HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2021 - SECOND READING OF ORDINANCE NO. 128, 2021, AMENDIN Agenda Item 2
Item # 2 Page 1
AGENDA ITEM SUMMARY November 16, 2021
City Council
STAFF
Jason Graham, Water Reclamation/Biosolids Manager
Eric Potyondy, Legal
SUBJECT
Second Reading of Ordinance No. 128, 2021, Amending Chapter 26 of the Code of the City of For t Collins to
Make Various Updates Regarding the Wastewater Utility Pretreatment Program.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 5, 2021, adopts 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 Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 5, 2021 (w/o attachments) (PDF)
2. Ordinance No. 128, 2021 (PDF)
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 Collins 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 in 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, and
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 practices 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.
ATTACHMENT 1
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)
-1-
ORDINANCE NO. 128, 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 industrial users.
-2-
. . .
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
Parameter Maximum
Concentration
(mg/l)
Sample
Type
Arsenic, total 0.18 composite
Cadmium,
total
0.03 composite
Chromium,
total
10.72 composite
Copper, total 1.68 composite
Cyanide, total 0.08 grab
Lead, total 0.46 composite
Manganese,
total
3.54 composite
Mercury,
total
0.0065 composite
Molybdenum,
total
2.86 composite
pH, minimum 5.0 grab
pH,
maximum
11.0 grab
Nickel, total 2.72 composite
Selenium,
total
0.11 composite
Silver, total 0.01 composite
Temperature
(° C)
65.0 grab
Zinc, total 8.23 composite
-3-
Passed and adopted on final reading on this 16th day of November, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk