close
[Ord. No. 2020-189, 12-21-2020]
(a) 
The Town Council hereby recognizes the establishment of the Town's Sanitary Sewer Utility Enterprise and confirms the operation of the Sanitary Sewer Utility Enterprise, inclusive of the Town's municipal sanitary sewer system, as an "Enterprise" within the meaning of Section 20 of Article X of the State Constitution.
(b) 
The Town Council recognizes that the creation and establishment of the Town's Sanitary Sewer Utility Enterprise serves the purpose of managing, maintaining and operating the Town's wastewater system and the sewer facilities for the conveyance, treatment and disposal of waste water from within the Town.
(c) 
The Town Council designates itself as the governing body of the Sanitary Sewer Utility Enterprise and shall exercise the Town's legal authority relating to the Sanitary Sewer Utility Enterprise, but shall not levy a tax.
(d) 
The Town Council directs that funds of the Sanitary Sewer Utility Enterprise and funds of the Town may be commingled for purposes of investment so long as accurate records are kept of the amount of such funds allocable to the Enterprise and to the Town.
(e) 
The Town Council ratifies, approves and confirms all action not inconsistent with the provisions of this Section heretofore taken by Town Council or by the officers and employees of the Town directed toward the operation of the Wastewater Utility Enterprise as an "Enterprise" under Section 20 of Article X of the State Constitution.
[Ord. No. 2020-189, 12-21-2020]
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall be as follows:
ACT
Means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. section 1251 et seq.
ARTICLE
Means this Article II of Chapter 13 of the Town of Johnstown Municipal Code.
BIOCHEMICAL OXYGEN DEMAND (BOD)
Means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees (20°) Celsius, expressed in milligrams per liter.
BUILDING DRAIN
Means that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five (5) feet (1.5 meters) outside the inner face of the building wall.
BUILDING SEWER
Means the extension from the building drain to the public sewer or other place of disposal, also called house connection.
COMBINED SEWER
Means a sewer intended to receive both wastewater and storm water or surface water.
EASEMENT
Means an acquired legal right for the specific use of land owned by others.
FLOATABLE OIL
Is oil, fat or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. Wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the POTW.
GARBAGE
Means the solid wastes from domestic and commercial preparation, cooking, and dispensing of food, and from handling, storage and sale of produce.
INDIRECT DISCHARGE or DISCHARGE
Means the introduction of any pollutant into the Publicly Owned Treatment Works (POTW) from any non-domestic source under Section 307(b), (c) or (d) of the Act.
INDUSTRIAL WASTES
Mean the liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewerage.
INDUSTRIAL USERS or IU
Means a source of indirect discharge.
INTERFERENCE
Means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(1) 
Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and,
(2) 
Therefore, is a cause of a violation of the Town's NPDES permit(s) (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory and regulatory provisions or permits issued thereunder, or any more stringent State or local regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource Conservation and Recovery Act; 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 Protection, Research, and Sanctuaries Act.
INDUSTRIAL WASTE
Means the wastewater from industrial processes, trade or business as distinct from domestic or sanitary wastes.
MEDICAL WASTE
Means isolation wastes, infectious agents, human blood and blood products, pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially contaminated laboratory wastes, and dialysis wastes.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT or NPDES PERMIT
Means the permit(s) issued by the State of Colorado authorizing the Town to discharge to waters of the United States under the Act, and includes, as may be amended from time to time, CO-0021156 and CO-0047058.
NATURAL OUTLET
Means any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or ground water.
PASS THROUGH
Means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the Town's NPDES permit, including an increase in the magnitude or duration of a violation.
pH
Means the logarithm of the reciprocal of the hydrogen ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution.
POLLUTANT
Means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, flow, TSS, turbidity, color, BOD, COD, toxicity, or odor).
PRETREATMENT
Means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutants in wastewater prior to, or in lieu of, a discharge of such pollutants into the POTW. This reduction or alteration may be obtained by physical, chemical, or biological processes, by process changes or by other means, except by diluting the concentration of the pollutants, unless otherwise allowed by law or by the Town.
PUBLICLY OWNED TREATMENT WORKS or POTW
Means the treatment works, as defined by Section 212 of the Act (33 U.S.C. section 1292), that are owned by the Town. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances that convey wastewater to the POTW Treatment Plant.
POTW TREATMENT PLANT
Means that portion of the POTW which is designed to provide treatment (including recycling and reclamation) of municipal sewage and industrial waste and includes, as may be amended from time to time, the Johnstown Central Wastewater Treatment Facility and the Low Point Wastewater Treatment Plant.
PUBLIC SEWER
Means a common sewer controlled by a governmental agency or public utility.
SANITARY SEWER
Means a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions, together with minor quantities of ground, storm and surface waters that are not admitted intentionally.
SEWAGE
Is the spent water of a community, and typically refers to water containing human excrement and gray water (as from showers, baths, dishwashing operations, sinks, washing machines). The preferred term is wastewater.
SEWAGE WORKS
Means all facilities for collecting, pumping, treating and disposing of sewerage.
SEWER
Means a pipe or conduit that carries wastewater.
SLUG DISCHARGE
Means any discharge of water or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour concentration or flows during normal operation that adversely affect the collection system and/or performance of the wastewater treatment works. Slug discharge includes any discharge of a non-routine, episodic nature, such as 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 the Town's NPDES Permit, the POTW's regulations, local limits or pretreatment requirements.
STORM DRAIN (sometimes termed storm sewer)
Means a drain or sewer for conveying water, ground water, subsurface water or unpolluted water in any source.
TOTAL SUSPENDED SOLIDS (TSS) or SUSPENDED SOLIDS (SS)
Means suspended matter that either floats on the surface of or is in suspension in water, wastewater or other liquids, and is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater.
UNPOLLUTED WATER
Is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards
WASTEWATER
Means the liquid and water-carried pollutants from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are contributed to the POTW. It may be a combination of the liquid and water-carried waste together with any ground water, surface water and storm water that may be present.
WASTEWATER TREATMENT WORKS
Means an arrangement of devices and structures for treating wastewater, industrial wastes and sludge. Sometimes used as synonymous with waste treatment plant or wastewater treatment plant or water pollution control plant or POTW.
WATERCOURSE
Means a natural or artificial channel for the passage of water either continuously or intermittently.
[Ord. No. 2020-189, 12-21-2020]
The Town Manager may adopt forms and make and enforce rules and regulations in conformity with this Article that are necessary for the safe, efficient and economical management of the Town's sanitary sewer system. Subject to the limitations of this Code, the Town Manager may delegate the administration of this Article, or any part thereof, to duly qualified employees and agents of the Town.
[Ord. No. 2020-189, 12-21-2020]
(a) 
It shall be unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the Town, or in any area under the jurisdiction of the Town, any human or animal excrement.
(b) 
It shall be unlawful to discharge to any natural outlet within the Town, or in any area under the jurisdiction of the Town, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Article.
(c) 
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of wastewater.
(d) 
The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes situated within the Town and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer, are hereby required, at the owners' expense, to install suitable toilet facilities therein, and to promptly connect such facilities directly with the proper public sewer in accordance with the provisions of this Article, within one hundred-twenty (120) days provided that the public sewer is within four hundred (400) feet of the property line.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Where a public sanitary or combined sewer is not available as provided in this Article, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this Section.
(b) 
Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit signed by the Town. The application for such permit shall be made on a form furnished by the Town, which shall be supplemented by any plans, specifications and other information deemed necessary by the Town. The applicant shall also pay a permit and inspection fee to the Town at the time the application is filed in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
(c) 
A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the Town. The Town shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the permit shall notify the Town when the work is ready for final inspection and before any underground portions are covered. The Town shall promptly inspect the work upon receipt of notice.
(d) 
The type, capacities, location and layout of a private wastewater disposal system shall comply with all recommendations and requirements of the Colorado Department of Public Health and Environment and of the Larimer or Weld County Department of Public Health and Environment, as appropriate. No permit shall be issued for any private wastewater disposal system employing subsurface soil absorption facilities where the area of the lot is less than the lot size required by the Larimer or Weld County Department of Public Health and Environment, as appropriate. No septic tank or cesspool shall be permitted to discharge to any natural outlet.
(e) 
At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in this Article, a direct connection shall be made to the public sewer within one hundred twenty (120) days in compliance with this Article, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material.
(f) 
The owners shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town.
(g) 
No statement contained in this Section shall be construed to interfere with any additional requirements that may be imposed by the Town, the Colorado Department of Public Health and Environment, and Larimer or Weld County Department of Public Health and Environment, as appropriate.
[Ord. No. 2020-189, 12-21-2020]
(a) 
No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Town.
(b) 
There shall be two (2) classes of building sewer permits: (i) building sewer permits for residential and commercial uses and (ii) building permits for establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the Town and, for industrial users, shall include the information and shall meet the obligations required by this Article and any additional information required by the Town. The applicant shall also pay a permit, inspection tapping, and/or impact fee to the Town at the time the application is filed in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
(c) 
All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
(d) 
A separate and independent building sewer shall be provided for every building; except, where a building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as a single building sewer. The Town does not and will not assume any obligation or responsibility for damage caused by or resulting from any single connection.
(e) 
Old building sewers may be used in connection with new buildings only when they are found, on examination, video and/or test submitted by the property owner or a Town contractor, to meet all requirements of this Article.
(f) 
The size, slope, alignment and materials of construction of all sanitary sewers including building sewers, and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench, shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the Town. In the absence of suitable code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the American Society for Testing and Materials ("ASTM") International Standards and Water Pollution Control Facility ("WPCF") Manual of Practice No. 9 shall apply.
(g) 
Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer.
(h) 
No person shall make connection of roof downspouts, foundation drains, areaway drains or other sources of surface runoff or ground water to a building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(i) 
The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes, other applicable rules and regulations adopted by the Town or the procedures set forth in appropriate specifications of the ASTM International Standards and the WPCF Manual of Practice No. 9, as determined by the Town. All such connections shall be made gas-tight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Town before installation.
(j) 
The applicant for the building sewer permit shall notify the Town when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Town or a representative of the Town.
(k) 
All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be promptly restored in a manner satisfactory to the Town and to the Town's specifications.
(l) 
The Town maintains the sewer main only and the property owner is responsible for the service line in total to the main including the tap.
[Ord. No. 2020-189, 12-21-2020]
(a) 
No person shall discharge or cause to be discharged storm water, surface water, ground water, roof runoff or subsurface drainage water to any sanitary sewer. Upon approval of the Town, unpolluted industrial cooling water or unpolluted industrial process water may be discharged to a storm sewer, combined sewer or natural outlet. Polluted industrial cooling water and polluted industrial process water shall require a pretreatment process approved by the Town in compliance with this Article.
(b) 
Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet approved by the Town and other regulatory agencies. Unpolluted industrial cooling water or unpolluted process waters may be discharged, on approval of the Town, to a storm sewer, combined sewer or natural outlet.
(c) 
No person shall discharge or cause to be discharged any of the following described water or wastes to any public sewers:
(1) 
Petroleum oil, benzene, naphtha, fuel oil, nonbiodegradable cutting oil, products of mineral oil origin, or other flammable or explosive liquid, solid or gas;
(2) 
Pollutants which create a fire or explosive hazard in the POTW, including, but not limited to, waste streams with a closed-cup flashpoint of less than 140 degrees F (60 degrees C) using the test methods specified in 40 CFR 261.21;
(3) 
Wastewater having a pH less than five and one-half (5.5) or having any other corrosive property capable of causing damage or hazard to structures, to the POTW, its collection system, equipment or personnel of the sewerage works;
(4) 
Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/or pollutant concentration which, either singly or by interaction with other pollutants, will cause interference with the POTW;
(5) 
Heat in amounts which will inhibit biological activity in the POTW resulting in interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40° C (104° F) unless the Town approves alternate temperature limits;
(6) 
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;
(7) 
Trucked or hauled pollutants except in manner consistent with Subsection (n) below;
(8) 
Any waters or wastes containing toxic or poisonous soils, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create public nuisance or create any hazard in the receiving waters of the sewage treatment plant, including but not limited to cyanides in excess of two (2) mg/l as CN in the wastes as discharged to the public sewer; and
(9) 
Solids or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the POTW such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair, fleshings, entrails, paper dishes, cups, disposable wipes, milk containers, etc., either whole or ground by garbage grinders.
(d) 
The following described substances, materials, water or waste shall be limited in discharges to concentrations or quantities which will not harm the POTW, the sewers, the wastewater treatment process or equipment, will not have an adverse effect on the receiving stream and will not otherwise endanger lives, limb, public property or constitute a nuisance. The Town may set limitations lower than the limitations established in the regulations below if, in its discretion, much more severe limitations are necessary to meet the above objectives. In making such determination, the Town may consider such factors as the quantity of subject waste in relation to flows and velocities in the sewers, materials of construction of the sewers, the wastewater treatment process employed, capacity of the wastewater treatment plant, degree of treatability of the waste in the wastewater treatment plant and other permanent factors. The limitations or restrictions on materials or characteristics of waste or wastewaters discharged to the POTW which shall not be violated without approval of the Town are as follows:
(1) 
Fats, wax, oils or greases of animal or vegetable origin, whether emulsified or not, in excess of one hundred (100) mg/l or containing substances which may solidify or become viscous at temperatures between thirty-two degrees (32° F) and one hundred fifty (150° F);
(2) 
Any garbage that has not been properly shredded. For purposes of this Subsection, properly shredded garbage means the wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension. Garbage grinders equipped with a motor of three-fourths (3/4) shall be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places and subject to inspection, reviews and approval of the Town where garbage originates from the preparation of food in kitchens for the purpose of consumption on the premises or when served by caterers. However, garbage grinders shall only be used to grind small amounts of garbage incidental to cleaning of plates, cookware, etc. and not to dispose of large quantities of waste. Waste must be scraped into a garbage can prior to cleaning;
(3) 
Any waters or wastes containing strong acid iron pickling wastes, concentrated plating solutions whether neutralized or not, chromium, copper, zinc and similar objectionable or toxic substances to such degree that any such material received in the composite wastewater at the POTW Treatment Plant exceeds the limits established by the Town for such materials;
(4) 
Any waters or wastes containing phenols odor-producing substances exceeding limits which may be established by the Town as necessary, after treatment of the composite sewage, to meet the requirements of the State, Federal, or other public agencies of jurisdiction for such discharge to the receiving streams;
(5) 
Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the Town in compliance with applicable state or federal regulations;
(6) 
Quantities of flow, concentrations of which constitute a slug discharge;
(7) 
Waters or wastes containing substances which are not amenable to transport, treatment or reduction by the wastewater treatment processes employed or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters;
(8) 
Any water or wastes which, by interaction with other water or wastes in the public sewer system or POTW, release obnoxious gases, form suspended solids which cause interference with the collection system or create a condition deleterious to structures and treatment processes;
(9) 
Wastewater which imparts color that cannot be removed by the POTW Treatment Plant, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently impart color to the POTW Treatment Plant's effluent, thereby causing a violation of the Town's NPDES Permit;
(10) 
Sludges, screenings or other residue from the pretreatment of industrial wastes, unless specifically approved by the Town and otherwise in compliance with the Town's NPDES Permit;
(11) 
Wastewater causing, alone or in conjunction with other sources, the POTW Treatment Plant's effluent to fail toxicity tests;
(12) 
Detergents, surface-active agents (surfactants) or other pollutants that might cause excessive foaming in the POTW or receiving waters; and
(13) 
Wastewater causing a reading on an explosion hazard meter at the point of discharge into the POTW or at any point in the POTW.
(14) 
Any waters or wastes having a pH in excess of 9.5
(15) 
Materials which exert or cause:
a. 
Unusual concentrations of inert suspended solids (such as, but not limited to, fuller's earth, lime slurries and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
b. 
Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
c. 
Unusual BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
d. 
Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
(e) 
The pollutants, substances or wastewater prohibited by this Subsection 13-46(d) shall not be processed or stored in such a manner that they could or will be discharged to the POTW.
(f) 
If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Subsection (d) of this Section, and which, in the judgment of the Town, may have a delirious effect upon the POTW, processes, equipment or receiving waters or which otherwise create hazard to life or constitute a public nuisance, the Town may:
(1) 
Reject the wastes;
(2) 
Require pretreatment to an acceptable condition for discharge to the public sewers;
(3) 
Require control over the quantities and rates of discharge; and/or
(4) 
Require payment of the added cost of handling and treating the wastes not otherwise covered by existing taxes or sewer charges under the provisions of this Article.
(g) 
When considering the above alternatives, the Town shall give consideration to the economic impact of each alternative on the discharger, but, in any event, shall not allow a discharge that has the potential to cause a violation of the Town's NPDES Permit or the law. If the Town permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the Town.
(h) 
No user shall increase the use of process water, or in any way attempt to dilute a discharge, as a partial or complete substitute for adequate treatment, including pretreatment, to achieve compliance with a discharge limitation unless expressly authorized by law or by the Town. The Town may impose mass limitations on users who are using dilution to meet applicable requirements.
(i) 
Grease, oil and sand interceptors shall be provided when, in the opinion of the Town, they are necessary for the proper handling of liquid wastes containing floatable fats, oils or greases in excessive amounts as specified in Subsection (d)(1), or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Town, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors, the owner shall be responsible for the proper removal and disposal by appropriate means at least annually or determined appropriate and necessary by the Town of the captivated material and shall maintain records of the dates and means of disposal which are subject to review by the Town. Any removal and hauling of the collected materials not performed by the owner's personnel must be performed by currently licensed waste disposal firms.
(j) 
Where pretreatment or flow-equalizing facilities are provided or required for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner or the operator at his or her expense.
(k) 
When required by the Town, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable structure together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such structures, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Town. The structure shall be installed by the owner at his or her expense, and shall be maintained by him or her so as to be safe and accessible at all times.
(l) 
The Town may require the user of sewer services to provide information needed to determine compliance with this Article. The requirements may include, but are not limited to:
(1) 
Wastewater discharge peak rate and volume over a specified time period;
(2) 
Chemical analyses of wastewaters;
(3) 
Information on raw materials, processes and products affecting wastewater volume and quality;
(4) 
Quantity and disposition of specific liquid, sludge, oil, solvent or other materials important to sewer use control;
(5) 
A plot plan of sewers of the user's property showing sewer and pretreatment facility location;
(6) 
Details of systems to prevent and control the losses of materials through spills to the municipal sewer; and/or
(7) 
A wastewater discharge permit application, questionnaire or other reports and notifications in a format and timeframe specified by the Town.
(m) 
Industrial users.
