shall also comply with any
limitations contained in this Chapter. Where the same pollutant is limited
by more than one ( 1) Pretreatment Standard, the limitations which are more
stringent shall prevail. Compliance with Categorical Pretreatment
Standards shall be the timeframe specified in the applicable Categorical
Pretreatment Standard.
d. The City may establish more stringent pollutant limits, additional site-
specific pollutant limits or additional Pretreatment Requirements when, in
the judgment of the City , such limitations are necessary to implement the
provisions of this Chapter.
C. Pretreatme nt and Monitoring Facilities:
I. Users shall provide wastewater treatment as necessary to comply with this
Chapter and shall achieve compliance with all Pretreatment Standards and
Requirements set out in this Chapter within the time limitations specified by
EPA , the State , or the City , whichever is more stringent. Any facility determined
by the City to be necessary for compliance or monitoring shall be provided ,
operated , and maintained at the User's expense. All treatment faci lities shall be
properly operated and maintained. Detailed plans describing such facilities and
operating procedures shall be submitted to the City for review, and shall be
approved before such facilities are constructed. The review of such plans and
operating procedures shall in no way relieve the User from the responsibility of
modifying such facilities as necessary to produce a discharge acceptable to the
City under the provisions of this Chapter. Any subsequent alterations or additions
to such pretreatment or flow-control facilities shall not be made without due
notice to and prior approval of the City .
2. The City may require Users to restrict their discharge during peak flow periods ,
designate that certain wastewater be discharged only into specified sewers,
relocate and/or consolidate points of discharge. separate sewage waste streams
from industrial wastestreams, and such other conditions as may be necessary to
protect the POTW and demonstrate the User's compliance with the requirements
of this Chapter.
3. The City may require any User discharging into the POTW to install and
maintain , on their property and at their expense, a suitable storage and flow-
control facility to ensure equalization of flow. An industrial wastewater permit
may be issued solely for flow equalization.
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4. Users with the potential to discharge flammable substances may be required to
install and maintain an approved combustible gas detection meter.
5. The City may require an Industrial User to install at the User's expense, suitable
monitoring facilities or equipment that allows for the representative sampling and
accurate observation of wastewater discharges. Such equipment shall be
maintained in proper working order and kept safe and accessible at all times.
6. The monitoring equipment shall be located and maintained on the Industrial
User's premises outside of the building unless otherwise approved by the City.
When such a location would be impractical. the City may allow such facility to
be constructed in the public street or easement area, with the approval of the
agency having jurisdiction over such street or easement, and located so that it
w ill not be obstructed by public utilities, landscaping or parked vehicles.
7. When more than one User is able to discharge into a common service line, the
C ity may require installation of separate monitoring equipment for each user.
When there is a significant difference in wastewater constituents and
characteristics produced by different operations of a single user, the City may
require that separate service lines and connections and monitoring facilities be
installed for each separate discharge.
8. Whether constructed on public or private property, the monitoring facilities shall
be constructed in accordance with the City's requirements and all applicable
construction standards and specifications .
9 . To fulfill the purposes of this Chapter, the City may order other Industrial Users
of the City's POTW to maintain records and/or install and maintain similar
facilities or equipment as described above.
IO. Industrial Users who discharge process wastewaters determined by the City to
contain pollutants necessitating continuous pH measurement to demonstrate
compliance shall , subsequent to notification by the City , install a continuous
recording pH meter as approved by the City. Such meter shall be installed ,
operated and maintained at the User's own cost and expense. Such records
generated by this meter shall be retained for three (3) years and shall be made
available to the City upon request.
11. If the City determines that an Industrial User needs to measure and report
wastewater flow, the User shall install an approved flow meter. Such meter shall
be installed , operated and maintained at the User's own cost and expense. Such
records generated by this meter shall be retained for three (3) years and shall be
made available to the City upon request.
D. Industrial Wastewater Permits:
I. Permits Required. All Significant Industrial Users proposing to connect to , or
discharge into any part of the wastewater system , shall apply for and obtain an
industrial wastewater permit prior to commencing discharge to the POTW. A
separate permit may be required for each User, building or complex of buildings.
The discharge of wastewater to the POTW without a valid permit from a
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Significant Industrial User shall be a violation of this Chapter as specified in
Section 12-2-5(0)(2). Such Users shall immediately contact the City and obtain a
permit for d ischarge.
~-Upon a finding that a Significant Industrial User subject to categorical
Pretreatment Standards never discharges more than I 00 gallons per day (gpd)
of total categorical wastewater (excluding sanitary non -contact cooling and
boiler blowdown wastewater unless specificallv included in the Pretreatment
Standards) the C ity may determine the Industrial User a Non -Significant
Categorical Industrial User rather than a Significant industr ial User if the
following conditions are met ·
ill The Industrial User prior to the Citv 's finding has consistently
complied with all applicable categorical pretreatment standards and
requirements·
ill The Industrial User annuallv submits the certification statement
required in 40 CFR Part 403 . l 2(q) together with an additional
information necessary to support the certification statement· and
ill The Industrial User never discharges anv untreated concentrated
wastewater
lJ,, Upon a finding that a Significant Industrial User not subject to categorical
Pretreatment Standards has no reasonable potential for adversely affecting
the POTW's operation or for violating anv Pretreatment Standard or
Requ irement. the Citv may at anv time on its own initiative or in response to
a petition received from an Industrial User determine that such Industrial
lJser is not a Significant Industrial \Iser
~ By request from a Significant Industrial User and at the discretion of the
City a Non-discharging Industrial Wastewater Permit may be issued to the
Significant Industria l User that requires specific controls and/or process
configurations to prevent the discharge of wastewater from specific process
operations or of specific pollutants to the POTW
2. Enforceabi/itv . Any violation of the terms and conditions of an indtlstrial ~
wastewater permit, failure to apply for a permit as required , or discharging without
a required permit shall be deemed a violation of this Chapter and subjects the
Industrial User to the sanctions set out in I 2-2-5(tJ). Obtaining an industrial
wastewater permit does not relieve a permittee of its obligation to comply with all
Federal and State Pretreatment Standards or Requirements.
3. New Users: Applying for an Industrial Wastewater Permit. Any User required to
obtain an industrial wastewater permit who proposes to begin or recommence
discharging into the POTW must apply for and obtain such permit prior to the
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beginning or recommencing of such discharge . The User shall file an Industrial g
Wastewater Discharge Application on forms provided by th e City containing the
information specified in l 2-2-5(D)(5). The completed application for the industrial
wastewater permit mu st be filed at least ninety (90) days pri o r to the date upon
which any discharge will begin o r recommence .
4. Existing Users: Applving for lnc/ustria/ Wastewater Permit Re issuance. A User
with an expiring industrial wastewater permit shall apply for a new permit by
submitting a complete permit application at least ninety (90) days pri or to the
expiration of the User's existing discharge permit. The User shall file an Industrial
g Wastewater Discharge Application on forms prov ided by the City containing the
inform a ti o n specified in l 2-2-5(D)(5). An Industrial User with an existing permit
th at has filed a complete and timely application may continue to discharge as
approved by the City throug h an administrative extension of the existing p e rmit.
5. f.!1dt1slrit1! Wastewater Permit Application Contents. In support of th e application.
the User shall submit, in units and terms appropriate for evaluation, the following
inform a ti o n:
ft f.de11tifj·i11g 1'-11fermt1.'ien.
fB The name of industry and address ofthe facility , mailing address if
different ;
f.!-1 The name of the operator and owner;
fJj Location of discharge if different from !he location address;
f41 Contact information ; and
W Description of activities, facilities, and plant production processes on
the premises.
b. E11vire11111e111t1l Permits. A list of any environmental control p ermits held by
or for the facility.
c. Descri-plien ef Opernlie11s.
fB A brief description of the nature, aYerage rate of production (including
each product produced by t)·pe. amount , processes, and rate of
production);
f.!-1 The ~tandard Industrial Classification(s) of the operation(s) carried out
b)' such User;
fJj A schematic process diagram. which indicates points of discharge to
the POTW from the regulated process:
f41 T)·pes of wastes generated;
W A list of all raw materials and chemicals used or stored at th e facility
which are, or could accidentally or intentionally be, discharged to the
PGTW;
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f61 Number of employees; and
f+1 Hours of operation, and proposed or actual hours of operation;
4-Time and DnTalie11 e-fDiseha1·ges.
e. The lecalien fer sa111131ir1g the wastewater dischargesfi"em the
tf.5er.
f.. Flew :'.kast1reme1~:. In formation showing the rneasured average
daily and ma1dmum daily flow , in gallons per day, lo the POTW
frorn regulated process strean~s and other streams, as n ecessal)',
to allow use of th e combined wastestrearn formula set out in 40
CFR Part 403.6(e). For New :Sources and nev• permitlees not
currently discharging, an estimate of flows may be used for
meeting the requirements of the Baseline Monitoring Report
required at 12 2 5(e)(2).
g . Afeasuremenl ~/Pel!ttta111s. For New :Sources and new
permittees not currently discharging , an estimate of pollutants
ma)' be used for meeting the requirements of the Baseline
Monitoring Report required at 12 2 5(e)(2).
fl-) The pretreatment standards applicable lo each regulated
~
P-j The results of sampling and analysis identif)'ing the nature
and concentration, and/or mass of regulated pollutants in
the discharge from each regulated process where required
b)' the standard or b)' the City;
fJ1 Instantaneous, daily ma1(imum and long term average
concentrations, or mass, where required, shall be reported;
f41 The sample shall be representative of daily operations and
shall be collected in accordance with procedures set out in
12 2 5(G), paragraphs l . and 2. Where the standard
requires compliance with a BMP or pollution prevention
alternative, the User shall submit documentation as
required by the City or the applicable standards to
determine compl ianc e with the standard; and
~ Analyses must be performed in accordance with
procedures set out in 12 2 5(G)(3).
fi. Cer1ijieatie11. A statement, revie'""ed b)' an authori20ed
representative of the In dustrial User and certified b)' a qualified
professional, indicating whether Pretreatment :Standards are
being met on a consistent basis, and , if not, whether additional
operation and maintenance (O&M) and/or additional
pretreatment is required for the Industrial User to meet the
Pretreatment :Standards and Requirements.
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r. AA)' other iAfurmatioA as may be deemed Aeeessar)' b)' the City
lo evaluate the permit applieatioA ,
j, Cemµlienee Schedule . lfadditioAal pretreatmeAI aAd lor O&M
will be required to Arnet the PretreatmeAt ~taAdards or
Require1fleAts , the shortest sehedule by whieh the Industrial User
will provide sueh additional pretreatment and /or O&M, The
eo1flpletioA date iA this sehedule shall Rot be later thaA the
eomplianee date established for the applieable pretreatA1ent
standard ,
k :lfJfJlieelien Sig11e/eries end Cer1ifieelie11s, All industrial
v1astewater permit applieations , iAdustrial user reports aAd
eertilieatioA statemeAts must be sigAed by aA authorized
representative of the User aAd eontain the applieable eertilication
statemeAt(s) iA 12 2 5(E)(e).
ft. !dentifving Faci/itv Information
ill The name of industrv and address of the facility mailing
address if different·
ill The name of the business operator and owner·
ill The designated signatory authority and designated facilitv
~
Q, Business Activities ,
ill Identification of industrial processes industrial categories
or business activities,
al A brief description ofoperations including materials used
products produced materials handling testing storage.
cleaning waste handlino and wastewater oretreatment·
ill The Standard Industrial Classification(s) or North
American Industry Classification System (NA ICS) of the
operation(s) carried out by such User:
ill Environmental Permits A list of any environmental
control permits held by or for the facility·
ill Facilitv operational characteristics including work days
work shifts number of employees and seasonal variations:
Lfil Planned or potential expansion ·
~ Water Suvvlv and Consumption
ill Water sources water bill information·
ill Water use distribution throughout facilitv:
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Q,, Sewer Connection Information
~ Raw Materials and Chemicals Used and Stored.
f. Eacilitv Infrastru c tur e and Site Diqgrams
ill Exterior Site Plans Int er ior building/D oo r plan plumbing
diagrams·
.!?.: Wastewater Discharge Inform ation
ill Method of wastewater discharge·
ill Wastewater discharge flow rates·
ill Wastewater mon it oring equipment and locations·
ill Characteristics of wastewater including pollutant
measurements·
h: Pro cess flow Diqgram.
L Generated Waste Handling Pro cedures
.L Wastewater Treatm ent Equioment and Operations
~ Control Plan for Soil/ Prevention
!. Anv other infonnalion as mqv be deemed necessarv bv th e Citv
to eva luat e th e permit qpplica!ion.
m. Certificalion A statement reviewed by an authorized
rep resentative of the Industrial User and certified by a qualified
professional indicating whether Pretreatment Standards are
being met on a consistent basis and if not whether additional
operation and maintenance CO&M) and /or additional
pretreatment is required for the Industrial User to meet the
Pretreatment Standards and Requirements
ill Comp li ance Schedule If additiona l pretreatment and/or
O&M will be required to meet the Pretreatment Standards
or Requirements the shortest schedule by which the
Industrial User will Provide such additional oretreatment
and/or O&M The completion date in this schedule shall
not be later than the compliance date established for the
applicable pretreatment standard A Compliance schedule
must be in accordance with I 2-2-5CE)(7)·
I!, Application Signatories and Certificaliom All industrial
wastewater permit app li cations industrial user repo rts and
certification statements must be signed by an authorized
representative of the llser and contain the applicable certification
statement(s) in 12-2-5CE)(6)(a)
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~ Any requests for a monitoring waiver (or a re newal of an
approved m o nit o rin g waiver for a pollutant neither present nor
expected to be present in the di scharge per Section 12-2-
S(E)( 1 )(e) of this chapter
6 . Industri al Wastewater Permit Issuance.
a. The City s ha ll issue a n industria l wastewater pe rmit to th e app li cant if th e
C ity find s th at all of th e fo ll owin g conditions are m e t :
( 1) Th e applicant has prov id e d a tim e ly and complete pe rmit applicati o n
to the man ager ;
(2) The proposed disch a rge by th e a pplica nt is in compli a nce with th e
limitati o ns estab li s hed in thi s C ha pt er;
(3) The p roposed operati o n and discharge of th e a ppli cant would pe rmit
th e norm a l a nd effic ie nt o p erati on of th e POTW: a nd
(4) The proposed di scha rge o f th e ap pli cant would not result in a
vio lati o n by th e C ity of th e te rm s and co nd iti o ns of it s C OPS pe rmit
o r ca use pass-throug h o r int e rfe re nc e .
b. If the City finds th a t th e condition set out in subsection 6.a.(2) of this
Sec ti o n is not m e t, th e C ity m ay , at th e ir discretio n, issue a n industri a l
wastewater pe rmit to th e ap plic ant ifthe conditions set o ut in subsections
6.a.(1), 6.a.(3) a nd 6 .a.(4) of this Section have b een m e t a nd if th e applicant
s ubmits , a nd th e C it y approves , a compliance sche dul e se ttin g o ut th e
m easures to be taken by th e applicant a nd th e dates th at such m easures will
be impl e m e nt ed t o in s ure compli a nc e w ith th e local limits. A t no time shall
a discharge be a ll owed to cause vio lati o ns of th e General and Specific
Prohibitions estab li s hed in I 2-2-S(B)( I) no r s ha ll th e fin a l compli a nce d ate
for a categorical s tandard be exte nd ed .
7. Industrial Wa s tewater Perm it Denial and /-fearing.
a. In th e event an a pplicati o n fo r an industrial wastewater permit is d e nied ,
th e C it y s ha ll no ti fy th e applicant in writing of such d e ni a l. Such
notification s ha ll s tate th e grounds fo r such deni a l wi th th a t degree of
s pec ificity w hi c h will in for m th e ap plica nt of th e m eas ures o r acti ons
w hi c h mus t be taken by th e app li cant pri or to issuance o f a pe rmit.
b. Upon rece ipt of no tificati o n of denial ofa permit, th e app li cant m ay
request, and shall be grant ed , a heari ng to be he ld by th e C ity of
E ng lewood Water a nd Sewer Board. At such hearin g th e ap pli cant shall
have th e burden of esta bli s hing th at the co nditi o ns set o ut in I 2-2-5 (0)(6).
have bee n met and that a pe rmit should b e is s ue d .
c . The W ate r a nd Sewer B oard may conduct th e hear in g a nd take th e
evidence or m ay designate a re prese ntati ve to:
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(l) Issue in the name of the Water and Sewer Board notices of hearings
requesting the attendance and testimony of witnesses and the
production of evidence relevant to any matter involved in such
hearings;
(2) Take the evidence;
(3) Transmit a report of the evidence and hearing, including transcripts
and other evidence , to the Water and Sewer Board together with
recommendations for action thereon.
d. Testimony taken at any public hearing shall be under oath and recorded
stenographically. The transcript as recorded shall be made availab le to any
member of the public or any party to the hearing upon payment of the usual
charges there fore.
e . Upon review of the evidence by the Water and Sewer Board . the Board
shall make written findings of fact. Thereupon the board may issue an
order directing the City to issue an industrial wastewater permit, or
directing that such permit shall not be issued, or give such other or further
orders and directives as are necessary and appropriate.
8 . Industrial Wastewater Permit Conditions. Industrial wastewater permits shall be
expressly subject to all provisions of this Chapter and all other regulations , and
User charges and fees establ ished by the City. The conditions of industrial
wastewater permits shall be uniformly enforced in accordance with this Chapter
and applicable State and Federal regulations. An industrial wastewater permit
shall include such conditions as are deemed reasonably necessary by the City to
prevent pass-through or interference, protect th e quality of the receiving water,
protect worker health and safety , faci litat e sludge management and disposal , and
protect against damage to the POTW.
a. Indu strial wastewater permits shall contain , as appropriate:
(I) A statement that indicates the permit's issuance date, expiration date
and effective date;
(2) A statement that the permit is non-transferable ;
(3) Effluent limits, including Best Management Practices (BMPs), based
on applicable Pretreatment Standards:
(4) Self monitoring, sampling, reporting, notification, and record-
keeping requirements. These requirements shall include an
id entification of pollutants (or Best Management Practices) to be
monitored , samplin g location , sampling frequency , and sample type
based on Federal , State , and local law;
(5) A statement of applicable administrative , civil and criminal penalties
for vio lati on of Pretreatment Standards and Requirements, the
permit, this C hapter and any applicable compliance schedu le. Such
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schedule may not extend the time for compliance beyond that
required by app li cable Federal , State , or local law.
(6) Best Management Practices (BMPs) to control specific pollutants as
necessary to meet the objectives of this Chapter.
(7) Closure requirements for permitted facilities undergoing partial or
complete closure activities to ensure closure activities are completed
and wastes have been properly disposed and remaining access to
sanitary and storm sewers are protected.
(8) Requ irem ents to notify the City immediately of any changes at it s
facility affecting potential for a Spill or Slug Discharge and to notify
the POTW immediately in the event ofa slug. spill or accidental
discharge to the POTW ;
(9) Compliance schedules;
(I 0) Requirements to reapply for a new permit within ninety (90) days
prior to expirat ion of the existing permit ;
( 11) The General and Specific Prohibitions;
( 12) Additional monitoring to be reported.
LJll The process for seeking a waiver form monitoring for a pollutant
neither present nor expected to be present in the discharge in
accordance with Section 12 -2-S(E)())(e) of this chapter Any grant
of the monitoring waiver by the Citv must be included as a condition
in the permit
b. Industrial wastewater permits may contain, but need not be limited to, the
following conditions:
(I ) Limits on the average and/or maximum rate of discharge, time of
discharge , and/or requirements for flow regulation and equalization ;
(2) R eq uirements for the in sta l tali on of pretreatment technology ,
pollution control, or construction of appropriate containment devices ,
designed to reduce , e limin ate. or prevent the introduction of
pollutants into the treatment works;
(3) Requirements for the development and implementation of slug or
spill control plans or other special conditions including management
practices necessary to adequately prevent accidental , unanticipated.
or non-routine discharges ;
(4) Development and implementation of waste minimization plans to
reduce th e amount of pollutants discharged to the POTW:
(5) Requirem ents for installation and maintenance of inspection and
sampling facilit ies and equipment, including flow measurement
devices: and
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(6) Other conditions as deemed appropriate by the City to ensure
compliance with this Chapter, and State and Federal laws and
regulations.
9. Industrial Wastewat er Permit Duration.
a. Discharge permits shall be issued for a specified time period, not to
exceed five (5) years. A permit may be issued for a period of less than
five (5) years at the City's discretion or may be stated to expire on a
specific date. The terms and conditions of the permit may be subject to
modification and change by the City during the life of the pem1it , as
limitations or requirements as identified in this Chapter are modified and
changed pursuant to 12-2-5(0)(11) The User shall be informed of any
proposed changes in their permit at least thirty (30) days prior to the
effective date of change unless such change is initiated by a violation of
this Chapter. Any such change or new condition in the permit shall
include a reasonable time schedule for compliance or as otherwise
required by State or Federal regulations.
b. Where the City is establishing permit specific local limits, the permit
shall be public noticed for comment for thirty (30) days in a newspaper
of meaningful circulation. The City shall consider all comments that are
received and incorporate any comments as appropriate prior to issuing
the permit.
I 0. Industrial Wastewater Permil Transfer. Industrial wastewater permits are issued
to a specific User for a specific operation. No permit shall be reassigned or
transferred 6f-5eM to a new owner, new user, different premises or a new or
changed operation. Permits may be transferred to a new owner or operator only
ifthe permittee gives at least 30 days advance notice to the City and the Citv
approves the permit transfer. The notice to the City must include a written
certification by the new owner or operator which·
!!. States that the new owner and/or operator bas no immediate intent to
change the facility 's operations and processes·
~ Identifies the specific date on which the transfer is to occur· and
~ Acknowledges full responsibility for complving with the existing permit
I I. Industrial Waslewaler Permit Modification. The City may modify an industrial
wastewater permit for good cause, including, but not limited to , the following
reasons:
a. To incorporate any new or revised Federal, State, or local Pretreatment
Standards or Requirements;
b. To address significant alterations or additions to the User's operation,
processes, or wastewater volume or character since the time of the
industrial wastewater permit issuance;
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c. A ch a nge in th e POTW th a t re qui res e ith e r a te mpora ry o r pe rm a ne nt
reducti o n or e li m in a ti o n of th e a utho ri zed d isc ha rge;
d. In for m at io n in dicati ng that t he pe rm itt ed di sch a rge poses a threat to th e
POTW, C ity personne l. or th e receiv in g wat e rs;
e. Vi o la ti o n of any te rms or condi t ions of the ind ustri a l wastewate r pe rmit ;
r. Mi s re prese nt a t io ns o r fa ilure to full y di sc lose a ll re levant fac ts in the
industri a l wastewater pe rmi t a p p licati o n or in a ny req uired re po rtin g; o r
g. To c o rre ct ty p ographi cal o r o th e r e rro rs in the indu s tri a l waste w a te r pe rmit.
12. Industria l Was tewater Permit Revocation . A v io la ti on of th e cond iti o ns of a
p e nnit o r o f thi s C h a pte r o r o f a pp li cab le State a nd Fe d era l regul at io ns s ha ll be
reason fo r revocati o n o f s uc h pe rmit by the C ity. U po n revocat io n of th e pe rmit,
a ny wastewate r di sch a rge fr o m th e affec te d User s ha ll be con side re d p ro hibi te d
a nd ill egal. Gro und s fo r revocati o n of a pe rmit in c lu de, b ut a re not limite d to , th e
fo ll owin g:
a. Failure of a User to acc ura te ly di sc lose o r re po rt th e wastewate r
co nstitu e nt s a nd c haracte ri s ti cs o f th e ir di sc ha rge;
b. Fa ilu re of th e User to re po rt s ig nifi cant ch a nges in o perati o ns o r
wastewate r cons ti t ue nt s a nd ch a racte rist ics ;
c . R e fu sal of access to th e Use r's pre mi ses fo r th e purpose of in s pecti o n o r
m o nit o rin g;
d . Fa ls ifi cati o n of record s. re po rt s o r m o nit o rin g res ult s;
e. T a m perin g w ith m o ni to rin g eq ui pm e nt :
f. Vi o la ti o n of co nd itio ns of th e perm it:
g. Mi s re pre s e nt at io n o r fa ilure to full y d isc lose a ll re levant fac ts in th e
industrial wast ewater pe rmit a ppli cat io n;
h . Failure to pay fin es o r pe na lti es ;
1. Failure to pay sewer c ha rges;
j. Fa ilure to pay p ermit a nd sa mpling fees ; o r
k . Failure to m ee t compli a nce sc he dul es.
E. Reporting Requirements :
I . Periodic Compli ance Reports -A ll Sign i ficant Indu strial Users.
a. Except as speciU ed in Secti o n 12-2 -SC E )(l)(Q, Atty-~ Indu s tria l User
s u bj ec t to a Federal, Sta te , or C ity Pre treatm e nt Sta ndard o r Req uire m e nt
mu st , a t a fre que n cy d e te rmin ed by th e C it y s ubmit no less th a n o nce pe r
s ix (6) m o nth s. unl ess re qui re d m o re fr e qu e ntl y in th e pe rmit o r by th e
C ity , re po rt s indi catin g th e na ture, co nce nt rati o n o f po lluta nt s in th e
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discharge which are limited by Pretreatment Standards and the average and
maximum daily flows for the reporting period. In cases where the
Pretreatment Standard requires compliance with a Best Management
Practices (BMPs) or pollution-prevention alternatives, the User must
submit documentation required by the City or the Pretreatment Standard
necessary to determine compliance status of the User. All periodic
compliance reports must be signed and certified in accordance with 12-2-
5(E)(6)W.
b. All wastewater samples must be representative of the User's discharge.
Wastewater monitoring and flow measurement facilities shall be properly
operated, kept clean , and maintained in good working order at all times.
The failure of a User to keep its monitoring facility in good working order
shall not be grounds for the User to claim that the sample results are
unrepresentative of its discharge.
c. lfa User subject to the reporting requirement in this section monitors any
regulated pollutant at the appropriate sampling location more frequently
than required by the City , using the methods and procedures prescribed in
12-2-S(G), the results of this monitoring shall be included in the report.
d. The sampling and analyses required for the reporting outlined above may
be performed by the City in lieu of the permittee. Where the City itself
makes arrangements with the User to collect all the information required
for the report , the User will not be required to submit the report.
~ The Citv may authorize a Significant Industrial User subject to a
categorical Pretreatment Standard to forego sampling ofa pollutant
regulated by a categorical Pretreatment Standard if the Significant
Industrial User has demonstrated through sampling and other technical
factors that the pollutant is neither present nor expected to be present in the
discharge or is present only at background levels from intake water and
without any increase in the pollutant due to activities of the Industrial User.
This authorization is subject to the following conditions·
ill The waiver may be authorized where a pollutant is determined to be
nresent solely due to sanitary wastewater discharged from the facility
provided that the sanitary wastewater is not regulated by an
applicable categorical Standard and otherwise includes no process
wastewater
ill The monitoring waiver is valid only for the duration of the effective
period of the individual wastewater discharge permit but in no case
longer than 5 years The User must submit a new request for the
waiver before the waiver can be granted for each permit
ill In making a demonstration that a pollutant is not present the
Industrial User must provide data from at least one sampling of the
facilitv's process wastewater prior to any treatment present at the
facility that is representative of all wastewater from all processes
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ill The request for a monitoring waiver must be signed and certified in
accordance with Section I 2-2-5(E)(6)(a) of this chapter
ill Non-detectable sample results may be used only as a demonstration
that a pollutant is not present if the EPA approved method from 40
CFR Part 136 with the lowest minimum detection level for that
pollutant was used in the analvsis.
Lfil Any grant of the monitoring waiver by the City must be included as a
condition in the User's permit The reasons supporting the waiver
and any information submitted by the User in its request for the
waiver must be maintained by the Citv for 3 years after expiration of
the waiver
ill Upon approval of the monitoring waiver and revision of the User's
permit by the City the Industrial lJser must certify on each report
with the statement in Section l 2-2-5(E)(6)(d) that there bas been no
increase in the pollutant in its wastestream due to activities of the
Industrial User.
ill In the event that a waived pollutant is found to be present or is
expected to be present because of changes that occur in the User's
operations the User must immediatelv: Comply with the monitoring
requirements of Section I 2-2-S(E)( I )(a) or other more frequent
monitoring requirements imposed bv the City and notify the City
!21 Ibis provision does not supersede certification processes and
requirements established in categorical Pretreatment Standards
except as otherwise specified in the categorical Pretreatment
Standard.
L The Citv mav reduce the requirement for periodic compliance reports in
Section E( I )(a) to a requirement to report no less frequently than once a
year unless required more frequently in the Pretreatment Standard or by
the EPA where the Industrial User 's total categorical wastewater flow
does not exceed any of the following:
ill 0 QI percent of the POTW 's design dry-weather hydraulic capacitv
of the POIW or five thousand (5 000) gallons per day whichever is
smaller as measured bv a continuous effluent flow monitoring
device unless the Industrial User discharges in batches
aJ 0 0 I percent of the design dp1-weatber organic capacity of the
POIW· and
ill 0 .01 percent of the maximum allowable headworks loading for any
pollutant regulated by the applicable categorical Pretreatment
Standard for which approved wastewater discharge limits were
developed in accordance with Section 8(2)(b) of this chapter.
Reduced reporting is not available to Industrial Users that have in the
last two (2) years been in Significant Noncompliance In addition
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reduced rep o rting is not available to an Industrial User with daily
Dow rates production levels or pollutant levels that vary so
significantly that in the opinion of the City decreasing the reporting
requirement for this Indu strial User would result in data that are not
representative of conditions occurring during th e reporting period
2. Base line Monitoring Reports -Categorical Industrial Users.
a. Within either one hundred eighty ( 180) days after the effective date of a
Categorical Pretreatment Standard, o r the final administrative decision on a
category determination under 40 CFR Part 403 .6(a)(4), whichever is later,
existing Industrial Users subject to categorical Pretreatment Standards and
currently discharging to or scheduled to discharge to the POTW shall
submit to the City a report which contains the information listed in
paragraph b., below. At lea st ninety (90) days pri o r to commencement of
their discharge , New Sources, and sources that become Categorical
Industrial Users subsequent to the promulgati o n of a n applicable
Categorical Standard, shall submit to the City a report which contains the
information li sted in paragraph b ., below. A New Source shall report the
method of pretreatment it intends to use to meet applicab le Pretreatment
Standards. A New Source also shall give estimates of its anticipated flow
and quantity of pollutants to be discharged from regulated process streams
and other non-process streams .
b . Users described above shall subm it the information set forth below.
( 1) All information required in 12-2-5(0)(5).
(2) Measurement of pollutants .
(a) The User shall take a minimum of one (I) representative
sample to compile the data necessary to comp ly with the
requirements of this paragraph .
(b) Samples should be taken immediately downstream from
pretreatment facilities if such exist or immediately downstream
from the regulated process if no pretreatment exists. If other
wastewaters are mixed with the regulated wastewater prior to
pretreatment the User shou ld me asure the flows and
concentrations necessary to allow use of the combined waste
stream formu la in 40 CFR Part 403 .6(e) in order to evaluate
compliance with the Pretreatment Standards. Where an
a lt ernate concentration or mass limit has been calculated in
accordance with 40 CFR Part 403.6(e) this adjusted limit along
with supporting data shall be submitted to the City .
( c) Sampling and analysis shall be performed in accordance with
12-2-5(G);
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(d) Th e C it y may a ll ow the s ubmi ssi on o f a BMR whi ch utili zes
onl y hi sto ri ca l data so long as th e da ta prov id es in for mati on
suffi c ient to determin e th e nee d for in dust ri al pr etrea tm ent
meas ur es.
(e) Th e BMR shall indi ca te th e tim e, date, and pl ace o f sa mplin g
and meth ods o f ana lys is, and s hall ce rtify th at suc h sa mpl ing
and ana lys is is rep rese nt at ive of norm al wo rk cyc les and
expec ted po llut ant d isc harges to th e POTW.
(3) S ignature and Report Ce rt ificat ion. A ll Base lin e Monit orin g Re port s
mu st be s igned in acco rd anc e with l 2-2-5 (E)(6)!,fil and s ig ned by an
auth ori zed re pr esent ati ve as de fin ed in 12-2-1 (D).
3. 90-Dav Co mpliance Reports -Ca tegor ical Industria l Users.
a. New S our ces. A ll New Sour ces s ubj ect to ex istin g Cat ego ri ca l Pr etr eatm ent
Standard s shall submit a re port to th e City w ithin nin ety (9 0) days fr om th e
da te of fir st d isc harge to th e PO T W demonstra tin g ac tu a l and co ntinuin g
co mpli ance w ith those stand ards.
b. £'C isti ng Sources. A ll Exi stin g So urce s required to compl y wi th new ly
promul gated Ca tego ri ca l Pretr eatm ent St and ard s shall submit a re port to
th e Cit y within nin ety (90 ) days of th e date on w hi ch co mpli ance is
required w ith th ose stand ard s demonstratin g th at ac tu a l an d co ntinuin g
co mpli anc e w ith such stand ards has bee n ac hi eve d.
c. S uch 90-d ay Co mpli anc e Re port s hall cont a in at a minimum th e
in for mati on required in 12-2 -5(0 )(5) para graph s f., g., "1 ., i . aREI k g.J.Jr!.
and n.
4 . 24-Hour No tice and 30-Day Re-sampli ng. If samplin g per fo rm ed by a Use r
in d icates a vio lati on of thi s Cha pt er, th e User s ha ll noti fy th e City w ithin twe nty -
fo ur (24) hour s of beco min g awa re o f th e v io lati on. T he Use r sha ll also re peat th e
sa mplin g and analys is and submit the res ult s of th e re pea t analy s is to th e C ity
w ithin thirty (30) days a ft er becomin g a ware of th e v iolati ons. Fo r th e purnose s
of th is chapt er '"beco m ing awa re·' s hall be de fin ed as th e short est reaso na bl e tim e
to determin e compli anc e statu s not to exceed fi ve (5) days aft er rece ipt o f
sa mp ling data Th e Use r is not required to re-s ampl e if th e fo ll ow in g occ ur s:
a. Th e City perform s samplin g at th e Us er's fa cilit y at a fr equ ency o f at least
onc e per month .
b. The C it y per fo rm s sa mplin g at th e Use r's fa cility be twee n th e tim e when
th e Use r perfo rm s its initi a l sa mplin g and th e tim e when th e Use r rece ives
th e results o f thi s samplin g. It is th e so le res pons ibility o f th e Use r to ve ri fy
ifthe C ity has perfo rm ed thi s sa mpling.
5. Reports for Non -Significan t Industrial Users. Sh ould th e C it y dee m it necessal)'
to ass ur e compli ance with prov is ions of thi s Cha pt er, any Use r of th e POTW may
be re quired to s ubmit an Indu strial Was tewa ter Permit Appli cat ion In dustri a l
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Waste Survev or questionnaire to the City . Any User subject to this reporting
requirement shall submit a completed report no later than thirty (30) days after
receipt of the notification and appropriate forms.
6. Signatorv Certification.
~ All reports and other submittals required to be submitted to the City~
Significant Industrial llser including permit applications shall include
the following certification statement and signatOI)' requirements~
by an authorized reoresentative .
a. The authorized representative signing any applieation , questionnaire, any
report or other information required to be submitted to the City rnust sign
and attach the following eertifieation staternent ·sith eaeh sueh report or
information submitted to the rnanager.
"I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system
designed to ensure that qualified personnel properly gather and evaluate the
information submitted. Based on my inquiry of the person or persons who
manage the system or the persons directly responsible for gathering the
information , the information submitted is , to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant
penalties for submitting false information , including the possibility of a
fine and imprisonment for knowing violations."
]2 . Periodic compliance reports submitted by significant industrial users issued
a non-discharging Industrial Wastewater Permit shall also include the
following certification statement signed by an authorized representative. '"I
certify under penalty of law that (Permittee Name) has not discharged any
regulated wastewater to the LIE WWTP during this reporting period" (if
applicable)
~ A facility determined to be a Non-Significant Categorical Industrial User
must annually submit the following certification statement signed by an
authorized representative. "Based on my inquiry of the person or persons
directly responsible for managing compliance with the categorical
Pretreatment Standards under 40 CFR [specify applicable National
Pretreatment Standard part(s)J I certify that to the best of my knowledge
and belief that during the period from to
[month days yearl:
ill The facility described as [facility name] met the
definition ofa Non-Significant Categorical Industrial User as
described in 40 CFR 403J(v)(2)·
al The facility complied with all applicable Pretreatment Standards and
requirements during this reporting period· and
ill The facility never discharged more than 100 gallons of total
categorical wastewater on any given dav during this reporting period .
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Th e co mpli ance certifi catio n is base d upo n th e fo ll ow in g
in fo rm ati on·
~ .Sig nific ant Indu stri a l Use rs th at have an approve d monit orin g wa ive r base d
on Sec ti on EC I )(e) o f thi s chap ter mu st su bmit on eac h compli ance repo rt
with th e fo ll ow in g ce rtifi ca ti on sta tement si gned by an auth ori ze d
rep rese ntati ve th at th ere has bee n no increase in th e po llut ant in it s
was tes trea m du e to act iviti es o f th e Use r. "Base d on my in q ui ry of th e
perso n or pe rso ns direc tl y respons ibl e fo r manag in g comp li ance w ith th e
Pr etr eatm ent Sta nd ard fo r 40 CF R [sp eci fy app li ca bl e Nati onal
Pr etr eatm ent St and ard part (s )J I ce rti fy th at to th e bes t of my kn owl edge
and beli e f th ere has bee n no in crease in th e leve l of fli st
po llutant(s)J in the was tewaters d ue to th e ac ti v it ies at th e fa cilit y sin ce
filin g o f th e las t pe ri odic comp li ance re port .
b~. If th e a uth ori ze d repr ese nt ati ve is no longe r acc ura te because a different
in div idu a l or pos iti on has res ponsibility fo r th e ove rall o pera ti on of th e
faci lit y, or overa ll res pons ibi lity fo r env iro nm ent a l matt ers fo r th e
co mp any , a new auth ori za ti on sati sf)'ing th e rn qu irement s of 12 2 5(/\)(3)
meetin g th e de finiti on of an a uth ori ze d rep rese nt ati ve in 12-2-1 CD) mu st be
s ubmitt ed to th e C it y pri or to or toge th er with any report s to be signed by
an a uth ori ze d re pr ese nt ati ve.
