Article 1 Trash Service
Sec. 13-1-10 Definitions
Sec. 13-1-20 Rubbish removal service
Sec. 13-1-30 Contract
Sec. 13-1-40 Sole provider of service
Sec. 13-1-50 User fee
Sec. 13-1-60 Receiving rubbish removal service
Sec. 13-1-70 Rules and regulations for rubbish removal
Sec. 13-1-80 Unauthorized removal of rubbish or recyclables
Sec. 13-1-90 Lien
Article 2 Wastewater Service
Sec. 13-2-10 Purpose
Sec. 13-2-20 Determining operation and maintenance costs
Sec. 13-2-30 Determining wastewater service charge
Sec. 13-2-40 Payment of wastewater service charge and penalties
Sec. 13-2-50 Review of wastewater service charge
Sec. 13-2-60 Report of charges
Sec. 13-2-70 Wastes prohibited
Sec. 13-2-80 Prohibition of clear water connections
Sec. 13-2-90 Design and construction of new sewers and connections
Article 3 Wastewater Regulations
Sec. 13-3-10 Definitions
Sec. 13-3-20 Use of public sewers required
Sec. 13-3-30 Sanitary sewers, building sewers and connections
Sec. 13-3-40 Prohibited discharges in sanitary sewer
Sec. 13-3-50 Metro regulations incorporated
Sec. 13-3-60 Destruction of property
Sec. 13-3-70 New sewers and connections
Sec. 13-3-80 Powers and authority of inspectors
Sec. 13-3-90 Hearing board
Sec. 13-3-100 Penalties
Article 4 Industrial Wastewater Regulations
Division 1 General Provisions
Sec. 13-4-10 Purpose and policy
Sec. 13-4-20 Definitions
Sec. 13-4-30 Abbreviations
Division 2 Regulations
Sec. 13-4-110 General discharge prohibitions
Sec. 13-4-120 National Categorical Pretreatment Standards
Sec. 13-4-130 Specific pollutant discharge standards
Sec. 13-4-140 State requirements
Sec. 13-4-150 Town’s right of revision
Sec. 13-4-160 Excessive discharge
Sec. 13-4-170 Accidental discharges
Division 3 Wastewater Contribution Permits
Sec. 13-4-210 Permit required
Sec. 13-4-220 Permit application
Sec. 13-4-230 Permit issuance
Sec. 13-4-240 Permit denial; hearing
Sec. 13-4-250 Permit conditions
Sec. 13-4-260 Permit modifications
Sec. 13-4-270 Permit duration
Sec. 13-4-280 Permit transfer prohibited
Sec. 13-4-290 Reporting requirements for permittee
Sec. 13-4-300 Monitoring facilities
Sec. 13-4-310 Inspection and sampling
Sec. 13-4-320 Pretreatment
Sec. 13-4-330 Confidential information
Division 4 Enforcement
Sec. 13-4-410 Harmful contributions
Sec. 13-4-420 Revocation of permit
Sec. 13-4-430 Notification of violation
Sec. 13-4-440 Show-cause hearing
Sec. 13-4-450 Legal action
Division 5 Fees and Penalties
Sec. 13-4-510 Purpose
Sec. 13-4-520 Charges and fees
Sec. 13-4-530 Penalties
Sec. 13-4-540 Falsifying information
Article 5 Utility Transfer Fee
Sec. 13-5-10 Purpose
Sec. 13-5-20 Fee established
Sec. 13-5-50 Liens
(also see Ordinances 2009-3, 2009-4 and 2009-5 for Amendments to this Article 5)
Article 6 Wastewater Activity Enterprise
Sec. 13-60 Establishment of Enterprise
Sec. 13-61 Enterprise excluded from the provisions of the Amendment
Sec. 13-62 Governing body
Sec. 13-63 Powers of Enterprise
Sec. 13-64 Wastewater enterprise Fund established
Sec, 13-65 Enterprise obligations and town obligations
Sec. 13-66 Transactions in the name of the town
Sec, 13-67 Findings of the Town Council
Sec. 13-68 Ratification
Sec. 13-69 Termination
Sec. 13-1-10. Definitions.
As used in this Article:
Commercial user means any industrial or commercial establishment or multifamily residence
of eight (8) or more units.
Disposal company means any sole proprietorship, partnership or company that the Town
contracts with to provide the exclusive removal of household waste, garbage, rubbish, waste
matter, ashes, grass clippings, leaves, trees, bush trimmings and Christmas trees.
Recyclable materials means newspaper, magazines, cardboard, telephone books, loose paper,
glass containers, steel cans, plastic, aluminum cans and scraps, reusable clothing or household
Residential unit means any resident that is not an industrial or commercial establishment or
multifamily residences of eight (8) or more units.
Rubbish means household waste, garbage, rubbish, waste matter, ashes, grass clippings, leaves,
trees, bush trimmings and Christmas trees, including any recycling program. (Ord. 95-11 §1; Ord.2007-4 §1)
Sec. 13-1-20. Rubbish removal service.