(1) 
Mandatory pretreatment requirements. In addition to all other requirements contained in this Article, industrial users shall provide wastewater treatment, as necessary, to comply with the pretreatment standards required by the Town's NPDES Permit and otherwise required by law. The industrial user shall achieve compliance prior to discharge. Any facilities necessary for compliance shall be provided, operated and maintained at the industrial user's expense. Detailed plans describing such facilities and operating procedures shall be submitted to the Town for review, and shall be acceptable to the Town before such facilities are constructed. Acceptance by the Town of any such facilities shall not be construed as a guarantee or agreement by the Town that such facilities will achieve compliance with this Article. The review of such plans and operating procedures shall in no way relieve the industrial user from the responsibility of modifying such facilities, as necessary, to produce a discharge acceptable to the Town under the provisions of this Article.
(2) 
Additional pretreatment and monitoring requirements. The Town may, in its discretion, require:
a. 
An industrial user to restrict its discharge, designate that certain wastewater be discharged only into specific sewers, relocate and/or consolidate points of discharge, separate domestic waste streams from non-domestic waste streams or impose such other conditions as may be necessary to protect the POTW and ensure the industrial user's compliance with the requirements of this Article;
b. 
An industrial user discharging into the POTW to install and maintain, on the user's property and at the owner's or operator's expense, a suitable storage and flow-control facility to ensure equalization of flow;
c. 
An industrial user discharging into the POTW to install, at the owner's or operator's expense, suitable monitoring facilities or equipment that isolates appropriate wastewater discharges into the wastewater system and facilitates accurate observation, sampling and measurement of discharges. The equipment shall be maintained in proper working order and kept safe and accessible without restriction to POTW personnel at all times. Where practical, the monitoring equipment shall be located and maintained on the industrial user's premises outside of the building; and/or
d. 
An industrial user with the potential to discharge flammable substances to install and maintain an approved combustible gas detection meter.
(3) 
Slug discharge control. Facilities to prevent slug discharges shall be provided and maintained at the industrial user's expense. The Town may require industrial users to implement prevention plans to control slug discharges.
(4) 
Notification. After initial approval, industrial users shall provide the following notifications:
a. 
In the case of any discharge, including, but not limited to, spills, accidental discharges, discharges of a non-routine, episodic nature, a non-customary batch discharge, a slug discharge or a discharge that may cause potential problems for the POTW, the industrial user shall immediately telephone and notify the POTW of the incident. The notification shall include:
1. 
Name of the facility;
2. 
Location of the facility;
3. 
Name of the caller;
4. 
Date and time of the discharge;
5. 
Date and time discharge was halted;
6. 
Location of the discharge;
7. 
Type of waste;
8. 
Estimated volume of the discharge;
9. 
Estimated concentration of pollutants in the discharge;
10. 
Corrective actions taken to halt the discharge; and
11. 
Method of disposal, if applicable.
b. 
Within five (5) working days following such discharge under Part (4)(a) of this Subsection, the industrial user shall, unless waived by the Town in writing, submit a detailed written summary describing the cause(s) of the discharge and measures to be taken by the industrial user to prevent similar future occurrences. Such notification shall not relieve the industrial user of any expense, loss, damage or other liability which might be incurred as a result of damage to the POTW, natural resources, or any other damage to persons or property; nor shall such notification relieve the industrial user of any fines, penalties or other liability which may be imposed pursuant to this Article and applicable regulations.
c. 
The industrial user shall notify the Town in advance of any substantial change in the volume or character of pollutants in their discharge and/or of any changes to their facilities affecting the potential for slug discharges and/or accidental release of prohibited discharges.
d. 
The industrial user shall notify the Town, the Colorado Department of Public Health and Environment and Region 8 of the Environmental Protection Agency in writing of any discharge into the POTW of any substance which, if otherwise disposed of, would be considered a hazardous waste under 40 CFR Section 261. Each industrial user shall notify the POTW in advance of any substantial change to such discharge. The specific information required to be reported and the time frames in which it is to be reported are found at 40 CFR Section 403.12(p).
(5) 
Recordkeeping. Industrial users shall retain all records related to discharges for a minimum period of three (3) years. The records shall be made immediately available upon request of the Town at any time during the three (3) year period or so long as actually retained.
(6) 
Time for Compliance. All existing industrial users shall come into compliance with the terms of this Article upon the effective date.
(n) 
Trucked or hauled waste. The Town may regulate trucked and hauled waste to ensure that persons are complying with the terms of this Article and that the Town is acting in compliance with its NPDES Permit.
(o) 
RV disposal stations. The Town may allow recreational vehicle ("RV") disposal sites in the service area if the quality or quantity of the RV waste does not adversely impact the POTW. The Town may require RV disposal sites in the service area to ensure adequate controlled access to its disposal site including locked access, sign-in records for persons discharging from the RV, record keeping by the RV disposal site and other information deemed appropriate.
(p) 
All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this Article shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and/or per EPA approved methods, as referenced in 40 CFR Part 136. Sampling methods, location, times, durations and frequencies are to be determined on an individual basis subject to approval by the Town.
(q) 
No statement contained in this Section shall be construed as preventing any special agreement or arrangement between the Town and any person relating to an industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, except that no such agreement shall be permitted which violates Subsection (c) of this Section or causes or may cause the Town to violate its NPDES Permit or the law.
[Ord. No. 2020-189, 12-21-2020]
(a) 
The Town, by and through duly authorized personnel bearing proper credentials and identification, shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing pertinent to discharge to the POTW system in accordance with the provisions of this Article.
(b) 
Duly authorized Town personnel shall be permitted to obtain information concerning industrial processes which have a direct bearing on the kind and source of discharge to the POTW. All records, reports, data or other information supplied by any person as a result of any disclosure required by this Article or information and data from inspections shall be available for public inspection except as otherwise provided in this Section, 40 CFR Section 403.14 or Colorado law. These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to: processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted which is desired to be considered a trade secret shall have the words, "Confidential Business Information," stamped on each page containing such information. The person must demonstrate to the satisfaction of the Town that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets.
(c) 
Information designated as a trade secret shall remain confidential and shall not be subject to public inspection, except as otherwise required by law. Such information shall be available only to officers, employees or authorized representatives of the Town charged with implementing and enforcing the provisions of this Article and properly identified representatives of the Environmental Protection Agency and or the Colorado Department of Public Health and Environment. Effluent data obtained by self-monitoring, monitoring by the POTW or monitoring by any state or federal agency shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.
(d) 
While performing the necessary work on private properties referred to in Subsection (a) above, duly authorized Town personnel shall observe all safety rules applicable to the premises established by the company and otherwise required by law.
(e) 
The Town, by and through duly authorized personnel bearing proper credentials and identification, shall be permitted to enter all private properties through which the Town holds an easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the wastewater facilities lying within the easement. All entry and subsequent work, if any, on the easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved.
[Ord. No. 2020-189, 12-21-2020]
No person shall abandon any building connection without first obtaining a written permit from the Town. Such building connection shall be abandoned and effectively sealed as appropriate to the material of the building lead, subject to approval and the rules and regulations required by the Town.
[Ord. No. 2020-189, 12-21-2020]
(a) 
No person shall in any way interfere with Town employees in any discharge of their duties with respect to the POTW.
(b) 
No person shall dig up or cause to be dug up any street or alley in the Town for the purpose of connecting with the sewer system, without first obtaining a permit, and no person having a permit shall dig up any portion of any street or alley for the purpose of connecting with the sewer system of the Town and then fail or neglect to replace the street or alley to its original condition.
(c) 
No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the POTW.
(d) 
Any person violating these provisions may be subject to immediate arrest and to any other recourse permitted under this Article, the Code or the law.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Notice of violation. When the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town may serve upon such person a written notice of violation. Within five (5) business days of the receipt of such notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to Town. Submission of such a plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. If the plan for correction submitted by the person is not satisfactory to the Town, the Town may take further action. Nothing herein shall limit the authority of the Town to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
(b) 
Suspension of service.
(1) 
Suspension of service with notice. The Town may suspend wastewater treatment service by disconnecting water service, in order to stop an actual or threatened discharge which presents or may present an imminent or substantial endangerment to the health or welfare of persons or the environment, which causes or may imminently cause pass through, interference or the violation of the Town's NPDES Permit or which results or may imminently result in a violation of any other provision of this Article. Any person notified of a suspension of wastewater treatment service shall immediately stop or eliminate the discharge. In the event of a failure of the person to comply voluntarily with the suspension order, the Town may take such steps as deemed necessary including immediate physical severance of the sewer connection, to prevent or minimize damage to the POTW or endangerment to individuals or the environment.
(2) 
Emergency suspension. The Town may, without prior notice, order wastewater treatment services suspended or physically sever a sewer connection if an actual or proposed discharge immediately and substantially endangers public health, safety or welfare, or the environment, or may likely cause the Town to violate any condition of its NPDES Permit or the law. Any such emergency suspension order shall become effective immediately, and any person notified of such suspension shall immediately stop or eliminate all discharge of industrial waste. In such emergency situations, the Town is authorized to prevent or minimize danger or property damage.
(c) 
Administrative orders and penalties.
(1) 
Administrative orders. When the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town may issue an order to the person responsible for the discharge directing that such person immediately, or within a time specified by the Town, come into compliance. If the person 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 may also contain other requirements to address the noncompliance, 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 otherwise required by the provisions of this Article or required to ensure that the Town remains in compliance with the NPDES Permit, nor does a compliance order relieve the person of liability for any violation, including any continuing violation during the time it takes the person to come into compliance. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the person.