1 Indu stri a l Was te Survevs or q ues ti onn a ires req uir ed to be su bmi tte d to th e
C it v by an Indu str ia l User sha ll in c lud e th e fo ll ow in g statement and
s ignato ry req uir ement s. Th e rep res ent ati ve signin g any Indu st ri al Was ter
Surv ey or q ues ti onn air e mu st sign th e fo ll ow in g certific ati on st atement "I
have pers onall y exa min ed and am fami li ar w ith th e in fo rm ati on s ubmitt ed
in thi s doc um ent and att ac hm ent s Base d u po n my inqui ry o f th ose
indi v iduals imm ed iate ly respo nsibl e fo r obta inin g the in fo rm ati on repo rt ed
here in I beli eve th at th e subm itt ed in fo rm at ion is tru e accu ra te and
compl ete I am aw ar e th at th ere a re s ignifi ca nt pe nalti es for s ubmittin g
fa lse inform ati o n " Industri a l Was te Su rveys or qu esti onn a ir es sh all be
submitted to th e City in elec tro ni c or bard copy fo rm at with in th irt y (3Q)
days of rece ipt
7. Compliance Sc hedules. Sh o uld any sc hedul e o f co mpli ance be es tab li shed in
acco rd ance w ith th e requirement s of thi s Chapt er, th e fo ll ow in g conditi ons sha ll
appl y to s uch sc hedul e:
a. T he sch edul e shall co nt a in in crement s o f prog ress in th e fo rm of dates fo r
the co mm ence ment and co mpl et ion o f maj or eve nt s lea din g to th e
co nstru cti on and o perat ion of ad diti onal pr etrea tm ent required fo r th e Use r
to mee t th e appli ca bl e Catego ri ca l Pretr ea tm ent Stand ard s (e .g., hirin g an
eng in ee r, compl etin g prelimin ary pl ans, co mpl etin g fin a l pl ans, exe cutin g
co ntra ct fo r maj or co mp onent s, co mm enc in g co nstru cti on, co mpl etin g
co nst ru cti on, etc .);
b. o in crement refe rred to above shall excee d nin e (9) month s;
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c. Not later than fourteen (14) days following each date in the schedule and
the final date for compliance, the User shall submit a progress report to the
City including, at a minimum , whether or not it complied with the
increment of progress to be met on such date and , if not, the date on which
it expects to comply with this increment of progress, the reason for delay,
and the steps being taken by the User to return the construction to the
schedule established. In no event shall more than nine (9) months elapse
between such progress reports to the manager.
8. Change in Discharge or Operations. Eve1y Significant Industrial User shall file a
notification to the City a minimum of fourteen ( 14) days prior to any planned
significant change in operations or wastewater characteristics . A significant
change shall be a change equal to or greater than twenty (20) percent in the mass
ofa pollutant or volume of flow discharged to the POTW . In addition , this
notification shall include changes to:
a. Adding or removing processing, manufacturing or other production
operations .
b. New substances used which may be discharged.
c. Changes in the listed or characteristic hazardous waste for which the User
has submitted or is required to submit information to the City under this
Chapter and 40 CFR Part 403.12(p) as amended.
9. Spill Prevention and Control Plans.
a. Each User shall provide protection from accidental discharges and slug
loads of pollutants regulated under this Chapter. Facilities to prevent the
discharge of spills or slug loads shall be provided and maintained at the
User's expense.
b. The City shall evaluate whether each Significant Industrial User needs a
Spill Prevention and Control Plan or other action to control spills and Slug
Discharges as defined in 12-2-1 (D). The City may require a User to
develop , submit for approval, and implement a Spill Prevention and
Control Plan or take such other action that may be necessary to control
spills and Slug Discharges.
c. A Spill Prevention and Control plan shall address, at a minimum , the
following:
(I) Detailed plans (schematics) showing facility layout and plumbing
representative of operating procedures ;
(2) Description of contents and volumes of any process tanks;
(3) Description of discharge practices. including non-routine batch
discharges ;
(4) Listing of stored chemicals, including location and volumes ;
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(5 ) Procedures fo r imm e di ate ly n o ti fy in g th e C it y of any s pill o r S lu g
Di sc ha rge . It is th e respo nsi bili ty o f th e User t o com p ly w ith th e
re po rti ng req ui re m e nt s in I 2 -2-5 (E)( I O);
(6) Pro ced ures lo prevent ad verse impact fro m any acc id e nta l o r S lu g
Di scharge . Such procedures in c lud e, but a re no t limit e d to ,
insp ecti o n a nd m a in te na nce of storage a reas. hand lin g a nd tra ns fe r of
m ateria ls. load ing a nd unl oading o perati o n s. cont ro l of p la nt s it e
run off~ worke r tra inin g , building of co nta inm e nt s truc tu res o r
eq u ipm e nt , measu res fo r co nta inin g to x ic o rgani c po llut ant s ,
inc luding so lve nt s, an d/o r m easures and e qu ipm e nt fo r e m e rg ency
respo nse ; a nd
(7 ) A ny o th e r in fo rm ati o n as re quired by th e C it y.
d. Not ice t o employees . A no t ice s ha ll be p e rm an e ntl y post e d o n th e Use r's
bull e tin board o r o th e r p ro min e nt pl ace adv is in g e m p loyees w ho to call in
th e event of a n acc ide nt a l o r S lug Di sch arge . E mpl oyers s ha ll e ns ure th at
a ll e mpl oyees w ho work in a ny area w he re an acc ident a l or S lu g Di sc h arge
m ay occur o r o ri g in ate are a dv ised to th e e m e rgency no tifi cati o n
pro ce dures.
I 0. Re port s o f Potentia l Pr ob lems.
a. In th e case o f any di sc h arge , in c luding , but no t lim ite d to, s pill s, acc id e nt a l
di sch arges, di scha rges of a no n-routin e , e pi sodi c natu re , a no n-c usto m ary
batch di s charge. a S lug D isc h arge o r a di s cha rge th at m ay cause p ote nti a l
p ro b le m s fo r th e POTW , the Use r s ha ll imm ed iate ly te le ph o ne a nd no ti fy
th e C ity of t he in c ident. T hi s not ific ati o n s ha ll in c lud e:
(I ) N a me of th e fac ility ;
(2 ) Locati o n of t he fac ili ty ;
(3) Nam e o f th e ca ll er;
(4) Da te and tim e o f di sch arge;
(5 ) D a te and tim e di sc harge was ha lt e d ;
(6) Locati o n of th e d ischa rge ;
(7 ) Estim ated vo lum e of di scha rge;
(8) Estim ate d co ncent ra ti o n o f po llu tants in d ischa rge:
(9) Corr e cti ve ac ti o ns take n to ha lt th e di s cha rge;
(10) M e th o d o f di s posal if a pp lica bl e .
b . Wi t hin fi ve (5 ) wo rkin g d ays fo ll owin g s uc h di scharge, th e Use r s ha ll , unl ess
wa ive d by th e m anager , s ubmit a d e ta il e d w ritt e n re po rt describin g th e ca use(s)
of th e d is cha rge a nd th e m easures to be take n by th e Us e r to preve nt s imil ar
futur e occurre nces. Suc h no tifi cat io n shall no t re li eve th e User of a ny ex pe n se,
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loss , damage, or other liability which might be incurred as a result of damage to
the POTW, natural resources, or any other damage to person or property ; nor
shall such notification relieve the User of any fines , pe nalties , or other liability
which may be imposed pursuant to this Chapter.
11 . No tification o[the Di scharge o[Hazardous Waste .
a. Any User shall notify the City, the EPA Regional Waste Management
Division director, and State hazardous waste authorities, in writing, of any
discharge into th e POTW of a substance which , if otherwise disposed of,
would be hazardo us waste under 40 CFR Part 261 . Such notification to the
City shall be made within the appropriate time frames specified in 12-2-
S(E)UQl(fil. 13aragra131'ls 4, 8, aRd 10 . Notification to the State and EPA is
the responsibility of the User and shall be made as required under 40 CFR
Part 403 .12(p ). The User shall copy the City on all notifications made to
the State and EPA.
Such notification must inc lude:
( 1) The name of the hazardous waste as set forth 40 CFR Part 261 ;
(2) The EPA hazardous waste number;
(3) The type of discharge (continuous , batch , or other);
(4) An identification of the hazardous constituents contained in the
wastes;
(5) An estimation of the mass and concentration of such constituents
in the wastestream discharged during that calendar month ;
(6) An estimation of the mass of constituents in the wastestream
expected to be discharged during the following twelve ( 12)
months ;
(7) Certification that the User has a program in place to reduce the
volume and toxicity of hazardous wastes generated to the degree it
has determined to be economically practical ; and
(8) Signatory certification as required by l 2-2-5(E)(6)W.
b. In the case of any new regulati o n under Section 300 I of RCRA identifying
additional characteristics of hazardous waste or listing any additional
substance as hazardous waste, the User must not ify the City, the EPA
Regi o na l City Waste Management Waste Div ision director, and State
hazardous waste authorit ies of the discharge of such substance with in
ninety (90) days o f the effective date of such regulations.
c. This provision does not create a right to discharge any substance not
otherwise allowed to be discharged by this Chapter, a permit issued
hereunder, or any applicable Federal or State law.
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12. Date o[Receipt o[Re ports. Written reports will be deemed to have been
submitted on the date postmarked. For reports which are not mailed , postage
prepaid , into a mail facility serviced by the United States Postal Service, the date
of the receipt of the report shall govern.
F . Insp ec tion and Records:
I. Records and Monitoring. Users subject to the reporting requirements of this
Chapter shall retain , and make available for inspection and copy ing, all records
of information obtained pursuant to any monitoring activities required by this
Chapter, any additional records of information obtained pursuant to monitoring
activities undertaken by the User independent of such requirements , and
documentation associated with Best Management Practices. Records shall
include the date, exact place , method , and time of sampling, and the name of the
person(s) taking the sample; the dates analyses were performed ; who performed
the analyses ; and analytical techniques or methods used ; and the results of such
analyses. These records shall remain available for a period of three (3) years.
This period shall be automatically extended for the duration of any litigation
concerning the User or the City , or where the User has been specifically notified
ofa longer retention period by the City or when requested by the EPA.
2 . Admission to Propertv and Access to Informal ion.
a . Whenever it shall be necessary for the purposes of this Chapter, the City
may enter upon any User's facility, property or premises subject to this
Chapter that is located or conducted or where records are required to be
kept for the purposes of:
(I) Performing all inspection , surveillance and monitoring procedures
necessary to determine, independent of information supplied by
industrial or other users , co mpliance or non-compliance with
applicable Pretreatment Standards and Requirements by a User.
Compliance monitoring and inspection shall be conducted at a
frequency as determined by the City and may be announced or
unannounced~. Photo documentation or electronic recording devices
may be used by the City during inspection surveillance and
monitoring procedures
(2) Examining and copying any records required to be kept under the
provisions of this Chapter or of any other local , State or Federal
regulation ;
(3) Inspecting any monitoring equipment or method, pretreatment
system equipment and/or operation;
(4) Sampling any discharge of wastewater into POTW ; and/or
(5) Inspecting any production. manufacturing, fabricating or storage area
where pollutants, regulated under this Chapter, could originate, be
stored , or be discharged to the POTW .
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b. The occupant of such property or premises shall re nd er a ll proper assistance
in such activities.
c. Failure to allow entry: In the event the City or other dul y authorized
representative of the City is refused admission for any purpose , the City may
cause water and/or wastewater service to the premises in qu estion to be
discontinued and other enforcement actions undertaken as allowed for under
this Chapter.
G. Sample Collection and Analytical Methods:
I. Sample Co llection. Compliance determinati ons with respect to prohibitions and
limitati o ns in this Chapter may be made on th e basis of either grab or composite
samples of wastewater as specified by the City. Such samples shall be taken at a
po int or points which the City determines to be suitable for obtaining a
representative sample of the discharge. Composite samples may be taken over a
twenty-four (24) hour period , or over a longer or shorter time span , as determined
by the City to meet specific circumstances.
2 . Sample Tvp e. Samples collected to satisfy reporting requirements must be based
on data obtained through appropriate sampling and analysis pe rformed during the
period covered by the report, and based on data that is representative of
conditions occurring during the reporting period.
a. Except as indicated in 12-2-S(G)(b) and (c), th e User must collect
represent ative wastewater samples using twenty-four (24) hour fl ow-
proportion a l composite sampling techniques, unless time-proportional
composite sampling or grab sampling is required by the City. Where time-
proportiona l composite sampling or grab sampling is authorized by the
City, the samples must be representative of the permitted discharge.
b. Samples for oil and grease, temperature, pH , cyanide, total phenols,
sulfides, and volatile organic compounds must be obtained using grab
collection techniques. Using protocols (including appropriate preservation)
specified in 40 CFR Part 136 and appropriate EPA guidance, multiple grab
samples collected during a twenty-four (24) hour period may be
composited prior to the analysis as foll ows: for cyanide, total phenols, and
sulfides the samples may be compos ited in the lab oratory or in the field ;
for volatile organics and oil and grease, th e samples may be composite d in
th e laboratory. Composited samples for other parameters unaffected by the
compositing procedures as documented in approved EPA metho dologies
may be authorized by the City, as appropriate. In addition , grab samples
may be required to show compliance with instantaneous local limits,
including pH .
c. For sampling required in support of baseline monitoring and ninety (90)
day compliance reports required in 12-2-5(E)(2) and (3), a minimum of
four ( 4) g rab samples must be used for pH , to ta l phen o ls , oil and grease,
sulfides, and volatile organic compounds for facilities for which historical
representative sampling data do not exist. Where historical data are
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Page 68 of 263
availab le, the City may authorize a lower minimum. For the reports
required by 12-2-5(E)(I ), th e Indu stri al User is required to collect the
number of grab samples necessary to assess and assure co mpliance w ith
applicab le Pretreatment Standards and Requirements.
3. rlnalvtical Requirements. A ll pollutant ana lysis. including sampling techniques,
to be subm itted as part of an industrial wastewater permit application , report.
permit or other analyses required under this Chapter shall be performed in
accordance wi th the techniques prescribed in 40 CFR Part 13 6 and amendment s
thereto, unl ess otherw ise specified in an applicable Categorical Pretreatment
Standard. I f 40 CFR Part 136 does not contain sampling or analyt ic a l techniques
for the pollutant in question. or where the E PA determines th at the Part 136
sampling and analytical techniques are inappropriate for the pollutant in question ,
samp lin g and analyses shall be performed by using validated analytical methods
or any other applicable samplin g and ana lytical procedures, including procedures
suggested by the City or other parties approved by the EPA.
H Industrial User Permits (Non-Significant Industrial Users):
1. The City may issu e a wastewater control permit to anv indu strial user who is not
otherwise considered a Significant Indu stria l User. and w ho is discharging or
proposes to discharge wastewater containing substances regu lated under 12-2-
5(8). The te rm s of th e wastewater control permit shall be in accordance with this
chapter.
l. The wastewater control permit may con tain as conditions for discharging
requirements for treatment wastewater discharge limitations and prohibitions
BMPs. monitoring. sampl in g and ana lvsis requirements reporting and
recordkeeping requirements conditions for accessib le inspections and other
conditions as required in 12-2-5 to ensure compliance with this chapter
H !. Se c tor Control Programs:
I . General Requirements.
a. Authority. The City will establish specific Sector Control Programs for
Industri a l Users to control specific pollutants as necessary to meet the
objectives of this Chapter. Pollutants subject to these Sector Cont rol
Programs shall be controlled using Best Management Practices (BMPs) or
by permits as determined by the City, which shall estab li sh policies for
each sector control program. The Citv may delegate th rough agreement
specifi c sector control responsibilities to municipalities or sanitation
districts that contribute wastewater to the Littleton-Englewood Wastewater
Treatment Pl a nt .
b. Facility Identification and Compliance . The City s ha ll est ab li sh an
Indu strial User Id entification and Characterization Program through which
Users shall be identified for inclusion into applicable Sector Control
Programs. Once identi lied a nd included into one (I) or more Sector
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Page 69 of 263
Control Programs , th e facility shall be required to comply with each
applicable program policy .
c . Noliflcation lo th e City by !h e User and Management Review. The City
shall review new construction and existing facilities undergoing any
physical change, change in ownership, change in operations, or other
change that could change the nature, properties , or volume of wastewater
discharge, to ensure that current Sector Control Program policies are
incorporated and implemented.
The User shall inform the City prior to:
(1) Sale or transfer ofownership of the business ; or
(2) Change in the trade name under which th e business is operated ; or
(3) Change in the nature of the services provided that affect th e potential
to discharge Sector Control Program pollutants; or
(4) Remodeling of the facility that may result in an increase in Oow or
pollutant loading or that otherwise requires the facility to submit
plans or specifications for approval through a building or zoning
d e partm ent , or any other formal approval process of a city, county,
o r other jurisdiction.
d. In spections.
(I) The City may conduct inspecti ons of any facility with or without
notice for the purpose of determining applicability and/or
compliance with Sector Control Program requirements .
(2) If any inspection reveals n o n-compliance with any provisi o n ofa
Sector Control Program policy requirement , corrective action shall
be required pursuant to the applicable sector control program policy .
(3) Inspection results will be provided in writing or electronically
submitted to the facility .
e. Closure. The City may require closure of plumbing , treatment devices,
storage components, containments, or other such physical structures that
are no longer required for their intended purpose . Closure may include the
removal of equipment, the filling in of a void and/or cementing, capping,
plugging. etc. Closure requirements shall be described for each Sector
Control Program in a respective Po licy.
f. l 'ariance. A variance as to the requirements of any sector control program
for existing facilities may be granted by the City for good cause . The
facility has the burden of proofof demonstrating through data and o ther
information why a variance should be granted. In no case shall a variance
result in violation of any require ment or efnuent limit specified in this
Chapter. The granting of any variance shall be at the sole discretion of the
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Page 70 of 263
City. The Water and Sewer Board shall have authority to review a decision
to deny the approval ofa variance made by the City.
!fa variance is granted , the facility shall institute Best Management
Practices and other mitigation measures as outlined in the variance section
of the applirnble sector control program policy . to achieve compliance
with this Chapter as determined by the Citv .
g. Enforc ement and Complian ce.
(I ) These requirements form a part of this Chapter. Enforcement of this
regul ation is governed by the express terms herein and the
enforcement provisions of 12-2-S(l 1)(3) and ( 4) of this Chapter.
(2) The City has the right to reject acceptance of any waste which may
be harmful to or cause obstructio n of the wastewater collection
system , o r which may cause or contribute to interference o r pass-
through or vio late any local limits adopted by the C ity.
(3) Facility owners and lessees regulated und e r this Section shall be
jointly and severally respo nsible for complying with the
requirements and standards established by these requirements.
(4) Any extraordinary costs incurred by the City due to interference,
damage , pass-through. or maintenance necessary in the treatment
and/or collection system shall be paid by the User to the City . The
direct costs of all lab o r, equipment and m ate rials incurred in
rectifying the interference or damage, including reasonable attorneys
fees , shall be billed directly to the owner or the User by the City , and
such costs shall beco me part of the total charges due and owing to
the City and shall constitute a lien on the User until paid in full.
2. Program Descriptions.
a . FOG (Fats , Oil§,. and Grease) Pr ogram Requirements. The re quirements
estab li shed in this Section shall apply to Users subject to the FOG Sector
Control Program established by the City . Non-domestic dischargers where
preparation , manufacturing, or processing of food occurs in c lud e but are
no t limited to , restaurants, cafes , fast food outlets, pizza outlets,
delicatessens, sandwich shops, coffee shops, schools, nursing ho mes and
other facil iti es that prepare, service. or otherwise make foodstuff avai lable
for consumption. These Users shall install and m a intain a gravity g rease
interceptor as directed by th e City.
All Users subject to this Section must comply with the requirements in the
FOG Secto r Control Program implementing po licy which include both the
requirement for installation and operation of a gravity grease interceptor
and th e Best Management Practices.
(I) General Con tr ol Requ ir ements.
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Page 71 of 263
(a) A gravity grease interceptor shall be required when, in the
judgment of the City , it is necessary for the proper handling of
liquid wastes which may be harmful to , or cause obstruction in
the wastewater collection system or cause or contribute to
interference or pass-through.
(b) It shall be the responsibility of the User and owner of the
property , business or industry or an authorized representative
of the User to contact the City for the purpose of obtaining a
plan review. The plan review shall determine the need , size,
location , and other requirements of the interceptor required to
control discharges into the POTW. Written approval from the
City must be obtained prior to installation of the interceptor.
The review of such plans and operating procedures shall in no
way relieve the User from the responsibility of modifying such
facilities as necessary to produce a discharge acceptable to the
City under the provisions of this Chapter.
( c) The design and sizing of gravity grease interceptors shall be in
accordance with the FOG Sector Control Program policy and
this Chapter. The gravity grease interceptor shall be designed,
sized , installed , maintained and operated so as to accomplish
their intended purpose of intercepting pollutants from the
User's wastewater and preventing the discharge of such
pollutants to the City's wastewater collection system.
(d) Hydromechanical grease interceptors shall not be permitted in
lieu of a gravity grease interceptor to comply with the
requirements of this Chapter unless expressly authorized by
~-
(e) Toilets, urinals and similar fixtures shall not waste through a
gravity grease interceptor. Such fixtures shall be plumbed
directly into the building sewer and waste system.
(t) All fixtures not equipped with a garbage disposal (garbage
grinder) which are connected to a gravity grease interceptor
shall be equipped with a fixed or removable mesh or screen
which shall catch garbage and food debris and prevent it from
entering the gravity grease interceptor.
(g) The User must ensure interceptors are easily accessible for
inspection , cleaning, and removal of FOG.
(h) The User must maintain interceptors at their expense and keep
in efficient operating condition at all times by the regular
reR'lO\'al of FOG .
(2) Required Maintenance.
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Page 72 of 263
(a) Gl'f!¥tty ~i nt e rc eptors shall be maintained by regularly
scheduled cleaning so that they will properly operate as
intended to efficient ly intercept the fats , oil and grease from
the FOG facility's wastewater and prevent the discharge of said
materials into the City's wastewater collection system. A
gravity grease interceptor shall be servieed at a minimum
eYeF)' ninety (90) days, or more often as provided in the i;'QG
seelor eontrol program poliey. Maintenance frequency sha ll be
in accordance with the FOG Sector Control Program policv
fbj The City may require more frequent eleaning than that
preseribed in 12 2 5(H)(2)(a)(2)(a) above. A varianee from the
requirement in 12 2 5(1=1)(2)(a)(2)(a) above may be obtained if
the User ean demonstrate less frequent deaning is suffieient.
(€ ,\:!) Maintenance of~ grease interceptors shall be done in a
workman-l ik e manner only by a business/professional
normally engaged in the servicing of such plumbing fixtures.
(a~) In the event an interceptor is not properly maintained by the
User, owner, lessee, or other authorized representative of the
facility , the City may authorize such maintenance work be
performed on behalfofthe User. The costs of such
maintenance shall be billed directly to the User and shall
become part of the charges due and owing to the City and shall
constitute a li en against the property until paid in full.
(e ,Q) Biological treatment or enzyme treatment shall not be a
substitute for the servicing of~ grease interceptors at the
frequency determined by the City . Use of enzymes to emulsif)'
FOG is prohibited . The direct addition of any enzvme or
chemical. microbial agent to a GGI is prohibited .
W All records receipts and manifests ofGGI maintenance
removal of GGI contents and offsite hauling of FOG waste
including waste grease bin contents shall remain on the
premises or made accessible for review by the Citv at anv time
for a minimum of three (3) years The Citv may require a User
to submit copies of all records receipts and manifests ofGG I
and/or WGB maintenance removal ofGG I and/or WGB
contents and off-site hauling of EOG waste
(;f) The User must doeument eaeh pump out '<'>ith a waste manifest
or trip tieket whieh must be kept on site for at least three (3)
yeafS7
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Page 73 of 263
(gf) T h e llser is res po ns ibl e fo r en surin g th at com pa n ies used fo r
th e re moval a nd tra ns po rt of grease waste fr o m a grease
int e rcep to r a re properl v reg iste red w ith th e St ate
(g) T he User mu st take reaso na bl e ste ps to ass ure th at a ll wast e is
pro pe rl y di s posed o f a t a fac ility in accordance w ith Federa l,
St a te a nd local regul ati o ns (i.e. th ro ugh a certifi cati o n by th e
ha ul e r in c lud ed on th e waste ma ni fes t o r trip ticke t fo r each
load ).
b. POGS (&mi/Oil !n•er eCf)l er Pe tro le um Oil Grease and Sa nd)
Progra m Require ments. Th e require ment s esta bli she d in thi s Se cti o n
sha ll ap pl y to Users subj ect to th e POG S Program require me nt s
esta bli shed by th e C ity.
Non-d omesti c di scha rgers w he re work o r serv ice is p er fo m1 ed
include auto moti ve serv ices, m ac hin e sho ps , sto ne cutte rs
a ut omo ti ve ca re ce nt e rs, ruili!!i'.a ut o body a nd d eta il sho ps , c ar
wash es , o r any oth er fac ili ty th at ge nerates sand , solve nt s. pe tro le um
o il , g rease o r oth er pet ro le um pro du ct, g rit , gravel o r oth er aggregate
that may di sch arge into a waste wate r co ll ecti on syste m . A ccess to
the wastewater co ll ecti on system is o ft en v ia Ooor dra in s located
insid e sho p a reas th at a re no t limited to non-p o llutin g w aste wate r
sourc e s; such d ra in s mu st be co nn ected to a sand/o il inte rcepto r.
A ll Use rs subj ect to thi s Secti o n mu st compl y w ith th e re quire me nt s
in th e POGS Sector Cont ro l Program impl eme ntin g po licy w hi ch
in c lu des both th e requirem ent for in stall ati o n a nd o p erati o n of a
sa nd /o il int erc e pt o r a nd th e Best M anagement Prac ti ces.
(I ) Ge nera l Co ntr ol Requirements .
(a) A sand/o il int e rc e pt o r sh a ll be re quired w he n, in th e
judg me nt o f th e C ity , it is necessary for th e prope r
handlin g o f~ w astes which m ay be h armful t o, or
cause o bstructi o n in th e w astew ater co ll e cti o n syste m o r
ca use or co ntribute to int e r fe re nce o r pass-th ro ug h .
(b) It sha ll be th e res po ns ibilit y of th e Use r a nd owne r of th e
p ro pe rty , bu s in ess o r in dustry o r an auth ori ze d
re present ati ve o f th e Use r to cont act th e C it y fo r th e
purpose of o bt a inin g a pl a n rev iew. T he pl a n revie w
sha ll d ete rmin e th e need, s ize. locati o n, a nd o th e r
require me nts o f th e inte rc e pt or required to co nt ro l
di sc harges into th e PO T W . Writte n a pp roval fr o m the
C it y mu st be o bta in ed pri o r t o in sta ll ati o n o f th e
inte rce pt o r. The rev iew o f such pl a ns and o pe ratin g
proce dures sha ll in no way re li eve th e User fr o m th e
res pon sibility of modify in g suc h fac iliti es as necessary
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Page 7 4 of 263
to produce a discharge acceptable to the City under the
provisions of this Chapter .
(c) The design and sizing of sand/oil interceptors shall be in
accordance with the POGS Sector Control Program
policy and this Chapter. The sand/oil intercept or shall be
designed , sized. installed , maintained and operated so as
to accomplish their intended purp ose of interceptin g
po llutants from the User's wastewater and preventing the
discharge of such pollutants to the C ity's wastewater
collection system .
(d) Upon chan ge ofownership of any existing facility which
would be required to ha ve an interceptor und e r this
Section, th e applicant for sanitary sewer service shall
have the burden to demonstrate that a properl y sized and
functioning sand/oil intercept or is installed.
(e) Toilets , urinals and similar fixtures shall not discharge
waste through a sand/oil int ercept or. Such fixtures shall
be plumbed directly into the building sewer and waste
system.
(f) The User shall ensure interceptors are easily accessible
for inspection , cleaning, and rem ova l of POGS.
(g) The User sflaU llli!fil maintain interceptors at th e ir
expense and keep in efficient operating condition at all
times= b)· tAe regt1lar reFHoval of POG£.
(hl Biological treatment or enzvme treatment shall not be a
substitute for the servicing of sand/oil intercept ors at the
frequency determined by the Citv. Use of enzymes to
emulsify petroleum oils and grease is prohibited The
direct addition of any enzyme chemical or microbial
agent to a sand/oil interceptor is prohibited .
(2) Required Maintenance .
(a) Sand/oil interceptors shall be maintained by regularly
scheduled cleaning so that they will properly operate as
intended to efficiently intercept the sand and oil from the
J!GGS facility's wastewater and prevent the discharge of
said materials into the City's wastewater collection
system. A sand/oil intereeplor s1'lall be servieed at a
FHiniFHt1m onee eve!)' )'ear, or FHore often as pro,·ided in
lAe POG£ £eetor Control PrograFH poliey. Maintenance
frequency shall be in accordance with the POGS Sector
Control Program policy
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Page 75 of 263
f&) The City may require more frequent eleaning. A
varianee from the requirements in 12 2 5(1=1)(2)(b)(2)(a)
may be obtained when the User ean demonstrate less
frequent eleaning is suffieient.
(e !)J Maintenance of sand/oil interceptors shall be done in a
workman-like manner only by a business/professional
normally engaged in the servicing of such plumbing
fixtures.
(a~) In the event an interceptor is not properly maintained by
the User, owner, lessee, or other authorized
representative of the facility , the City may authorize
such maintenance wefk be perfonned on behalf of the
facility. The costs of such maintenance shall be billed
directly to the customer and shall become part of the
charges due and owing to the City and shall constitute a
lien against the property until paid in full.
(e Q,) The User must document each pump-out with a waste
manifest or trip ticket which must be kept on site remain
on the premises or made accessible for review by the
Citv at any time for a minimum of .feF aHoosl three (3)
years.
(f ~) The User must take reasonable steps to assure that all
waste is properly disposed of at a facility in accordance
with Federal, State and local regulations (i.e . through a
certification by the hauler included on the waste
manifest or trip ticket for each load).
e. &Iver &eter Ce111re! Pregram. n1e requirements established
in this Seetion shall apply to Users subjeet to the Silver Seetor
Control Program requirements established by the City
ineluding, but not limited to, photo proeessing aetivities, X ray
proeessing aetivities, and printing/publishing aetivities that
generate silver rieh waste·Nater solutions.
f-1-1 General Centre! Requirements.
W Users affeeted by this Seetion shall be required to
implement a silver reeovery option as stated in the
Silver Seetor Control Program poliey.
f&) Control effieieney requirements shall be
determined by quantity of proeess '<'o'astewater
generated, as speeified in the Silver Seetor Control
Program polie~f.
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Page 76 of 263
~ CoRtrol optioRs shall be implemeRted iR
aeeordaRce with requiremeRls iR the Silver Sector
CoRtrol Program polic;·.
~ Required A l-G1i11le11e11ee end Re eerdkeC-J7ing .
fat Users are required to iRstall aRd maiRtaiR silver
recovery equipmeRt iR accordaRce with
maRufacturer's recommeRdations .
fbj Users are required to maiRtaiR OR site records
documeRtiRg servieiRg aRd maiRteRaRce of the
silYer recm ·e!)' equipmeRt and waste management
activities. These records shall be retaiRed for a
minimum of three (3) years.
e. },ferewy· &eter Ce1111·e! Pregrem,. The City ""·ill establish
specific Best Management Praetices (BMPs) for Industrial
Users to control discharges of mercury to the POTW . as
necessal)', to meet the o~ectives of this Chapter. These BMPs
shall be required through permit, where necessary , for
Significanl IRdustrial User aRd b;· permit , order or other meaRs
for Non Significant Industrial Users .
~ N-en;·!phene! &e:er Cenlre! Pregrem . The Cit;· will establish
specific Best Management Practices (BMPs) for Industrial
Users to control discharges of nonylpheRol to the POTW , as
Recessal)', to meet the o~ectives of this Chapter. These BMPs
shall be required through permit , where necessa!)', for
Significant Industrial User and by permit, order or ot her means
for ~Ion Significant Industrial Users
f,~ Trucked and Hau led Seplage.
( 1) General Require ments. The requirements established in
this Section shall apply to operators of companies
subject to the Trucked and Hauled Septage Sector
Control Program requirements established by the City.
Users who dispose of trucked and hauled septage waste
at the POTW's Septage Waste Receiving Facility
(SWRF) shall obtain a permit to do so.
(2) General Control Require ments.
(a) All Users proposing to discharge trucked and
hauled septage wastes sha ll app ly for and obtain
the required SWRF permit from the City. A User
with an expiring SWR.F permit shall applv for a
new permit by submitting a complete permit
application at least thirty (30) days prior to the
expiration of the Use r's existing SWR.F permit.
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Page 77 of 263
+ l · Compliance and Enforcement:
,(hl Septic waste fees and charges are specified in 12-
2.:.1.
!£) All fees shall be paid in full prior to the issuance
ofa SWRF permit
(b ,Q) SWRF permits are non transferable and may be
revoked at the Cit)''s diseretion issued to the User
for a specific operation . Permits cannot be
reassigned transferred sublet or sold to a new
user different premises or a new or changed
operation
(e ~) Users of the £WRF are responsible for supplying
the eorreet size earn leek fitting and length of hose
to ensure proper, spill free diseharge. SWRE
permits may be modified suspended or revoked in
whole or in part with cause as determined by the
~
(d D The City shall establish standards and
requirements that shall be met prior to and during
the discharge of trucked and hauled septage wastes
to the POTW.
( e g) Any violation of the terms and conditions of an
SWRF permit, failure to apply for an SWRF
permit as required , or discharging without a
required SWFR permit shall be deemed a violation
of this Chapter and subjects the hauler to the
sanctions set out in 12-2-5(+ 1). Obtaining an
SWFR permit does not relieve a permittee of its
obligation to comply with all Federal and State
Pretreatment Standards or Requirements.
(f b) The City bas the right to reject any waste which
may be harmful to or cause obstruction of the
wastewater collection system , or which may cause
or contribute to interference or pass-through or
violate any local limits adopted by the City. ~
discharge of industrial or commercial waste
through the septage waste program is prohibited
1. Enforcement Response Plan. The City may adopt policies and procedures as set
forth in the City's Enforcement Response Plan for carrying out the provisions of
this Chapter, provided that such policies and procedures are not in conflict with
this Chapter or any applicable State or Federal law or regulation.
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Page 78 of 263
2. Publication of Use rs In Significant Non-Comp lian ce. The City shall publish
annu all y , in a newspape r of ge nera l circulation th at pro v id es mea ningful public
notic e within th e jurisdicti ons served by the POTW , a list of th e Significant
Indu strial Users which, at any tim e durin g th e pr ev ious twelv e (12) months . were
in Significant Non-Comp I iance ( 12-2-1 (D) with a pplicable Pretreatment
Standards and Requirem ents. In addition, any User found to be in significant
non -c omplianc e with 12-2-1 (D), Significant Non-Compliance, paragrap hs (c),
(d), or (h) shall also be published in the newspap er.
3. Administrative Enforcement Actions.
g. 1 'erbal No tification. When th e Citv finds a Use r hqs committed a minor
irnlated violation ofa Sec tor Con trol Program th e Citv mav notifv th e
User in[ormal/v th orough a phone call or in person. 1 'erbal notifications
related to enforcement or th e investivation o(surnected violatiom are
docu mented in writing and placed in th e rernectjye Indust rial User file
,b,. Warning Le i/er When the Citv finds a User has committ ed a min or
is olated violation of any provision of this Chapt er or an industrial
wastewater permit the City ma y serve up on the Us er a writt en warning
letter. Warning letters may be issued as follow-up correspondence to
verbal notific ations or in lieu of ve rbal notifications
~ No tice o[Non-Compliance When the Citv find s a User has violated
req uirements ofa Sector Control Program the City ma y serve upon the
User a written notice of non-compliance containin g corrective actions and
a schedule for completing th e corrective action in accordance with the
Sector Control Pro gra m Po lic v
a g. No tice of Violation (NOi '). When the City find s that a User has violated, or
continues to violate, any provisi on of this Chapter, an industrial wastewater
permit , or ord er issued hereunder, or any other Pretreatment St a nd ard or
Requirement , th e City may serve upon the User a written notic e of
violation . Within five (5) working days of the receipt of such notice ,
including Notice of Violati ons may include conditions and requirements
to address th e violation includin g an explanation of the violation and a plan
for the satisfactory correction ef. gi; preventi on thereof,. Within a time
frame established by the City. a written plan to include specific required
actions, shall be submitted by th e User to the City . Submission of such a
plan in no way reli eves the User o f liability for any violations occ urrin g
before or after receipt of th e notice of violation. Nothing in this Section
shall limit the authority of the City to take any action, including emergency
actions or any other enforcement action , without first issuin g a not ice o f
violation.
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Page 79 of 263
e !<· Administrative Compliance Order . When the City finds that a User has
violated , or continues to violate, any provision of this Chapter, an industrial
wastewater permit, or order issued hereunder, or any other Pretreatment
Standard or Requirement , the City may issue an order to the User
responsible for the discharge directing that the User come into compliance
within a specific time. If the User does not come into compliance within
the time provided , sewer service may be discontinued unless adequate
treatment facilities , devices, or other related appurtenances are installed
and properly operated. Compliance orders also may contain administrative
fines and/or other requirements to address the non-compliance, including
additional self-monitoring and management practices designed to minimize
the amount of pollutants discharged to the sewer. A compliance order may
not extend the deadline for compliance established for a Pretreatment
Standard or Requirement , nor does a compliance order relieve the User of
liability for any violation , including any continuing violation. Issuance ofa
compliance order shall not be a bar against, or a prerequisite for, taking any
other action against the User.
e f. Consent Orders. The City may enter into consent orders, assurances of
compliance, or other similar documents establishing an agreement with any
User responsible for non-compliance. Such documents shall include
specific actions to be taken by the User to correct the non-compliance
within a time period specified by the document. A consent order may
include penalties, supplemental environmental projects, or other conditions
and requirements as agreed to by the City and the User.
e g . Show Cause Hearing.
(I) The City may order a User which has violated, or continues to
violate , any provision of this Chapter, an industrial wastewater
permit, an order issued hereunder, or any other Pretreatment
Standard or Requirement, to appear before the Water and Sewer
Board and show cause why the proposed enforcement action should
not be taken. Notice shall be served on the User specifying the time
and place for the hearing, the proposed enforcement action , the
reasons for such action, and a request that the User show cause why
the proposed enforcement action should not be taken . The notice of
the hearing shall be served personally or by registered or certified
mai I (return receipt requested) at least ten (I 0) days prior to the
hearing. Such notice may be served on any authorized representative
of the User as defined in 12-2-1 (0). A show cause hearing shall not
be a bar against, or prerequisite for , taking any other action against
the User.
(2) The Water and Sewer Board may conduct the hearing and take the
evidence, or may designate a representative to:
(a) Issue in the name of the Water and Sewer Board notices of
hearings requesting the attendance and testimony of witnesses
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a nd th e p ro du cti o n o f evid e nce re levant to a ny m att e r in vo lve d
in a ny s uch hearin gs ;
(b) Take the ev ide nce ;
(c) T ra ns mit a re po rt of th e evi d e nce and hearin g to th e Wate r a nd
Sewer B oard , inc lu di ng tra nsc ri pts a nd o th e r ev ide nce,
togeth er with reco mm e nd at io ns fo r ac ti o n th e reo n .
(3) A t a ny pu b li c hearin g, testim o ny ta ke n befo re th e hearin g a uth o ri ty
o r a ny pe rso n d es ig nate d by it , s ha ll be und er oat h a nd record ed
ste nographi call y . T he t ra nsc ript so re co rd e d will be m ad e a va il a bl e
to any m e mbe r o f th e publi c o r a ny pa rty to th e hearin g upo n
paym e nt of th e us ua l c ha rges th e refo re.
(4) U po n rev iew of th e evide nce by th e Water and Sewer B oard , th e
Board s ha ll m ake w ritt e n fin d in gs of fac t a nd conc lus io n uph o ldin g.
m odify in g o r str ik in g th e p ro posed e n fo rcem e nt ac ti o n .
e b,. Adminis trati ve F ines.
(I ) Wh e n th e C ity find s th at a User h as v io lated , or continues to v io late ,
any p rov is io n o f thi s C ha pt e r, an indus tri a l w as tewate r p e rmit , o r
o rd e r issued he re und e r, or any o th e r Pre treatm e nt Sta nd ard o r
Re quire m e nt , th e C ity m ay fin e s uch User in an am o unt no t to
exceed fi ve th o usand d o ll ars ($5 ,0 00.0 0) pe r d ay , pe r v io lati o n. Such
fin es s ha ll be assessed o n a pe r v io lati o n, pe r d ay bas is . In th e case of
m o nthl y o r o th e r lo ng -term average di sch arge limits , fin es s ha ll be
assessed for eac h day during th e pe ri od of v io lat io n .
ill In d e te rminin g th e am o unt of admini strat ive fi ne th e C ity s ha ll ta ke
into account a ll re leva nt c ir c um s ta nces in c lu d in g but n o t limit e d to
th e impac t o r threat to th e POT W w o rke r a nd p ubl ic health o r th e
en vi ronm e nt as a res ult o f th e v io lati o n th e m ag nitude a nd durat io n
o f th e v io lati o n any e co no mic be ne fit ga in e d throu gh th e U se r 's
vio lati o n co m p li ance hist ory and good fa ith ac ti o ns by th e User a nd
a ny o th e r fac tor as ju sti ce re qu ires
ill The C itv m ay seek co m p li ance hi story fr o m othe r loca l S tate o r
F e d eral sources as it re lates to th e p rov is io n s o f thi s c ha pt e r
W The C it y preserves a ll ri g ht s un der app licab le law to fil e a cl ai m in a
Court o f com pete nt juri s di cti o n to recover li a biliti es in excess o f th e
A dmini s trati ve Fine thresho ld.
(± ,l) A li e n agai nst th e Use r's pro pe rty sha ll be soug ht for unpa id c harges.
fin es , and pena lti es.
(J 2,) Users d esirin g to a pp eal s uch fin es mu s t fil e a w ritte n re qu est fo r th e
C ity to reco ns id er th e fin e a lo ng w ith full pay m e nt o f th e fin e
am o unt w ithin fift een (I 5 ) d ays of be in g no ti ti e d of th e fin e. S uch
no ti ce o r a ppea l s ha ll set fo rth th e nature o f th e o rd e r o r
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determination being appealed, the date of such order or
determination , the reason for the appeal , and request a hearin g
pursuant to procedures outlined in 12 2 5(1)(3)(d) l 2-2-5(J)(3)(g).
(4-2) Issuance of an administrative fine shall not be a bar against, or
prerequisite for, taking any other action against the User.
4. Judicial Eeforcement Remedies.
a. Injun ct ive Relief When the City finds that a User has violated , or continues
to violate, any provision of this Chapter, an industrial wastewater permit,
or order issued hereunder, or any other Pretreatment Standard or
Requirement, the City may petition th e Englewood Municipal Court for the
issuance of a temporary or permanent injunction , as appropriate, which
restrains or compels the specific performance of the industrial wastewater
permit , order, or other requirement imposed by this Chapter on activities of
the User. The City may also seek such other action as is appropriate for
legal and/or equitable relief, including a requirement for the User to
conduct environmental remediation . A petition for injunctive relief shall
not be a bar against, or a prerequisite for , taking any other action against a
User.
b. Civil Penalties.
(I) A User who has violated, or continues to violate, any provision of
this Chapter, an industrial wastewater permit, or order issued
hereunder, or any other Pretreatment Standard or Requirement shall
be liable to the City for a maximum civil penalty not to exceed five
thousa nd dollars ($5 ,000.00) per day , per violation. In the case ofa
monthly or other long-term average discharge limit, penalties shall
accrue for each day during the period of violation.
(2) The City may recover reasonable attorneys' fees , court costs, and
other expenses associated with enforcement activities, including
sampling and monitoring expenses, and the cost of any actual
damages incurred by the City.
(3) In determining the amount of civil liability , the court shall take into
account all relevant circumstances, including, but not limited to, the
extent of harm caused by the violation , the magnitude and duration
of the violation , any economic benefit gained through the User's
violation , corrective actions by the User, the compliance history of
the User, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a
prerequisite for , taking any other action against a User.
c. Crimina l Pros ecu tion. A User who willfully or negligently violates any
provisi o n of this Chapter or willfully, negligently introduces any substance
into the POTW which causes personal injury or property damage or
knowingly makes any false statements, representations , or certifications in
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a ny appli cati o n , reco rd , re po rt , pl a n, or o th e r d o cum e nt ati o n fil e d o r
re quired to be m a inta in e d a n industri a l w astewa te r pe rmit or o rder iss ue d
hereunde r, o r a ny o th e r Pre treatm e nt St a ndard o r Re quire m e nt. s ha ll up o n
conv iction , be g uilty ofa mi s d e m eano r. puni s ha bl e by a fin e no t to exceed
fi ve th o usa nd d o ll a rs ($5 ,000.00) pe r d ay pe r v io lati o n a nd be s u bj ect to
imp ri sonm e nt fo r no t mo re th an o ne (I) year, o r bo th .
d . Remedies Non-fa:clusive . T he re m e di es p rov id e d fo r in thi s C ha pte r are not
exc lu s ive o f any o th e r re m e di es th at th e C ity m ay h ave und e r th e
p ro vi s io ns o f Colo rad o Fe d e ral and St a te law. The C ity m ay take any, a ll ,
o r any co mbin ati o n o f th ese ac ti o ns ag ain st a no n-co mpli ant User.
En fo rcem e nt o f pre treatm e nt v io lati o ns will genera ll y be in accord a nc e
w ith th e En fo rce m e nt Res p o nse Pl a n . H owever, th e C ity m ay take o th e r
acti o n again s t a ny User w he n th e circum s ta nces warra nt a nd m ay ta ke
m ore th a n o ne ( 1) e n force m e nt ac ti o n aga in st a ny no n-co mpli ant User.
5 . Supplemental Enforcement Acti ons .
a . Perfor mance Bonds. The C it y m ay d e cline to issue o r re issue a n indu stri a l
waste wate r pe rmit to any User wh o has fa ile d to co mpl y with a ny prov is io n
of thi s Cha pt e r, a prev io us indus tri a l waste wate r pe rmit, o r o rd e r issue d
he re unde r, o r any o th e r Pre treatm e nt Standard o r Re quire m e nt , unl es s s uch
Us e r fir s t fil es a sati sfacto ry bo nd , payabl e to the C ity of E ng lewood , in a
s um no t to exceed a valu e d e te rmine d by th e C ity to be nece s sary to assure
co n siste nt co mpli a nce.
b . Liab ili ty Insurance . T he C ity m ay d eclin e to issue o r re iss ue a n indus tri a l
wastewate r pe rmit to any User w ho has fa il e d to co mpl y w ith any prov is io n
o f th e pe rmit o r o rd e r issue d he re unde r, o r a ny othe r Pre treatm e nt Sta nd ard
o r Re quire m e nt , unl ess th e User fir s t submits p roo f th at it has o bta in e d
fin anc ia l ass ura nces s uffi c ie nt to resto re o r re pa ir d am age to th e POT W
caused by it s di scha rge.
c . Payment of Outs tanding Fee s and Penalties . The C it y m ay d e cline to is sue o r
re issue an indus tri a l w as te w ate r p e rmit to an y User who has fa il e d to pay a ny
o utstanding fees, fin e s o r p e na lti es incurred a s a res ult o f any prov is io n o f
thi s C hapte r, a prev io us indu stri a l wast e w ate r pe rmit , o r o rd e r issued
he re under.
d . Pub lic Nuisances. A v io lati o n of a ny p rov is io n of thi s C ha pte r, a n indus tri a l
waste w ate r pe rmit , o r o rd e r issued here und e r, o r a ny o th e r Pre treatm e nt
Stand ard o r Re quire m e nt is he re by d ec la re d a publi c nui sance and s ha ll be
corrected o r a bate d as directe d by the C ity. A ny person(s) c reatin g a public
nuisance sh a ll be s ubj e ct to th e prov is io ns o f th e C ity Muni c ip a l Code
gove rnin g such nui sances . in c luding reimbursing th e C it y fo r a ny costs
incurred in re m o ving, aba tin g , o r re m ed y in g s a id nui sanc e .
e. Con tr ac tor Li sti ng. Users w hich have no t achi eved co mpli ance w ith
a pplicable Pretreatm e nt St and ard s a nd Re quire m e nts a re n ot e li g ibl e to
rece ive a co ntrac tu a l award fo r th e sale o f good s o r serv ices to th e C it y.
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Existing contracts for the sale of goods or services to th e City he ld by a User
fo und to be in Significant Non-Compliance with Pretreatment Standards or
Requirements may be terminated at th e discretion of the City.
6. Affirmative Defenses to Discharge Violations.
a. Upset.
(I) For the purposes of this Section , upset means an exceptional incident
in which there is unintentional and temporary non-compliance with
Categorical Pretreatment Standards because of factors beyond the
reasonable control of the User . An upset does not include non-
compliance to the extent caused by operational error, improperl y
d es igned treatment facilities, inadequate treatm e nt facilities , lack of
preventative maintenance, o r careless or improper operation.
(2) An upset shall constitute an affirmative defense to an action brought
for non-c ompliance with Categorical Pretreat m ent Standards ifthe
requirements of paragraph (3) bel ow, are m et.
(3) A User who wishes to establish th e a ffirmative defense of upset shall
d emonstrate, through properly signed, co ntemporaneous operating
logs, or other relevant evidence that:
(a) An upset occurred and the User can identify the cause(s) of the
upset ;
(b) The facility was at th e t ime being operated in a prudent and
workman-like manner and in compliance with applicable
operation and maintenance procedures ; and
(c) The User has submitted the following information to the City
within twenty-four (24) hours of becoming aware of the upset (if
this information is provided orally, a written submission must be
provided within five (5) days);
(i) A descript io n of the indirect discharge and cause of no n-
compliance;
(ii) The period of non -compliance, including exact dates and
times or, if no t corrected , the a nticipated time the non -
compliance is expected to continue ; and
(iii) Steps being taken and/or planned to reduce , eliminate,
and prevent recurrence of the non-c o mpliance .
(4) In any enforcement proceeding, the User seeking to establish the
occurrence of an upset shall hav e burden of proof.
(5) Users shall have the opportunity for a judicial determ inati o n on any
c laim of upset only in an enforcement action brought for non-
comp liance with Categorical Pretreatment Standards .
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(6) Users shall control (decrease) production or all discharges to the extent
necessary to maintain compliance with Categorical Pretreatment
Standards upon reduction , loss, or failure of its treatment facility until
the facility is restored or an alternative method of treatment is
provided. This requirement applies in the situation where, among other
things, the primary source of power of treatment facility is reduced,
lost or fails.
b. Prohibited Discharge Standards. A User shall have an affirmative defense to
an enforcement action brought against it for non-compliance with the general
and specific prohibitions in 12-2-S(B)(l) ifit can prove that it did not know,
or have reason to know, that its discharge, alone or in conjunction with
discharges from other sources, would cause interference or pass-through and
that either:
( 1) A local limit exists for each pollutant discharged and the User was in
compliance with each limit directly prior to, and during, the
interference or pass-through ; or
(2) No local limit exists , but the discharge did not change substantially in
nature or constituents from the User's prior discharge when the City
was regularly in compliance with its CDPS permit , and in the case of
interference, was in compliance with applicable sludge use or disposal
requirements ; or
(3) The User disclosed the pollutants causing the violation in the
wastewater permit application.
ill For the purnoses of this Section Bypass means the intentional
diversion ofwastestreams from any portion of a User's treatment
facility . Severe property damage means substantial phvsical damage to
property damage to the treatment facilities which causes them to
become inoperable or substantial and permanent loss of natural
resources which can reasonably expected to occur in the absence of a
bypass Severe property damage does not mean economic loss caused
bv delays in production.
ill A User may allow anv bypass to occur which does not cause
Pretreatment Standards or Requirements to be violated but only if it
also is for essential maintenance to assure efficient operation. These
bvpasses are not subject to the provision of paragraphs (3) and ( 4 ).
ill Bypass Notifications
(fil !fa User knows in advance of the need for a bypass. it shall submit
prior notice to the City at least ten (IQ) days before the date of
the bypass. if possible.
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!hl A User shall submit oral notice to the City of an unanticipated
bypass that exceeds applicable Pretreatment Standards within
twenty-four (24) hours from the time it becomes aware of the
bypass A written submission shall also be provided within five
(5) days of the time the User becomes aware of the bvpass The
written submission shall contain a description of the bvpass and
its cause· the duration of the bypass including exact dates and
times and ifthe bypass has not been corrected the anticipated
time it is expected to continue· and steps taken or planned to
reduce eliminate. and prevent reoccurrence of the bypass. The
City may waive the written report on a case-by-case basis ifthe
oral report bas been received within twentv-four (24) hours
ill Bypass is prohibited and the City may take an enforcement action
against a User for a bypass unless·
w Bypass was unavoidable to prevent loss of life personal injury .
or severe property damage·
!hl There were no feasible alternatives to the bypass such as the use
of aux iliary treatment facilities retention of untreated wastes. or
maintenance during normal periods of equipment downtime .
This condition is not satisfied if adequate back-up equipment
should have been installed in the exercise of reasonable
engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventive
maintenance· and
LI;) The User submitted notices as required under paragraph (3)
ill the City may approve an anticipated bypass. after considering its
adverse effects if the City determines that it will meet the three
conditions listed in paragraph (4)
J K-Recovery of Costs:
I. It is the purpose of this section to provide for the recovery of costs from users of
the City's wastewater disposal system for the implementation of the program
established herein. These fees relate solely to the matters covered by these
Industrial Pretreatment Program Regulations and are separate from all other fees
chargeable by the City.
2 . The City may adopt charges and fees that may include :
a. Fees for reimbursement of costs of setting up and operating the POTW's
pretreatment program;
b. Fees for industrial user identification monitoring, inspections and
surveillance procedures ;
c . Fees for reviewing spill prevention and control procedures and
construction;
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d . Fe es fo r pe rmit iss ua nc e, in c ludin g publi c notic e costs;
e. Fees fo r filin g a pp ea ls;
f. Fees fo r co ns iste nt re mova l of po llutant s oth erw ise s ubject to Fe dera l
Pretreatm e nt Stand a rd s ;
g. Fees fo r th e cost of publi cati on in th e newspa pe r fo r annu a l S ig nific ant
No n-Co mpli ance no tifi cati ons; and
h . Oth e r fees as th e C it y may d ee m necessary to carry o ut th e requireme nt s
cont a in ed he re in.
3. C ivi l Fine Pa ss-Thr ough. In th e event th at a User di s cha rges su ch p o llut ants
whi c h cause th e C ity to v io late a ny co nditi o n o f it s C OPS permit a nd th e C ity is
lined by EPA o r th e Sta te for suc h v io lati o n, th en suc h Use r sha ll be full y li a bl e
fo r th e tota l amo unt of th e lin e assessed aga in st th e C ity by EPA a nd /o r th e State.
4. Indus trial S urc harge Cos t Recovery. Indu stri es that are pe rmitt ed as S ignifica nt
Indu stri a l Users or have bee n issued a wastewat er co nt ro l pe rmit a nd Htffi
di sch arge wastewater w ith BOD, C OD a nd/o r TSS in ex cess of Norm a l Dom esti c
Streng th W astew ater ( 12-2-1 (D)) will be c harged for th e cost of h andling and
treatm e nt of th ese w astes as specifi ed in Secti on 12-2-3(0 )(2). The u se of
surcha rges does not pe rmit th e Use r to o therwi se exceed a ny pro hibiti o ns, lo cal
limits, o r BMPs s pec ifi ed at 12-2-5 (8) a nd (H !), or a ny Fede ral a nd State
Pre tr eatm e nt Stand ard s o r Require me nt s.
Secti o n 5 . S a fety C la uses . T he Ci ty Council he re by finds , de te rmin es, and decla res th at
thi s Ordina nce is p ro mul gated und er th e general po lic e power of th e C ity o f Eng lewood. th at
it is p ro mul gated fo r th e health . safety, an d wel fa re o f th e publi c, a nd th at thi s Ordin a nce is
necessary fo r th e prese rvati on of health and safe ty a nd fo r th e pro tecti on of publi c
conve ni ence a nd wel fa re. T he C it y Coun c il furth e r dete rmin es th at th e Ordin ance bears a
rati ona l relati o n to th e pro pe r legis lati ve o bj ect soug ht to be o bta in ed .
Sec ti o n 6. Severabilitv . If any c la use , se nt ence, pa ragra ph , or part of thi s Ordin ance o r
th e a ppli cati o n th ereof to any person o r circ um stances shall fo r any reaso n b e adjudged by a
court o f comp ete nt jurisdi c ti o n in valid, such judg ment sha ll not affect, imp a ir o r in valid ate
th e rem a ind e r o f thi s Ordin ance or it a ppli cati on to o th e r pers ons o r c ir c um sta nces.
Secti o n 7 . In co ns iste nt Ordina nces. A ll oth er Ordin an ces o r po rti on s th e reof in cons istent
o r confli ctin g w ith thi s Ordin a nce o r a ny p o rti o n he reof a re he re by re pealed to th e extent of
such in co ns ist ency or conflict.
Sec ti o n 8 . Effect o f re peal o r modifi cati o n. The re peal o r modifi cati o n of a ny p rov ision
of th e Code o f th e C ity o f En g lewood by thi s Ordina nce shall no t re lease. extin g ui sh , a lt er,
modi !)'. or c ha nge in w ho le o r in pa rt a ny pena lty, fo rfe iture, o r li a bil ity , e ith e r c iv il or
crimina l, w hi ch s ha ll have been in c urred und e r s uch p rovi si on, a nd eac h p rov is io n sha ll be
tr eated a nd he ld as still rem a inin g in fo rce fo r th e purposes o f s ust a inin g any a nd a ll pro pe r
ac ti o ns , suit s, p rocee din gs , a nd prosec uti o ns for th e e n fo rc e ment of th e p ena lt y, fo rfe iture, o r
li a bility, as we ll as fo r th e purpose of susta inin g a ny j udg m ent , d ec re e, o r o rd e r w hi ch can or
may be re nde red , e nt e red, o r m ade in s uc h ac ti o ns, s uit s , pro ceedin gs. o r p rose cutio ns.
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Secti o n 9. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance .
Introduced , read in full , and passed on first readin g on th e __ day of ____ _
2017.
Published by Title as a Bill for an Ordinance in the City 's o fficial newspaper on the __ _
day of ,2017.
Published as a Bill for an Ordinance on the City 's official website beginning on th e __ day
of , 2017 for thirty (30) days.
Joe Jefferson , Mayor
ATTEST:
Stephanie Carlile , Acting City Clerk
I, Stephanie Carlile , Acting City Clerk of the City of Englewood , Colorado , hereby certify that
the ab ove and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and
passed on first reading on the day o f , 2017 .
Stephanie Carlile
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FINAL READING FOR LEGISLATION
Read by titl e a nd passed on fin a l rea din g o n th e __ day o f _____ , 2017 .
Publi shed by titl e in th e C ity's o ffi c ia l news pa per as Ordin a nce No._, Seri es of
2 017 , on th e __ day of ___ , 2017 .
Publi s hed by titl e o n th e C it y 's o ffici a l we bs it e beg innin g o n th e __ day o f
________ , 2017 fo r thirt y (3 0 ) d ays .
Thi s Ordin ance sh a ll ta ke e ffect thirty (30 ) days aft er publi cati on fo ll owin g fin a l
passage.
Joe J e ffe rso n , Mayor
ATTEST:
Ste ph a ni e Carlil e, Actin g C ity C le rk
I, Ste ph a ni e Carlil e, Acting City C lerk o f th e City o f Eng lew ood , Co lorado, he re by ce rti fy
th at th e a bove and fo rego in g is a tru e co py of th e Ordinance passed o n fin a l re adin g and
publish ed by titl e as Ordin anc e No._, Seri es o f2 0 17 .
St e ph a ni e Carlil e
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LITILETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage, Executive Assistant
FROM : Jon Bridges, WWTP Industrial Pretreatment Administrator
March 3, 2017 DATE
SUBJECT: CHANGES TO MUNICIPAL CODE , CITY OF ENGLEWOOD TITLE
12 , CHAPTER 2
The Littleton/Englewood Wastewater Treatment Plant (LIE WWTP) Industrial Pretreatment
Division (Division) has drafted proposed revisions to the Industrial Pretreatment portions of the
City of Littleton City Code (7-5-25) and City of Englewood Municipal Code (12-2-5). The
revisions fall into the following four categories:
• Revisions required by EPA as a result of the 2014 audit of the LIE WWTP Industrial
Pretreatment program or by the 2016 EPA Pretreatment Compliance Inspection of the
LIE WWTP Industrial Pretreatment program ,
• Revisions recommended by the EPA per the Industrial Pretreatment Streamlining Rule ,
• Revisions recommended by the LIE WWTP Industrial Pretreatment Division , and
• Revisions recommended by the LIE WWTP to implement or revise select fees for
inspections, re-inspections and septic receiving station rates .
These revisions have been reviewed and were found to be acceptable by Al Garcia, the EPA
Region 8 Pretreatment Coordinator; Dugan Comer, Englewood Acting City Attorney; and
Brandon Dittman , attorney with Kissinger & Fellman , P.C ., representing the City of Littleton. A
brief summary of the proposed revisions are presented below .
I. Rev isions Required by the EPA per Corrective Actions Identified During Audit(s)
The EPA conducted two audits of the Pretreatment program administered by the Littleton-
Englewood Wastewater Treatment Plant (LIE WWTP) (February 2014 and April 2016). The
audits identified corrective actions based on regulatory requirements and recommendations
associated with implementing the Pretreatment program . The propo sed changes will meet the
corrective action requirements , more clearly define legal authority to implement pretreatment
rules and regulations , and align the ordinance to current operating procedures .
These changes include, but are not limited to:
Page 90 of 263
• Delegation of Industrial Pretreatment responsibilities to municipalities or sanitation
districts that contribute wastewater to LIE WWTP [12-2-5 (A)(2)(c), 12-2-5 (A)(3)(a),
12-2-5 (I)( I )(a)].
• Incorporating the full text of 40 CFR Part 403 .17 for the provisions of "bypass" in the
affirmative def ens es to discharge vi o lations .. Bypass is defined by EPA as the intentional
diversion of wastestreams from any portion of an Industrial User's treatment facility.
Existing language provides only a portion of the full text [ 12-2-5 (J)(6)( c)].
II. Revisions Recommended by the EPA per Pretreatment Streamlining Rule
The Streamlining Rule was designed to reduce the overall regulatory burden on both Industrial
Users (!Us) and Control Authorities without adversely affecting environmental protection .
Adding the following provisions would allow the Cities to reduce monitoring and reporting
requirements for select permitted facilities . Examples include :
• A waiver for sampling of pollutants not present in the industrial users ' wastewater [ 12-2-5
(E)(l)(e)]
• Addition of the "Non-Significant Categorical Industrial User" classification [ 12-2-5
(D)( l )(a)]
• Addition of language allowing reduced reporting frequency for certain significant
industrial users meeting specified requirements based on discharge volumes and pollutant
concentrations [12-2-5 (D)(l)(t)]
III.Revis ions Recommended by t he LIE WWTP Ind ustria l Pretreatment Division
The Industrial Pretreatment Division has identified several areas of the city codes where changes
will clean up existing language and allow for more efficient management of the Cities ' Industrial
Pretreatment program . Examples of these changes include:
• Adding and removing select definitions to ensure a definition is provided or avoid the
redundancy of definitions [ 12-2-1]
• Addition of the following three specific prohibitions to better protect the LIE WWTP and
its workers :
o Medical wastes in amounts or concentrations that will cause problems [ 12-2-5
(8)( I )(y)]
o Alkaline hydrolysis processes without prior written approval [ 12-2-5 (8)( I )(x)]
o Hydraulic fracking and drilling activity wastewater without prior written approval
[ 12-2-5 (8)( l )(z)]
• Updating the information required on Wastewater Permit Applications [ 12-2-5 (D)(5)]
• Adding a provision allowing Industrial Wastewater Permits to be transferred to a new
owner [ 12-2-5 (D)( IO)]
Page 91 of 263
• Adding the option for industrial users to submit Industrial Waste Surveys in electronic
format in addition to hard-copy format [ 12-2-5 (E)(6)(f)]
• Adding photo documentation and electronic recording provisions to inspection and
reporting procedures [ 12-2-5 (F)(2)(a)( l )]
• Adding an 'Industrial User Permit' classification that can be used to impose limitations,
restrictions, and requirements on select industries without subjecting them to the full
requirements of a 'Significant Industrial User' designation [( 12-2-5 (H)]
• Formalizing and defining the following three levels of enforcement in the City 's
administrative enforcement actions [ 12-2-5 (J)], including :
o Verbal notification
o Warning letter
o Notice of non-compliance
IV Rev isions for Recovery of Costs
The Division prepared a study to evaluate current fees imposed on commercial businesses,
sanitation d istricts , and septic waste haulers in the LIE WWTP service area . The purpose of this
study is to determine if ex isting fee structures , or ifthe addition of certain fees should be added ,
to fully cover the expenses incurred by the cities to implement the pretreatment program and
treat hauled wastes.
The Division has identified the following as proposed changes/additions to current programs or
policies:
• Revision to the septage disposal rate for the Trucked and Hauled Septage Program from
$0.06 per gallon to $0 .09 per gallon [12-2-3 (I)]. The $0 .06 per gallon was established
approximately 15 years ago. A cost of treatment analysis has been performed and it has
been determined that an adjustment to $0 .09 per gallon is required to fully cover the costs
to treat septic waste, maintain equipment, and administer the Septic Waste program.
• Introduction of a $100 fee for re-inspections required due to failure of businesses to
correct noncompliant issues or violations identified during sector control inspections [ 12-
2-3 (D)(5)]. This fee may be used when businesses fail , after multiple notifications by the
Division , to come into compliance with Municipal Code requirements .
• Introduction of a $50.00 charge to sanitation districts to recover costs for inspections
conducted by Division personnel in sanitation districts due to the district 's inaction ,
refusal to inspect, or lack of personnel to inspect sector control program industrial users
[12 -2-3 (D)(6)]. This charge is referenced in the new Wastewater Connector Agreement
Addendum for each sanitation district.
• Addition to the "Industrial Surcharge Cost Recovery" program to allow the City to
surcharge industrial users not otherwise defined as a Significant Industrial User for the
cost of handling and treatment of pollutant concentrations in excess of Normal Domestic
Strength Wastewater . (Currently the City's ordinances on ly allow for surcharging
Significant Industrial Users for the treatment of high strength wastewater) [ 12-2-5 (K)].
Page 92 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3, 2017
COUNCIL
COMMUNICATION
SUBJECT:
Amended Wastewater Transmission Agreement for
County Line Landfill
DESCRIPTION:
Amended Wastewater Transmission Agreement for County Line Landfill
RECOMMENDATION:
The Water and Sewer board , at their March 14, 2017 meeting , recommended Council approval
of the Wastewater Connector and Transmission Agreement.
PREVIOUS COUNCIL ACTION:
Council approved , at their August 20, 1984 meeting , a Connector's Agreement to provide
treatment for wastewater originating at the County Line Landfill.
In 1987 Council approved an Amendment to the Connector's Agreement which extended the
Connector's Agreement to August 20, 1990.
In October 1, 1990 Council approved to extend and modify an Amendment to the Agreement to
allow a lift station and dewatering sump .
In 1990 Council approved a Consolidated Amendments to Agreements which extended the
Connector's Agreement from August 20 , 1990 to August 20 , 1995.
Council approved , at their May 18, 1995 meeting, the first Amendment to the Consolidated
Amendments to Agreements for treatment of collected storm water from the landfill.
Council approved , at their August 21 , 2006 meeting , the Amended and Restated Wastewater
Transmission Agreement with County Line Landfill.
SUMMARY:
The original 1984 Connector's Agreement allows the County Line Landfill to discharge
accumulated groundwater and condensate to the collection system of the South Arapahoe
Sanitation District , Southgate Sanitation District and the City of Englewood . The existing
Wastewater Contribution Permit expired May 15 , 2008 and the physical connection was severed
due to reduced discharge flow volumes in 2009 . Since 2009 there has been a buildup of
Page 93 of 263
leachate under the landfill cap and the Colorado Department of Public Health and Environment
is requiring removal. The Wastewater Contribution Permit requires the landfill to continue to
submit volume and content data so the pretreatment division can monitor this discharge .
ANALYSIS:
The proposed Agreement has been reviewed and found acceptable by the Englewood City
Attorney's office .
FINANCIAL IMPLICATIONS:
County Line Landfill previously paid a tap fee, as agreed in the original Connector's Agreement.
According to the agreement , discharge is limited to off-peak hours and is charged the regular
sewage treatment charges based on the gallons of leachate discharges , but not less than the
minimum charge for sewage treatment.
ATTACHMENTS:
County Line Landfill Agr. 2017
County Line Landfill Exhibit A
County Line Landfill Memo for W & S Board 2017
Page 94 of 263
WASTEWATER CONNECTOR AND TRANSM I SSION AGREEMENT
THIS WASTEWATER CONNECTOR AND TRANSMISSION AGREEMENT
("Agreement") is made and effective as of the __ day of , 20_, by and between
the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body
corporate and politic of the State of Colorado (the "COUNTY"); the CITY OF ENGLEWOOD, a
Colorado Home Rule Municipality ("ENGLEWOOD"); SOUTH ARAPAHOE SANITATION
DISTRICT, a Colorado quasi-munic ipal corporation ("SOUTH ARAPAHOE"); and WASTE
MANAGEMENT OF COLORADO, INC., a corporation ("WMC").
RECITALS
A . The COUNTY owns the closed County Line Landfill (the "Landfill"), located in
Douglas County , Colorado, at the in tersection of South Colorado Boulevard and County Line
Road .
B . WMC is the operator and manager of the Landfill pursuant to an agreement with
the COUNTY.
C. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill.
D . SOUTH ARAPAHOE 's mains flow into the Big Dry Creek Interceptor (the
"Interceptor"), which is owned in various segments by Southgate Sanitation District
("SOUTHGATE") and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor
Agreement dated as of August I , 1990 (the "BIA"). The Interceptor delivers sewage flows from
SOUTH ARAPAHOE 's service area to the Littleton/Englewood Wastewater Treatment Plant
owned jointly by ENGLEWOOD and the City of Littleton (the "Plant"). ENG LE WOOD operates
and manages the Plant pursuant to an agreement with the City of Littleton.
E. On or about August 20 , 1984 , the COUNTY and ENG LE WOOD entered into a
Connector's Agreement (the "Connector's Agreement") pursuant to which wastewaters from the
Landfill would be discharged to the Plant for a tap fee paid by the COUNTY . The Connector 's
Agreement was amended on June 26 , 1987 to amend the tap fee based on revised discharge
estimates . The Connector's Agreement has since expired.
F . On or about January 21 , 1985, SOUTH ARAPAHOE, the COUNTY,
ENGLEWOOD, and WMC entered into a Wastewater Transmission Agreement (the "1985
Agreement") pursuant to which leachate collected from the Landfill was transmitted to the Plant.
The 1985 Agreement was extended and modified by subsequent Amendments but has since
expired.
G . Under the 1985 Agreement , WMC installed a leachate extraction system and
control sumps (the "Leachate Extraction System ") that were connected to the SOUTH
ARAPAHOE sanitary sewer system. The connection to SOUTH ARAPAHOE facilities is
hereinafter called the "Landfill Tap."
Page I of 10
Page 95 of 263
H . On or about March 31 , 1995 , in recognition of changed circumstances, the parties
entered into an amended and restated version of the 1985 Agreement to add an additional tap ,
referred to a s the "Fairways Tap" (which has since been disconnected and is no longer in service),
and to make other changes . The 1995 Agreement was subsequently extended but has since
expired .
I. In 2008-2009 , upon the determination that the dewatering of the Landfill was
sufficiently complete at that time, pumping from the Leachate Extraction System ceased , the
system was "decommissioned ," and on June 5 , 2009, the Landfill Tap pipeline connection between
the COUNTY 's manhole 178 and SOUTH ARAPAHOE's manhole 17A was plugged with
cement grout to prevent future use of the connection .
J . Subsequently, a portion of the Landfill waste mass has become saturated , creating
a leachate that the Colorado Department of Public Health and Environment ("CDPHE") is
requiring be removed and disposed of to lower the potentiometric level of leachate beneath the
Landfill and maintain that leve l (or lower) into the future .
K . To accomplish the removal and disposal of the leachate in compliance with the
order of CDPHE, the COUNTY and WMC seek to reactivate the Leachate Extraction System at
the Landfill , establish a new connection of the Landfill Tap to SOUTH ARAPAHOE's sanitary
sewer system at or near the prior connection point in manhole F-17 A , and begin discharging
leachate through SOUTH ARAPAHOE 's system to the Plant.
L. SOUTH ARAPAHOE and the other participants in the BIA have no objection to
renovation and reactivation of the Landfill Tap connection for the purpose of discharging fluid
from the Leachate Extraction System , subject to the terms and conditions hereof.
M . ENGLEWOOD and the City of Littleton have agreed to accept the leachate at the
Plant.
AGREEMENT
FOR AND IN CONSIDERATION of the mutual promises and undertakings set forth
herein , the parties agree as follows:
I. Limited Scope of Agreement. The purpose of this Agreement is to permit the
renovation and reactivation of the Landfill Tap and the use of SOUTH ARAPAHOE facilities and
the Interceptor to convey leachate from the Landfill to the Plant as recited herein . This Agreement
shall not be construed or asserted as the basis of any offer or willingness or ability on the part of
SOUTH ARAPAHOE, SOUTHGATE, or ENGLEWOOD to provide sanitary sewer service to the
public generally or to any area outside the specific limits of the Landfill , except as is specifica lly
provided herein.
2 . Landfill Tap . The Landfill Tap shall be governed by this Agreement. A drawing
depicting the anticipated location of the Landfill Tap connection is attached hereto as Exhibit A
and incorporated herein by reference. Once reestablished , the Landfill Tap connection shall not
Page 2of10
Page 96 of 263
be altered or modified m any mann e r without express prior written con s ent of SOUTH
ARAPAHOE.
3 . Fairways Tap. WMC and the COUNTY represent and affirm that the Fairways Tap
has been disconnected and abandoned , and ag ree that the Fairways Tap shall not be reconnected
under the terms of this Agreement. WMC and the COUNTY shall discharge to the SOUTH
ARAPAHOE system exclusively through the Landfill Tap .
4. Connections Limited. WMC and the COUNTY shall prevent the connection of
sewer lines from any area other than the Landfill through the Landfill Tap. In addition to any other
remedies herein provided , SOUTH ARAPAHOE shall have the right immediate ly to disconnect
facilities serving any other area regardless of where the unauthorized connection is made and to
charge the COUNTY and WMC for the costs thereof.
5 . Other Agreements/Permits. All services furnished hereunder by SOUTH
ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall be subject to applicable Rules and
Regulations of SOUTH ARAPAHOE and SOUTH GA TE, as may be amended from time to time;
applicable Ordinances, Rules and Regulations of ENGLEWOOD, as may be amended from time
to time , including the ENGLEWOOD Wastewater Utility ordinance ; and any and all terms and
conditions of any Industrial Wastewater Discharge Permit issued by ENGLEWOOD for the
discharge from the Landfill Tap , as may be amended or reissued from time to time. In addition ,
all services furnished hereunder shall be subject to , and WMC and the COUNTY further agree to
abide by, all applicable state and federal laws , rules , regulations , or permits, including those of the
Environmental Protection Agency (EPA) and the Colorado Water Quality Control Commission
(WQCC), as they may be amended or reissued from time to time.
6 . Tap Allocations . The tap allocations of SOUTH ARAPAHOE under
ENGLEWOOD's tap allocation program , if any, are not affected by the Landfill Tap .
7. Connection Charges.
7 .1 In recognition that the COUNTY previously paid a tap fee associated with
the original Connector's Agreement the amount of which fee was established based upon the
COUNTY 's and WMC's agreement to limit discharge to off-peak times , and because the
COUNTY and WMC have agreed to the same limitation on the times of discharge pursuant to
Section IO below, there will be no new tap fee for the renovation and reactivation of the Landfill
Tap in accordance with the terms hereof.
7 .2 Because of the limitations and restrictions stated herein , the Landfill Tap
shall not be deemed a connection to the Interceptor under the BIA. If, however, d ischarge from
the Landfill Tap causes any unreasonable and unanticipated impact upon any gallons-per-day
capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH
ARAPAHOE. In such event, and if a reasonab le alternative arrangement cannot be reached to
reduce the capacity impact, the COUNTY and WMC may be liab le for the payment of Line
Charges under the BIA , calculated as provided therein , and SOUTH ARAPAHOE may impose
such Line Charges upon the Landfill Tap as are app licable generally within that District. In lieu
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Page 97 of 263
of the foregoin g, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60)
days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY,
and WMC by SOUTHGATE or ENGLEWOOD, alter the time and rate restrictions on Landfill
discharge into its system so as to eliminate the capacity impact upon the Interceptor.
