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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/05/2021 - FIRST READING OF ORDINANCE NO. 128, 2021, AMENDING Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY October 5, 2021 City Council STAFF Jason Graham, Water Reclamation/Biosolids Manager Eric Potyondy, Legal SUBJECT First Reading of Ordinance No. 128, 2021, Amending Chapter 26 of the Code of the City of Fort C ollins to Make Various Updates Regarding the Wastewater Utility Pretreatment Program. EXECUTIVE SUMMARY The purpose of this item is to gain approval for recommended Wastewater City Code updates for industrial discharges because of a U.S. Environmental Protection Agency (“EPA”) approved local limits study. Second reading is scheduled for November 16, 2021 to permit a 30 -day period for public comment. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City, through Fort Collins Utilities, operates two wastewater facilities: the Mulberry and Drake Water Reclamation Facilities. As part of the National Pollutant Discharge Elimination System (NPDES) permits for these facilities, we must oversee an Industrial Pretreatment Program to regulate industrial discharges. This requirement is codified in Article IV of Chapter 26 of City Code as part of the Wastewater Utility. A local limits evaluation is required when a new NPDES permit is issued to ensure the wastewater facilities can safely treat the industrial discharges prior to returning the treated wastewater to the waters of the state (e.g., the Cache la Poudre River and the Fossil Creek Reservoir Inlet Ditch). The local limits review and development includes technical review, sampling, data analysis, calculations, and allocations. If during this process it is determined there have been updates to the treatment facilities, collection system, or industries, then it requires an update to the local limits i n applicable municipal codes in coordination with the EPA and approved by Council. The last time local limits updates were completed was 2010 and since then there have been significant updates to both the Mulberry and Drake Water Reclamation Facilities, an d changes to our Fort Collins industries, thus requiring a local limits update. Wastewater Utility staff have reviewed relevant portions of City Code to update them to be consistent with current operations of the Wastewater Utility and best management p ractices and has prepared proposed changes to City Code. Staff has worked with the EPA to receive all necessary approvals for the proposed changes to City Code. BOARD / COMMISSION RECOMMENDATION The Water Commission unanimously recommends Council's adoption of changes to City Code Section 26- 340(a) to update concentration-based industrial discharge limits as a result of EPA approved local limits evaluation. Agenda Item 11 Item # 11 Page 2 PUBLIC OUTREACH EPA will publish notice of the changes for 30 days between First and Second reading. ATTACHMENTS 1. Water Commission Minutes (PDF) Excerpt from Unapproved DRAFT MINUTES WATER COMMISSION REGULAR MEETING September 16, 2021, 5:30 p.m. – 7:30 p.m. via Hybrid Zoom and In Person Meeting 09/16 /20 2 1 – Excerpt from Unapproved DRAFT MINUTES Page 1 Industrial Pretreatment Local Limits and Recommended Code Change Updates Water Reclamation and Biosolids Director of Plant Operations Jason Graham and Technical Services Supervisor and Pretreatment Coordinator Allison Becker presented on the Local Limits study, the results of which will require recommended changes to current codes. They will propose updates to what and how much the City’s Water Reclamation facilities can accept and reliably treat industrial discharges while protecting the health of its public and environment. These proposed changes will only affect Significant Industrial Users (SIUs), which are industrial dischargers that meet certain criteria, like the category of industrial processes they use, their size, and their potential to impact water reclamation facilities. Discussion Highlights A Commissioner inquired about where hospitals fell categorically in relation to these code changes. Ms. Becker responded that hospitals in fact fall into the residential categ ory, as the wastewater from hospitals is considered as domestic waste, and will not be affected by these code changes. Another Commissioner inquired further about dental facilities, which Ms. Becker assured are actually a part of the commercial industry. Another Commissioner inquired about the number of SIUs, to which Ms. Becker responded that there are 5 facilities that will be affected by these code changes. Another Commissioner asked for clarification regarding the lack of push back from SIUs. Ms. Becker responded that the effects of these changes would require more rigorous treatment processes for affected SIUs, but they have not seen any push back that could be considered significant as there are no major constructions or projects required. Another Commissioner commented that it was interesting to see recommendation to increase a number of the limits rather than the other way around, to which Ms. Becker responded that it’s all data-driven and based on treatability. Commissioner Kenyon moved that the Water Commission recommend that the City Council adopt the proposed changes to City of Fort Collins Municipal Code Chapter 26 -340(a) to update concentration-based industrial discharge limits as a result of local limits evaluation. Commissioner Ortman seconded the motion. Vote on the Motion: it passed unanimously, 7-0 ATTACHMENT 1 -1- ORDINANCE NO. 129, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO MAKE VARIOUS UPDATES REGARDING THE WASTEWATER UTILITY PRETREATMENT PROGRAM WHEREAS, the City of Fort Collins owns and operates Fort Collins Utilities, which includes a Wastewater Utility, which provides wastewater service to customers in its service area and also accepts for disposal the waste from septic tanks, vaults, privies, portable toilets; and WHEREAS, Article IV of Chapter 26 of the City Code concerns the Wastewater Utility; and WHEREAS, Wastewater Utility staff has reviewed relevant portions of City Code in order to update them to be consistent with current operations of the Wastewater Utility and best management practices and has prepared proposed changes to City Code; and WHEREAS, Wastewater Utility staff has worked with the U.S. Environmental Protection Agency to receive all necessary approvals for the proposed changes to City Code; and WHEREAS, the Water Commission has reviewed the proposed changes to City Code and has recommended their enactment; and WHEREAS, City Council now desires to amend portions of Article IV of Chapter 26 of the City Code accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-340(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-340. Discharge limitations. (a) Concentration-based limitations. The following pollutant limitations shall apply to all significant industrial users. The limits for pH shall also apply to all commercial dischargers industrial users. Parameter Maximum Concentration (mg/l) Sample Type Arsenic, total 0.0370.18 composite -2- . . . Boron, total 3.40 composite Cadmium, total 0.0280.03 composite Chromium, hexavalent 0.27 grab Chromium, total 2.2910.72 composite Copper, total 0.371.68 composite Cyanide, amenable 0.13 grab Cyanide, total 1.480.08 grab Lead, total 0.150.46 composite Manganese, total 28.53.54 composite Mercury, total 0.00090.0065 composite Molybdenum, total 0.122.86 composite Oil and grease 187 grab pH, minimum 5.0 grab pH, maximum 11.0 grab Nickel, total 0.492.72 composite Selenium, total 0.0590.11 composite Silver, total 0.0860.01 composite Temperature (° C) 65.0 grab Zinc, total 1.838.23 composite -3- Introduced, considered favorably on first reading, and ordered published this 5th day of October, A.D. 2021, and to be presented for final passage on the 16th day of November, A.D. 2021. ____________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on this 16th day of November, A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ Interim City Clerk