(2) 
Administrative penalties. When the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town may fine such person in an amount not to exceed the amount set forth in Article IV of Chapter 1 of the Code. Such fines shall be assessed on a per-violation, per day basis. The Town may, in addition to fines, collect charges to pay for damage to the POTW, fines issued to the POTW as a result of such person's noncompliance and any other costs incurred by the Town or the POTW as a result of such person's noncompliance. A lien against the person's property may be sought for unpaid charges, fines, and penalties. The issuance of an administrative fine shall not be a bar against, or prerequisite for, taking any other action against the person.
(d) 
Appeal of administrative orders or penalties.
(1) 
A person who disputes an administrative order or administrative penalty made by or on behalf of the Town pursuant to and by the authority of this Article may petition for a hearing in accordance with this Article.
(2) 
Limitation. Notwithstanding the right to appeal, the Town may take any action deemed necessary during the pendency of the appeal to allow the Town to remain in compliance with the Town's NPDES Permit, to prevent or mitigate damage to the POTW and to protect the health, safety, or welfare of the public, including, but not limited to, discontinuing wastewater treatment services or physically severing of the sewer connection.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Petition. A person who disputes an administrative order or an administrative penalty may petition for a hearing. The petition shall be in writing, filed with the Town Clerk and contain facts in support of the position alleged therein. The petition shall be submitted under oath in writing or orally at the duly scheduled hearing. A person may only file one petition in connection with a particular dispute, except upon a showing of changed circumstances sufficient to justify the filing of an additional petition.
(b) 
Hearing. The Town Manager shall hold a hearing on the petition or designate another person as a hearing officer with authority to hold such hearing. The hearing shall be held within a reasonable time after the filing of a petition at the Town Hall or other place as designated by the hearing officer, and notice thereof and the proceedings shall otherwise be in accordance with the rules and regulations issued by the Town. The petitioner shall have the burden of proof.
(c) 
Final order. Within fourteen (14) days of a hearing, the hearing officer shall make written findings of fact and conclusions based upon all relevant information contained in the petition and presented at the hearing. The hearing officer's determination shall be considered a final order, which may, within ten (10) days of its issuance, be appealed to the Town Council.
(d) 
Appeal of the final order. An appeal to the Town Council shall be in writing and filed with the Town Clerk, setting forth the specific errors and omissions of the hearing officer in such hearing officer's final order. At the time of filing, the appellant must pay the docket fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule. Written notice of the hearing shall be given to all parties concerned at least (5) days prior to the hearing. The appellant shall have burden of proof on an appeal. The Town Council shall make its final determination and affirm, modify or reverse the final order.
(e) 
Service. Service by certified mail, return receipt requested, shall be conclusive evidence of service for the purpose of this Article. Service may also be accomplished by electronic mail on the condition that the recipient acknowledges receipt of the electronic mail.
(f) 
Limitation. Notwithstanding the right to appeal, the Town may take any action deemed necessary during the pendency of the appeal to allow the Town to remain in compliance with the Town's NPDES Permit, to prevent or mitigate damage to the POTW and to protect the health, safety, or welfare of the public, including, but not limited to, discontinuing wastewater treatment services or physically severing of the sewer connection.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Injunctive relief. When the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town Manager may petition the court for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of an administrative order issued hereunder or any other requirement imposed by this Article, by the Town's NPDES Permit or by law. The Town Manager may also seek such other action as is appropriate, including pursuing legal recourse to require the person in violation to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against such person.
(b) 
Action at law. When the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town Manager may commence an action at law in a court of competent jurisdiction. An action at law shall not be a bar against, or a prerequisite for, taking any other action against such person.
(c) 
Municipal court. Without limitation to other potential remedies, when the Town finds that a person has violated, or continues to violate, any provision of this Article, the Town's NPDES Permit or any other order under this Article, the Town Manager may direct that the person be served a summons and issued a citation into the Johnstown Municipal Court and be subject to the penalties set forth in Article IV of Chapter 1 of the Code.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Monthly sewer service charges for residential and nonresidential customers are hereby levied and assessed at the rates set forth by resolution of the Town Council in the Town Fee Schedule.
(b) 
In addition to monthly sewer service charges, customers that discharge wastes with BOD and suspended solids concentrations above normal domestic wastes shall be assessed a surcharge in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
(c) 
Sewer service charges for industrial users who desire treatment of domestic wastewater only are hereby levied and shall be assessed by the Town in an amount that is based upon the number of persons employed by the industrial user. The Town Manager shall implement a uniform methodology to calculate such charges, which methodology shall be available to the user.
[Ord. No. 2020-189, 12-21-2020]
(a) 
Applicants for sewer service shall pay a sewer tap fee at the time that a building permit is issued.
(b) 
Except as provided below, sewer tap fees shall be determined in accordance with the meter capacity recommended for the related water meter and shall be set forth by resolution of the Town Council in the Town Fee Schedule.
(c) 
Because water use and wastewater flows for larger meters varies widely depending on the type of customer, sewer tap fees for meters ranging from four (4) inches to eight (8) inches shall be determined by the Town on a case-by-case basis.