8 . Service and Maintenance Charges .
8 .1 The SOUTH ARAPAHOE annual base service charge for the Landfill Tap
shall be One Thousand Dollars($ J ,000.00). Such fees shall be paid in advance, on the date of the
execution hereof and on each anniversary thereafter while this Agreement is in effect. If in any
given year, SOUTH ARAPAHOE incurs more than $ J ,000 in consulting fees or m a intenance
charges attributable to the Landfill Tap , the excess amount, to the extent such charges were not
caused by SOUTH ARAPAHOE's own actions or inactions , will be added to the invoice for the
annual service charge in the year next following the year in which the excess costs were incurred.
8 .2 The COUNTY and WMC shall not be liable for any maintenance charges
imposed pursuant to the BIA. It is recognized that ifthe volume of discharge exceeds expectations ,
payment of such maintenance charges deemed reasonable after good-faith negotiation between the
parties may be imposed as a condition of continued connection of the Landfill Tap.
8.3 The COUNTY and WMC agree to pay ENGLEWOOD sewage treatment
charges and other user fees as established by the ENGLEWOOD City Council. The sewage
treatment charges shall be based on the gallonage ofleachate discharged from the Landfill and the
per-unit treatment charge for sewage treatment established by the ENGLEWOOD City Council ;
provided , however, that in no event shall such charges be less than the minimum charge for sewage
treatment established by the ENGLEWOOD City Council. Such charges shall be subject to
adjustment from time to time by the ENGLEWOOD City Council.
9 . Costs Reimbursement. The COUNTY and WMC shall be jointly obligated to
reimburse SOUTH ARAPAHOE a one-time sum not to exceed Six Thousand Dollars ($6,000 .00)
for the engineering and legal fees incurred in connection with this Agreement. After this
Agreement is signed by all parties and consenting parties , an itemized written statement of such
engineering and legal fees , which shall include but are not limited to review and approval of this
Agreement by SOUTH ARAPAHOE'S legal counsel and consulting engineer, shall be provided
by SOUTH ARAPAHOE to the COUNTY Attorney as an attachment to an email. The County
Attorney shall reply to such email confirming receipt of the attachment as soon as practicable, and
reimbursement shall be due within thirty (30) days after the COUNTY 's receipt of such written
statement.
I 0 . Discharge Limitations . No wastewater from the Landfill Tap shall be discharged
into SOUTH ARAPAHOE facilities between the hours of5 :00 a.m . and 10:00 a .m. or between the
hours of 5 :00 p .m . and I 0 :00 p.m. daily . The rate of discharge shall not exceed fifteen (l 5) gallons
per minute during the hours of discharge. The foregoing maximum discharge rates shall be subject
to change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely
affect the availability of peaking capacity in SOUTH ARAPAHOE facilities or the Interceptor.
Page 4 oflO
Page 98 of 263
11. Emergency Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD
shall at all times have the right , without liability for damages to the COUNTY or WMC, to
interrupt the discharge through the Landfill Tap in the event of a blockage or rupture anywhere
within the SOUTH ARAPAHOE system , the Lnterceptor , or the Plant, or ifthe discharge from the
Landfill Tap contains an unreasonable level of any hazardous or toxic substance. Should such an
interruption occur, the COUNTY and WMC shall be notified immediately.
12 . Metering: Monitoring: Reporting.
12.1 The COUNTY and WMC shall install a flow meter to measure the waste-
leachate flow into the SOUTH ARAPAHOE system, which meter shall be selected and installed
in conformity with industry standards and shall meet any specifications and installation standards
required by CDPHE, and such installation shall be a condition of connection and service
hereunder. The COUNTY and WMC shall properly operate, maintain , and repair the meter
(including replacement as needed), and keep the same calibrated accurately, and shall provide
access for SOUTH ARAPAHOE to inspect the meter at any time .
12 .2 During the term of this Agreement, the COUNTY and WMC will furnish
SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD with copies of any and all flow
records, analytical reports , tests, and test results involving the leachate removal program submitted
by them to CDPHE . Additionally, SOUTH ARAPAHOE may monitor the Landfill Tap, review
any flow records, analytical reports, and tests made by any of the parties, and have access to the
Landfill Tap to examine, inspect, and make such tests of the Landfill Tap discharge as it deems
necessary, provided that in exercising its rights hereunder, SOUTH ARAPAHOE does not
interfere unreasonably with the operation of the Landfill Tap or impose an unreasonable
administrative burden on the COUNTY and/or WMC .
12.3 If and to the extent required by law or applicable regulations, the COUNTY
and WMC shall monitor contaminants present in the discharge at the Landfill Tap, and shall
provide copies of any documents submitted to CDPHE to SOUTH ARAPAHOE, SOUTHGATE,
and ENGLEWOOD and shall notify SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD
immediately of any changes or new toxic or hazardous material found .
13. Cure of Violations . The COUNTY and WMC shall within a reasonable amount of
time correct any violations or breaches of this Agreement, or other conditions reasonably
determined by SOUTH ARAPAHOE , SOUTHGATE, or ENGLEWOOD to be injurious to
SOUTH ARAPAHOE facilities , the Lnterceptor, or the Plant. Upon the failure of the COUNTY
or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE,
SOUTHGATE, or ENGLEWOOD, any or all of said parties shall have any or all of the following
remedies : (I) undertake such corrective action as it deems necessary to halt Landfill discharge
into SOUTH ARAPAHOE facilities; (2) disconnect the Landfill Tap from SOUTH ARAPAHOE
facilities ; and (3) obtain injunctive or other relief from any court of competent jurisdiction. Such
remedies shall be cumulative, and the COUNTY and WMC shall be jointly and severa lly
responsible and liable to SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD, as
appropriate , for all expenses, including engineering and attorney fees , incurred in connection with
the corrective work .
Page 5 of JO
Page 99 of 263
14. Term /Termination .
14.1 Unless sooner terminated for any reason elsewhere provided, this
Agreement shall extend through December 31 , 2032 .
14 .2 Any party may terminate this Agreement sooner for any of the following
reasons :
a . Any party commits a material breach of any provision hereof and
fails to cure the same within a reasonable time after service of reasonable notice of breach
upon it , which notice shall identify with particularity the act or omission complained of
and the cure that is demanded ;
b. SOUTH ARAPAHOE reasonably determines that the rate of
discharge substantially exceeds the limitations set forth in Section I 0 , above;
c.
from the Landfill.
d .
ENGLEWOOD or the Plant refuses , for good cause, to treat leachate
THE COUNTY or WMC fail to obtain or maintain an Industrial
Wastewater Discharge Permit from ENGLEWOOD, or such permit is revoked pursuant to
the terms and conditions of the Englewood Municipal Code, including for any violation of
the conditions of such permit, or any violation of the applicable state and federal
regulations .
e . If in the COUNTY's discretion , the need for disposal of the fluids
contemplated by this Agreement is completed, and no need for additional disposal in the
foreseeable future is reasonably anticipated .
15. Transmission Liabilities Limited. Neither SOUTH ARAPAHOE,
nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by
discharge from the Landfill Tap, but nothing herein shall be construed to relieve SOUTH
ARAPAHOE from liability or responsibility for its failure or refusal promptly to carry out
reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the
discharge of hazardous wastes from the Landfill Tap . Further, nothing in this paragraph shall be
construed to prohibit ENGLEWOOD from including costs to repair damage to the Plant caused by
discharge from the Landfill Tap in the revenue requirements for its treatment charges applicable
generally to all customers served by the Plant.
16 . Non-Appropriation . Notwithstanding any of the foregoing, pursuant to C.R.S . §
29-1-110 , as amended, the financial obligations of the COUNTY as set forth herein after the
current fiscal year are contingent upon funds for the purpose being appropriated, budgeted, and
otherwise available. This Agreement is automatically terminated on January 1 of the first fiscal
year for which funds are not appropriated . The COUNTY shall give the other parties hereto written
notice of such non-appropriation .
Page 6of10
Page 100 of 263
17. Miscellaneous Provisions .
17. I This Agreement shall not be assigned, sold , or transferred by the COUNTY
or WMC without the written consent of SOUTH ARAPAHOE.
17 .2 This Agreement shall not be used as a legal defense or prohibition to a
mandatory consolidation of all existing sewer collection systems and facilities into a single
governmental entity created to assume responsibility for sewer service in the area in which the
COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under statutory or constitutional
authority, a s may be the case .
17.3 Should any federal law , rule, permit or regulation or any state law , rule,
perm it , or regulation , or should a decree or order of a court render void or unenforceable any
provisions of this Agreement, in whole or in part, if possible, the remainder shall be of full force
and effect.
17.4 This Agreement supersedes, terminates and replaces the Connector's
Agreement , the 1985 Agreement, the 1995 Agreement, and all amendments and extensions of any
of these agreements , in their entirety.
17 .5 The above and foregoing constitutes the whole agreement between the
parties , and no additional or different oral representation , promise, or agreement shall be binding
upon any of the parties hereto with respect to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals , effective the day and
year first above written .
THE REMAINDER OF THIS PAGE INTENT IONALLY LEFT BLANK
Page 7 of I O
Page 101 of 263
ATTEST:
Barbara LeBlanc, Clerk to the Board
(SEAL)
ATTEST:
Name
Title
(SEAL)
BOARD OF COUNTY COMMISSIONERS ,
COUNTY OF ARAPAHOE
By :
Nancy Sharpe, Chair
Date: ---------' 20_
C ITY OF ENGLEWOOD, COLORADO
By:
Date :
Name
Title
---------' 20 _
Page 8of10
Page 102 of 263
ATTEST :
Name
Title
(SEAL)
ATTEST:
Name
Title
(SEAL)
SOUTH ARAPAHOE SANITATION DISTRICT
By :
Date :
Name
Title
---------' 20 _
WASTE MANAGEMENT OF COLORADO, INC .
By:
Date :
Patrick Madej
Area Director
---------' 20 _
Page 9of 10
Page 103 of 263
CONSENT OF SOUTHGATE SAN ITATION DISTR ICT
SOUTHGATE SANITATION DISTRICT, being a party to the Basin Interceptor Agreement,
consents to a ll terms and provisions of the above and foregoing WASTEWATER CONNECTOR
AND TRANSMISS ION AGREEMENT.
Dated this __ day of __________ , 20 __
ATTEST:
Name
Title
(SEAL)
SOUTHGATE SANITATION DISTRICT
By :
Date:
Name
Title
_________ ,20
Page IO of IO
Page 104 of 263
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SCALE IN FEET
EXHIBIT A
Anticipated Location of Landfill Tap Connection
(at "MH-17A (SASD)")
Arapahoe County Leachate Extraction System
Countv Line Reconnection
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
TO :
FROM:
DATE
SUBJECT :
MEMORANDUM
Cathy Burrage , Executive Assistant
Jon Bridges, WWTP Industrial Pretreatment Administrator
March 3 , 2017
COUNTY LINE LANDFILL TRANSMISSION AGREEMENT
The County Line landfill , located at 8650 South Colorado Boulevard, Douglas County is owned
by Arapahoe County. The landfill was an active municipal waste disposal faci lity from I 960 's -
late I 980 's when it was closed for dumping . The closed municipal landfill is managed and
maintained by Waste Management of Colorado .
A Connector's Agreement was made between the Landfill and the City of Englewood in 1984
for the treatment of landfill leachate at the LIE WWTP as the property is located outside of the
LIE WWTP service area . A Wastewater Transmission Agreement was made between the landfill ,
South Arapahoe Sanitation and the City in 1985 allowing the landfill to tie in and convey
wastewater through the wastewater collection system.
The agreements were amended and consolidated over the next twenty years . Due to reduced
discharge flow volumes , the existing agreements and the Industrial Wastewater Discharge Permit
issued by the LIE WWTP were allowed to expire. The physical sewer connection was severed
under the guidance of South Arapahoe Sanitation district in 2009 .
Since 2009 , there has been a buildup of leachate under the landfill cap that the Colorado
Department of Public Health and Environment is requiring to be removed . Arapahoe County and
Waste Management are seeking approva l through a combi ned Connector and Wastewater
Treatment Agreement with the City of Englewood and South Arapahoe Sanitation to reconnect
sanitary sewer services for the conveyance and treatment of the landfill wastewater to the LIE
WWTP. The agreement also involves various sewer interceptor segments owned by Southgate
Water and Sanitation and the C ity of Englewood .
The proposed Agreement has been crafted by Arapahoe County and has gone through formal
review by Hill and Robbins (LIE WWTP Plant Attorney), The City of Englewood City
Attorney 's office , LIE WWTP Management, and Semple Law , representing South Arapahoe
Sanitation District.
Page 106 of 263
!fiEffQlewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3, 2017
COUNCIL
COMMUNICATION
SUBJECT:
Cherry Hills Village Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
Cherry Hills Village Sanitation District Addendum to Wastewater Connector's
Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Cherry Hills Village
Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988.
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts .
The Cherry Hills Village Sanitation District will continue to own the mains and will be responsible
for capital improvements in its system. The attached map shows the Cherry Hills Village
Sanitation District. The Englewood Water and Sewer Board approved the Addendum at their
March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Cherry Hills Village Sanitation District.
FINANCIAL IMPLICATIONS:
None.
ATTACHMENTS:
Page 107 of 263
Cherry Hills Village Sanitation District Addendum -2017
Connector Addendums Memo to W & S Board 2017
Page 108 of 263
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For Sanitation Districts with Industrial Users
This Addendum is made and entered into this '-Jr"'-day of _'1_,__P_L_.;.l_L-_____ _
2016, to be effective as of tlJ At L l J 1 :Lo l 1 , 2016, by and between the CITY
of ENGLEWOOD , COLORADO , hereinafter referred to as "City'', a municipal corporation ,
acting by and through its duly elected , qualified and authorized Mayor and City Clerk , and
Cherry Hills Village Sanitation District
(Name ofSanitlllion Districl)
0.. rl-\U..v\;c..; ('•-{ CvV-fCJv-di\1"\. oftheStateof
• (1 ypc of Entit y)
Colorado , hereinafter called "District", acting by and through its authorized Representative .
WITNESS ETH
WHEREAS , the City and the District previously entered into a Wastewater Connector's
Agreement, ("Agreement ") dated M~ IZ. 1997 , a copy of which is attached
hereto and incorporated by reference~tcn~ich the City and the District agreed that the City would
provide wastewater treatment services to the District through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant"}, and
WHEREAS , the terms and provisions of the orig inal Agreement remain in effect unless
expressly modified by this Addendum; and
WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and District , which
provides the City with the authority to implement the Industrial Pretreatment Program, contained
in 40 CFR Part 403 promulgated by the EPA and Title 12 , Chapter 2, Section 5, of the City of
Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code , for any industrial users currently located or hereafter locating in the District; and
WHEREAS , the Agreement provides that the City's municipal code, ordinances , rules and
regulations shall be applicable to the District ; and
WHEREAS , the District and the City have determined that the provisions of the Agreement
provides the City with sufficient authority to satisfy the inter-jurisdictional agreement
requirements imposed by the EPA; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's standards, rules and regulations
within the service area of the District ; and
WHEREAS, the EPA defines Industrial User as "a source of nondomestic waste " and "any
nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines
"nondomestic user" as "Any person or entity that discharges wastewater from any facility other
than a residential unit ".
Page 109 of 263
NOW THEREFORE , in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
I . The City and District mutually agree to comply fully with all applicable federal , state and
local laws, rules and regulations , including but not limited to 40 CFR Part 403 promulgated
by the EPA , Colorado Regulations 5 CCR I 002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code , as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
2. The parties , from time to time, shall review and revise this Addendum, if necessary , to
ensure compliance with 42 U.S .C. § 1251 et. seq., of the Federal Clean Water Act and
under the federal rules and regulations found at 40 CFR Part 403 issued thereunder and the
City Municipal Code, as necessary, but at least every five (5) years on a date to be
determined by the parties .
I. City Responsibilities
I . The City shall be responsible for and shall accept the following duties and perfonn the
following actions in relation to all current and future industrial users and/or nondomestic
users located within the District and the District agrees to cooperate to the extent necessary
for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perform
technical and administrative duties necessary to assist the District with the
implementation and enforcement of the District's rules and regulations regarding
the use of the District's sewer system . Without limiting the generality of the
foregoing. the City agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all industrial users within the District required to obtain
a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice lo the District of enforcement actions taken by the City
against any Industrial User located within the District boundaries;
(vi) Perfonn any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Pretreatment Program for any
Industrial User located within the District boundaries or jurisdiction.
Page 110 of 263
B. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from industrial users or
nondomestic users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination.
C. The City on behalf of the District agrees to perform the following actions as set
forth in 40 CFR Part 403 .8(!) and summarized as follows :
(i) Control through permit, or similar means, the contribution to the City by
industrial users;
(ii) Require compliance with applicable Pretreatment Standards and
Requirements by industrial users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by industrial users;
(iv) Require the development of compliance schedules by each industrial user
for the installation of technology required to meet applicable Pretreatment
Standards and Requirements;
(v) Require the submission of all notices and self-monitoring reports from
industrial users as are necessary to assess and assure compliance by
industrial users with Pretreatment Standards and Requirements, including,
but not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by industrial users,
compliance or noncompliance with applicable Pretreatment Standards and
Requirements by industrial users;
(vii) Have authorization to enter premises of any industrial user in which a
discharge source or treatment system is located on which records are
required to be kept pursuant to 40 CFR 403. I 2( o) to assure compliance
with Pretreatment Standards;
(viii) Evaluate compliance with the Pretreatment Standards and Requirements
and obtain remedies, including the ability to seek injunctive relief and
assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Pretreatment Regulations .
D. If the District performs its own fats, oils and grease ("FOG") program or petroleum,
oil, grease and sand ("'POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS, program. The City shall then administer
the FOG and POGS program in addition to administrating the remaining Sector
Control Programs on behalf of and as agent for the District. The City shall have the
right to charge a reasonable inspection fee to District for any inspection related to
industrial users within the District.
3
Page 111 of 263
E. In the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to industrial users or nondomestic users within the District.
F. The City shall be responsible for administrating the remaining Sector Control
Programs, in those Districts that perform their own FOG and POGS programs.
II. District Responsibilities
I . The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users within the
District:
A. No later than December 31. 2016, the District shall adopt enforceable local sewer
use rules and/or regulations which are no less stringent and are as broad in scope as
the Industrial Pretreatment Program Section of the Wastewater Utility Ordinance
found in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code
or found in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code.
The City will provide to the District necessary revisions to the regulations from
time to time, and the District will adopt the revisions to its sewer use rules and/or
regulations that are at least as stringent as those adopted by the City.
B. The District will maintain current information on industrial users located within its
jurisdiction and provide industrial users' information to the City upon request. The
District agrees to provide to the City access to all records or documents relevant to
the pretreatment program for any industrial user located within the Districts service
area.
C. The District shall enforce the provisions of its sewer use regulations. In the event
the District fails to take adequate enforcement action against noncompliant
industrial users in the District on a timely basis, the District agrees that the City
may take such action on behalf of and as an agent for the District and provide notice
of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Pretreatment regulations for the industrial users in their District
with the City's oversight of the program . The District agrees that the City may seek
remedy against the District for violating the terms of this Addendum.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of industrial users on behalf of the District , due to inaction, refusal
to inspect, or lack of personnel to inspect, by the District, the City may charge the
District for the costs of any inspections.
4
Page 112 of 263
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an industrial user , court of law, or otherwise ,
the District will take whatever action is necessary to ensure the implementation and
enforcement of its sewer use regulations against any industrial users and
nondomcstic users, within the Districts service area, including but not limited to,
implementing and enforcing its sewer regulations on its own behalf and /or
amending this Addendum to cl arify the City's authority.
G. District responsibilities regarding the FOG and POGS Program . The District IS
NOT responsible for the administration or inspections associated with any sector
control programs.
2. If any term of this Addendum is held to be invalid in any judicial action , the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 113 of 263
CITY OF ENGLEWOOD
Mayor
Attest
District Official -
State of Colorado
County of A-ccq.\a.hoe
)
} SS .
)
The forgoing instrument was acknowledged before me this ij±fi day of
/'.\pCI \ , 20J.k_, atCbur\j µ,·I(~ Vd~c.., Colorado , by
CJ'ia des Sek loss
Witness my hand and official seal.
My Commission expires: _ ___,2>=;}""'2>'""-+'f t'--'~"'-------Y I
KATHY L. McKUNE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944001811
If'( COMMISSlON EXPIRES MARCH 3, 2018
6
Page 114 of 263
CONNECTOR'S AGREEMENT
s AGREEMENT, made and entered into this /.:J.. day of
, 1997 by and between the CITY'oF =E~N~G~W~o~o~,;1c:;C~O~LO-==RAD~O~, a munICTPal corporation, hereinafter
referred o as "City," acting by and through its duly elected,
qualified and authorized Mayor and City Clerk, and ~~~~~~
CHERRY HILLS VILLAGE SANITATION DISTRICT ,
of the State of Colorado, hereinafter called "District," acting
by and through its duly authorized Board of Directors
WITNESS ETH
WHEREAS, the City owns and operates a sewage system,
including a sewage treatment plant which is jointly owned and
operated with the City of Littleton, so situated physically as to
be able to receive and treat the sewage gathered by the District;
and
WHEREAS, it is the desire of the District to utilize the
facilities owned by the City for the treatment of sewage and the
City is willing to serve the District for treatment of sewage
under certain conditions:
NOW, THEREFORE, IN CONSIDERATION of the promises and for
other good and valuable consideration hereinafter set forth, it
is mutually agreed by the parties as follows:
l. The City hereby agrees under the conditions hereinafter set
forth to treat the sewage originating from District's
sanitary sewer system within the area served by the District
as approved by the City, as indicated in the descriptions
attached hereto marked Exhibit A.
District specifically agrees to prevent sewage from any area,
other than that described herein, from being discharged into
District's sanitary sewage system connected to City's trunk
line and to prevent connections to the system from or in any
area other than those described herein.
** See Footnote on last page.
Page 115 of 263
2. In the operation of District's sanitary sewer system,
District agrees that all applicable Code provisions and rules
and regulations of City, including amendments thereto during
the term of the contract, shall be the minimwn standards for
District's system. District further agrees to abide by all
applicable state and federal laws, rules, regulations, or
permits, including those of the Environmental Protection
Agency (the EPA) as they become effective or implemented or
upon notice from the City. District shall inform all users,
contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not
furnish any information inconsistent therewith. In this
regard, it shall be the responsibility of the District to
obtain from the appropriate governing body the applicable
requirements. The City shall attempt to maintain and provide
all requirements to the District; however, city does not
guarantee the accuracy or completeness of government
regulations other than the City•s own regulations.
3. The City's permitting requirements shall be followed by the
District and its users. All plans, specifications and
methods of work within the District shall be submitted to the
city in writing and approved by City prior to any
construction or tap in the District's approved area. No
permit shall be final and no service shall be provided to
property until construction is approved in writing by City.
4. District shall, at all times, properly maintain its sewer
system and shall rectify any problems or conditions which
have been determined by District or city to be detrimental to
city 1 s treatment process. Should the City determine that any
discharge enters the sewer system contrary to governing laws,
ordinances, statutes, rules, regulations or permits, District
agrees to proceed at once to take whatever lawful means may
be necessary to rectify any such problem or condition.
5. city shall have the right to allocate service under this
contract, and City may deny additional service for any
utility-related reason, but in no event will city terminate
any service without cause. city shall have the right to
disconnect service to any area annexed by District when such
annexation takes place without prior written City approval.
District shall provide City within one year of this
agreement, an estimate of the nUJ!lber of equivalent service
taps needed for the next five ( 5) years under current ·zoning
and planned buildout in District's area. District shall
monitor zoning changes within its area to estimate its tap
requirements and provide City with notice of tap requirements
for the next five year period of time in a form satisfactory
to the City. Notice of these requirements shall be given
City on each anniversary date of this agreement.
6. City may impose and collect reasonable fees, tolls and
charges, which shall be uniform as to all outside-City users
-2 -
Page 116 of 263
for the services provided by the City under this Connector's
Agreement.
city shall bill District user directly for all applicable
City charges for services rendered under this Agreement.
Should any user not pay city, City shall bill District and
District shall pay to City within 45 days of such billing the
amount due. These charges are subject to adjustment from
time to ti.me by City; when such charges are changed, city
shall give District forty-five (45) days advance written
notice.
7. The term of this Agreement is for a period of three (3) years
from the date of execution and automatically renewed for six
(6) subseqUent three-(3)-year periods unless either party
gives a minimwn of six months written notice, during which
time District agrees that all effluent produced from taps
within District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other
applicable governmental regulations or the permits under
which the city operates its sewage treatment system. City
agrees, during the term hereof, to treat said effluent and to
maintain adequate facilities for treating of the same.
a. District agrees that it will maintain, at its own expense,
all of its lines, or those lines now owned and operated by
District, it being specifically agreed that City assumes no
responsibility should any of District's lines become clogged,
damaged, or require maintenance. District shall maintain
24-hour service to remedy disruption in service. District
shall, if it deems necessary, notify its users of District's
procedure to remedy service.
9. City is providing only sewage treatment service and, pursuar
thereto, permits incidental use of City's sewage lines only
by this individual contract with District and does not, by
this contract, offer treatment service except in strict
accordance with the terms hereof. This contract does not
offer, and shall not be construed as offering, sewage
treat:Jnent service to the public generally or to any area
outside the limits of the District's service area herein
described.
10. This contract may not be assigned, sold or transferred by
District without City's written consent.
11. Should any federal law, rule, permit or regulation or should
a decree or order of a court render void or unenforceable any
provisions of this contract, in whole or in part, if
possible, the remainder shall be of full force and effect.
12. The District shall enforce this agreement and each of its
terms and conditions within the area described in Exhibit
"A.11 District shall refuse to serve a user or potential
user, disconnect the service of any user pursuant to
-J -
Page 117 of 263
appropriate law, or take other appropriate action in the
event of:
a. Nonpayment by such user of any charge made by City for
services:
b. Any violation or noncompliance by such user with the
terms of this agreement;
c. Violation or noncompliance by such user with the laws,
.rules, permits or regulations of the City, the United
States government, including the EPA, the State of
Colorado, including the Department of Health, or other
law, rule, permit or regulation applicable.
d. Continued breach of this Aqreement by the District
and/or its users shall be considered cause for the City
to tenninate this Agreement.
Should the District fail to promptly rectify a breach of
those provisions identified herein, after notice thereof,
city may take such steps and do such work as it deems
necessary to enforce this agreement, including litigation and
specifically a right to injunction or specific performance
against the District or any of its users as is necessary to
protect the City's system and operations. The prevailing
party shall be entitled to expenses and costs of suit,
including attorney fees. Should more than one District be
connected to a sewer line, all Districts on the line shall be
jointly and severally liable for any breach of this agreement
and each such District shall immediately, after notice,
rectify any problem or condition detrimental to the treatment
process arising within its legal boundaries. City shall not
be required to prove which District is at fault but shall
make available to all such affected Districts all information
developed or accwnulated by City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity
or contribution by any District against another District
connected to a common sewer line. CRS-13-31-111.5 shall
govern the percentage of liability of any District on a
common sewer line in the event the City seeks to impose
liability based upon negligence or fault.
13. This contract shall not be used as a legal defense or
prohibition to the mandatory consolidation of facilities by
either party as may be required by the laws of the state of
Colorado of all existing sewer collection systems and
facilities to a governmental entity created to assume
responsibility for sewer service in the area in which both
City and state are a part under statutory or constitutional
authority as may be the case.
-4 -
Page 118 of 263
J. Burns
By
** Footnote (see page l}
Nothing in this paragraph shall apply to flows entering the
outfall line utilized by the District at any point on points
downstreaJD from where the said outfall line leaves the area of
the District.
Page 119 of 263
Page 120 of 263
LITTLETON/ENGLEWOOD
WASTEWATE R TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
TO:
FROM:
DATE
SUBJECT:
MEMORANDUM
Cathy Burrage, Executive Assistant
Jon Bridges , WWTP Industrial Pretreatment Administrator
March 6 , 2017
WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014. One of
the outcomes of the audit was the following , along with its associated corrective action:
Audit Finding #I : "The Littleton Englewood Wastewater Treatment Plant does no t have the
legal framework to fully implement th e Pretrea tm ent Regulations in th e 19 outside
contributing jurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of th e Pretreatment program implementation to th e c ities of
Littleton and Englewood. "
Corrective Action It em
"Update the intergovernm ental agreements estab lish ed between the cities of Littleton and
Englewood and th e ir respective contra cted outside co ntributing jurisdictions to establish
delegation for implementation of th e Pretr eatm e nt Regulations ."
In order to comply with EPA's requirement, the Industrial Pretreatment Division proposed to
EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitation districts and the Cities . In this manner, EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations" would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for all districts .
Page 12 1 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
Cherry Hills Heights Water and Sanitation District
Addendum to Wastewater Connector's Agreement
DESCRIPTION:
Cherry Hills Heights Water and Sanitation District Addendum to Wastewater
Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Cherry Hills Heights Water
and Sanitation District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988.
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts.
The Cherry Hills Heights Water and Sanitation District will continue to own the mains and will be
responsible for capital improvements in its system . The attached map shows the Cherry Hills
Heights Water and Sanitation District. The Englewood Water and Sewer Board approved the
Addendum at their March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Cherry Hills Heights Water and Sanitation District.
FINANCIAL IMPLICATIONS:
None.
ATTACHMENTS:
Page 122 of 263
Cherry Hills Heights Addendum -2017
Connector Addendums Memo to W & S Board 2017
Page 123 of 263
ADDENDUM TO WASTEWATER CONN~CTOR'S AGREEMENT
For Sanitation Districts without Industrial Users
~ This Addendum is made and entered into this /5-k. day of ~...)
20 il,to be effective as of f I-LL l '.2-o l by and between the CITY of ENGLE
COLORADO, hereinafter referred to as ' ity", a municipal corporation, ac g by
and through its duly elected, qualified and authorized Mayor and City Clerk, and
Cherry Hills Heights Water & Sanitation District
(Name of Sanitation District)
a quasi-municipal corporation and political subdivision of the State of
(Type of Entity)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WITNESS ETH
WHEREAS, the City and the District previously entered into a Connector's Agreement,
("Agreement") dated 2.kt & c 21 1toj. a copy of which is attached hereto and incorporated
by reference, pursuant to which the 1 City and the District agreed that the City would provide
wastewater treatment services to the District through the Littleton/Englewood Bi-City Wastewater
Treatment Plant ("Wastewater Plant"); and
WHEREAS, the tenns and provisions of the Agreement remain in effect unless expressly
modified by this Addendum; and
WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of
Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in the District; and
WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer
system all applicable City municipal code provisions and rules and regulations of the City shall be
the minimum standards for the District's sanitary sewer system; and
WHEREAS, the City has determined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's Municipal Code, rules and
regulations within the service area of the District; and
WHEREAS, the EPA defines "Industrial User" as "a source of nondomestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
{OOS49Sl8.DOCX I ) l
Page 124 of 263
NOW TIIEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
l. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations 5 CCR 1002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S .C . § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code.
4. In the event that any Industrial User or Nondomestic User locates within the District, the
District agrees to abide by Subsections I and II below, and the District further agrees to
infonn the City of any industrial users or nondomestic users locating within the District.
I. City Responsibilities
1. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding Industrial Users and/or
Nondomestic Users. Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a pennit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries;
{00549518 .DOCXI J2
Page 125 of 263
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
service area
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in thls
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes.
B. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference \.vith, or pass
through the Wastewater Plant, or cause sludge contamination. In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-hours after the action is initiated.
C. The City, on behalf of the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.S(t) and summarized as follows:
(i) Control through permit, or similar means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403.12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
(00549518.00CX I }3
Page 126 of 263
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Confonn to confidentiality requirements set forth in 40 CFR Part 403 .14
of the Industrial Pretreatment Program standards and requirements .
D. If the District perfonns its own fats , oils and grease ("FOG") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS program. In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District. The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area
E. In the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs.
II . District Responsibilities
I . The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users and/or
Nondomestic Users within the District's service area:
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City.
B. The District will maintain current information on Industrial Users and/or
Nondomestic Users located within the District's service area, and provide Industrial
Users' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
(00549518 .DOCX/ )4
Page 127 of 263
Program for any Industrial User and/or Nondomestic Users located within the
District's service area
C. The District shall enforce the provisions of its local sewer use regulations. In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections.
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs.
2. If any tenn of this Addendum is held to be invalid in any judicial action, the remaining
tenns will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
(00549518.DOCX/ )5
Page 128 of 263
CITY OF ENGLEWOOD
Mayor
Attest
Distri cial
State of Colorado
County of Arapahoe
----r:;_ ... ,~
)
) SS.
)
The forgoing instrument was acknowledged before me this {;).{)th day of
~ ,20 1'1-,at funpaba=,
-~ti 2.1:;.~
, Colorado , by
Witness my hand and official seal .
My Commission expires: __ 4_,_-.,,.bl=fa...._-_,,Q)=O--=DlCJ~· '-----
N~ ~
IOOS49Sl8 DOCX I 16
BRENDA J VARNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10#20124028756
MY COMMISSION EXPIRES 04-28-2020
Page 129 of 263
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
Sewer Contract No. ___ _
~S AGREEMENT, made and entered into this ~Al{-day of 'b!UIMt< . 20J)!L to be effective as of ~ M , 2Q2Z by and
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and CHER.RY HILLS HEIGHTS WATER AND SANITATION DISTRICT, a quasi-
municipal corporation and political subdivision of the State of Colorado, hereinafter called
"District," acting by and through its authorized Representative .
WITNESSETif
WHEREAS, the City owns and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve the District for treatment of sewage under
certain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows :
1. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the District's sanitary sewer system within the area served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exlubit A"
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein.
2. In the operation of the District's sanitary sewer system, the District agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations, or permits, including those of the Environmental Protection Agency
(the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all users, contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish any information
inconsistent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body . The City shall
attempt to maintain and provide information on all requirements to the District; however,
Page 130 of 263
the City does not guarantee the accuracy or completeness of government regulations
other than the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by the District and its users. All sewer plans, specifications and methods of
work within the District shaJI be submitted to the City in writing and approved by City
prior to any construction or tap in the District's designated area. No permit shall be final
and no service shall be provided to property until construction is approved, in writing by
the City.
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by the District or City to
be detrimental to City's treatment process or system. Should the City determine that any
discharge enters the sewer system contrary to applicable Jaws, ordinances, statutes, rules,
regulations or permits, the District agrees to proceed at once to take whatever lawful
means may be necessary to rectify any such problem or condition.
5. City shall have the right to allocate service under this Contract, and City may deny
additional service for any utility-related reason, but in no event will City terminate or
refuse any service without cause. City shall have the right to disconnect service to any
area annexed to the District when such annexation takes place without prior written City
approval.
Within one year of this agreement, the District shall provide City with an estimate of the
number of equivalent service taps needed for the next five (5) years under current zoning
and planned build out in the District's area as shown on Exhibit A. The District shall
monitor zoning changes within its area to estimate its tap requirements and provide City
with notice of tap requirement for the next five (5) year period of time in a form
satisfactory to the City. Notice of these requirements shall be given City on each
anniversary date of this Agreement.
6. City may impose and collect reasonable fees, tolls and charges, which shall be uniform
as to all outside-City users for the services provided by the City under this Connector's
Agreement.
City shall bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay City, City shall bill the District
and the District shall pay the amount due to City within forty-five ( 45) days of such
billing. These charges axe subject to adjustment by the City from time to time. When
such adjustment to these charges are made, City shall give the District forty-five ( 45)
days advance written notice.
7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written notice, during which time the District agrees that all
effluent produced from taps within the District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other applicable governmental regulations
or the permits under which the City operates its sewage treatment system. City agrees,
during the term hereof, to treat said effiuent and to maintain adequate facilities for
treating the same.
Page 131 of 263
8. The District agrees that it will maintain, at its own expense, all lines now owned and
operated by the District, it being specifically agreed that City assumes no responsibility
should any of the District's lines become clogged, damaged, or require maintenance.
The District shall, if it deems necessary, notify its users of the District's procedure to
remedy service disruption .
9. The City is providing only sewage treatment service and, pursuant thereto, permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City docs not, by this Contract, offer treatment service
except in strict accordance with the terms hereof. This Contract docs not offer, and shall
not be construed as offering, sewage treatment service to the public generally or to any
area outside the limits of the
District's service area described in Exh.toit A.
I 0. This Contract may not be assigned, sold or transferred by the District without the City's
written consent.
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remainder shall m:nain in full force and effect.
12. The District shall enforce this Agreement and each of its terms and conditions within the
area described in "Exhibit A" The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law; or take other appropriate
action in the ~ent of:
a. Nonpayment of such user of any charge made by City for services;
b. Any violation or noncompliance by sucll user with the terms of this Agreement;
c. Violation or noncompliance by such user with the applicable laws, rules, permits
or regulations of the City, the United States government, including the EPA, the
State of Colorado, including the Department of Health, or other law, rule, pezmit or
applicable regulation.
13 . Continued breach of this Agreement by the District end/or its users shall be considered
cause for the City to terminate this Agreement Should the District fail to promptly
rectify a breach of any provisions identified herein, after notice thereof, City may take
such steps and do such work as it deems necessary to enforce this Agreement, including
litigation and specifically a right to injunction or specific perfonnance against the
District or any of its users as is necessary to protect the City's system and operations.
The prevailing porty shall be entitled to expenses end costs of suit, including attorney
fees.
14. Should more than one district be connected to a sewer line, all districts on the sewer line
who are in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement end each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment process arising within its legal
Page 132 of 263
boundaries . When more than one district is connected to a sewer line, and the City
discovers any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at fault but shall make available to all such affected
districts all information developed or accumulated by City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District against another District connected to a common sewer line. CRS-13-21-1 l.5
shall govern the percentage of liability of any district on a common sewer line in the
event the City seeks to impose liability based upon negligence or fault.
15 . This Contract shall not be used as a legal defense or prohibition to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
created to assume responsibility for sewer service in the area in which both City and
State are a part under statutory or constitutional authority.
CTIY OF ENGLEW D COLORADO
STATE OF COLORADO )
/J. _,,,. f,..; ) SS.
COUNTY OF~-)
The foreg?Jin!J1ns.ln!!llen~~ acknowledged before me this 3rtf day of IJ..mm.£RL ,
2009. by f/..cJ1UJ. l.(!,.nt!lil.~
{/ I
Witness my hand and officiJea~ I
My Commission expires: ~ 5, .)()/.
Page 133 of 263
Exhibit A
Legal Description
Cherry Hills Heights Water and Sanitation District
All of the area within the Re-Subdivision of Subdivision "A," Cherry Hills
Heights, as recorded upon the public records of Arapahoe County, Colorado on the 28 1h
day of April, 1941 in Town Plat Book No. 6 at Page 8, Reception No. 278630, together
with the following two parcels ofland identified herein as Parcel No. 1 and Parcel No . 2
respectively, and both being adjacent to the easterly line of Lot 3, Block 6, Re-
Subdivision of Subdivisfon "A," Cherry Hills Heights, Arapahoe County, Colorado:
Parcel No . 1: Beginning at the point of intersection of Lots 1, 2 and 3, Block 6,
Resubdivision of Subdivision "A," Cherry Hills Heights, southeasterly along the west
line of Lot 3, Block 6 of said Subdivision to the southwest comer of Lot 3; thence
easterly along the south line of the said Lot 3, to the southeast comer of said Lot 3, the
Point of Beginning, then easterly along the arc of a curve the radius of which is 1222 feet
end the chord of which is 168.5 feet in length, the bearing for said chord being 84°, 29"E;
thence north 15°00'E, 140 feet; thence westerly on a line towards the intersection of
Lots 1, 2 and 3 of said Block 6 to the intersection of said line with the easterly boundary
of Lot 3; thence southeasterly along the east boundary line of said Lot 3 to the Point of
Beginning, Block 6, a part of the southeast southwest, Section 36, Township 4 South,
Range 68 West, 6th Principal Meridian, County of Arapahoe, Colorado, also known as
part of 2703 E. Floyd Avenue, Englewood, Colorado 80110.
Parcel No. 2: Beginning at the northeast comer of Lot 3, Block 6, Resubdivision
of Subdivision "A," Cherry Hills Heights, thence east 172 feet; thence south 15°E 110
feet; thence westerly along a line towards the intersection of Lots 1, 2 and 3 of said
Block 6 to a point on the easterly line of said Block 3; thence northwesterly along the
easterly line of said Lot 3 t to the Point of Beginning, a part of the southeast of the
southwest one-quarter of Section 36, Township 4 South, Range 68 West of the 6th
Prinicipal Meridian, Arapahoe County, Colorado, a1so known as a part of2701 E. Floyd
Avenue, Englewood, Colorado 80110.
The above described area is depicted on a map which is attached hereto as Page 2
of this Exh.t'bit A and incorporated herein by this reference.
(0016Hl62.DOC /)
Page 134 of 263
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Page 135 of 263
LI TILET O N/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO: Cathy Burrage , Executive Assistant
FROM : Jon Bridges, WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT: WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector 's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014 . One of
the outcomes of the audit was the following, along with its associated corrective action :
Audit Finding #7 : "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributing jurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA's requirement, the Industrial Pretreatment Division proposed to
EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitation districts and the Cities. In this manner , EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations " would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for all districts.
Page 136 of 263
~EffQLewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3, 2017
COUNCIL
COMMUNICATION
SUBJECT:
Bow Mar Water and Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
Bow Mar Water and Sanitation District Addendum to Wastewater Connector's
Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Bow Mar Water and
Sanitation District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988 .
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts.
The Bow Mar Water and Sanitation District will continue to own the mains lines and will be
responsible for capital improvements in its system . The attached map shows the Bow Mar
Water and Sanitation District. The Englewood Water and Sewer Board approved the Addendum
at their March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Bow Mar Water and Sanitation District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
Page 137 of 263
Bow Mar Addendum -2017
Connector Addendums Memo to W & S Board 2017
Page 138 of 263
..
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For San itation Districts without Industrial Users
I l Tit ~ 1 This Addendum is made and entered into this day of -.J 1-..J1.1 ±"1
201.K,'to be effective as of Af~L I 1 2-o t( , by and between the CITY orENGLEWOOD,
COLORADO , hereinafter referred to as "City", a municipal corporation, acting by
and through its duly elected , qualified and authorized Mayor and City Clerk , and
Bow Mar Water and San itation District
(NumcofSan itul ion Dis tr icl)
a quasi-municipal corporation and political subdivision of the State of
(Type ofl:ntily)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WITNESSETH
WHEREAS , the City and the District previously entered into a Connector's Agreement,
("Agreement") dated September 16. 2013 , a copy of which is attached hereto and
incorporated by reference, pursuant to which the City and the District agreed that the City would
provide wastewater treatment services to the District through the Littleton/Englewood Bi -City
Wastewater Treatment Plant ("Wastewater Plant"); and
WHEREAS, the terms and provisions of the Agreement remain in effect unless expressly
modified by this Addendum ; and
WHEREAS , the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of
Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code , for any industrial users currently located or hereafter locating in the District; and
WHEREAS, the Agreement provides that in the operation of the District 's sanitary sewer
system all applicable City municipal code provisions and rules and regulations of the City shall be
the minimum standards for the District's sanitary sewer system ; and
WHEREAS, the City has determined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties des ire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's Municipal Code, rules and
regulations within the service area of the District; and
WHEREAS, the EPA defines "Industrial User" as "a source of nondomestic waste " and
"any nondomestic source discharging pollutants to a Pub licly Owned Treatment Works ". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
Page 139 of 263
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
I. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations 5 CCR l 002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code.
4. In the event that any Industrial User or Nondomestic User locates within the District , the
District agrees to abide by Subsections I and II below, and the District further agrees to
inform the City of any industrial users or nondomestic users locating within the District.
I. City Responsibilities
I. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District" s rules and regulations regarding Industrial Users and/or
Nondomestic Users. Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District or enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries;
2
Page 140 of 263
(vi) Perform any other technical or administrative duties the parties deem
appropriate ;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
service area.
(viii) The City will make a reasonable effort to notify the Distr ict in advance of
any public hearing to change municipal code provisions referenced in this
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes.
8 . In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination . In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-hours after the action is initiated .
C. The City, on behalf of the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.8(t) and summarized as follows:
(i) Control through permit, or similar means, the contribution to the City by
Industrial Users and /or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including , but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection , surveillance and monitoring procedures necessary
lo determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and n:quirements by Industrial
Users ;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located , or in which records are
required to be kept pursuant to 40 CFR 403.12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
3
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(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements.
D. If the District performs its own fats, oils and grease ("FOG") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS program. In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District. The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area.
E. ln the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomcstic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs.
ll. District Responsibilities
I. The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users and/or
Nondomestic Users within the District's service area:
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which arc no less stringent and are as broad in scope as the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter S, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City.
B. The District will maintain current information on Industrial Users and/or
Nondomestic Users located within the District's service area, and provide Industrial
Users' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
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Page 142 of 263
Program for any Industrial User and/or Nondomestic Users located within the
District's service area.
C. The District shall enforce the provisions of its local sewer use regulations. In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections .
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs.
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 143 of 263
CITY OF ENGLEWOOD
Mayor
Attest
Bow Mar Water and San itation District
State of Colorado
County of JefTerson
)
) SS .
)
The forgoing instrument was acknowledged before me this //f"t-day of
-~~~~----.....--~· 20-1.1_, at _ ... t<.c;.~""· ~~ ...... -~-·Colorado, by
&fH ~1
Witness my hand and official seal.
SEP 2 O 2019
My Commission expires:-------------
.. -------
6
Page 144 of 263
WASTEWATER
CONNECTOR'S AGREEMENT
For Distncts
4/19/2012
Revision
Sewer Contract No.----
CMENT, ma)I;: and entered into this / V .(;6:-day of
~:qr:.1a1.11q1~"---·• 20(2_ 10 beeffcc1ive as of~ CPr&l"tlJ3,; g /1,.:, '.?O~ by and
bet ccn lhc CITY OF ENGLEWOOD, COLORADO, a. municipal corporation, hereinafter
referred lo as "City," acting by and through its duly clcc!ed, qualified and authorized Mayor aod
City Clerk, and the F!OW MAR WA 1 ER AND SANirATTON DISTRICT, a quasi -municipaJ
corporanon and subdivision of the State of Colorado, hcreinafu:r called "Distnct," acung by and
through its authorized Rcprcsentlltive .
WlTNESSETU
WIJEREAS, the City OWllS and operates e sewage system, including o sewage treatment plant
wluch is jointly owned and operated with I.he City of Littleton, so situaled physically as to be
able: to receive and treat the sewage from a designated area served by the Distnct and gathered by
the D1stnct's sanitary-sewage system; and
WIIEREAS, it is the desire oftbe District to utilize the facilities owned by the City for the
treatment of sewage end the City is willing to ~cr.'c the District for treatment of 3cwage under
ccrtnin conditions;
NOW, THEREFORE, IN CONSIDF..RATTON oftbe promises ancl for other good and
valwiblc consideration hereinafter set forth, it Ci mutually agreed lly the parties as follows :
I. The City hereby agrees uodcr the condilions hereinafter set forth, to treat the sc:wngc
originating from the District's saniW)' sewer system within the lll"ca served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exhibit A."
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's &nnit.ary sewage system
connected to the City's IIUnk line and to prevent conni:ctioos to the system from or Ill
11t1y arcn other than those described her1:in .
2. In the operation of the District's sanitary sewer syslcm, the District agrees that all
applicable: Code provisions and rules Bild rc!llJlalions of the City, incluchng amendments
thereto during the tenn of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable State and federal laws,
rules, regulations, or pcrm.il!I, including those of the Enviromnental Protection Agency
(the EPA) as Ibey become effective or implemented or upon notice from the Cily. The
District shall inform all users, contractors and suheoat:ructors of such standards, rules and
regulations upon inquiry from S\lch persons, and shall not furnish any information
inconsistent therewith . In this regnrd, it sliall be the responsibility of the District lo
obtain the applicable requirements from the appropriate governing body. The City shall
1
Page 145 of 263
attempt to maintain and provide information on all requirements to the District; however,
the Cily docs not gt11rantec the accuracy or completeness of government regulations
other than lhc City's own regulations.
3. Regarding the provision of sewer service, the City's pemtitting requirements she.JI be
followed by the District and its users . All sewer plans, specifications and methods of
work wilhin the District shall be submitted to the City in writing and approved by tho
City prior to any construction or tap in the District's designated area. No permit shall be
final and no service shall be provided to property until construction is approved, in
writing by the Ciry .
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which ha\ c been detc:rmined by the District or the
City lo be detrimental to the City'5 treatmClU process or system. Should tbe City
determine thnt any discharge enters the sewer system contrary to applicable laws,
ordinances, statutes, rule3, regulations or permits, the District agrees to proceed nt once
co take whalcver Jaw fill means 111J1Y be necessary to rectify any such problem or
condition .
S. The City shall have the righl to allocate suvicc under lhis Contract, and the City may
deny addilional service for 11.0Y utility·n:lated reason, but In no event will the City
terminate or refuse any service without cawe. Tiie City shall have the right lo discooncct
senice to any ar.:a annexed to the District when 5llch annexation takes place without
prior written City approval.
Within one year of this agrccmcnl, the Dislnct shall provide the City with an estimate of
the number of equiVlllc:nt si:rvicc caps needed for the next five (5) ycan under current
7.0ning and planned build out in the District'& area as shown on Exhibit A. The District
shall continue to monitor zoning changes within ils area to estimate ils lllp requirements
and provide th.: City with notice of cap requirement for the next five {5) year period
which time shnll be given to the City on each annivcnary date of this Agrec.ment ill a
form satisfactory to the City.
6. The City ~y impose and collect reasonable: fees, tolls and charges, which shall be
uni form as 10 all ouliide-City users for the si:rviccs provided by lhe City under this
Connector's Agreement.
The City sball bi.II the Districl users directly for all applicable City charges for services
rendered under this Agreement. Should any U51!1" not pay the City, the C11y sh.all bill the
District and the District shall pay the amounl due to City within forty-live ( 45) days of
such billing . Tbcse cb31¥es arc subject to adjustment by the C'ity from time to hmc.
When such adjustment to these charges arc made, the City shall give the District forry.
five (45) days advance written notice.
The City may bill and collcct "'District Charges" imposed by the Districts as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other fel!S. The "District Charges" received by the City shall be rcmilted by
the City to the District annually; less an amount equal to the City and District charges
which remain delinquent. The District shall noufy the City of any changes in the District
charccs to be imposed and the remittance schedule before May 1" of each year .
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Page 146 of 263
7. Subject lo tbc terms of the Taxpnycr's Bill of Rights (TABOR), th.: tctm ofthia
Agreement is for o period of three (3) ycm from the date of cxecutioa and autom.ltically
renewed for si."t (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written notice, during which time the Disoict agrees tha t all
cffiuent produced from taps within the District shall not be in violation of any federal,
state or City laws, rules or n:gulations, or any other applicable governmental regulations
or the permits under wh.tch lhe City operates its sewage treatment system. The City
agrees, duriu& the term hereof, to U'Cllt said effluent and to maintain adequate facilities
for 1rcaling the same .
S. The District agrees that it will maintain, at its own expense. all Jines now owned and
operated by the District, it being specifically agreed that lhc City assumc:J no
responsibility should any of the District's lines become clogged, damaged, or require
maintenance . The Distnct shall, if it deems necessary, notify its uscn of the District''
procedure to remedy service disruption .
9. 1 he City is providing only sewage treatment service and, pursuant thereto; any permits
UlcideuJal to the use of the City'~ sewage lines shall be governed only by this indiV1dunl
Contract with the District and the City docs not, by this Contract, offer treatment service
CXCL'Pt 111 strict accordance with the tcnns hereof. This Cootract docs not offer, 11.11d 3ho.ll
not be consrnicd as offering, sewage treatment scnice to the public generally or to any
area outside the limits of the Dii;tnct's ser\'ice area described in E.diibit A.
to. This Contract may not be assil!lled. sold or transferred by the District without Uie City's
writteo consent
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable nny provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect
12 . The District shall en.fem: thll Agrccmcnt and each ofits terms and conditions within the
area described in ".Dthibit A." Th.: Districl sluill refuse to serve n user or potential user;
disconnect the service of any user pursuant ro appropriate law; or take other appropriate
action in the .. -vent of:
a. ~onpaymcnt of such user of any cluuge made by lhe City for services ;
b. Any violatlon or noncompliance by such user with the terms of this Agreement;
c. Any violation or noncompliance by such user with the applicable laW3, rules,
pc:nn.its or regulauons of the City, the United States government, including the
EPA, the State of Colorailo, the Department of Health, or other law, rule, permit or
applicable rcgul;ition.
13 . Continued breach of this Agreement by the District and/or its users shall be coosidered
cause for the City to terminate this Agreement Should the District fail to promptly
rccti fy 11 breach of any provisions identified herein, after notice tbcrcof, the City may
take such steps and do such work a.s it deems necessary to enforce this Agreement,
including litigation and specifically a right to injunction or specific performance against
the District or any of its users as is necessary to protect the City's system and opC111tions .
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Page 147 of 263
The prevailing party shall be entitled to expenses and costs of suit, including attorney
fees .
14. Should more llian one district be coMected to n sewer line, all disuicts on the sewer !me
who are in breach of this Agn:=ent shall be jointly and severally liable for any such
breach of this Agreernent and each such district shall irnaicliatcly, after notice, rcctiry
any problem or cond1lion detrimental to the treatment process arising wirhin its legal
boundaries . When more thnn one district is connect.:d 10 a sewer line, and the City
discov1..'l'S any violation of the terms of this connector's atzreement; the City shall not be
reqlll!ed to prove which district is at foult but shall make available 10 all such affec1cd
districts all information developed or accumulated by the City pertaining to 5Uch breach
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District against another District connected lo a common sewer Une. CRS-13-21-11 J.S,
as amended shall govl!l'll the percentage of liability of any district on a common sewer
hno: in the cvCllt the City seeks to impose liability based upon negligence or fault.
t S. This Contract shall not be used as a legal defense or prohibition to the mandatory
consolidation of facilities by either party as may be required by the h.ws of the SIJltc of
Colorado of all existing sewer collection systc.rns and facilities ton governmental enr1ty
created 10 assume rC3ponsibility for sewer service in the area in which. both the City and
Slate are a part under statutory or constitutional authority.
4
Page 148 of 263
BOW MAR WATER AND SANITATIOJ\ DISTRICT
STATE OF COLORADO ) )F}J,l,_,,,.,~ )ss COUNTY~ )
The foregoing instrument was acknowledged befo re mi: th!! .5'!1~ day of !flax;
"!.OJ.!,_, by _.
Witness my hand and official sCJI.
My Commission expires: )/,;tjbuis-
s
Page 149 of 263
..
. . . ..~
Page 150 of 263
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
TO :
FROM:
DATE
SUBJECT :
MEMORANDUM
Cathy Burrage, Executive Assistant
Jon Bridges, WWTP Industrial Pretreatment Administrator
March 6, 2017
WASTEWATER CONNECTOR'S AGREEMENT ADD E NDUMS
The Wastewater Connector 's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014. One of
the outcomes of the audit was the following, along with its associated corrective action :
Audit Finding #7 : "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributingjurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood."
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA's requirement, the In dustrial Pretreatment Division proposed to
EPA. and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment -s pecific
addendum to the wastewater connector 's agreements currently in place between individual
sanitation districts and the Cities . In this manner, EPA's requirement to "estab li sh delegation for
implementation of the Pretreatment Regulations " would be accomplished wi t hout re -ope ning the
existing agreements and the addendum could then be a standard agreement for all districts.
Page 151 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
City of Sheridan Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
City of Sheridan Sanitation District Addendum to Wastewater Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the City of Sheridan Sanitation
District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988.
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts .
The City of Sheridan Sanitation District will continue to own the mains and will be responsible
for capital improvements in its system . The attached map shows the City of Sheridan Sanitation
District. The Englewood Water and Sewer Board approved the Addendum at their March 14 ,
2017 meeting.
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the City of Sheridan Sanitation District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
City of Sheridan Englewood Addendum -2017
Page 152 of 263
Connector Addend urns Memo to W & S Board 2017
Page 153 of 263
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For Owners with Industrial Users
This Addendum is made and entered into this 'J-!b 1" day of \N\.A;-lll'.. f.\
2016, to be effective as of Aft-1 L 11
1
?--"' I ] , 2016, b_y_a_n_d _be_t_w-ee_n_t_h_e -C-IT_Y_
of ENGLEWOOD , COLORADO, hereinafter referred to as "City ", a municipal corporation ,
acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and
the City of Sheridan
(Name ofOwn<:r)
0..... M ~~;.:. .. r,_,{_ c. o../' p crcTi'~ of the State of
~~~~~---~-'-'~~--t-~~~(=T>~.~-.o~f ~En-tit-y)~---~~~~~~~~-
Colorado , hereinafter called "Sheridan '', acting by and through its authorized Representative .
WITNESS ETH
WHEREAS, the City and Sheridan previously entered into a Wastewater Connector's
Agreement , ("Agreement ") dated 0 c.:t:>loa..r :l--1. / ?-o I ) , a copy of which is attached
hereto and incorporated by reference, to which the City and Sheridan agreed that the City would
provide wastewater treatment services to Sheridan through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant"), and
WHEREAS, the terms and provisions of the original Agreement remain in effect unless
expressly modified by this Addendum ; and
WHEREAS , the United States Environmental Protection Agency ("'EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and Sheridan , which
provides the City with the authority to implement the Industrial Pretreatment Program, contained
in 40 CFR Part 403 promulgated by the EPA and Title 12 , Chapter 2, Section 5, of the City of
Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in Sheridan ; and
WHEREAS, the Agreement provides that the City 's mun icipal code , ordinances, rules and
regulations shall be applicable to Sheridan ; and
WHEREAS , Sheridan and the City have determined that the provisions of the Agreement
provides the City with sufficient authority to satisfy the inter-jurisdictional agreement
requirements imposed by the EPA; and
WHEREAS , the parties desire to further clarify the obligations and responsibilities of
Sheridan and the City with respect to the enforcement of the City's standards, rules and regulations
within the service area of Sheridan ; and
WHEREAS , the EPA defines Industrial User as "a source of nondomestic waste" and "any
nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines
"nondomestic user " as "Any person or entity that discharges wastewater from any facility other
than a residential unit".
Page 154 of 263
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
I. The City and Sheridan mutually agree to comply fully with all applicable federal. state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations 5 CCR I 002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
2. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act and
under the federal rules and regulations found at 40 CFR Part 403 issued thereunder and the
City Municipal Code, as necessary, but at least every five (5) years on a date to be
detennined by the parties.
I. City Responsibilities
I. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future industrial users and/or nondomestic
users located within Sheridan and Sheridan agrees to cooperate to the extent necessary for
the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for Sheridan, shall perform
technical and administrative duties necessary to assist Sheridan with the
implementation and enforcement of Sheridan's rules and regulations regarding
the use of Sheridan's sewer system. Without limiting the generality of the
foregoing, the City agrees that it shall:
(i) Update the City's industrial waste survey:
(ii) Issue permits to all industrial users within Sheridan required to obtain
a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to Sheridan of enforcement actions taken by the City
against any Industrial User located within Sheridan's boundaries;
(vi) Perfonn any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide Sheridan access to all
records or documents relevant to the Pretreatment Program for any
Industrial User located within Sheridan's boundaries or jurisdiction.
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B. In addition, the City may, as appropriate, and as an agent of Sheridan, take
emergency action to stop or prevent the discharge from industrial users or
nondomestic users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination.
c. The City on behalfofSheridan agrees to perform the following
forth in 40 CFR Part 403.S{f) and summarized as follows:
actions as set
{i) Control through permit, or similar means, the contribution to the City by
industrial users;
(ii) Require compliance with applicable Pretreatment Standards and
Requirements by industrial users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by industrial users;
(iv) Require the development of compliance schedules by each industrial user
for the installation of technology required to meet applicable Pretreatment
Standards and Requirements;
(v) Require the submission of all notices and self-monitoring reports from
industrial users as are necessary to assess and assure compliance by
industrial users with Pretreatment Standards and Requirements, including,
but not limited to, the reports required in 40 CFR 402.12;
{vi) Carry out all inspection, surveillance and monitoring procedures necessary
to detem1ine, independent of information supplied by industrial users,
compliance or noncompliance with applicable Pretreatment Standards and
Requirements by industrial users;
{vii) Have authorization to enter premises of any industrial user in which a
discharge source or treatment system is located on which records are
required to be kept pursuant to 40 CFR 403.12(0) to assure compliance
with Pretreatment Standards;
(viii) Evaluate compliance with the Pretreatment Standards and Requirements
and obtain remedies, including the ability to seek injunctive relief and
assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Pretreatment Regulations.
D. If Sheridan performs its own fats, oils and grease {"FOG") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that
Sheridan discontinues its FOG or POGS. program. The City shall then administer
the FOG and POGS program in addition to administrating the remaining Sector
Control Programs on behalf of and as agent for Sheridan. The City shall have the
right to charge a reasonable inspection fee to Sheridan for any inspection related to
industrial users within Sheridan.
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Page 156 of 263
E. In the event that Sheridan docs not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs , as well as the rem aining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee lo Sheridan for any inspection related
to industrial users or nondomestic users within Sheridan .
F. The City shall be responsible for administrating the remaining Sector Control
Programs , in those cities and Districts that perform their own FOG and POGS
programs .
II. Sheridan Responsibilities
I . Sheridan is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users within
Sheridan :
A. No later than December 31. 2016, Sheridan shall adopt enforceable local sewer use
rules and /or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program Section of the Wastewater Utility Ordinance found
in Title 12 , Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City
will provide to Sheridan necessary revisions to the regulations from time to time,
and Sheridan will adopt the revisions to its sewer use rules and/or regulations that
are at least as stringent as those adopted by the City.
B. Sheridan will maintain current information on industrial users located within its
jurisdiction and provide industrial users' information to the City upon request.
Sheridan agrees to provide to the City access to all records or documents relevant
to the pretreatment program for any industrial user located within Sheridan 's
service area.
C. Sheridan shall enforce the provisions of its sewer use regulations. In the event
Sheridan fails to take adequate enforcement action against noncom pliant industrial
users in Sheridan on a timely basis, Sheridan agrees that the City may take such
action on behalf of and as an agent for Sheridan and provide notice of such action
to Sheridan.
D. Sheridan shall provide the resources and commit to implementation and
enforcement of the Pretreatment regulations for the industrial users in Sheridan with
the City"s oversight of the program . Sheridan agrees that the City may seek remedy
against Sheridan for violating the terms of this Addendum.
E. Sheridan agrees that in the event that the City is required to take responsibility for
inspections of industrial users on behalf of Sheridan, due to inaction, refusal to
inspect , or lack of personnel to inspect, by Sheridan, the City may charge Sheridan
for the costs of any inspections .
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Page 157 of 263
F. Sheridan agrees that if the authority of the City to act as agent for Sheridan under
this Addendum is questioned by an industrial user, court of Jaw, or otherwise,
Sheridan will take whatever action is necessary to ensure the implementation and
enforcement of its sewer use regulations against any industrial users and
nondomestic users. within Sheridan's service area, including but not limited to,
implementing and enforcing its sewer regulations on its own behalf and /or
amending this Addendum to clarify the City's authority.
G. Sheridan's responsibilities regarding the FOG and POGS Program. Sheridan IS
NOT responsible for the administration or inspections associated with any sector
control programs.
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 158 of 263
CITY OF ENGLEWOOD
Mayor
Sheridantncial
State of Colorado
County of Ul tlf4J11 ,,
)
) SS.
)
The forgoing instrument was acknowledged before me this
~/ , 20 /& , at xf/.M«lw!
vna'lw A.bu ~
Witness my hand and official seal.
ARLENE F SAOEE
NOTARY PUBLIC
STATEOFOOWRADO
NOTARY ID 19874176048
MY COMMISSION EXPIRES APRIL 07, 2020
6
~ g/3 day of
, Colorado, by
Page 159 of 263
WASTEWATER
CONNECTOR'S AGREEMENT
For the City of Sheridan, Colorado
4/1912012
Revision
Sewer CoDtract No . __ _
'µJIS ft.JJRBEMENT, made end cntmcd iDto this il/pt-day of
~20.jfi_tobeeffcctiveasof October 22 ,20Ubyand
between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, berciDafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor end
City Cletk, and 1he CITY OF SHERIDAN, a municipal corporation of the State of Colorado,
hcrcinaftcr called "Sheridan," actiD& by and through its authorized Mayor and City Clerk.
WITNESSEI'H
WHEREAS, the City owns and operates a sewage symm, including a sewage treatlruml plant
which is jointly owned and opcrat=i with the City of Littleton, 60 situated physically as to be
able to recc:ive and treat 1he sewage from a designated area served by Sheridan and ga1hered by
Sheridan's sanitary-sewage system; and
WHEREAS, it is the desire of Sheridan to utilize 1he facilities owned by tho City for the
treatmtnt of sewage and 1he City is willing to serve designated area of Sheridan for treatment of
sewage under certain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promisca and fat other good and
valuable consideration herci.naftcr set forth, it is mutually agreed by the parties as follows:
1. The City hereby agrees under tho CODditians hercinaft.cr set forth, to treat the sewage
odginating from. Sheridan's sanitary sewe:r f!YBlem within the area served by Sheridan as
approved by the City and as indicated in the description attached hereto, incoiporated
hc:rcin and marked as "Exhioit A. n
Sheridan specifically agrees to prevent sewage from any area other than that dcscnoed
herein, from being discharged into Sheridan's sanitary sewage syBtem coimected to the
City's trunk line and to prevent connections to 1he systml from or in any area other than
those dcscn'bed herein.
2. In the operation of Sheridan's sanitary sewer system, Sheridan agrees that all applicable
Code provisions and rules and resulations of the City, including amendments thereto
during the term of the contnct, shall be the mininnnn stimdanls for Sheridan's system.
Sheridan further agrees to abide by all applicable state and federal lllW!i, rules,
regulations, or pemiits, including those of the F.avironm=tal Protection Agency (the
EPA) as they become effr.ctive or implemented or apon notice froDl the City. Sheridan
shall infmm all usera, COiltr1lclor'S and IJllbcon!IactorB of such standards, rul~ and
regulations upon inquiry from such pCISons, and shall DOt fumish any infimnation
incoDSiltent therewith. In this regard, it shall be the responsibility of Sheridan to obtain
the applicable J'CliUi:.ements from ~e appropriate F.Vcming body. The qity slajl attCZill!l
to maintain and provide mformation on all reqwrca:icnts to Sheridan; .however, the City
1
Page 160 of 263
docs not guarantee the accuracy or completeness of government regulalions olher than
the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by Sheridan and its users . All sewer plans, specifications and methods of work
within Sheridan shall be submitted to the City in writing and approved by the City prior
to any construction or tap in Sheridan's designated area. No permit shall be final and no
service shall be provided to property until construction is approved, in writing by the
City.
4. Sheridan shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by Sheridan or the City
to be detrimental to the City's treatment process or system. Should the City dctennine
that any discharge enters the sewer system contrary lo applicable Jaws, ordinances,
statutes, rules, regulations or permits, Sheridan agrees to proceed at once to take
whatever lawful means may be necessary to rectify any such problem or condition.
5. The City shall have the right to allocate service under this Contract, and the City may
deny additional service for any utility-related reason, but in no event will the City
terminate or refuse any service without cause. The City shall have the right to cliscoonect
service to any area annexed by Sheridan when such annexation takes place without prior
written City approval.
Within one year of this agreement, Sheridan shall provide the City with an estimate of
the number of equivalent service taps needed for the next five (5) years under cwrcot
zoning and planned build out in Sheridan's area as shown on Exlu'bit A. Sheridan shall
continue to monitor 2.0ning changes within its area to estimate its tap requirements and
provide the City with notice of tap requlrcm~ for the next five (5) year period of time
which shall be given to the City on each anniverS/llj' date of this Agreement in a form
satisfactory to the City.
6. The City may impose and collect reasonable fees, tolls and charges, which shall be
uniform as to all outside-City users for the services provided by the City under this
Connector's Agreement
The City shall bill Sheridan users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill
Sheridan and Sheridan shall pay the amount due to City within forty-five ( 45) days of
such billing. These charges are subject to adjustment by the City from time to time.
When such adjustment to these charges are made, the City shall give Sheridan forty-five
(45) days advance written notice.
The City may bill and collect "District Charges" imposed by Sheridan as an additional
item to be billed and collected by the City along with the City's Treatment charge and
other fees. The "District Charges" received by the City shall be remitted by the City to
Sheridan annually; less an amount equal to the City and Sheridan charges which remain
delinquent Sheridan shall notify the City of any changes in the "District charges" to be
imposed and the remittance schedule before May l" of each year.
7. Subject to the tams of the Taxpayer's Bill of Rights (TABOR), Article XX, Section 10
or the Colorado Constitution, the term of this Agreement is for a period of three (3) years
2
Page 161 of 263
from the date of execution and automatically renews for six (6) subsequent three (3) year
periods unless either party gives a minimum of six (6) months written notice, during
which time Sheridan agrees that all effiuent produced from taps with.iIJ Sheridan shall not
be in violation of any federal, state or City laws, rules or regulations, or any other
applicable governmental regulations or the permits under which the City operates its
sewage treatment system. The City agrees, during the term hereof, to treat said effluent
and to maintain adequate facilities for treating the same.
8. Sheridan agrees that it will maintain, at its own expense. all lines now owned and
operated by Sheridan, it being specifically agreed that the City assumes no responsibility
should any of Sheridan's lines become clogged, damaged, or require maintenance.
Sheridan shall, if it deems necessary, notify its users of Sheridan's procedure to remedy
service disruption .
9. The City is providing only sewage treatment service and, pursuant thereto; incidental use
of the City's sewage lines shall be governed only by this individual Contract with
Sheridan and the City docs not, by this Contract, offer tmltment service except in strict
accordance with the terms hereof. This Contract does not offer, and shall not be
construed as offering, sewage treatment service to the public generally or to any area
outside the limits of Sheridan's service area descn'bed in Exhibit A.
10. This Contract may not be assigned, sold or transferred by Sheridan without the City's
written consent.
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
Il:Ddcr void or unenforceable any provision of this Conliact, in whole or in part, the
remainder shall remain in full force and effect.
12. Sheridan shall enforce this Agreement and each of its lcnns and conditions with.iIJ the
area described in "Exhibit A." Sheridan shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law, or take other appropriate
action in the event of:
a. Nonpayment of such user of any charge made by the City for services;
b. Any violation or noncompliance by such user with the terms of this Agreement;
c. Any violation or noncompliance by such user with the applicable Jaws, JUies,
permits or regulatiow of the City, the United States government. including the
EPA. the State of Colorado, the Department of Health, or other law, rule, permit or
applicable regulation.
13. Continued breach of this Agreement by Sheridan and/or its users shall be considered
cause for the City lo terminate this Agreement Should Sheridan fail to promptly rectify
a breach of any provisions identified herein, after notice thereof, the City may take such
steps and do such work as it deems ncccssazy to enforce this Agreement, including
litigation and specifically a right to injunction or specific performance against Sheridan
or uy of its users as is necessary to protect the City's system and operations. The
prevailing party shall be entitled to expenses and costs of suit, including attorney fees.
3
Page 162 of 263
14 . Should more than one district be connected to a sewer line, all districts on the sewer line
who are in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement and each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment process arising within its legal
boundaries. When more than one district is connected to a sewer line, and the City
discoven any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at fault but shall make available to all such affected
districts all information developed or accumulated by the City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District against another District or city connected to a common sewer line. C.RS.
13-21-111.5, as amended shall govern the percentage of liability ofany district or city on
a common sewer line in the event the City seeks to impose liability based upon
negligence or fault
15. This Conb'act shall not be used as a legal defense or prolu'liition to the mandatory
consolidation of facilities by either party as may be required by the Jaws of the State of
Colorado or all existing sewer collection systems and facilities to a governmental entity
created to assume responsibility for sewer service in the area in which both the City and
State are a part under statutory or constitutional authority.
4
Page 163 of 263
AITEST:
5
Page 164 of 263
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Page 165 of 263
LI TILETON /ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage , Executive Assistant
FROM: Jon Bridges , WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT : WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014 . One of
the outcomes of the audit was the following, along with its associated corrective action :
Audit Finding #7: "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributingjurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA 's requirement. the Industrial Pretreatment Division proposed to
EPA , and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitation districts and the Cities . In this manner , EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations " would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for al I districts .
Page 166 of 263
~Englewood COUNCIL
COMMUNICATION
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE:
SUBJECT:
DESCRIPTION:
April 3, 2017
Country Homes Metropolitan District Addendum to
Wastewater Connector's Agreement
Country Homes Metropolitan District Addendum to Wastewater Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Country Homes
Metropolitan District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988 .
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts.
The Country Homes Metropolitan District will continue to own the mains and will be responsible
for capital improvements in its system . The attached map shows the Country Homes
Metropolitan District. The Englewood Water and Sewer Board approved the Addendum at their
March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Country Homes Metropolitan District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
Country Homes Metropolitan Englewood Addendum -2017
Page 167 of 263
Connector Addendums Memo to W & S Board 2017
Page 168 of 263
.\
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For Sanitation Districts without Industrial Users
1 This Addendum is made and entered into this '1-..l sr-day of n"i)l4t ~'(
20Ii(to be effective as of A Pfl...I L-l J , 1-o 1 7 , by and between the CITY ofENGLEWOOD,
COLORADO, hereinafter referred to as "City", a municipal corporation, acting by
and through its duly elected, qualified and authorized Mayor and City Clerk, and
Country Homes Metropolitan District, a quasi-municipal corporation and political subdivision of
the State of Colorado, hereinafter called "District", acting by and through its authorized
Representative.
WITNESS ETH
WHEREAS, the City and the District previously entered into a Connector's Agreement,
("Agreement") dated -5°~ .... 412-) 'f 1 ")....o 1 o , a copy of which is attached hereto and incorporated
by reference, pursuant to which the City and the District agreed that the City would provide
wastewater treatment services to the District through the Littleton/Englewood Bi-City Wastewater
Treatment Plant ("Wastewater Plant"); and
WHEREAS, the tenns and provisions of the Agreement remain in effect unless expressly
modified by this Addendum; and
WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of
Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in the District; and
WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer
system all applicable City municipal code provisions and rules and regulations of the City shall be
the minimum standards for the District's sanitary sewer system; and
WHEREAS, the City has detennined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's Municipal Code, rules and
regulations within the service area of the District; and
WHEREAS, the EPA defines "Industrial User" as "a source of nondomestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
Page 169 of 263
NOW THEREFORE , in consideration of the mutual promises and co venants hereinafter
contained, the parties agree as follows :
I. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations 5 CCR 1002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12 , Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code .
4. In the event that any Industrial User or Nondomestic User locates within the District , the
District agrees to abide by Subsections I and II below, and the District further agrees to
inform the City of any industrial users or nondomestic users locating within the District.
I. City Responsibilities
1. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities :
A. The City, on behalf of and as an agent for the District, shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding Industrial Users and/or
Nondomestic Users. Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City 's industrial waste survey;
(ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a permit ;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries ;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
2
Page 170 of 263
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
service area.
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in this
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes.
B. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination. In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-hours after the action is initiated.
C. The City, on behalf of the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.8(f) and summarized as follows:
(i) Control through permit, or similar means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403. l 2( o ), to assure compliance
with Industrial Pretreatment Program standards and requirements;
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
3
Page 171 of 263
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements.
D. If the District performs its own fats, oils and grease ("FOG") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS program. In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District. The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area.
E. In the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs.
II. District Responsibilities
I. The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users and/or
Nondomestic Users within the District's service area:
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City.
B. The District will maintain current information on Industrial Users and/or
Nondomestic Users located within the District's service area, and provide Industrial
Users' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
Program for any Industrial User and/or Nondomestic Users located within the
District's service area.
4
Page 172 of 263
C. The District shall enforce the provisions of its local sewer use regulations. In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections.
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs.
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMArNDER OF PAGE INTENTIONALLY BLANK
5
Page 173 of 263
... ,. t .•
CITY OF ENGLEWOOD
Mayor
Attest
Country Homes Metropolitan District
4 A_
,~~
Secretary
State of Colorado
County of Arapahoe
)
) SS .
