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City Clerk’s Office Item # R-2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 23, 2018
TO:
President Christopher A. Nicoll and Members of City Council
CC:
Sam Azad, City Manager
VIA:
Brenda Armijo, Acting City Clerk
FROM
Nancy Keller, Wastewater Director
SUBJECT:
AN ORDINANCE AMENDING SECTION 16-3-8 OF THE PUEBLO
MUNICIPAL CODE RELATING TO OWNERSHIP, RESPONSIBILITY AND
CONDITIONS OF USE WITH RESPECT TO SANITARY SEWER SERVICE
LINES AND TAPS AND AMENDING CHAPTER 3 OF TITLE XVI OF THE
PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW SECTION 16-
3-10 RELATING TO INSPECTIONS AND ENFORCEMENT AND
PROVIDING PENALTIES FOR VIOLATION OF ITS PROVISIONS
SUMMARY:
This Ordinance updates sections16-3-8 and 16-3-10 of the Pueblo Municipal Code to
reflect revisions to clarify conditions of use of the sanitary sewers.
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The James R. DiIorio Water Reclamation Facility recently received a Discharger Specific
Variance for selenium and sulfate. This variance allows 10 years to make progress toward
meeting the stream standards by addressing sources of groundwater infiltration into the
collection system that are high in selenium and sulfate. One of the major sources of
groundwater entering the sanitary sewer is from service lines that are broken or have taps
that are not sealed. Homeowners are responsible for maintaining service lines and taps.
This modification emphasizes that service lines cannot allow excessive infiltration to occur.
The City is given the ability to place liners at the tap and along the extent of the service
line. The authority for City employees to enter the property to assess any discharge into
the collection system is stated in 16-6-9 but is restated in section 16-3-10 to make it
evident.
FINANCIAL IMPLICATIONS
:
None
BOARD/COMMISSION RECOMMENDATION
:
Not applicable
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
If the City fails to show improvement though lining of the collection system, the Discharger
Specific Variance will be modified at the next Water Quality Control Commission hearing to
require treatment at the James R. DiIorio Water Reclamation Facility. The cost for
treatment would require significant increases to the user rates.
RECOMMENDATION
:
Approval of the Resolution.
Attachments
:
None
ORDINANCE NO. 9319
AN ORDINANCE AMENDING SECTION 16-3-8 OF THE
PUEBLO MUNICIPAL CODE RELATING TO OWNERSHIP,
RESPONSIBILITY AND CONDITIONS OF USE WITH
RESPECT TO SANITARY SEWER SERVICE LINES AND
TAPS AND AMENDING CHAPTER 3 OF TITLE XVI OF THE
PUEBLO MUNICIPAL CODE BY THE ADDITION OF A NEW
SECTION 16-3-10 RELATING TO INSPECTIONS AND
ENFORCEMENT AND PROVIDING PENALTIES FOR
VIOLATION OF ITS PROVISIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted, underscoring indicates new matter being added)
SECTION 1.
Section 16-3-8 of the Pueblo Municipal Code is hereby amended to read as
follows:
Sec. 16-3-8. - Ownership \[and\], responsibility and conditions of use
.
Owners of properties served by sanitary sewers shall own all of the service lines
or building sewers that connect structures on the property to the public sewer, including
the tap itself. Property owners shall be responsible for maintaining, repairing or replacing
, tap connections,Property
service lines and building sewers at their sole expense.
owners shall be responsible for ensuring that service lines, tap connections, and
building sewers do not allow excessive infiltration or inflow of ground water.
Continued access and use of the Public Sewer shall, however, be conditioned
upon any and all requirements necessary to enable the City to comply with all
applicable State and Federal laws required by the Clean Water Act of 1971 33
U.S.C. §1251, et seq., the Colorado Water Quality Control Act C.R.S. § 25-8-101, et
seq., as amended and all implementing regulations and permits, including, but not
limited to, the placement of liners by the City at the tap and along the extent of any
service line.
SECTION 2.
Chapter 3 of Title XVI of the Pueblo Municipal Code is amended by the addition of
a new Section 16-3-10 to read as follows:
Sec. 16-3-10. – Inspection and enforcement.
(a) Any duly authorized employee or agent of the City bearing
proper credentials and identification shall be permitted at any time to enter
upon all properties that are connected to the City's sewer collection and
wastewater treatment system for the purpose of inspecting, measuring,
sampling and testing, as may be required in pursuance of implementation
and enforcement of the terms and provisions of this Chapter.
(b) The violation of the provisions of this Chapter shall be unlawful.
(c) In order to enforce the provisions of this Chapter, the City may
correct any violation hereof. The cost of such correction may be added to
any sewer service charge payable by the person violating the division or the
owner of the property upon which the violation occurred.
(d) The City may also petition the district court for the issuance of
a preliminary or permanent injunction, or both, as may be appropriate,
restraining any person from the continued violation of this Chapter.
SECTION 3.
The officers of the City are directed and authorized to perform any and all acts
consistent with the intent of this Ordinance to effectuate the policies and procedures
described herein.
SECTION 4.
This Ordinance shall become effective immediately upon final passage.
INTRODUCED July 23, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
PASSED AND APPROVED: August 13, 2018