[Ord. No. 2020-190, 12-20-2020]
(a) 
Purpose. To foster growth and development in and around the area generally located along, near and in relative close proximity to State Highway 60 and expand the ability to deliver wastewater flows to the Central Wastewater Treatment Plant, the Town, acting on behalf of the Sanitary Sewer Utility Enterprise, desires to undertake the design, construction and installation of significant regional sanitary sewer infrastructure improvements that will benefit property owners in the geographic area and recover the cost of such improvements from benefitted property owners.
(b) 
Definitions. For purposes of this Section, the following definitions apply:
BENEFITTED PROPERTY
Means a parcel of land, of whatever size and whatever designation, that is subject to a building permit in the Region.
BUILDING PERMIT
Means a building permit issued in accordance with the Code before building or construction activity may be initiated on a Benefitted Property.
CENTRAL WASTEWATER TREATMENT PLANT or CENTRAL WWTP
Means the wastewater treatment plant located east of the Town along State Highway 60, as may be subsequently replaced, expanded, upgraded or renamed.
IMPROVEMENTS
Means the infrastructure designed, constructed and installed in the Region to expand the sanitary sewer system and deliver additional wastewater to the Central WWTP and includes, without limitation: (i) a sanitary sewer interceptor line from the Johnstown Farms development to the Central WWTP; (ii) a sanitary sewer interceptor line generally located at I-25 to the Central WWTP north of State Highway 60; and (iii) a sanitary sewer interceptor line generally located from I-25 along State Highway 60 to a newly constructed lift station at Johnstown Farms.
PROPERTY OWNER(S)
Means the current and future owner or developer of Benefitted Property in the Region.
REGION
Means the sewer shed basin wherein wastewater is treated at the Central WWTP and includes property generally located in the southern portion of the Town along, near and in relative close proximity to State Highway 60. The Region is depicted on Appendix A to this Article, which may be amended from time to time by resolution of the Town Council.
REGIONAL SEWER FEE
Means the special fee imposed upon property owners in the Region to reimburse the Town for cost of designing, constructing and installing the Improvements.
SFE
Means "single family equivalent" and is a number related to the volume of wastewater generated by an average dwelling unit housing not more than three and one-half persons. The SFE unit value assigned to an average single-family detached dwelling unit is generally one. In the Town's discretion, the SFE unit value assigned to any particular dwelling unit may be greater than, equal to or less than one. The SFE unit value assigned to non-residential uses shall be based on the Town's estimated volume of wastewater generated by such uses as compared to the generation of wastewater by an average single-family detached dwelling unit.
(c) 
Establishment and payment of special fee.
(1) 
There is hereby established a special fee known as the Regional Sewer Fee.
(2) 
The Regional Sewer Fee shall be levied and assessed in the amount of $9,500 per SFE and shall be due and payable as provided by resolution of the Town Council in the Town Fee Schedule.
(3) 
The Regional Sewer Fee shall be paid by property owners in the Region at the time of issuance a building permit.
(d) 
Prepayment of fee. To incentive prepayment and reduce the cost of financing the Improvements, in lieu of the payment of the Regional Sewer Fee at the time of issuance of a building permit, upon request of the property owner or developer, the Town Council may reduce the Regional Sewer Fee when the owner or developer of a large subdivision prepays all or a significant portion of the Regional Sewer Fees due and owning for each dwelling unit or other type of development in the subdivision.
(e) 
Exemption from payment of fee. If a request is made upon application for a building permit, property owners shall not be required to pay the Regional Sewer Fee for the following building permits:
(1) 
Alterations or expansion of existing buildings where no additional dwelling units are created or square footage added;
(2) 
The construction of accessory buildings or structures that do not add dwelling units or square footage to the principal building or use of the land;
(3) 
The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the same square footage; or
(4) 
Additional residential dwelling units in existing established subdivisions or on property subject to approved final plats wherein the Town committed to provide water and sewer service pursuant to a water and sewer service agreement executed prior to January 1, 2021.
(f) 
Use of funds; accounting. The revenues recognized from the Regional Sewer Fee shall be remitted to the Sanitary Sewer Utility Enterprise and deposited in the Sanitary Sewer Enterprise Fund. The funds shall be used solely for the cost of the Improvements and shall not be used for the operation and maintenance of the sanitary sewer system or for any other purpose. The Town, acting on behalf of the Enterprise, shall keep an accurate accounting of the cost of the Improvements and the revenues collected from the Regional Sewer Fee.
(g) 
Fee not an impact fee or development charge. The Town Council does not intend that the Regional Sewer Fee be construed as an impact fee or development charge within the meaning of Section 29-20-104.5, C.R.S., as amended, but that the Regional Sewer Fee be a special fee within the home rule authority of the Town. To the extent that the provisions of Section 29-20-104.5, C.R.S., as amended, conflict with the provisions of this section, the section shall control.