)
The forgoing instrument was acknowledged before me this d].s±. day of
f.ebruar ~ , 20 {] , at Cherry Hills Village, Colorado , by
Cmrles J<vrt1
Witness my hand and official seal.
My Commission expires : ~pkmbRv OJ dJ0/7.......,_=--=
CRYSTAL o. SCHENCK
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 19974()
MY COMMISSION EXPIRJ~/2017
6
Page 174 of 263
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
Sewer Contract No. ___ _
~S AGREEMENT, mod• ...i oot=d U.to OU. tj;ae day of
VA.lu.1> . 20/.JL to be effective as of3J/& 'f4. , 20/aby and
eenthCiilY OF ENGLEWOOD, COLORAD(lf'~~~rporation, hereinafter
referred to as "City,'' acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and COUNTRY HOMES METROPOLITAN DISTRICT, a quasi-municipal
corporation and political subdivision of the State of Colorado, hereinafter called "District,"
acting by and through its authorized Representative .
WITNESSETII
WHEREAS, the City owns and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve the District for treatment of sewage under
certain conditions;
NOW, TIIBREFORE, JN CONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the District's sanitary sewer systc:m within the area served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exhibit A."
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein.
2. In the opention of the District's sanitary sewer system, the District agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations, or permits, including those of the Enviromncntal Protection Agency
(the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all users, contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish any information
inconsistent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body. The City shall
attempt to maintain and provide information on all requirements to the District; however,
Page 175 of 263
the City does not guarantee the accuracy or completeness of government regulations
other than the City's own regulations .
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by the District and its users. All sewer plans, specifications and methods of
work within the District shall be submitted to the City in writing and approved by City
prior to any construction or tap in the District's designated area. No permit shall be final
and no service shall be provided to property until construction is approved, in writing by
the City .
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by the District or City to
be detrimental to City's treatment process or system. Should the City determine that any
discharge enters the sewer system contrary to applicable laws, ordinances, statutes, rules,
regulations or permits, the District agrees to proceed at once to take whatever lawful
means may be necessary to rectify any such problem or condition.
5. City shall have the right to allocate service under this Contract, and City may deny
additional service for any utility-related reason. but in no event will City terminate or
refuse any service without cause. City shall have the right to disconnect service to any
area annexed to the District when such annexation takes place without prior written City
approval.
Within one year of this agreement, the District shall provide City with an estimate of the
number of equivalent service taps needed for the next five (5) years under current zoning
and planned build out in the District's area as shown on Exhibit A. The District shall
monitor zoning changes within its area to estimate its tap requirements and provide City
with notice of tap requirement for the next five (S) year period of time in a form
satisfactory to the City. Notice of these requirements shall be given City on each
anniversary date of this Agreement.
6. City may impose and collect reasonable fees, tolls and charges, which shall be uniform
as to all outside-City users for the services provided by the City under this Connector's
Agreement
City shall bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay City, City shall bill the District
and the District shall pay the amount due to City within forty-five ( 45) days of such
billing. These charges are subject to adjustment by the City from time to time. When
such adjustment to these charges are made, City shall give the District forty.five (45)
days advance written notice.
7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written notice, during which time the District agrees that all
effluent produced from taps within the District shall not be in violation of eny federal,
state or City laws, rules or regulations, or any other applicable governmental regulations
or the permits under which the City operates its sewage treatment system. City agrees,
during the term hereof, to treat said cffiuent and to maintain adequate facilities for
treating the same.
Page 176 of 263
8. The District agrees that it will maintain, at its own expense, all lines now owned and
operated by the District, it being specifically agreed that City assumes no responsibility
should any of the District's lines become clogged, damaged, or require maintenance .
The District shall, if it deems necessary, notify its users of the District's procedure to
remedy service disruption.
9. The City is providing only sewage treatment service and, pursuant thereto, permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City does not, by this Contract, offer treatment service
except in strict accordance with the terms hereof This Contract does not offer, and shall
not be conatrued as offering, sewage treatment service to the public generally or to any
area outside the limits of the
District's service area described in Exhibit A.
10. This Contract may not be assjgned., sold or transferred by the District without the City's
written consent.
11. Should any federal law, rule, pennit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect.
12. The District shall enforce this Agreement and each of its terms and conditions within the
area descnbed in "Exhibit A." The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant to appropriate law; or take other appropriate
action in the event of:
a. Nonpayment of such user of any charge made by City for services;
b. Any violation or noncompliance by such user with the terms of this Agreement;
c. Violation or noncompliance by such user with the applicable laws, rules, permits
or regulations of the City, the United States government, including the EPA, the
State of Colorado, including the Department of Health, or other law, rule, permit or
applicable regulation.
13. Continued breach of this Agreement by the District and/or its users shall be considered
cause for the City to terminate this Agreement. Should the District fail to promptly
rectify a breach of any provisions identified herein, after notice thereof, City may take
such steps and do such work as it deems necessary to enforce this Agreement, including
litigation and specifically a right to injunction or specific performance against the
District or any of its users as is necessary to protect the City's system and operations.
The prevailing party shall be entitled to expenses and costs of suit, including attorney
fees.
14. Should more than one district be connected to a sewer line, all districts on the sewer line
who are in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement and each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment process arising within its legal
Page 177 of 263
boundaries . When more than one district is connected to a sewer line, and the City
discovers any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at fault but shall make available to all such affected
districts all information developed or accumulated by City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District against another District connected to a common sewer line. CRS-13 -21-11.5
shall govern the percentage of liability of any district on a common sewer line in the
event the City seeks to impose liability based upon negligence or fault.
15 . This Contract shall not be used as a legal defense or prohloition to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
created to assume responsibility for sewer service in the area in which both City and
State are a part under statutory or constitutional authority.
STATE OF COLORADO
com OF Omp ~o.Q •
,Chairman
) SS.
)
4
Page 178 of 263
EXHIBIT A
LEGAL DESCRIPTION
COUNTRY HOMES METROPOLITAN DISTRJCT
Country Homes Metropolitan District consists of Parcel A and Parcel B. Parcel A
consists of the Country Homes Subdivision, Lots 1 through 24 inclusive, except for Lots
E and A which are a re-subdivision of Tract (Lot) 15 . Parcel B consists of those Jots
(eight in number) that are shown on the drawing attached hereto as page 2 ohhis Exhibit
and incorporated herein by this reference .
Page 1 of2
Page 179 of 263
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Page 2 of 2
Page 180 of 263
LITILETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage , Executive Assistant
FROM : Jon Bridges , WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT : WASTEWATER CONNECTOR 'S AGREEMENT ADDENDUMS
The Wastewater Connector 's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014 . One of
the outcomes of the audit was the fol lowing , along with its associated corrective action :
Audit Finding #7 : "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributing jurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA 's requirement, the Industrial Pretreatment Division proposed to
EPA and the Cities of Littleton and Englewood , to develop an Industrial Pretreatment-specific
addendum to the wastewater connector 's agreements currently in place between individual
sanitation districts and the Cities. In this manner, EPA's requirement to "establish delegation for
implementation of the Pretreatment Regulations" would be accomplished wi t hout re-opening the
existing agreements and the addendum could then be a standard agreement for all districts.
Page 181 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
City of Cherry Hills Village Sanitation District
Addendum to Wastewater Connector's Agreement
DESCRIPTION:
City of Cherry Hills Village Sanitation District Addendum to Wastewater Connector's
Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the City of Cherry Hills Village
Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988 .
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts .
The City of Cherry Hills Village Sanitation District will continue to own the ma in s and will be
responsible for cap ital improvements in its system . The attached map shows the City of Cherry
Hills Village Sanitation District. The Englewood Water and Sewer Board approved the
Addendum at their March 14 , 2017 meeting.
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the City of Cherry Hills Village Sanitation District .
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
Page 182 of 263
City of Cherry Hills Village Addendum -2017
Connector Addendums Memo to W & S Board 2017
Page 183 of 263
/IDDl 3NDUM TO \V/\S'I f\V/\'11-'.R CONNl 'C I OR'S /\GRH MENT
For Owners with l11clt1'it1 ial U~crs
I hi~ /\cldcncl11111 is nmlc and rnlcrccl into this 2 \"""'.::_ day or _'&,b (\)~1-----
20rfi, 10 he cf'li:cti\e n'i or_Af.~IL l-:f _1 'l....Di]b) nnd bcl\\'cen thc CITY ol'EN GLE\\'OOD,
COLORADO, hcrcinarter rclcrrcd lo ns "City'', n municip:ll corpornlion, ncting by
and thro ugh its duly clcclccl , qualified nnd m1lhori?cd Mnyor and City Cl erk, nncl
Cit y of Chern II ills Villnc.e
(N.imc "f o,n1cr)
-----------[~I C=o~l=o~r a~d.._o-'.l 7'10~11~1c'71::"·u-':'lc._,1~11~11 =11i~c""i p=a~I i ~l \_' ______ of lhc Stale or
(l)pn•frnlil))
Colorado, hcrcinnrtcr called "Cl IV", acting by nnd through its authorized Representative.
\VrlNESSF'lll
\\'HEllE/\S, the City and Cl IV pre\'iously entered into a Co11neclor's Agreement,
(''/\gn.:emcnl") dnted -~~ \l1__1p.l':L_, a copy of which is allached hereto and
incorpor;itcd by reference, pursuant lo which the City and Cl IV agreed that the City would provide
w;islcwalcr treatment services to Cl IV through !he Liltlclon/Englcwo od Bi -City Wnstcwalcr
Trcalmcnl Plant ("Wastewater Plan!"); nnd
WI I ER l·:AS, the terms and provi sions of the /\grecrnenl rc.:111ain in effect unless cxpres'il)'
modified by this Addendum; and
WllEREAS, the United State s En\'ironmental Protection /\gency ("cP /\") ha; in ~t1 uctcd
the City lo establish an inter-juri sdictional agreement between the City and Cl IV which provides
the City with the authority to i111plemcn1 the "Industrial Pretreatment Program", contained i11 40
CPR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of Engle\\ood
Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, for
any industrial users currently loca ted or hereafter locnling in CHY; and
WHEREAS, the Agreement provides that in the opera lion of Cl IV's sanitary sewer system
all applicable City municipal code provisions and rules and regulations of the City shall be the
minimum standards for CH V's sanitary sewer system; and
WHEREAS , the City has determined that the provisions of the Agreement provide the City
with sufficient authority lo satisfy !he inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties desire to further clarify and designate the obligations and
responsibilities of Cl IV and the City with respect to the enforcement of the City's Municipal Code,
rules and regulations within the service area of CHY; and
WHEREAS, the EPA defines "Industrial User" as '·a source or nondornestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastc\\aler from any facility
other than a residential unit".
Page 184 of 263
NO \V '1111 RI · I Olli . in con,idet ,1lion ol the tlll1lunl p1 omises and covenants hcn:ina!icr
contained, the parlic~ agree a'> follm,s:
I. The recitnls ahO\c a1e i11eo1poratccl herein by thi'> 1ef'c1e11cc.
2. The City ;rnd Cl IV 11H1lttnlf) ngn:e to comp!) full) '' ilh nil applicable federal, stale and
local laws, rule' <llld 1egulations, including bu! not limited lo 40 CFR l'arl 403 promulgated
by the El' A, Colorado Regulations 5 CCR l 002-63 promulgated by the Colorndo Water
Quality Commission puri>uanl lo Co lot ado Revised Slalule 22-8-508, nml Tille 12, Chapter
2, Section 5 of the Lnglc\, ood Municipnl Code, and Title 7, Chapter 5, Section 25 of the
City of! .itlleton Municip.d Code, a~ each is nmendecl from time lo time, nnd all waslewntcr
contribution reciuiremenls adopted by the City in accordance with the Agrcemenl.
3. The p;1nies, from time to time, :;hnll rcvie\\' and cooperate lo revise !liis 1\ddc11du111, if
necessary, lo ensure complinnce with 42 U.S.C. ~ 1251 cl. SL'C]., of the Federal Clean Water
Ac!, !he fcclernl ntlc' and 1egula1ions found nt 40 Cl'll l'arl 403 issued !hereunder, nncl the
City Municipal Code.
I. Cil) Rc~pon,ibililics
I. The City shall be rc~ponsihle for and shall necept the following duties ;111cl perform the
following nctions in relation to all current and future Industrial Users nnd/or No11<lo111estic
Users located within Cl IV, and Cl IV agrees lo cooperate to the extent necessary for the
City lo successfully carry out its responsibilities:
A. The City, on behalf of and ns an agent for Cl IV, shall perform technil:al nnd
aclminislrntive duties necessary lo nssisl Cl IV with the implcmenlalion nnd
enforcement of CHY's rules and regulations rcgmdi11g Industrial Users and/or
Nondomestic Users. Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue pennits lo all Industrial Users and/or Nondomcstic Users within Cl IV
required to obtain a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to CHY of enforcement actions taken by the City against any
Industrial User and/or Nondomestie Users located within CHY boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice lo the City, provide CHV access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomeslic Users located within CH V's
service area.
2
Page 185 of 263
(viii) 'J he Cit) ''ill 111 .1!-e a re a~ona hl e dTort to notify Cl IV in mll';incc or any
public hea1 in g tn clrnn gc municip al code provision s referenced in thi~
/\ddcmlu111, and make a rL·a sonablc effort to provide an opportunity for
Cl IV to comment on p1opo scd chan ges.
ll In addition , the City may, a ~ approprintc , nnd as an agent ofCllV, take emergency
action to stop or pre\ enl the di,cha1ge f1 om lndus11 ial Users or Nondomestic Users
of any waste\\atcr \\hich pre~t:nt-; 01 may pre sclll an imminent danger lo the health,
safety and \\elfim: of humans or \\hich rca~onably appears to threaten the
environment, or \\ hieh threatens to cause inlerfcrencc with, or pass through the
Wastewater Plant, 01 cnusc sludge contaminalio11. 1 n the event the City deems such
emergency action appropriatt: it shall provide Cf IV with notice thereof' in advance,
if possible, hut no late1 than 24-houis afle1 the action is initialed.
C. The City, on behalf of' Cl IV, agrees to perfrnm the following actions :1s sci forth in
tlO CFR P:irl 403.8(1) :111cl summnritecl ns fol lo\\·~:
(i) Control through pC11nit, or similar means, the conlrihution to the City by
lnd11slrial Uscr1' and 'or Nondomcstic Users;
(ii) Require compliance with applicnblc lndustrinl Pn:trcatmcnl Program
stnnclards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions or pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomcstic Users;
(iv) Require the devclopmenl of compliance ~chcdulcs by each Industrial
Users and/or Nondo111cstic Users for the instnllation of technology
required to meet applicable Industrial Pretreatment Progrnrn standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users :is arc necessary to assess and
nssure compliance by Industrial Users and/or Nondomcstic Users with
1 ndustrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402 .12;
(vi) Carry oul nll inspection, surveillance nnd monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomcstic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403 .12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
(viii) Evaluate compliance with the lndustri:il Pretreatment Program standards
and requirements and obtain remedies, including the nbility to seek
injunctive reliefnnd assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403 . l 4
of the Industrial Pretreatment Program standards and requirements .
3
Page 186 of 263
D. 1r c11v pc1forr11'; it<; 0\\11 rat -,, oil ' and g1ca~c ("'I OG") progr,1111 or pet1olcu111, oil ,
grease and sand ("l'OGS'') p1og1a111 it !.hal! notif) th e City in th l' e\'c11t tha1 Cl IV
di scon tinues its FOG 01 l'OGS program . 111 rn<;c of CJ l\l 's discontinuance, tin: Cit)
shall be authorized to administer the I OG and POGS progr,1111 in acldi1io11 to
nclminislrating the remaining secto1 control programs on behalf of nncl ns agent fo1
Cl IV. The City sh al I hn\ c the righl to charge a 1 casonahlc in ~pcct ion fee 10 Cl I \I
ror any in spection rclalccl to lnclu slrial Us cts nnd/or Nondomc \ti c llscrs within
Cl IV 's service area.
E. In the cvcnl lhal Cl IV docs nol perform I OG or POGS programs the pallies ngrcc
that th e City shall perform and he responsible for !he ad111i11i s1rn1ion of lhe se
programs, as well a<; the remaining scclor control program s. 'I he Cily shall have the
righl lo charge a reasonable in<>pection fee lo Cl JV for any inspection re la led to
Indu strial Users or No11clo111estic Users'' ilhin Cl IV .
F. The City shall be responsible for ad111inislrnling the rema1n1ng sccl01 control
programs in Cl IV nolwi1hstanding tlrnl Cl I \I pc1 forms its 0\\ n I OG :111cl POGS
programs .
II. CJ IV Hcsponsibilitics
I . Cl IV is responsible for, nnd shall accept, the following duties and perform the following
actions for and in relation to all current nncl future lnclustrinl Users ancl tor Nondomcstic
Users within CI IV's service area :
A. No Inter than June 30. 2017, Cl-IV ~hall adopt enforceable local sewer use rules
and/or regulations which arc no les s stringent and arc as broad in scope as the
Industrial Prclrealmenl Program section of the Wastewater Utility Ordinance found
in Title 12 , Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Lilllcton Municipal Code. The City
will provide lo CHY model regulations and any necessary revisions to the rule
and/or regulations from time to time , and Cl IV will promptly present to its City
Council for ndoption any necessary revisions to its local sewer use rules and /or
regulations that arc al leas! as stringent as those adopted by the City to nssure
compliance with the Industrial Pretreatment Program.
B. Cl JV will maintain cmrcnt information , as reasonably required by the City, on
Industrial Users and /or Nondomestic Users located within CH V's service area, and
provide Industrial Users' information lo the City upon request. CHY agrees to
provide lo the City access lo all records or documents relevant lo the Industrial
Pretreatment Program for any Industrial User and /or Nondomestic Users located
within CH V's service area provided that the City shall comply with the Colorado
Open Records Act in the even\ of an open records request seeking the release of
such records or documents under C.R.S. § 24-72-(3)(a)(IX).
4
Page 187 of 263
C. 111 the c\'e11t Cl I \I fail s to ta!,c :1dcquatc rnloi crn1c11t action in accorcl<111ce wilh ils
local sewer u~c 1cgu!atio11\ agai1i-t 11011 co111plia111 lnclustrial Usc.:r.s nnd/01
Nondomcstic Users se1Tccl b) the CiLy in Cl IV 011 a timely basis, Cl IV agrees ancl
hereby dclegales it~ authority ancl police plrners to the City to the extent nccessnry
to take such action on behalf or ancl as an agent for Cl IV, proviclccl that the City
prol'idcs advance notice of such action to Cl IV\\ here rcnsonably prncticnble.
D. Cl l \I shall coopcnite with the City to imple111c11t nncl enforce the Industrial
Pretreatment Program standnrds and requirements for the Industrial Users and/or
Nondomestic Users in Cl IV with the Cit) 's oversight of the program. In the event
Cl IV docs not provide rc~ourccs, or ndcquntcly implement or enforce the lnclustrial
Prclrcnlmenl l'rogrnm, Cf Iv agrees that the City mny take such llCtion Oil behal r or
and ns an agent for Cl IV, provided thnt the City provides notice of such net ion to
CllV.
E. Cl IV agrees that the City ~hall take re~ponsihility for inspeclions oflndustrinf Users
and/or Nonclomcstic Users on behnll"of Cl I \I and hereby delegates its authority nncl
police powers lo the City for such purposes . If, in the future, Cl IV assumes
responsibility for inspections of lndu~tri:ll Users and/or Nondomcstic Users, CJ IV
ngrccs that, in the event tlrnt Cl IV foils to take nctions consistent with such
responsibility, including innetion, refusal to in\pcct, or lnck of personnel to inspect,
the City may rcas~umc this responsibility, including the nuthority and police powers
necessary for the same, nnd charge Cl IV for the costs of the inspections.
r:. Cl IV agrees that if the authority of the City lo act as agent for Cl IV under this
Addendum is successfully challenged by an Industrial User and/or Nondomcstic
User, courl of law, or otherwise, Cl IV wi ! I tnke action lo ensure the i111plemcntation
nnd enforcement of its local sewer use regulations against any Industrial Users and
Nondomcstic Users, within Cl !V's service nrea, including but not limited to,
implementing nnd enforcing its local sewer rcgulntions on its own behalf or
cooperating with the City to m11end this Addendum to clarify the City's authority.
G. CHV IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs .
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected .
REMAINDER OF PAGE INTENTIONALLY BLANK
s
Page 188 of 263
en y OF ENGLEWOOD
---------------Mayor
.. __________ , __ _
;\ttcsl
CITY OF Cl IERRY I llLLS VILLAGE :
AITEST: Approved as to form:
6
Page 189 of 263
WASTEWATER
CONNECTOR'S AGREEMENT
For CITY OF CHERRY HILLS
411912012
Revis ion
Sower Conlrnct No. ___ _
f[JJ,S AGREEMENT, made and entered ln10 this /l},l/ie day of
'J./MA./uA-; , 2012: to be effeclivc as of NOV£lt1e10! 1 q • 20.!$ by and
between the CITY OF ENGLEWOOD, COLORADO, o municipal coq)oratlon, hereinofter
referred to es "City," acting by and through Its duly elected, qualified and auU1orized Mayor nnd
City Clerk, and the CITY OF CHERRY HILLS, a municipal corpornlion and subdivision ofthc
State of Colorpdo, hereinafter called "Cherry Hills," acting by and through its authorized
Representative. ·
WITNESS ETH
WHEREAS, the City owns and operates 11 sewage system, including a sewage trealment plant
which is jolnlly owned nnd operated with the Cily ofLlttleton , so situated physically as to be
able to receive nnd treat the sewage from a dcsisnnted area served by Cherry Hills and galhercd
by lhe Cherry Hills' sanitary-sewage system; and
WHEREAS, it is the desire of Cherry Hills to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to servo Cherry Hills for treatment of sewage under
certain conditions;
NOW, THEREFORE, JN CONSIDERA TJON of Ute promises and for other good and
valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows:
I. The City hereby agrees under the conditions hereinafter set forth, lo treat the sewage
originating from tho Cherry Hills' sanitary sewer system within the area served by
Cherry H!Us as approved by the City and as Indicated in the description nttoched hereto,
Incorporated herein and marked ns "Exhibit A."
Cherry Hills specifically agrees Lo prevent $ewagc from any area othe.r than that
described herein, from being discharged into Cherry Hills' sanitary sewuge system
connected to the City's trunk llne and to prevent connections to the syslcm from or In
any area other than those described herein.
2. In the operation of the Cherry Hllls sanilary sower system, Cherry Hills agrees that all
applicable Code provisions and rules and regulatlom of the City, including amendments
thereto during the tenn of the contract, shall be the minimum standards for the Cherry
Hllls' system . Chercy Hills further agrees to abide by all applicable state ond federal
laws, mies, regulations, or permits, Including those of the Environmental Protection
Agency (the EPA) as they become effective or implemented or upon notice from the
City. Cherry Hills shall info1TI1 all users, contractors and subcontractors of such
stondncds, rules and regulations upon inquiry from such persons, and shall not fumlsh
any information inconsistent therewith. In this regard, It shall be tho responsibility of
Cherry Hills to obtain the applicable requirements from the appropriate governing body.
1
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Page 190 of 263
...
The City shall oltempt to maintain nnd provide infonnation on oil rcqulrcinenls 10 Cherry
Hills; however, the City does not guarantee the accuracy or completeness of government
regulations other than the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting rcquiremenls shall be
followed by Cherry Hills and its users . All sewer plons, specificntions nnd methods of
work within Cherry Hills shnll be submitted lo the City In writing ond npproved by the
City prior to ony construction or top In Cherry Hills' designated orco. No pennit shnl I be
final and no service shall be provided to property un1il constrnction is approved, in
writing by the City.
4, Cherry Hills shall be responsible for the proper mnintennnce of its sewer sysl em ond
shall rectify any problems or conditions which hove been detennined by Cherry Hills or
the Cily to be delrimental to the City's treatment process or system . Should the City
de1crmine thot any discharge enters !he sewer syslcm conlrnry to npplicnble law s,
ordinances, statules, rules, rcgulalions or pennils; Cherry Hills 11grees to proceed al once
10 tnke whalevcr lnwful means mny be necessary lo rectify any such problem or
condilion.
5. The City shall have the right lo nllocale service under this Contract, ond the City mny
deny additional service for any utility-rel:iled reason, but in no event will the City
tenninate or refuse any service without cause. The Cily shall have tho right to disconnect
service 10 uny nrea annexed 10 Cherry Hills when such annexation tokes place without
prior written City approval.
Within one year of this agreement, Cherry Hills shall provide the Cily with an eslimnte
of the number of equivalent scivicc laps needed for the next five (5} years under current
zoning and planned build out in the Cherry Hills nrca as shown on Exhiblt A. Cherry
Hills shall continue lo monilor zoning changes within ils nrea to estimate its tap
requirements ond provide the Ci1y with notice of tap requirement for lhe next five (5)
year period which time shall be given to the City on each anniversary dole of this
Agreement in a fonn satisfactory to tho City.
6. The City may impose ond collect reasonable fees, tolls and charges, which shall be
unifonn as to nil outside-City users for the services provided by the City under this
Connector's Agreemenl.
The City shall bill Cheny Hills' users directly for all npplicnble City charges for services
rendered under this Agreement. Should any user not pay the City, the City sholl bill
Cherry Hills and Cherry Hills shall pay the amount due to Clly within forty-five (45)
days of such billing. These charges ore subject to adjustment by the City from lime to
time. When such adjustment to these charges are made, the City shall give Cherry Hills
forty-five ( 45) days advance writlen notice.
The City may bill and collect "Districl Charges" Imposed by Cherry Hills as an
ndditioonl hem to be billed and collected by lhe City along with the City's Treatment
charge nnd other fees. The "District Charges" received by the Ci1y shall be remitted by
the City to Cherry Hills aMunlly; less on amount equal to the City and Cherry Hills
charses which remain delinquent. Cherry Hills shnll notify the City of any changes In
the Cherry Hi ils charges lo be imposed ond the remiuance schedule before Mny I" of
eoch year.
2
Page 191 of 263
. '·'
7. Subjecl to the terms oflhe Taxpayer's Bill of Rights (TABOR), lhc lenn of this
Agreement is for ll period of three (3) years from the date of execution and ou tornatlcolly
renewed for six (6) subsequent three (3) ycor periods unless either party gives o
minimum of six (6) monlhs written notice, during which time Cherry Hills ngrees thnt oil
effluent produced from tnps within Cherry Hills shall not be in viofotion of ony federnl,
state or City laws, rules or regulations, or any other applicable goverruneotnl regulutions
or lhe permits under which the City operates its sewage treutmenl system. The City
agrees, during the tenn hereof, to treat said effluent nnd to maintain adequale facilities
for trealing the same.
8. Cherry Hills agrees lhal ii will maintain, ot its own expense, all Jines now owned and
operated by Cherry Hills, it being specifically agreed lhat the City assumes no
responsibility should any of Cherry Hills' lines become clogged, drunagcd, or require
maintc:nancc. Cherry Hills shnll, if it deems necessary, notify its users of Cherry Hills'
procedure to remedy service disruption .
9. The City is providing only sewage treatment service and, pursuanl thereto; any pennils
incidenlnl to the use of the City's sewoge lines shall be governed only by 1his individual
Contract with Cherry Hiiis ond the City does not, by this Controcl, offer treatment
service except in strict accord once with the tenns hereof. This Contract does not offer,
and shall not be construed os offering , sewage lrenlmcnt service to the public generally
or loony area outside the: limits of Cherry Hills' service area described in Exhibit A.
I 0. This Controct may not be ossigned, sold or transferred by Cherry Hills without the City's
wrillen consent.
11. Should any federal low, rule, pennit or regulation or should 11 decree or order of n court
render void or unenforce:ible any provision of this Contract, in whole or in part, the
remainder shall remain In full force nnd effect.
12. Cherry Hills shnll enforce this Agreement nnd ench of its terms ond conditions within the:
area described in "Exhibit A." Cheny Hills sholl refuse to serve LI user or potential user;
disconnect the service of any user pursuant to appropriate law; or toke olher appropriate
action in the event of;
o. Nonpayment of such user of nny ch11rge made by the City for services;
b. Any violation or noncompliance by such user with the terms of this AJ,'Tcement;
c. Any violation or noncomplinnce by such user with the opplic:oble lows, rules,
pennits or regulations of the City, the United States govcmmcnl, including lhe
EPA, the State: of Colorado, the Department of Health, or olhcr law, rule, permil or
applicable rei.rulation .
Page 192 of 263
13. Continued breach of this Abrreemcnt by Cherry Hills and/or its users shall be considered
cause for the City lo lenn inato this Agreement. Should Cherry Hills foil 10 promplly
rectify n breach of any provis ions identified herein, nfier notice thereof, the City may
toke such steps and do such work ns it deems necessary to enforce this Agreement,
including litigation and specifically a right to il\iunction or specific perfonnance against
Cherry Hills or any of its users as is necessary to protect the City's system and
operations. The prevailing party shall be entitled to expenses and costs of suit, including
nllomey fees .
14 . Should more than one district or City be connected ton sewer line, all districts or Cities
on the sewer line who arc In breach of this Agreement shall be jointly and severnlly
llnble for ony such bre<>ch of this Agreement and each such district shall lmmcdiolcly,
after notice, rectify nny problem or condition detrimental to the treatment process arising
within its legal boundaries. When more than one district is connected ton sewer line,
and the City discovers any violation of the tenns of this connector's agreement; the City
shall not be required to prove which district is nt fnuh but shall make available to all such
affected districts nnd Cities oil information developed or nccumulntcd by the City
pertaining lo such breach. Nothing conlnined herein shall preclude o claim for indemnity
or contribution by ony District or City against another District or City connec ted to 11
common scwerline. CRS-13-21·111.5, ns amended shall govern the percentage or
liobilily ofony district on a common sewer line in the event the City seeks to impose
liability bosed upon negligence or fault.
15. This Contract shall not be used ns a legal defense or prohibition to the mondato1y
consolidation of facilities by either p1111y as may be required by the lows of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
crcnted to assume responsibility for sewer service in the nrea in which both the City and
State ore n part under statutory or constitutional outl1ority.
4
Page 193 of 263
·''
I t Jtl
By:
Lindn C. Michow, City Attorney
s
Page 194 of 263
EXHIBIT "A."
Geographic boundaries of the City of Cherry Hilla Village, County
of A_rapahoe, State of Colorado:
commencing at tha NW corner of the s 1/2 of the NW l/4. of
the NW 1/4 of Section 2, Township S South, Range 6B West
of tte 6t:h Principal Meridian; thence East to _t.hG SW cornQr
of the NW 1/4 of the NE 1/4 of the NW 1/4,~thence North to
the NW corner of tho NE 1/4. of the NE 1/4' of the NW 1/4 of
said Setion 2, thence East along_t;_~e North line of Section
2 to the NW corner of Section 1, Township s s .outh, Range
68 West, continuing East along the North line of said
Sectior. 1 to the NW ccrnP.r of Section 6, Township 5 South,
Range 61 West of the 6t3 Principal Meridiar., continuing
East along the North line of said Section 6 to the NE
corner of the NW 1/4 of said Section 6, thence South along
the East line of the NW 1/4 of said Section 6 to the center
of Section 6, Township 5 South, Range 67 Wast, thence .East
along the North line of the SE 1/4 of said Section 6,
2,6~2.16 feet to the NE corner of the SE 1/4 of said Section
6, thence North along the East line of aaid Section 6, 10. 88
feet to the ce;.te= line of Happy Canyon Road, thence South
44°35'35" East 3,708.45 feet to the North 1/4 corner of
S0ction s, Township 5 South, Range 67 West of the 6th Prin-
cipal Meridian, thence South on the West line of the NE 1/4
of Section 8, Township S South , Range 67 West to the center
of said Section e, continuing South along the West line of
the SE l/4 of said Section B to the SW corner of the SE 1/4
of said Section 8, thence West to the SE corr.er of Section
7, Township 5 South, Range 67 West of th~·6th Principal
Meridian; continuing West along tr.e So~th line of said
Section 7 to the SE corner of Section 12, Township 5 South,
Range 68 West of the 6th Principal Meridian, continuing West
along tho South line of said Section 12 to the SE corner of
Section 11, Township 5 South, Range Ei6 West: of the 6th
Principal Meridian, continu!.ng West along the South line oE
said Section 11 to the SW corner of said Section ll, the~ce
North along the west line of said section ll to the SW
corner of Section 2, Township s South, Range 68 West of the
6th Principal Meridian, continuiog North along the West
lir.e of said section 2 to the point of beginning.
EXCLUDING THE PROPERTY ON THE SOOTHEAST CORNER OF
UNIVERSITY AND EAST HAMPDEN AVENUE KNOWN AS THE BUELL
PROPERTY
Page 1 of3
Page 195 of 263
LEGAL DSSCRIPTIO N
OF TH8 PROPER 7 Y KNOWN AS
THE BUELL PROPERTY
A parcel of land lying in the Northwest one-quarter (NW l/4) of
Section l, Township 5 Sc~th, Range 60 Weet of the 6th Principal
Meridian, City of Cherry Hills Village, County of Arapahoe, State
of Colorado, more particularly described as follows:
For the purpose of this description the bearing are based on the
easterly line of said NW 1/4 to bear South 00°18' 12 11 West.
commencing at the Northwest corner of said Section l;
Thence South 00°18'00" West along the westerly line of said
Section l a distance of 75.00 feet to a point:
Thence North 09°57'1~" East parallel with and 75.00 feet
southerly of the northerly line of said Section l a
distance of 87.00 feet to the POINT OF BEGINNING;
Thence continuing North 89°57'19" East; along the sout;herly :tght
of way of East Hampden Avenue {US 285) aa described in
Book 1153 at Page 81 a distance of 992.16 feet to a point1
ThP-nce South 00°02 '41" East continuing along aaid southerly right
of way line a dist;ance of 5.00 feet to a point;
The!".Ce North 69°57' 19" East continuing along said southerly right
of way lino a distance of 826.67 feet to a pointi
Thence South 00°19'29" West a distance of 2077.26 feet to a
point;
Thence North 89°13'30" West a distance of 1165.00 feet to a point
on the easterly line of The Reserve at Cherry Hills;
Thence North 00°18' DO" Ea.st along said easterly line a dietance
oE 1180.00 feet to the northeast corne~ of said Reserve;
Thence North 89°13'30" West a distance of 680.QO feet along the
northerly line of said Reserve to a point on the easterly
right of way line of South University Avenue as described
in Book 1597 at Page 2371
Thence North 00°16'00" East along said easterly right of way line
a distance of 601.0J feet to a point;
Thence North 07°06'00" East continuing along said easterly right
of way line a distance of 100.70 feet to a point;
Thence North 00°18'00" East continuing along said easterly right
of way line a distance of 160.00 feet to a point;
'l'hence North 45°27 1 02" East continuing along said easterly right
of way line a dista~ce of 21.27 feet to the POINT OF
BEGINNING.
Containing 69.07 acres, more or less.
Page 2of3
,.
I
Page 196 of 263
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage. Executive Assistant
FROM: Jon Bridges. WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT: WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014 . One of
the outcomes of the audit was the following. along with its associated corrective action :
Audit Finding #7: "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributingjurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA's requirement. the Industrial Pretreatment Division proposed to
EPA , and the Cities of Littleton and Englewood. to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitation districts and the Cities . In this manner , EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations" would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for all districts .
Page 198 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
Valley Sanitation District Addendum to Wastewater
Connector's Agreement
DESCRIPTION:
Valley Sanitation District Addendum to Wastewater Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Valley Sanitation District
Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988.
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts .
The Valley Sanitation District will continue to own the mains lines and will be responsible for
capital improvements in its system . The attached map shows the Valley San itation District. The
Englewood Water and Sewer Board approved the Addendum at their March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Valley Sanitation District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
Va ll ey San itation District Englewood Adendum -2017
Page 199 of 263
Connector Addendums Memo to W & S Board 2017
Page 200 of 263
ADDENDUM TO WASTEWATER CONNECTOR'S AGREEMENT
For San itation Districts with Industria l Users
. ( This Addendum is made and entered into this l 1 tt... day of SitrJ u M-'1..
20 ~o be effective as of Af.~ 1 L. 11 , l-D 1 1 , by and between th e CITY of ENGLEWOOD ,
COLORADO , hereinafter referred to as "City ", a municipal corpora tion, acting by
and through its duly elected, qualified and authorized Mayor and City Clerk, and
Valley Sanitation District
(Name ofS1111illltion District)
a guasi-municipal comoration and political subdivision of the State of
(Type or Ent ity)
Colorado, hereinafter called "District", acting by and through its authorized Representative .
WITNESS ETH
WHEREAS, the City and the District previously entered into a Connector's Agreement,
("Agreement ") dated April 15. 2013 , a copy of which is attached hereto and
incorporated by reference, pursuant to which the City and the District agreed that the City would
provide wastewater treatment services to the District through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant"); and
WHEREAS, the terms and provisions of the Agreement remain in effect unless expressly
modified by this Addendum ; and
WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program ", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12 , Chapter 2, Section 5, of the City of
Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code , for any industrial users currently located or hereafter locating in the Dis trict; and
WHEREAS , the Agreement provides that in the operation of the Distr ict's sanitary sewer
system all applicable City municipal code provisions and rules and regulations of the City shall be
the minimum standards for the District's sanitary sewer system; and
WHEREAS , the City has determined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requ irements imposed by the
EPA ; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's Municipal Code, rules and
regulations within the service area of the District; and
WHEREAS , the EPA defines "Industrial User " as "a source of nondomestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
Page 201 of 263
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows:
l. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA. Colorado Regulations 5 CCR 1002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code.
I. City Responsibilities
I. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perfonn technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding Industrial Users and/or
Nondomestic Users. Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
2
Page 202 of 263
service area.
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in this
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes .
B. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears lo
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination . Jn the event the City
deems such emergency action appropriate it shall provide the District with notice
thcreofin advance, if possible, but no later than 24-hours after the action is initiated.
C. The City, on behalfof the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.8(f) and summarized as follows :
(i) Control through permit, or similar means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and /or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403.12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies, including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements.
3
Page 203 of 263
D. If the District perfonns its own fats, oils and grease ("FOG ") program or petroleum ,
oil, grease and sand ("POGS ") program it shall notify the City in the event that the
District discontinues its FOG or POGS program . In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District. Th e City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area .
E. In the event that the District docs not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs.
II. District Responsibilities
l . The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users and /or
Nondomestic Users within the District's service area:
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Tille 12, Chapter 2, Section S, of the City of Englewood Municipal Code or found
in Title 7, Chapter S, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City .
B. The District will maintain current information on Industrial Users and /or
Nondomestic Users located within the District's service area , and provide Industrial
Users ' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
Program for any Industrial User and/or Nondomestic Users located within the
District's service area.
C. The District shall enforce the provisions of its local sewer use regulations . In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
4
Page 204 of 263
District agrees that the City may take such action on behalf of and as an agent for
the Di strict, provided that the Cit y provides notice of such action to the District.
D. Th e District shall provid e the resources and commit to implementation and
enforcement of the Industrial Pretreatment Program standa rds and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program . In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction , refusal to inspect, or lack of personnel to inspect , by the
District, the City may charge the District for the costs of any such inspections.
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area , including but not limited lo ,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs ,
including conducting all inspections required by these programs .
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 205 of 263
CITY OF ENGLEWOOD
Mayor
Attest
Valley Sanitation District
~JL&k
PhYJiSS()oden
State of Colorado
County of Arapahoe
)
) SS .
)
The forgoing instrument was acknowledged before me this / /f'A-day of
, Colorado , by
Witness my hand and official seal.
StP 2 0 2019
My Commission expires :-------------
6
Page 206 of 263
...
.
I
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
4/19/2012
Revision
Sewer Contract No.----
~QREEMENT, mad• ond mt=! into llm ,.s;.:c-"''of
.,/ . 20 /::S to be effective as of Afl(1 L 1 S . 20 ..13 by and
betw thCCITY OF ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and the VALLEY SANITATION DISTRICT, a quasi-municipal corporation and
subdivision of the State of Colorado, hereinafter called "District," acting by and through its
authorized Representative.
WITNESSETII
WHEREAS, the City owns and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve the District for treatment of sewage under
certain conditions;
NOW, TIIEREFORE, IN CONSIDERATION of the promises and for other good and
valuable coosideration hereinafter set forth, it is mutually agreed by the parties as follows:
I. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the Di.mict's sanitary sewer system within the area served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exlubit A."
The District specifically agrees to prevent sewage from any area other than that
descn'bed herein, from being discharged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those descn'bcd herein .
2 . In the operation of the District's sanitary sewer system, the District agrees that all
applicable Code provisions 8Dd rules 8Ild regulations of the City, including amendments
thereto during the term of the contract, shall be the minimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations, or permits, including those of the Environmental Protection Agency
{the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all users, contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not furnish any information
inconsi'1ent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body. The City shall
1
Page 207 of 263
. ; .
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\
Bttempt to maintain and provide information on all requirements to the District; however,
the City docs not guarantee the accuracy or completeness of government regulations
other than the City's own regulations .
3. Regarding the provision of sewer service, the City's permitting requirements shall be
followed by the District and its users. All sewer plans, specifications and methods of
woric within the District shall be submitted to the City in writing and approved by the
City prior to any construction or tap in the District's designated area. No permit shall be
fioaI and no service shall be provided to property until consttuction is approved, in
writing by the City.
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been determined by the District or the
City to be detrimental to the City's tmitment process or system. Should the City
determine that any discharge enters the sewer system conlrary to applicable laws,
ordinances, statutes, rules, regulations or permits, the District agrees to proceed at once
to take whatever lawful means may be necessary to rectify any such problem or
condition.
S. The City shall have the right to allocate service under this Contract, and the City may
deny additional service for any utility-related reason, but in DO event will the City
terminate or refuse any service without cause. The City shall have the right to disconnect
service to any area annexed to the District when such llilOClUltion takes place without
prior written City approval.
Within one year of this agreement, the District shall provide the City with an estimate of
the number of equivalent service taps needed for the next five (5) yCB.tS under current
zoning and planned build out in the District's area as shown on Exh.t'bit A. The District
sh.all continue to monitor zoning changes within its area to estimate its tap requirements
and provide the City with notice of tap requirement for the next five (5) year period
which time shall be given to the City on each anniversary date of this Agreement in a
form &atlsfactory to the City.
6. The City may impose and collect reasonable fees, tolls and charges, which aha1l be
uniform as to all outside.City users for the services provided by the City under this
Connector's Agreement
The City shall bill the District users directly for all applicable City charges for services
rendered 1D1der this Agreement. Should any user not pay the City, the City shall bill the
District and the District shall pay the amount due to City within forty.five (45) days of
such billing. These charges arc subject to adjustmcn1 by the City from time to time.
When such adjustment to these charges arc made, the City shall give the District forty·
five (45) days advance written notice.
The City may bill and collect "District Charges" imposed by the Districts as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other feca. The "District Charges" received by the City shall be remitted by
the City to the District annually; less an amount equal to the City and District charges
which remain delinquent. The District shall notify the City of any changes in the District
charges to be imposed and the remittance schedule before May 1 n of each year.
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Page 208 of 263
7. Subject to the terms of the Taxpayer's Bill of Rights (TABOR), the term of this
Agreement is for a period of three (3) yean from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months writti:n notice, during which time the District agrees that all
effiuent produced from taps within the District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other applicable governmental regulations
or the pennits under which the City operates it.s sewage treatment system. The City
agrees, during the tenn hereof: to treat said effluent and to maintain adequate facilities
for treating the same.
8. The District agrees that it will maintain, at it.s own expense, all lines now owned and
operated by the District, it being specifically agreed that the City assumes no
responsibility should any of the District's lines become clogged, damaged, or require
maintenance. Tue District shall, if it deems necessary, notify its users of the District's
procedure to remedy service disruption.
9. The City is providing only sewage treatment service and, pursuant thereto; any permits
incidental to the use of the City's sewage lines shall be govemed only by this individual
Contract with the District and the City docs not, by this Contract, offer treatment service
except in strict accordance with the tc:rms hereof. This Contract does not offer, and shall
not be construed as offering. sewage lrcatment service to the public generally or to any
area outside the limits of the District's service area descnDed in Exlu'bit A.
10. This Contract may not be assigned, sold or transferred by the District without the City's
written consent
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenfon:eable any provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect.
12. The District shall enforce this Agreement and each of its tenns and conrutions within the
area dcscn'bed in "Exhibit A." The District shall n:fuse to serve a user or potential user;
disconnect the service of any user pUl'SWIIlt to appropriate law; or take other appropriate
action in the event of.
a. Nonpayment of such user of any charge made by the City for services;
b. Any violation or noncompliance by such user with the tcnns of this Agreement;
c. Any violation or noncompliance by such wer with the applicable laws, rules,
permits or regu)atians of the City, the United States government, including the
EPA, the State of Colorada, the Department ofHealth, or other Jaw, rule, permit or
applicable regulatian.
13. Continued breach of this Agreement by the District and/ar its~ shall be considered
cause for the City to terminate this Agreement. Should the District fiill to promptly
rectify a breach of any provisions identified herein, after notice thereof, the City may
ta.Ice such steps and do such work as it deems necessary to enforce this Agreement,
including litigation and specifically a right to injunction or specific perfonnancc against
the District or any of its users as is necessary to protect the City's system and operations.
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Page 209 of 263
•.
I
..
The prevailing party shall be entitled to expenses and costs of suit, including attorney
fees.
14. Should more than one district be connected to a sc:wcr line. all districts on the sewer line
who arc in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement and each such district shall immediately, after notice. rectify
any problem or condition dctrimCIJtal to the treatment process arising within its legal
boundaries. Wbc:n more than one district is connected to a sewer line, and the City
discovers any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at fault but shall make available to all such affected
districts all information developed or accumulated by the City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District again.st another District connected to a common sewer line. CRS-13-21-111.5,
as amended shall govern the pen:entage of liability of any district on a common sewer
line in the event the City seeks to impose liability based upon negligence or fault.
15. This Contract shall not be used as a legal defense or prolu'bilion to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a govemmental entity
created to assume responsibility for sewer service in the area in which both the City and
State arc a part under statutory or constitutional authority.
4
Page 210 of 263
VALLEYSANITATIONDIBTRICT
STATE OF COLORADO )
\ .fboJ..L, ... ~ ) ss. COUNTYOF~-· )
:;te -, _,.
The forcg~ i.:slrumem wasa~wlcdged before me this \2) day ofY-4§~.
2012. by ~ 0~ .
WitDcss my band and official seal.
My Commission expires: lo-l ~ -l ~
Page 211 of 263
. . . . ·: ~ .. ..
EJHIBIT A
Page 212 of 263
LI TILET ON /ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
TO :
FROM :
DATE
SUBJECT:
MEMORANDUM
Cathy Burrage , Executive Assistant
Jon Bridges , WWTP Industrial Pretreatment Administrator
March 6, 2017
WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector 's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014 . One of
the outcomes of the audit was the fol lowing , along with its associated corrective action :
Audit Finding #7 : "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outs ide
contributingjurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA 's requirement, the Industrial Pretreatment Division proposed to
EPA, and the Cit ies of Littleton and Englewood, to develop an Industrial Pretreatment-specific
addendum to the wastewater connector 's agreements currently in place between individual
sanitation districts and the Cities . In this manner , EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations " would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for all districts.
Page 213 of 263
!Ji Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
South Englewood Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
South Englewood Sanitation District Addendum to Wastewater Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the South Englewood Sanitation
District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the standard Sanitary Sewer Connector's Agreement in January 1988 .
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
Cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the standard Connector's Agreement with the district
owning and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment
Plant is able to receive and treat sewage transmitted by these various districts .
The South Englewood Sanitation District will continue to own the mains and will be responsible
for capital improvements in its system. The attached map shows the South Englewood
Sanitation District. The Englewood Water and Sewer Board approved the Addendum at their
March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the South Englewood Sanitation District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
South Englewood San itation District Englewood Addendum -2017
Page 214 of 263
Connector Addendums Memo to W & S Board 2017
Page 215 of 263
ADDEND UM TO CONN ECTOR'S AGREEMENT
For Sanitat ion Districts with Industrial Users
1 This Addendum is made and entered into this 2-~ day of Vi.rtfi-L i-l:
201j(to be effective as of Art-IL-\ J, ?-ol ~ by and between the CITY of ENGLEWOOD,
COLORADO , hereinafter referred to as ,( ity", a municipal corporation , acting by
and through its duly elected , qualified and authorized Mayor and City Clerk, and
Sou th Englewood Sanitation District
of the State of
(Type o ·nllty )
Colorado , hereinafter called "District'', acting by and through its authorized Representative.
WITNESSETH
WHEREAS , the City and the District previously entered into a Connector's Agreement ,
("Agreement ") dated ~P.,.,,1/L I 1 7-.D o 3 , a copy of which is attached hereto and
incorporated by reference , pursuant to which the City and the District agreed that the City would
provide wastewater treatment services to the District through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant"); and
WHEREAS, the terms and provisions of the Agreement remain in effect unless expressly
modified by this Addendum ; and
WHEREAS, the United States Environmental Protection Agency ("EPA ") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12 , Chapter 2, Section 5, of the City of
Englewood Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in the District ; and
WHEREAS, the Agreement provides that in the operation of the District 's sanitary sewer
system all applicable City municipal code provisions and ru les and regulations of the City shall be
the minimum standards for the District's sanitary sewer system ; and
WHEREAS, the City has determined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS , the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City 's Municipal Code , rules and
regulations within the service area of the District ; and
WHEREAS , the EPA defines "Industrial User" as "a source of nondomestic waste" and
"any nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
Page 2 16 of 26 3
NOW THEREFORE . in consid eration of the mutual promises and covenants hereinafter
cont ained , the parties agree as follows:
I. The recitals above arc incorporated herein by this reference .
2. The City and District mutually agree to comply fully with all applicable federal , state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA , Colorado Regulations 5 CCR I 002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code , as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S .C. § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code .
I. City Responsibilities
I. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District , and the District agrees to cooperate to the extent
necessary for the City to successfully carry out its responsibilities :
A. The City, on behal fof and as an agent for the District , shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District 's rules and regulations regarding Industrial Users and/or
Nondomestic Users . Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
{ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required to obtain a pem1it;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries ;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
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Page 217 of 263
service area.
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in this
Addendum, and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes .
B. In addition, the City may, as appropriate , and as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination . In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-hours after the action is initiated.
C. The City, on behalf of the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.8(t) and summarized as follows:
(i) Control through permit , or similar means , the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomestic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary to assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements , including, but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users ;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403.12(0), to assure compliance
with Industrial Pretreatment Program standards and requirements;
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
and requirements and obtain remedies , including the ability to seek
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403 .14
of the Industrial Pretreatment Program standards and requirements.
3
Page 218 of 263
D. If the District perfonns its own fats, oils and grease ("FOG") program or petroleum ,
oil, grease and sand ("POGS ") program it shall notify the City in the event that the
District discontinues its FOG or POGS program. In which case. the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of and as agent for the District. The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area.
E. In the event that the District does not perfonn FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs , as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs .
II. District Responsibilities
I. The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users and/or
Nondomestic Users within the District's service area :
A. No later than June 30. 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
Industrial Pretreatment Program section of the Wastewater Utility Ordinance found
in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code or found
in Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City.
B. The District will maintain current infonnation on Industrial Users and/or
Nondomestic Users located within the District's service area , and provide Industrial
Users' information to the City upon request. The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
Program for any Industrial User and/or Nondomestic Users located within the
District's service area .
C. The District shall enforce the provisions of its local sewer use regulations . In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and/or Nondomestic Users in the District on a timely basis, the
4
Page 219 of 263
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondomestic Users on behalf of the
District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections.
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. The District IS NOT responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs.
1. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 220 of 263
CITY OF ENGLEWOOD
Mayor
Attest
SOUTH ENGLEWOOD SANITATION DISTRICT NO.
Sanitation District
John Anderson, Jr.,
ChJ± man and President of Board of Directors
State of Colorado )
) SS.
County of Arapahoe )
The forgoing instrument was acknowledged before me this 2nd day of
__ M_a_r_c_h _____ _, 20_1_7 __ , at Centennial , Colorado, by
John Anderson, Jr., Chairman and President of the Board of Directors
of south Englewood Sanitation District No.
Witness my hand and official seal.
My Commission expires: __ oc_t_o_b_e_r_G_,~2_0_1 _9 _______ _
DEBORAH A. EVANS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19914013355
M'f CQMMJSSION EXPIRES OCTOBER 6, 2019
6
~~a ~
Notary Public
Page 221 of 263
CONNECTOR'S AGREEMENT
Sewer Contract No·~~~~
THIS AGREEMENT, made and entered into this 1st day of ·· 4G~~; ~unI~fpa~yc=o~:~t~~~ ::e~;~t~~
reterrad to as "City," a.ctinq by and throuqh its duly elected,
qualified and authorized Mayer and City Clerk, a.nd SOU'lB ENGLEWOOD
ATION ISTRICT NO. 1 a aai-munici al corporation
of the state ct Colora o, here attar ca.lle "District,-a.ctinq
by and throuqh its duly authorized Boa.rd of Directors;.
WITNESS ETH
WH!RZAS, the City owns and operates a sewage system,
inclucllnq a sewaqe treatment plant which is jointl.y owned and
:operated with the city of Littleton, so situated physically as to
be able to receive and t:-eat the sewage gathered by the District; and
WHEREAS, it is t!le desire of the District to utilize the
facilities owned by the City for the treatment of sewage and the
City is willing to serve the District tor treatment of sewage
under certain conditions;
NOW, 'l'REREFORE, IN CONS IODATION of the pr0111i.ses and for
ot!ler qood and valuable consideration haraina!ter set forth, it
is mutually aq:-eed by the parties as follows:
1. The City her~y aq=aes under the conditions hereinafter set
fort!:i to t=eat t!ie sewage oriqina.tinq !::cill. Dist:-ict' s •·
sa.r.itary sawer syst9lll wi~~!n the area se::-1ed by the District
as approved by t!le City, as L~dicated in t.!J.e descriptions
a~~ached hereto ma:ked ~xhibit A.
Dis~ict s~eci!ica:!y ac:;rees to pre•1en~ sawaqe !'rom any area,
o~~e:: t.!la.~ that descri!led he=ein, f!"cm bei~g discharged into
Dis~=i=~'s sani~a:f sewage syste~ ccn.;ec~ed to city's t::-Jnk
!..!.~e :L.-:C. to p!"eve::.~ connec~i~ns t:i t.:le s ... s~e:::i. f=om or in any
a!"ea o~e= t;,.a...~ ~~~se desc=i~ed ~ere:~. ·
** Sae Footnote en last page.
-l -
Page 222 of 263
2. In the operation of District's sanitary sewer system,
District agrees that all applicable Code provisions and rules
and regulations of City, including amencblents thereto durinq
the term of the contract, shall be the minimum standards for
District's system. District further agrees to a.bide by all
applicable state and federal laws, rules, regulations, or
pennits, including those of the Environmental Protection
Aqency (the EPA) as they become effective or implemented or
upon notice from the City. District shall inform all users,
contractors and subcontractors of such standards, rules and
regulations upon inquiry from such persons, and shall not
furnish any information inconsistent therewith. In this
reqard, it shall be the responsibility of the District to
obtain from the appropriate governing body the applicable
requirements. The City shall att8lllpt to maintain and provide
all requirements to the District; however, City does not
guarantee the accuracy or completeness of government
regulations other than the City's own requlations.
3. The City's permittinq requirements shall be followed by the
District and its users. All plans, specifications and
methods of work within the District shall be submitted to the
City in writing and approved by City prior to any -
construction or tap in the District's approved area. No
permit shall be final and no service shall be provided to
property until construction is approved in writing by City.
4. District shall, a~ all times, properly maintain its sewer
system and shall rectify any problElllls or conditions which
have been determined by District or city to be detrimental to
City's treatment process. Should the City determine that any
discharge enters the sewer system contrary to qoverninq laws,
ordinances, statutes, rules, regulations or permits, District
aqrees to proceed at once to take whatever lawful means may
be necessary to rectify any such problem or condition.
5. City shall have the right to allocate service under this
contract, and City may deny additional service for any
utility-related reason, but in no event will City terminate
a.ny service without cause. City shall have the right to
disconnect service to any area annexed by District when such
annexation takes place without prior written City approval.
District shall provide City within one year of this
agreement, an estimate of the number of equivalent service
taps needed for the next five (5) years under current zoning
and planned buildout in District's area. District shall
monitor zoning changes within its area to estimate its tap
requirements and provide City wit.~ notice of tap requirements
for the next five year period of time in a forill satisfactory
to the City. Notice of these requirements shall be given
City on each anniversary date of t~is ag~eement.
6. City may impose and collect reasonable fees, tolls and
charges, which shall be uniform as to all outside-City users
-2 -
Page 223 of 263
for th• services provided by the City under this connector's
Aqreement.
city shall bill District user directly for all applicable
City charqes 'far services rendered under this Agreement.
Should any user not pay City, City shall bill District and
District shall pay to City within 45 days of such billing the
amount due. These charges are subject to adjustment from
time to time by City; when such charges are changed, City
shall give District forty-five (45) days advance written
notice.
7. 'l'he term of this Agreement is for a period of three (3) years
from the date of execution and automatically renewed for six
(5) subsequent threa-(3)-yaar periods unless either party
gives a minimum of six months written notice, during which
time District agrees that all effluent produced from taps
within District shall not be in violation of any federal,
state or City laws, rules or requlations, or any other
applicable governmental regulations or the permits under
which the City operates its sewage treatment system. City
agrees, during the term hereof, to treat said effluent and to
maintain adequate facilities for treating of the same.
8. District agrees that it will maintain, at its own expense,
all of its lines, or those lines now owned and operated by
District, it being specifically agreed that City assumes no
responsibility should any of District's lines become clogged,
damaged, or require maintenance. District shall maintain
24-hour service to rBllledy disruption in service. District
shall, if it deems necessary, notify its users of District's
procedure to remedy service.
9. City is providing only sewage treatment service and, pursuant
thereto, permits incidental use of City's sewage lines only
by this individual contract with District and does not, by
this contract, offer treatment service except in strict
accordance with the terms hereof. This contract does not
offer, and shall not be construed as offering, sewage
treatment service to the public generally or to any area
outside the li!lits of the District's service area herein
described.
10. This contract may not be assigned, sold or transferred by
District without City's written consent.
11. Should any federal law, rule, per.nit or regulation or should
a decree or order of a court render void or unenforceable any
provisions of this contract, in whole or in part, if
possible, the remainder shall be of full force and effect.
12. The Dist=ict shall enforce this aqreement a~d each of its
ter:ns and conditions within the a~ea described in Exhibit
nd." District shall refuse to serve a user or potential
user, disconnect the ser-~ice of any user pursuant to
-J -
Page 224 of 263
appropriate law, or take other appropriate action in the
event or:
a. Nonpayment by such user of any charqe made by City for
services;
b. Any violation or noncompliance by such user with the
terms of this agreement;
c. Violation or noncompliance by such user with the laws,
rules, permits or requlations of the City, the United
States government, including the EPA, the State ot
Colorado, including the Deparbnent of Health, or other
law, rule, permit or requlation applicable.
d. Continued breach of this Aqreement by the District
and/or its users shall be considered cause tor the City
to terminate this Aqreement.
Shoul.d the District tail to promptly rectify a breach of
those provisions identified herein, after notice thereof,
City may take such steps and do such work as it deems
necessary to enforce this aqreement, including litigation and
specifically a right to injunction or specific performance
against the District or any of its users as is necessary to
protect the city 1 s system and operations. The prevailing
party shall be entitled to expenses and costs of suit,
including attorney fees. Should more than one District be
connected to a sewer line, all Districts on the line shall be
jointly and severally liable for any breach of this aqraelllent
and each such District shall immediately, after notice,
rectify any problem or condition detrimental to the treatlllent
process arisinq within its legal boundaries. city shall not
be required to prove which District is at fault but shall
make available to all such affected Districts all information
developed or accumulated by city pertaininq to such breach.
Nothinq contained herein shall preclude a claim tor indemnity
or contribution by any District against another District
connected to a collllllon sewer line. CRS-13-Jl-lll .S shall
govern the percentaqa of liability of any District on a
common sewer line in the event the City seeks to impose
liability based upon neqligence or fault.
13. This contract shall not be used as a legal defense or
prohibition to the mandatory consolidation of facilities by
either party as may be requi~ad by the laws of the State of
Colorado of all existing sewer collection systems and
facilities to a governmental entity created to asswne
responsibility tor sewer service in the area in which both
City and state are a part unde= statutory or constitutional
authority as may be the case.
-4 -
Page 225 of 263
Eugene P. Dunham, President
** Foot.note (see paqe l)
Nothing in this paragraph shall apply to fiows entering the
out~all line utilized. by the District at any point en points
downstream frOlll where the said outfall line leaves the area ot
the Di•t:rict.
-s -
·.
Page 226 of 263
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Page 227 of 263
LITILETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage , Executive Assistant
FROM : Jon Bridges , WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT: WASTEWATER CONNECTOR'S AGREEMENT ADDENDUMS
The Wastewater Connector 's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014. One of
the outcomes of the audit was the following , along with its associated corrective action:
Audit Finding #7: "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributingjurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations . "
In order to comply with EPA 's requirement, the Industrial Pretreatment Division proposed to
EPA and the Cities of Littleton and Englewood , to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitat ion districts and the Cities. In this manner, EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations" would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for al I districts .
Page 228 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3 , 2017
COUNCIL
COMMUNICATION
SUBJECT:
Columbine Water and Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
Columbine Water and Sanitation District Addendum to Wastewater Connector's
Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Columbine Water and
Sanitation District Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the Sanitary Sewer Connector's Agreement in January 1988.
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
Cities of Littleton and Englewood . Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the Connector's Agreement with the district owning
and maintaining their sewer mains. The Littleton/Englewood Wastewater Treatment Plant is
able to receive and treat sewage transmitted by these various districts.
The Columbine Water and Sanitation District will continue to own the mains and will be
responsible for capital improvements in its system . The attached map shows the Columbine
Water and Sanitation District. The Englewood Water and Sewer Board approved the Addendum
at their March 14 , 2017 meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Columbine Water and Sanitation District.
FINANCIAL IMPLICATIONS:
None .
ATTACHMENTS:
Page 229 of 263
Columbine Water and Sewer Addendum -2017
Connector Addendums Memo to W & S Board 2017
Page 230 of 263
ADDENDUM TO CONNECTOR'S AGREEMENT
For Sanitation Districts with Industrial Users
~
This Addendum is made and entered into this b__ day of J> c-C ~ ~ 1:::-vL_
2016, to be effective as of January I, 2017, by and between the CITY of ENGLEWOOD,
COLORADO, hereinafter referred to as "City", a municipal corporation, acting by
and through its duly elected, qualified and authorized Mayor and City Clerk, and
Columbine Water & Sanill!tion District
(Name of SonilJlion Di!tricl)
a quasi-municipal corporation and a political subdivision of the State of
(fypc or F.nlily)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WITNESSETH
WHEREAS, the City and the District previously entered into a Connector's Agreement,
("Agreement") dated September 16, 2013, a copy of which is attached hereto and incorporated by
reference, pursuant to which the City and the District agreed that the City would provide
wastewater treatment services to the District through the Littleton/Englewood Bi-City Wastewater
Treatment Plant ("Wastewater Plant"); and
WHEREAS, the Agreement dated September 16, 2013 contained a typographical error and
referenced the Columbine Valley Water and Sanitation District, the District is known as
Columbine Water & Sanitation District; and
WHEREAS, the tenns and provisions of the Agreement remain in effect unless expressly
modified by this Addendum; and
WHEREAS, the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and the District which
provides the City with the authority to implement the "Industrial Pretreatment Program", contained
in 40 CFR Part 403 promulgated by the EPA and Title 12, Chapter 2, Section 5, of the City of
Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal
Code, for any industrial users currently located or hereafter locating in the District; and
WHEREAS, the Agreement provides that in the operation of the District's sanitary sewer system
all applicable City municipal code provisions and rules and regulations of the City shall be the
minimum standards for the District's sanitary sewer system; and
WHEREAS, the City has detcnnined that the provisions of the Agreement provide the City
with sufficient authority to satisfy the inter-jurisdictional agreement requirements imposed by the
EPA; and
WHEREAS, the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City's Municipal Code, rules and
regulations within the service area of the District; and
Page 231 of 263
WHEREAS, the EPA defines "Industrial User'' as "a source of nondomestic waste" and
"any nondomcstic source discharging pollutants to a Publicly Owned Treatment Works". EPA
defines Nondomestic User as "any person or entity that discharges wastewater from any facility
other than a residential unit".
NOW THEREFORE, in consideration of the mutual promises and coverumls hereinafter
contained, the parties agree as follows:
1. The recitals above are incorporated herein by this reference.
2. The City and District mutually agree to comply fully with all applicable federal, state and
local laws, rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA, Colorado Regulations 5 CCR 1002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
3. The parties, from time lo lime, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq., of the Federal Clean Water Act, the
federal rules and regulations found at 40 CFR Part 403 issued thereunder, and the City
Municipal Code.
I. City Responsibilities
1. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future Industrial Users and/or Nondomestic
Users located within the District, and the District agrees to cooperate to the extent
necessary for the City to successfully carry out ils responsibilities:
A. The City, on behalf of and as an agent for the District, shall perfonn technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding Industrial Users and/or
Nondomestic Users . Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all Industrial Users and/or Nondomestic Users within the
District required lo obtain a permit;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response pll!Il and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User and/or Nondomestic Users located within the
District boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
2
Page 232 of 263
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Industrial Pretreatment Program for
any Industrial User and/or Nondomestic Users located within the District's
service nrca .
(viii) The City will make a reasonable effort to notify the District in advance of
any public hearing to change municipal code provisions referenced in this
Addendum , and make a reasonable effort to provide an opportunity for the
District to comment on proposed changes.
B. In addition, the City may, as appropriate, end as an agent of the District, take
emergency action to stop or prevent the discharge from Industrial Users or
Nondomestic Users of eny wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with, or pass
through the Wastewater Plant, or cause sludge contamination. In the event the City
deems such emergency action appropriate it shall provide the District with notice
thereof in advance, if possible, but no later than 24-hours after the action is initiated .
C. The City, on behalf of the District, agrees to perform the following actions as set
forth in 40 CFR Part 403.S(f) and summarized as follows:
(i) Control through permit, or similnr means, the contribution to the City by
Industrial Users and/or Nondomestic Users;
(ii) Require compliance with applicable Industrial Pretreatment Program
standards and requirements by Industrial Users and/or Nondomeslic Users;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by Industrial Users and/or Nondomestic Users;
(iv) Require the development of compliance schedules by each Industrial
Users and/or Nondomestic Users for the installation of technology
required to meet applicable Industrial Pretreatment Program standards and
requirements;
(v) Require the submission of all notices and self-monitoring reports from
Industrial Users and/or Nondomestic Users as are necessary lo assess and
assure compliance by Industrial Users and/or Nondomestic Users with
Industrial Pretreatment Program standards and requirements, including, but
not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by Industrial Users
and/or Nondomestic Users, compliance or noncompliance with applicable
Industrial Pretreatment Program standards and requirements by Industrial
Users;
(vii) Enter premises of any Industrial User and/or Nondomestic User in which a
discharge source or treatment system is located, or in which records are
required to be kept pursuant to 40 CFR 403 .12( o ), to assure compliance
with Industrial Pretreatment Program standnrds and requirements;
(viii) Evaluate compliance with the Industrial Pretreatment Program standards
end requirements and obtain remedies, including the ability to seek
3
Page 233 of 263
injunctive relief and assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403.14
of the Industrial Pretreatment Program standards and requirements .
D. If the District performs its own fats, oils and grease ("FOG ") program or petroleum,
oil, grease and sand ("POGS") program it shall notify the City in the event that the
District discontinues its FOG or POGS program . In which case, the City shall then
administer the FOG and POGS program in addition to administrating the remaining
sector control programs on behalf of und as agent for the District. The City shall
have the right to charge a reasonable inspection fee to the District for any inspection
related to Industrial Users and/or Nondomestic Users within the District's service
area .
E. 1n the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perfonn and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs. The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to Industrial Users or Nondomestic Users within the District.
F. The City shall be responsible for administrating the remaining sector control
programs in the District notwithstanding that the District performs its own FOG
and POGS programs .
IL District Responsibilities
I . The District is responsible for, and shall accept, the following duties and perform the
following actions for end in relation to all current and future Industrial Users and/or
Nondomestic Users within the District's service area:
A. No later than June 30, 2017, the District shall adopt enforceable local sewer use
rules and/or regulations which are no less stringent and are as broad in scope as the
[ndustrial Pretreatment Program section of the Waslewatcr Utility Ordinance found
in Title 12, Chapter 2, Section S, of the City ofEnglewood Municipal Code or found
in Title 7, Chapter S, Section 25 of the City of Littleton Municipal Code. The City
will provide to the District model regulations and any necessary revisions to the
rule and/or regulations from time to time, and the District will adopt the revisions
to its local sewer use rules and/or regulations that are at least as stringent as those
adopted by the City.
8. The District will maintain current information on Industrial Users and/or
Nondomestic Users located within the District's service area, and provide Industrial
Users' information lo the City upon request The District agrees to provide to the
City access to all records or documents relevant to the Industrial Pretreatment
Program for any Industrial User and/or Nondomestic Users located within the
District's service area.
4
Page 234 of 263
C. The District shall enforce the provisions of its local sewer use regulations . In the
event the District fails to take adequate enforcement action against noncompliant
Industrial Users and /or Nondomestie Users in the District on a timely basis, the
District agrees that the City may take such action on behalf of and as an agent for
the District, provided that the City provides notice of such action to the District.
D. The District shall provide the re sources and commit to implementation and
enforcement of the Industrial Pretreatment Program standards and requirements for
the Industrial Users and/or Nondomestic Users in the District with the City's
oversight of the program. In the event the District fails to provide resources,
adequately implement or enforce the Industrial Pretreatment Program, the District
agrees that the City may take such action on behalf of and as an agent for the
District, provided that the City provides notice of such action to the District.
E. The District agrees that in the event that the City is required to take responsibility
for inspections of Industrial Users and/or Nondornestic Users on behalf of the
District, due to inaction, refusal to inspect, or lack of personnel to inspect, by the
District, the City may charge the District for the costs of any such inspections .
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an Industrial User and/or Nondomestic User,
court of law, or otherwise, the District will take action to ensure the implementation
and enforcement of its local sewer use regulations against any Industrial Users and
Nondomestic Users, within the District's service area, including but not limited to,
implementing and enforcing its local sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority .
G. The District IS responsible for administering the FOG and POGS programs,
including conducting all inspections required by these programs .
2. If any term of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 235 of 263
CITY OF ENGLEWOOD
Mayo r
Attest
.•
ifft_j~
Sanitation District Le6 ~CHILU?.l. Cl-\f\1~...J
/ I
/ -------District Official
)
State of Colorado )
/l _ L ) SS.
County of ttro.pw<£.. )
he forgoing instrument was acknowledged before me this Olrd day of
.......:~=:1...1.-=;.::.__, 20 __lb_, at 2klD it>&// eU1'.UU Colorado, by
~ Sdt{' ! I .er
Witness my hand and official seal.
My Commission expires: ---~-i/_/ '"""CJ_
1
+-/_1_1.__ __ _ .~2 DONETTE B. HUNTER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20134038731
MY COMMISSION EXPIRES JUIE 19, 1017
6
Page 236 of 263
. . ' ......
WASTEWATER
CONNECTOR'S AGREEMENT
For Districts
4/19/2012
Revision
Sewer Contract No.----
~R:£F.MJ!Nf, ~ ond ""'""'mt. iliU /~./ii: day of rJ.IN .2 tobeeffcctiveasof S£frEmt3c7i tw20.Q;byand
cen the CITY OF ENGLEWOOD, COLORADO, a mWlicipal corporation, hereinafter
referred to as "City," acting by and through its duly elected, qualified and authorized Mayor and
City Clerk, and the COLUMBINE VALLEY WATER AND SANITATION DISTRICT, a quasi-
municipal corporation and subdivision of the State of Colorado, hereinafter called "District,"
acting by and through its authorized Representative.
WITNESSETII
WHEREAS, the City owm and operates a sewage system, including a sewage treatment plant
which is jointly owned and operated with the City of Littleton, so situated physically as to be
able to receive and treat the sewage from a designated area served by the District and gathered by
the District's sanitary-sewage system; and
WHEREAS, it is the desire of the District to utilize the facilities owned by the City for the
treatment of sewage and the City is willing to serve the District for treatment of sewage under
certain conditions;
NOW, TIIEREFORE, IN CONSIDERATION of the promises and for other good and
valuable consideration hereinafter set forth, it is mutually agreed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set forth, to treat the sewage
originating from the District's sanitary sewer system within the area served by the
District as approved by the City and as indicated in the description attached hereto,
incorporated herein and marked as "Exhibit A."
The District specifically agrees to prevent sewage from any area other than that
described herein, from being discharged into the District's sanitary sewage system
connected to the City's trunk line and to prevent connections to the system from or in
any area other than those described herein.
2. In the operation of the District's sanibuy sewer system, the District agrees that all
applicable Code provisions and rules and regulations of the City, including amendments
thereto during the term oftbe contract, shall be the millimum standards for the District's
system. The District further agrees to abide by all applicable state and federal laws,
rules, regulations, or permits, including those of the Environmental Protection Agency
(the EPA) as they become effective or implemented or upon notice from the City. The
District shall inform all usm, contractors and subcontractors of such standards, rules and
regulations upon Inquiry from such persons, and shall not furnish any information
inconsistent therewith. In this regard, it shall be the responsibility of the District to
obtain the applicable requirements from the appropriate governing body. The City shall
1
Page 237 of 263
'~ .. '
attempt to maintain and provide information on all rcquircments to the District; however,
the City docs not giwantee the accuracy or completeness of government regulations
other than the City's own regulations.
3. Regarding the provision of sewer service, the City's permitting re.quirements sball be
followed by the District and its USCill . All sewer plans, specifications and methods of
work within the District shall be submitted to the City in writina and approved by the
City prior to any construction or tap in the District's designated area. No permit shall be
final and no service shall be provided to property until construction is approved, in
writing by the City.
4. The District shall be responsible for the proper maintenance of its sewer system and shall
rectify any problems or conditions which have been detc:nnincd by the District or the
City to be detrimental to the City's treatment process or system. Should the City
determine that any discharge enters the sewer system contrary to applicable laws,
ordinances, statutes, rules, regulations or permits, the District agrees to proceed at once
to take whatever lawful means may be necessary to rectify any such problem or
condition.
5. The City shall have the rigb1 to allocate service Ulldcr this Contract, and the City may
deny additional service for any utility-related reason. but in no event will the City
terminate or refuse any service without cause. The City shall have the right to disconnect
service to any area annexed to the District when such B.JU1cxation takes place without
prior written City approval.
Within one year of this agreement, the District sball provide the City with an estimate of
the number of equivalent service taps needed for the next five (S) years under cwrent
zoning and planned build out in the District's area as shown on Ex.hill it A. The District
sball continue to monitor zoning changes within its area to estimate its tap requirements
and provide the City with notice of tap requirement for the next five (S) year period
which time shall be given to the City on each anniversmy date of this Agrccmcnt in a
fonn satisfactory to the City.
6. The City may impose and collect reasonable fees, tolls and charges, which sball be
uniform as to all outside.City users for the services provided by the City under this
Connector's Agreement.
The City shall bill the District users directly for all applicable City charges for services
rendered under this Agreement. Should any user not pay the City, the City shall bill the
District and the District shall pay the amount due to City within forty-five (45) days of
such billing. These charges m subject to adjustment by the City from time to time.
When such adjustment to these charges arc made. the City shall give the Di.strict forty.
five (45) days advance written notice.
The City may bill and collect "District Charges" imposed by the Districts as an
additional item to be billed and collected by the City along with the City's Treatment
charge and other fees. The "District Charges" received by the City shall be remitted by
the City to the District annually; less an amount equal to the City and District charges
which remain delinquent. The District shall notify the City of any changes in the District
charges to be imposed and the remittance schedule before May 111 of each year.
2
Page 238 of 263
:'
7. Subject lo the terms of the Taxpayer's Bill of Rights (fABOR), the tenn of this
Agreement is for a period of three (3) years from the date of execution and automatically
renewed for six (6) subsequent three (3) year periods unless either party gives a
minimum of six (6) months written notice, during which time the District agrees that all
effluent produced from taps within the District shall not be in violation of any federal,
state or City laws, nilcs or regulations, or any other applicable governmental regulations
or the pe!1nits under which the City operates its sewage treatment system. The City
agrees, during the term hereo~ 10 treat said effiucnt and to maintain adequate facilities
for treating the same.
8. The District agrees that it will maintain, al its own expense, all lines now owned and
opcmed by the District, it being specifically agreed that the City assumes no
responsibility should any of the District's lines become clogged. damaged, or require
maintenance. The District shall, if it deems necessary, notify its users of the District's
procedure to remedy service disruption.
9. The City is providing only sewage treatment service and, pursuant thereto; any permits
incidental to the use of the City's sewage lines shall be governed only by this individual
Contract with the District and the City docs not, by this Contract, offer treatment service
except in strict accordance with the terms hereof. This Contract does not offer, and shall
not be construed as offering, sewage treatment service to the public generally or to any
area outside the limits of the District's service area descn'bed in Exhibit A.
10. This Contract may not be assigned, sold or transferred by the District without the City's
written consent.
11. Should any federal law, rule, permit or regulation or should a decree or order of a court
render void or unenforceable any provision of this Contract, in whole or in part, the
remainder shall remain in full force and effect.
12. The District shall enforce this Agreement and each of its lerlDS and conditions within the
area described in "Exhibit A." The District shall refuse to serve a user or potential user;
disconnect the service of any user pursuant lo appropriate law; or take other appropriate
action in the event of:
a. Nonpayment of such user of any charge made by the City for services;
b. Any violation or noncompliance by such user with the tcnns of this Agrcemcot;
c. Any violation or noncompliance by such user with the applicable laws, rules,
permits or regulations of the City, the United States government, including the
EPA. the State of Colorado, the Department ofHcelth, or other law, rule, permit or
applicable regulation.
13. Continued breach of this Agreement by the District and/or its users !hall be considered
cause for the City to lcrminatc this Agreement. Should the District fail to promptly
rectify a breach of any provisions identified herein, after notice thereof. the City may
take such steps and do such work as it deems necessary to enforce this Agreement,
including litigation and specifically a right to injunction or specific performance again.st
the District or any of its USCB as is necessary lo protect the City's system and operations.
3
Page 239 of 263
L
The prevaili.Dg party shall be entitled to c:xpcnses and costs of suit, including attorney
fees .
14 . Should more than one district be connected to a sewer line, all districts on the sewer line
who arc in breach of this Agreement shall be jointly and severally liable for any such
breach of this Agreement and each such district shall immediately, after notice, rectify
any problem or condition detrimental to the treatment process arising within its legal
boundaries. When more than one district is connected to a sewer liuc, and the City
discovers any violation of the terms of this connector's agreement; the City shall not be
required to prove which district is at &ult but shall make available to all such affected
districts all information developed or accumulated by the City pertaining to such breach.
Nothing contained herein shall preclude a claim for indemnity or contribution by any
District against another District connected to a common sewer line. CRS-13-21-111.5,
as amended shall govern the pcrc:cntagc of liability of any district on a common sewer
line in the event the City seeks to impose liability based upon negligcnce or fault.
15. This Contract shall not be used as a lepl defense or prohibition to the mandatory
consolidation of facilities by either party as may be required by the laws of the State of
Colorado of all existing sewer collection systems and facilities to a governmental entity
created to assume responsibility for sewer service in the area in which both the City and
State arc a part under statutory or constitutional authority.
CTIY OF ENGLEWOOD, COLORADO
4
Page 240 of 263
.. ..
COLUMBINE VALLEY WATER AND SANITATION DCSTRICT
STATE OF COLORADO
COUN'IY O*Jd.tl,..:
)
) SS.
)
Tho foregoing instnlment was acknowledged before me this !!.:_day off ad' <
2013.. by •
Witness my hand and official seal .
My Commission expires: ~IS-
5
Page 241 of 263
.. · .
•• 4 '
EXHIBIT A
COLUMBINE WATER & SANITATION DISTRICT
Page 242 of 263
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO : Cathy Burrage , Executive Assistant
FROM : Jon Bridges, WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT : WASTEWATER CONNECTOR 'S AGREEMENT ADDENDUMS
The Wastewater Connector's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014. One of
the outcomes of the audit was the following , along with its associated corrective action:
Audit Finding #7: "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributing jurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Engle wood."
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations . "
In order to comply w ith EPA 's requirement, the Industria l Pretreatment Division proposed to
EPA, and the Cities of Littleton and Englewood , to develop an Industrial Pretreatment-specific
addendum to the wastewater connector 's agreements current ly in place between individual
sanitation districts and the Cities . In this manner , EPA 's requirement to "establish delegation for
implementation of the Pretreatment Regulations " would be acco mplished without re -opening the
existing agreements and the addendum could then be a standard agreement for all districts.
Page 243 of 263
~Englewood
TO:
FROM:
Mayor and Council
Tom Brennan
DEPARTMENT: Utilities
DATE: April 3, 2017
COUNCIL
COMMUNICATION
SUBJECT:
Southgate Sanitation District Addendum to
Wastewater Connector's Agreement
DESCRIPTION:
Southgate Sanitation District Addendum to Wastewater Connector's Agreement
RECOMMENDATION:
Staff recommends Council adopt a Bill for Ordinance approving the Southgate Sanitation District
Addendum to Wastewater Connector's Agreement.
PREVIOUS COUNCIL ACTION:
City Council approved the Sanitary Sewer Connector's Agreement in January 1988 .
SUMMARY:
An EPA audit deemed that an Addendum to the Wastewater Connector's Agreement was
necessary to provide adequate delegation of the Pretreatment Program implementation to the
cities of Littleton and Englewood. Sanitary sewer service is provided to districts outside of the
Englewood corporate boundaries through the Connector's Agreement with the district owning
and maintaining their sewer mains . The Littleton/Englewood Wastewater Treatment Plant is
able to receive and treat sewage transmitted by these various districts .
The Southgate Sanitation District will continue to own the mains and will be responsible for
capital improvements in its system . The attached map shows the Southgate Sanitation District.
The Englewood Water and Sewer Board approved the Addendum at their March 14 , 2017
meeting .
ANALYSIS:
The City Attorney's office has reviewed and approved the Addendum to Wastewater
Connector's Agreement for the Southgate Sanitation District.
FINANCIAL IMPLICATIONS:
None.
ATTACHMENTS:
Southgate Sanitation District Englewood Addendum -2017
Page 244 of 263
Connector Addendums Memo to W & S Board 2017
Page 245 of 263
ADDENDUM TO WASTEWATER CONNECTOR 'S AGREEMENT
For Sanitation Districts with Industrial Users
This Addendum is made and entered into this 12 day of~A .......... P~r_;~( ____ _
2016 , to be effective as of AP R-1 L I J : L..o 11 , 2016 , by and between the CITY
of ENGLEWOOD , COLORADO, hereinafter referred to as "City", a municipal corporation ,
acting by and through its duly elected , qualified and authorized Mayor and City Clerk , and
Southgate Weter 11rtd Sanitation District.(
(Nllll1 e of Sanillll ion Distri ct)
t&. C <> .r p"' ..-.:ri <f'Y\. of the State of
r (Type of Ent ity)
Colorado, hereinafter called "District", acting by and through its authorized Representative.
WITNESS ETH
WHEREAS , the City and the District previously entered into a Wastewater Connector's
Agreemen t, ("Agreement") dated , a copy of which is attached
hereto and incorporated by reference , to which the City and the District agreed that the City would
provide wastewater treatment services to the District through the Littleton/Englewood Bi-City
Wastewater Treatment Plant ("Wastewater Plant "), and
WHEREAS, the tenns and provisions of the original Agreement remain in effect unless
expressly modified by this Addendum; and
WHEREAS , the United States Environmental Protection Agency ("EPA") has instructed
the City to establish an inter-jurisdictional agreement between the City and District which provides
the City with the authority to implement the Industrial Pretreatment Program, contained in 40 CFR
Part 403 promulgated by the EPA and Title 12 , Chapter 2, Section 5, of the City of Englewood
Municipal Code , and Title 7, Chapter 5, Section 25 of the City of Littleton Municipal Code, for
any industrial users currently located or hereafter loca ting in the District; and
WHEREAS , the Agreement provides that the City's municipal code , ordinances, rules and
regulations shall be applicable to the District ; and
WHEREAS , the District and the City have detennined that the provisions of the Agreement
provides the City with sufficient authority to satisfy the inter-jurisdictional agreement
requirements imposed by the EPA ; and
WHEREAS , the parties desire to further clarify the obligations and responsibilities of the
District and the City with respect to the enforcement of the City 's standards , rules and regulations
within the service area of the District ; and
WHEREAS, the EPA defines Industrial User as "a source of nondomestic waste" and "any
nondomestic source discharging pollutants to a Publicly Owned Treatment Works". EPA defines
"nondomestic user " as "Any person or entity that discharges wastewater from any facility other
than a res idential unit".
Page 246 of 263
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
contained, the parties agree as follows :
I . The City and District mutually agree to comply fully with all applicable federal, state and
local laws , rules and regulations, including but not limited to 40 CFR Part 403 promulgated
by the EPA , Colorado Regulations 5 CCR I 002-63 promulgated by the Colorado Water
Quality Commission pursuant to Colorado Revised Statute 22-8-508, and Title 12, Chapter
2, Section 5 of the Englewood Municipal Code, and Title 7, Chapter 5, Section 25 of the
City of Littleton Municipal Code, as each is amended from time to time, and all wastewater
contribution requirements adopted by the City in accordance with the Agreement.
2. The parties, from time to time, shall review and revise this Addendum, if necessary, to
ensure compliance with 42 U.S.C. § 1251 et. seq ., of the Federal Clean Water Act and
under the federal rules and regulations found at 40 CFR Part 403 issued thereunder and the
City Municipal Code, as necessary, but at least every five (5) years on a date to be
determined by the parties.
I. City Responsibilities
I. The City shall be responsible for and shall accept the following duties and perform the
following actions in relation to all current and future industrial users and/or nondomestic
users located within the District and the District agrees to cooperate to the extent necessary
for the City to successfully carry out its responsibilities:
A. The City, on behalf of and as an agent for the District, shall perform technical and
administrative duties necessary to assist the District with the implementation and
enforcement of the District's rules and regulations regarding the use of the
District's sewer system . Without limiting the generality of the foregoing, the City
agrees that it shall:
(i) Update the City's industrial waste survey;
(ii) Issue permits to all industrial users within the District required to obtain
a permit ;
(iii) Have the right to conduct inspections, sampling, and analysis;
(iv) Take all appropriate enforcement actions as outlined in the City's
enforcement response plan and consistent with this Addendum;
(v) Provide notice to the District of enforcement actions taken by the City
against any Industrial User located within the District boundaries;
(vi) Perform any other technical or administrative duties the parties deem
appropriate;
(vii) Upon reasonable notice to the City, provide the District access to all
records or documents relevant to the Pretreatment Program for any
Industrial User located within the District boundaries or jurisdiction.
2
Page 24 7 of 263
B. In addition, the City may, as appropriate, and as an agent of the District, take
emergency action to stop or prevent the discharge from industrial users or
nondomestic users of any wastewater which presents or may present an imminent
danger to the health, safety and welfare of humans or which reasonably appears to
threaten the environment, or which threatens to cause interference with , or pass
through the Wastewater Plant, or cause sludge contamination.
C. The City on behalfof the District agrees to perform the following actions as set
in 40 CFR Part 403 .8(f) and summarized as follows:
(i) Control through permit, or similar means, the contribution to the City by
industrial users;
(ii) Require compliance with applicable Pretreatment Standards and
Requirements by industrial users ;
(iii) Deny or condition new or increased contributions of pollutants or changes
in the nature of pollutants by industrial users;
(iv) Require the development of compliance schedules by each industrial user
for the installation of technology required 'to meet applicable Pretreatment
Standards and Requirements;
(v) Require the submission of all notices and self-monitoring reports from
industrial users as are necessary to assess and assure compliance by
industrial users with Pretreatment Standards and Requirements, including ,
but not limited to, the reports required in 40 CFR 402.12;
(vi) Carry out all inspection, surveillance and monitoring procedures necessary
to determine, independent of information supplied by industrial users,
compliance or noncompliance with applicable Pretreatment Standards and
Requirements by industrial users;
(vii) Have authorization to enter premises of any industrial user in which a
discharge source or treatment system is located on which records are
required to be kept pursuant to 40 CFR 403.12(0) to assure compliance
with Pretreatment Standards;
(viii) Evaluate compliance with the Pretreatment Standards and Requirements
and obtain remedies , including the ability to seek injunctive relief and
assess civil or criminal penalties for each violation;
(ix) Conform to confidentiality requirements set forth in 40 CFR Part 403 .14
of the Pretreatment Regulations.
D. If the District performs its own fats , oils and grease ("FOG ") program or petroleum,
oil, grease and sand ("POGS ") program it shall notify the City in the event that the
District discontinues its FOG or POGS, program. The City shall then administer
the FOG and POGS program in addition to administrating the remaining Sector
Control Programs on behalf of and as agent for the District. The City shall have the
right to charge a reasonable inspection fee to District for any inspection related to
industrial users within the District.
3
Page 248 of 263
E. In the event that the District does not perform FOG or POGS programs the parties
agree that the City shall perform and be responsible for the administration of these
programs, as well as the remaining Sector Control Programs . The City shall have
the right to charge a reasonable inspection fee to District for any inspection related
to industrial users or nondomestic users within the District.
F. The City shall be responsible for administrating the remaining Sector Control
Programs, in those Districts that perform their own FOG and POGS programs.
II. District Responsibilities
I. The District is responsible for, and shall accept, the following duties and perform the
following actions for and in relation to all current and future Industrial Users within the
District:
A. No later than December 31. 2016, the District shall adopt enforceable local sewer
use rules and/or regulations which are no less stringent and are as broad in scope as
the Industrial Pretreatment Program Section of the Wastewater Utility Ordinance
found in Title 12, Chapter 2, Section 5, of the City of Englewood Municipal Code
or found in Title 7, Chapter S, Section 25 of the City of Littleton Municipal Code.
The City will provide to the District necessary revisions to the regulations from
time to time, and the District will adopt the revisions to its sewer use rules and/or
regulations that are at least as stringent as those adopted by the City.
B. The District will maintain current information on industrial users located within its
jurisdiction and provide industrial users' information to the City upon request. The
District agrees to provide to the City access to all records or documents relevant to
the pretreatment program for any industrial user located within the Districts service
area.
C. The District shall enforce the provisions of its sewer use regulations. In the event
the District fails to take adequate enforcement action against noncompliant
industrial users in the District on a timely basis, the District agrees that the City
may take such action on behalf of and as an agent for the District and provide notice
of such action to the District.
D. The District shall provide the resources and commit to implementation and
enforcement of the Pretreatment regulations for the industrial users in their District
with the City's oversight of the program . The District agrees that the City may seek
remedy against the District for violating the terms of this Addendum .
E. The District agrees that in the event that the City is required to take responsibility
for inspections of industrial users on behalf of the District, due to inaction, refusal
to inspect, or lack of personnel to inspect, by the District, the City may charge the
District for the costs of any inspections.
Page 249 of 263
F. The District agrees that if the authority of the City to act as agent for the District
under this Addendum is questioned by an industrial user, court oflaw, or otherwise,
the District will take whatever action is necessary to ensure the implementation and
enforcement of its sewer use regulations against any industrial users and
nondomestic users, within the Districts service area, including but not limited to,
implementing and enforcing its sewer regulations on its own behalf and/or
amending this Addendum to clarify the City's authority.
G. District responsibilities regarding the FOG and POGS Program . The District IS
responsible for administering the FOG and POGS programs and conducting all
inspections required by these programs.
2. If any tenn of this Addendum is held to be invalid in any judicial action, the remaining
terms will be unaffected.
REMAINDER OF PAGE INTENTIONALLY BLANK
5
Page 250 of 263
CITY OF ENGLEWOOD
Mayor
Attest
So!..rfr\tqA-it:... SA'-l\TA..-n O!J 1> 1sr£.1.c"1
Sanitation District
District Official
State of Colorado )
) SS.
)
2'' ~\'\ The forgoing instrument was acknowledged before me this """'~""'"v""----day of
, Colorado, by
Witness my hand and official seal .
6
Page 251 of 263
ORDINANCE NO .!}_
SERIES OF 2009
BY AUI'HORITY
COUNCIL BILL NO. I 0
INTRODUCED BY COUNCil..
MEMBER McCASLIN
AN ORDINANCE AUTHORIZING THE ''FlRST AMENDMENT TO CONNECTOR'S
AGREEMENT SEWER CONTRACT NO. 8" BETWEEN SOUTIJGATE SANITATION
DISTRICT AND TIIE CITY OF ENGLEWOOD.
WHEREAS, Southgate Sanitation District and the City of Englewood entered into a
Connector's Agreement in 1961; aod
WHEREAS, in 1988 Southgate Sanitation District and the City of Englewood entered into an
updated Connector's Agreement; and
WHEREAS, the 1988 Agreement with Southgate Sanitation District will c:xpire on November
16,2009;and
WHEREAS, Southgate Sanitation and the City of Englewood are mutually agreeable to
extending the Connector's Agreement using an addendum to keep the existing Agreement as
written; and
WHEREAS, the proposed "First Amendment to Conoector's Agreement Sewer Contract No. 8"
will extend the Agreement by the same tc:nns as originally proposed, with the exception of changes
to Section 7, language; relating to the term; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the "First
Amendment To Connector's Agreement Sewer Contract No. 8" to the Southgate Sanitation District
Connector's Agreement at their February 3, 2009, meeting;
NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section t. The City Council of Englewood, Colorado, hereby authorizes "First Amendment
To Connector's Agreement Sewer Contract No. 8" to the Southgate Sanitation District
Connector's Agreement, attached hereto as "Exhibit A".
Section 2. The Mayor is hereby authorized to execute and the City Clerk to attest and seal
for ll!ld on bcbalf of the City of Englewood, Colorado the "First Amendment To Connector's
Agreement Sewer Contract No. 8" to the Southgate Sanitation District Connector's Agreement.
Introduced, read in full, and passed on first reading on the 6th day of April, 2009.
Published as a BiU for an Ordinance in the City's official newspaper on the I 0111 day of April,
2009.
9 b ii
Page 252 of 263
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
April, 2009 for thirty (30) days.
Read by title and passed on fioal reading on the 20th day of April, 2009.
Published by title in lhc: City's official newspaper as Ordinance No. J_, Series of2009, on
the 24u' day of April, 2009.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ~e copy of the Ordinance passed on final ding and published by
title as Ordinance No. !2_, Series of2009.
Page 253 of 263
J
/'
FIRST AMENDMENT TO CONNECTOR'S AGREEMENT
SEWER CONTRACT ND. B ·
1. PARTIES . The parties tc this Flrst Amendment to Ccnnactor's Agreement-Sewer Con.a No .
B (herein,· •Amendmept"} are: the CITY -OF ENGLEWOOD, COLORADO, 8 nY1lclpal
. corporation, (•City"); and SOUTHGATE SANITATION DISTRICT, a Title 32 speclal dlstrid
2. RECITALS AND PURPOSES . The parties previously enie~ Into~ Connector's Agternent
dated June 2Qlh 1961, whlch was subsequently superseaed by I Connector's Agr1!lment-
Sewer Contract No. 8 dated November -16, 1988, (•Agreement" •. The Agreeme~ by Its
terms, Is due 1D expire In 2009. The parties desire tO extend the t rm of the Agreemnt 11nd
the purpose of this Ainendment Is to extend the Aereement by a ll~e-perfod of yean es set
forth In the Agreement Accordingly, the parties covenant, acknowledge, and agree to the
toRowlngterms and condltJons as an amendment to the Agreement ·
a. MODIFICATION AND AMENDMENT. The Aii'eement Is hereby modified and amendel by the
deletion af oert!lo language In existing paragraph 7, as shown l?Ystfll1eawq permlnlrCto the
term of~e Agreeme11t, and repl?Joed by1he foftowfng Dew languagej
7. The term of this Agreement Is for a period af three (3) year.; from 1hellak Sf
eMtrB~R Npvrnnhnr 2§ 2009, ~Od automatk:sfty renewed fer six (6) su~quent
three-{3}.ye8r periods unless either party ~ves a minimum of six monthswrttten
notice, during which time 1he District 8ifeas that all e'lfluent produced trrm taps
within District shall not be In vlplation of any 'fe?era!, state or Clt;y laws, ·uJes or
...... -· . _ ~~ons, .~f .a!l.Y ~ epl?ll~_lQV~m,m~~I. regu.f2!!!ol)! .or :~ .P.!!.'!!1'~. ~~·-••
which 1he City operates Its sewage traatment s;'Stem. City agrees, during ite term
hei:eof, to treat said effluent end to rmilntaln adequate faollltl~ for treatlnl of 1he
same .
4. ANN~ APPROPRIATION REQUIRED. Nr/ provision af this Agreement. or Its. attac?~nts.
Which directly or lnr:flrectly Impose upon either party, enY fln!lnclal obligation whatsoever to
be performed or which may be performed In eny fiscal year su!Jsequent tD the yea of"the
execution af this Agreement Is expressly made contingent upon, and subject to, Mds for
such financial obllgatloo being appropriated , budgeted and otherwise made available by the
partleS' respeatlve eoveming boards.
5. RATIACATION. The parties hereby rMll'y all other provisions of the Agreement Which
provisions shall remain In fUlf forpe and e1fect.. · .
Oated:~ _ ___.2009 Cl1Y OF ENGLEWOOD
ATIEST: ~---~~~~~~~~~-
Ma yo r -Jami::s K . Woodvard
A. El..i.is
1
Page 254 of 263
FIRST AMENDMENT TO CONNECTOR'S AGREEMENT
SEWER CONTRACT NO. 8 ·
1. PARTIES. The parties to this Flrst Amendment to Connector's .Agreement-sewer Contract No.
8 (herein,· •Amendmentj are: the CITY OF ENGLEWOOD, COLORADO, a municipa l
corporation, ("ctty"); and SOUTHGATE SANITATION DISTRICT, B Title 32 speclsl district.
2. RECITAlS AND PURPOSES. The parties pravlously entered Into e Connector's Agreement
dated June 2Qlh 1961, which was subsequently superseded by a Connector's Aoeement-
Sewer Contract No. 8 dated November 16, 1988, ("Agreemem-). The Aareement. by Its
terms, Is due to expire In 2009. The parties desire to extend the tenn of the Agreement end
the purpose of this Amendment Is to extend the Agreement by a llk&-perfod of years as set
forth In the Agreement. Accordfngly, the parties covenant, acknowledge, and agree to the
following tenns and conditions as en amendment to the Agreement.
3, MODIFICATION AND AMENDMENT. The Aieement Is hereby modified and amended by the
deletion of certain languaee In existing paragraph 7, as shown ~ ~l~eewt, pertaining to the
term of1ha Agreement, and repl~ced by the followlng ner ranwage;
7. The term of this Agreement Is for a period of three (3) yura from ~e Elate sf
111aeutleR Nommber 16 2009. and automatlcally renewed fur six (6) subsequent
1hree{3}year periods unless either party gives a minimum of six months written
notice, during which time 1he District agrees that all effluent produced from 1aps
within District shaU not be In violation of any federa~ state or City laws, rules or
~latlons, _or any c;i_ther appl!caJ>le .tovernm~rtel fBiUlations or th~ pel'!!l~ ~der
which the City openrtes Its sewage treatment system. Cil;Y agrees, during the 1erm
hereof, to treat said effluent and to malnbsln edequete facllltles for traatlng of 1he
same.
4. ANNUAl APPROPRIATION REQUIRED. My provision of tltls Agreement. or Its attachments,
which directly or lndlrectJy lm?ose upon either party, any flnanclal obllption whatsoever to
be performed or which may be performed In any flscal year subsequent to the year of the
execution af this Agreement Is expressly made contingent upon, and subject to, funds for
such financial obligation being appropriated, budgeted end otherwise made available by the
parties' respective governing boards.
6. RATIACATION. The parties hereby ratify all other provisions of the Agreement which
provisions shall remain In full force end effect.
Dated· ..,1i
Secratery
1
Page 255 of 263
FIRST AMENDMENT TO CONNECTOR'S AGREEMENT
SEWER CONTRACT NO. S
1. PARTIES. The parties to this Arst Amendment to Connector's Agreement-Sewer Contract No.
8 (herein,-"Amendment•) are: the CITY OF ENGLEWOOD, COLORADO, a munlclpal
corporation, ("City"); and SOUTHGATE SANITATION DISTRICT, a ntle 32 specie! district
2. RECITALS AND PURPOSES. The parties ~ously entered Into e Connector's Agreement
dated June 20111 1961, which was subseq4,ently superseded by a Connector's Agreement-
Sewer Contract No. 8 dated November 16, 1988, ("Agreement"). The Agreement, by Its
terms, Is due to expire In 2009. The parties desTre to extend the term of the Agreement and
the purpose of this Amendment Is to extend the Agreement by a Ilka-period of years as set
forth In the Agreement Accordingly, the parties covenant, acknowledge, and agree to the
following tenns and conditions es an amendment to the Agreement
3, MODIACATION AND AMENDMENT. The Agreement Is hereby modified and amended by the
deletlon of certain language In existing paragraph 7, as shown by Eitl=ll~eeut; pertaining to the
term of the Agreement, and replaced by the following neyt language;
7. The term of this Agreement ts for a period of three (3) years from the sate ef
eMee~eA November 16 2009, and automatlcally renewed for six (6) subsequent
three{3)-year periods unless either party gives a minimum af six months written
notice, during which time the District agrees that all effluent producad from taps
within District shall not be In violation of any federal, state or City laws, rules or
~ulatlons. .or any Qther epplk:a.ble g_qvemm~ntal regu~ons or th~ pell!I~ under
which the Ctt,y operates Its sewage treatment system. Ctt,y agrees, during the term
hereof, to treat seld effluent and to malnt!lln adequate facllltJes fot treating of 1he
same.
4. ANNUAL APPROPRIATION REQUIRED. Any provision of this Agreement, or Its att!lchments,
which directly or Indirectly fmpose upon either party, any ftnanclal obligation whatsoever to
be performed or which may be performed In any fiscal year subsequent to the year of the
execution or this Agreement Is expressly made contingent upon, and subject to, funds for
such flnenofal obllgatlon being appropriated, budgeted and otherwise made avallable by the
parties' respective govemfng boards.
5. RATIFICATION. The parties hereby ratffy ell other provisions of the Agreement which
provisions shell remain In fUll force and effect.
~
Secretary
1
Page 256 of 263
FIRST AMENDMENT TO CONNECTOR'S AGREEMENT
SEWER CONTRACT NO. 8
1. PARTIES. The parties to this First Amendment to Connector's Agreement-Sewer Contract No.
B (herein,· ·Amendment") are: the CrTY OF ENG1£WOOD, COLORADO, l!1 munlclpa l
corporation, ("City"); and SOUTHGATE SANITATION DISTRICT, a Title 32 special district.
2. RECITALS AND PURPOSES. lhe parties previously entered Into a Connector's A&reement
dated June 2Qlb 1961, which was subsequently supansecled by a Connector's Aifeement-
Sewer Contract No. 8 dated November 16, 1988, ("Agreement"). lhe Agreement, by Its
terms , Is due to expire In 2009. 1he parties desire to extend the term of the Agreement and
the purpose of this Amendment Is to extend the Agreement by a like-period of years es set
forth In the Agreement. Accordingly, the parties covenant, acknowledge, and agree to the
followlng terms and conditions as an amendment to the Agreement
3. MODIFICATION AND AMENDMENT. lhe A2f'eement Is hereby modified and amended by the
deletion of certain language In exlstlng paragraph 7, as shown by &tfllleellt, pertaining to the
tenn otthe Agreement, and replaced by the following oew !engu≥
7. The term of this Agreement Is for a period of three (3) years from ~e llat:e ef
E!llaalf'JeFI Ngvc;mbs;c 16 2ooe. and autcmatlcally renewed for six (6) subsequent
thJ'ee.{3)-¥ear periods unless either party gives a minimum of six months written
natlce, during which time 1he District agrees that ell effluent produced from taps
within Dlstrtct shan not be In violation of any federal, state or City laws, rules or
~latlons, or any Qther appl{\:&J>le .t~vemm~!l!al .reeu~s or th~ .P8~ under ..
which the City operates Its sewage treatment system. City agrees, during tha term
hereof, to treat said emuent and to mslntaln adequate facllltlas for treating of 1ha
same .
4. ANNUAL APPROPRIATION REQUIRED. Arr/ provision of this Aereement, or Its attachments,
which directly or Indirectly Impose upon either party, any flnancfel obllptfon Whatsoever to
be performed or which may be performed In any fiscal year su_l)sequent ta the year of the
execution of this Agreement Is axpressly made contingent upon, and subject to, funds for
such flnenclal obllgatfon being appropriated, budgeted and otherwise made avaUable by the
parties' respective governing boards.
6. RATIFICATION . The parties hereby ratify all other provisions of the Agreement which
provisions shall remain In full force and affect.
Dated: 2e6S
1
Page 257 of 263
CONNECTOR'S AGREEMENT
Sewer Contract No.~8~~-
THIS AGREEMENT, made and entered into this 16 day of
November , 1988 by and l:ietween the C.ITY OF
ENGLEWOOD, COLORADO, a ~uniclpal corporation, hereinafter
referred to as 11 city,11 acting by and through its duly elected,
qualified and authorized Mayor and City Clerk, and SOUTllGATE
S!NIT!TIQN DISTRI~. Arapahoe and Doualas Countie~ a corporation
of the State of Colorado, hereinafter called "District," acting
by and through its duly authorized Board ot~-
Directors.~----------------------~------~
WITNESSETH
WHEREAS, the City owns and operates a sewage system,
including a sewage treatment plant which is jointly owned and
operated with the City of Littleton, so situated physically as to
be able to receive and treat the sewage gathered by the District:
ani:l
WHEREAS, it is the desire of the District to utilize the facilitie~ owned by the City for the treatment of sewage and the
City is willing to serve the District for treatment of sewage
under certain conditions;
NOW, THEREFORE, IN CONSIDERATION of the promises and for
other good and valuable consideration hereinafter set forth, it
is mutually agreed by the parties as follows:
1. The City hereby agrees under the conditions hereinafter set
forth to treat the sewage originating from District's
sanitary sewer system within the area served by the District
as approved by the City, as indicated in the descriptions
attac:bed hereto marked Exhibit A.
District specifically agrees to prevent sewage from any area,
other than that described herein, from being discharged into
District's sanitary sewage system connected to City's trunk
line and to prevent connections to the system from er in any
area other than those described herein.
•• See Footnote on last page.
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Page 258 of 263
2.
3.
4.
5.
In the operation of District's sanitary sewer system,
District agrees that all applicable Code provisions and rules
and regulations of city, including aJDendments thereto during
the term o~ the contract, shall be the minimum standards for
District's system. District further agrees to abide by all
applicable state and federal laws, rules, regulations, or
pe:rmits, including those of the Environmental Protection
Agency (the EPA) as they become effective or impleJDented or
upon notice from the City. District shall infonn all users,
contractors and subcontractors of such standards, rules and
regulations upon inquiry from suc:h persons, and shall not
furnish any information inconsistent therewith. In this
regard, it shall be the responsibility of the District to
obtain from the appropriate governing body the applicable
requirements. The city shall attE!lllpt to maintain and provide
all requirements to the District1 however, City does not
guarantee the accuracy or co~pleteness of 9overruuent
regulations other than the city's own regulations.
The City's permitting requiramBlltS shall be followed by the
District and its users. All plans, specifications and
methods of work within the District shall be submitted to the
City in writing and approved by city prior to any
construction or tap in the District's approved area. No
permit shall be final and no service shall be provided to
property until construction is approved in writing by City.
District shall, at all tillles, properly maintain its sewer
system and shall rectify any probleJDs or conditions which
have been determined by District or city to be detrilnental to
city's treatment process. Should the City determine that any
discharge enters the sewer systen contrary to governing laws,
ordinances, statutes, rules, regulations or permits, District
agrees to proceed at once to take whatever lawful means Day
be necessary to rectify any such problem or condition.
City shall have the right to allocate service under this
contract, and city Day deny additional service for any
utility-related reason, but in no event will City terminate
any service without cause. City shall have the right to
disconnect service to any area annexed by District when such
annexation takes place without prior written ~ity approval.
District shall provide city within one year of this
agreement, an estimate of the nw:nber of equivalent service
taps needed for tbe next five (5) years under current zoning
and planned buildout in District's area . District shall
monitor zoning changes within its area to estimate its tap
reguireDents and provide City vith notice of tap requirements
for the next five year period of tille in a form satisfactory
to the city. Notice of these requireDents shall be given
City on each anniversary date of this agreement.
6. City nay ilnpose and collect reasonable fees, tolls and
charges, which shall be uniform as to all outside-City users
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Page 259 of 263
eooK5745rAG£298
for the services provided by the City under this Connector's
Agreement.
city shall bill District user directly for all applicable
city charges for services rendered under this Agreemant.
Should any user not pay City, city shall bill District and
District shall pay to city within 45 days of such billing the
amount due. These charges are subject to adjust.Dent from
tiliie to tilne by City; when such charges are changed, City
shall give District forty-five (45) days advance written
notice.
7. The term of this Agreement is for a period of three (3) years
from the date of execution and automatically renewed for six
(6) subsequent three-(3)-year periods unless either party
gives a lninimWll of six Donths written notice, during which
tine District agrees that all effluent produced from taps
within District shall not be in violation of any federal,
state or City laws, rules or regulations, or any other
applicable governmental regulations or the permits under
which the city operates its sewage treatnient system. city
agrees, during the term hereof, to treat said effluent and to
maintain adequate facilities for treating of the same.
B. District agrees that it will maintain, at its own expense,
all of its lines, or those lines now owned and operated by
District, it being specifically agreed that City assumes no
responsibility should any of District's lines become clogged,
damaged, or require ~aintenance. District shall ~aintain
24-hour service to remedy disruption in service. District
shall, if it dee.ms necessary, notify its users of District's
procedure to remedy service.
g, City is providing only sewage treatment service and, pursuant
thereto, permits incidental use of city's sewage lines only
by this individual contract with District and does not, by
this contract, offer treatment service except in strict
accordance with the terms hereof. This contract does not
offer, and shall not be construed as offering, sewage
treatJnent service to the public generally or to any area
outside the limits of the District's service area herein
described.
10, This contract may not be assigned, sold or transferred by
District without City's written consent.
11. Should any federal law, rule, permit or regulation or should
a decree or order of a court render void or unenforceable any
provisions of this contract, in whole or in part, if
possible, the relllainder shall be of full force and effect.
12. The District shall enforce this agreeJDent and each of its
terms and conditions within the area described in Exhibit
"A." District shall refuse to serve a user or potential
user, disconnect the service of any user pursuant to
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Page 260 of 263
appropriate law, or take other appropriate action in the
event of:
a. Nonpayment by such user of any charge made by City for
services;
b. Any violation or noncompliance by such user with the
terms of this agreement;
c. Violation or noncompliance by such user with the laws,
rules, pennits or requlations of the city, the United
States government, including the EPA, the state o~
Colorado, including the oeparbnent of Health, or other
law, rule, permit or regulation applicable.
d. Continued breach of this Agreement by the District
and/or its users shall be considered cause for the city
to terminate this Aqreenent.
Should the District fail to promptly rectify a breach of
those provisions identified herein, after notice thereof,
city may take such steps and do such work as it deE!llls
necessary to enforce this agreeJDent, including litigation and
specifically a right to injunction or specific performance
against the District or any of its users as is necessary to
protect the City's system and operations. The prevailing
party shall be entitled to expenses and costs of suit,
including attorney fees, Should more than one District be
connected to a sewer line, all Districts on the line shall be
jointly e.nd severally liable for any breach of this agreement
and each such District shall illllnediately, after notice,
rectify any problelll or condition detrilnental to the treatment
process arising within its legal boundaries. city shall not
be required to prove which District is at fault but shall
make available to all such affected Districts all infonnation
devel~ped or accUlllulated by City pertaining to such breach.
Nothing contained herein shall preclude a claim_for indemnity
or contribution by any District against another District
connected to a collllllon sewer line. CRS-13-31-lll.5 shall
govern the percentage of liability of any District on a
common sewer line in the event the city seeks to impose
liability based upon negligence or fault.
13. This contract shall not be used as a legal defense or
prohibition to the mandatory consolidation of facilities by
either party as may be required by the laws of the state of
Colorado of all existing sewer collection systems and
facilities to a governmental entity created to assUllle
responsibility for sewer service in the area in which both
City and state are a part under statutory or constitutional
authority es may be the case.
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Page 261 of 263
4., -
**Footnote (see page l)
BOOK57451Acc300
CITY OF ENGLEWOOD
SOOTHGATE SANITATION DISTRICT
Arapahoe and Douglas Counties,
Colorado
Nothing in this paragraph shall apply to flows entering the
outfall line utilized by the District at any point or points
downstream from where the said outfall line leaves the area of
the District.
Page 262 of 263
LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
INDUSTRIAL PRETREATMENT DIVISION
MEMORANDUM
TO: Cathy Burrage, Executive Assistant
FROM : Jon Bridges, WWTP Industrial Pretreatment Administrator
March 6, 2017 DATE
SUBJECT : WASTEWATER CONNECTOR 'S AGREEMENT ADDENDUMS
The Wastewater Connector's Agreement Addendum was developed to establish delegation for
implementation of the Pretreatment Regulations in each sanitation district discharging to the LIE
WWTP (in both Englewood and Littleton). The requirement for this delegation came from EPA
following an audit of the LIE WWTP Industrial Pretreatment Program in February 2014. One of
the outcomes of the audit was the following, along with its associated corrective action:
Audit Finding #7: "The Littleton Englewood Wastewater Treatment Plant does not have the
legal framework to fully implement the Pretreatment Regulations in the 79 outside
contributing jurisdictions in its service area because the intergovernmental agreements do
not provide adequate delegation of the Pretreatment program implementation to the cities of
Littleton and Englewood. "
Corrective Action Item
"Update the intergovernmental agreements established between the cities of Littleton and
Englewood and their respective contracted outside contributing jurisdictions to establish
delegation for implementation of the Pretreatment Regulations. "
In order to comply with EPA 's requirement. the Industrial Pretreatment Division proposed to
EPA, and the Cities of Littleton and Englewood, to develop an Industrial Pretreatment-specific
addendum to the wastewater connector's agreements currently in place between individual
sanitation districts and the Cities . In this manner, EPA's requirement to "establish delegation for
implementation of the Pretreatment Regulations " would be accomplished without re-opening the
existing agreements and the addendum could then be a standard agreement for all districts .
Page 263 of 263