The Town or the disposal company shall furnish rubbish removal as provided in this Article to all
residential units within the Town. The owner of a residential unit shall pay a monthly or quarterly
user fee, and administration and maintenance fee, effective January 1, 1996. All commercial users
may choose to use the Town or the disposal company for rubbish removal. If a commercial user
elects to use the disposal company, it shall be subject to all the requirements of this Article. (Ord. 95-
11 §1; Ord. 2007-4 §1)
Sec. 13-1-30. Contract.
(a) From time to time, the Town Council may enter into an exclusive contract or agreement with
a disposal company for the collection and disposal of rubbish for residential units within the Town, or
the Town may, in its discretion, make provisions for the collection and disposal of the rubbish.
(b) Prior to the expiration of any Town contract with a disposal company, the Town Council
may, at its discretion, either renew or continue to contract with the current disposal company or, in
the alternative, place the Town’s disposal contract out to public bid in the manner described below.
(1) No later than sixty (60) days before the expiration of an existing disposal contract, the
Town Council may direct the Town Clerk to publish a one-time notice in a newspaper of local
circulation requesting eligible disposal companies to submit a bid for service to the Town. The
notice shall describe the portion of the Town to which residential disposal service is to be
provided, direct interested service providers to contact the Town Clerk to receive a request for
proposal, and shall provide a date certain by which all proposals must be received by the Town.
(2) In determining the award of the contract, the Town Council may consider, without
limitation, the bidder’s price, quality of service, past performance, community business reputation,
solvency and any other factors deemed relevant by the Town Council. (Ord. 95-11 §1; Ord. 98-6§1)
Sec. 13-1-40. Sole provider of service.
The Town shall be the sole agency for the collection and disposal of residential rubbish, and no
disposal company unless authorized by the Town shall collect or dispose of any garbage or waste
matter. Nothing in this Section shall relieve any contractor of the obligation of cleaning up the
premises after completion of his or her contract. Furthermore, nothing in this Section shall prevent an
individual from hauling his or her own waste material, provided that it is properly disposed of in
conformity with all Town regulations and that such individual is subject to all other provisions of this
Section. (Ord. 95-11 §1)
Sec. 13-1-50. User fee.
(a) The Town shall establish a user fee for the removal of rubbish from residential units by
regulations. The Town shall also establish an administration and maintenance fee. The owner shall
be solely responsible for such user fee. A bill for the basic rubbish removal services shall be sent to
the owner’s address prior to the first of each month or quarter. The bill shall be delinquent if the
Town does not receive it by the thirtieth day of the month and the owner shall pay a late fee, which
will be determined by the Town Council.
(b) Payment for rubbish removal services, shall be made in advance. The monthly or quarterly
bill shall be for the services to be provided during the next month or quarter. (Ord. 95-11 §1; Ord.2007-4 §1)
Sec. 13-1-60. Receiving rubbish removal service.
Except for holidays, the disposal company shall provide weekly rubbish removal services to the
residential units. If a residential unit is occupied in any given month or quarter, it shall be deemed
that it is receiving rubbish removal services and the residential unit owner shall be responsible for the
user fee. (Ord. 95-11 §1)
Sec. 13-1-70. Rules and regulations for rubbish removal.
The Town Council may, by resolution, promulgate rules and regulations relating to the manner of
preparing and accumulating rubbish for collection; the type and kind of containers to be used for such
accumulation; the manner of use of and care for such containers; and such other rules and regulations
as, in its discretion, are necessary or desirable in the interest of maintaining efficiency and sanitary
conditions for the rubbish services within the Town. Such resolutions, when adopted, shall be of the
same force and effect as if incorporated in this Section. (Ord. 95-11 §1)
Sec. 13-1-80. Unauthorized removal of rubbish or recyclables.
(a) It is unlawful for any person to remove, handle or otherwise disturb any rubbish or rubbish
containers or the contents thereof. However, this Section does not apply to the owner, occupant,
lessee or tenant of the resident or dwelling placing the containers and contents for disposal; or an
authorized disposal company.
(b) It is unlawful for any person to take possession and remove any recyclable materials that are
plainly marked with the name of the disposal company. However, this Section does not apply to the
owner, occupant, lessee or tenant of the resident or dwelling placing the containers and contents for
disposal; or an authorized disposal company.
(c) Violation of this Section shall be punishable by a fine not to exceed the amount set forth in
Section 1-6-20 of this Code. (Ord. 95-11 §1)
Sec. 13-1-90. Lien.
Unpaid user fees imposed by this Article shall be a first and prior lien on the real and tangible
personal property assessed against each lot or tract of land receiving rubbish removal services and
shall have priority over all other liens except general liens. The Town shall be authorized to use all
legal means to enforce the lien. (Ord. 95-11 §1)
Sec. 13-2-10. Purpose.
The purpose of this Article shall be to generate sufficient revenue to pay for all costs incurred by
the Town in its provision of wastewater services. The costs shall be distributed to all users of the
wastewater system in proportion to each user’s relative contribution to the total loading of the
treatment works. Ord. 2006-13 §2)
Sec. 13-2-20. Determining operation and maintenance costs.
The Town shall determine the total annual costs incurred by the Town in providing wastewater
services. The total annual cost of providing services shall include but need not be limited to the
annual cost of contracting for wastewater services, operation and maintenance, labor, repairs,
equipment replacement, necessary modifications, power, sampling, laboratory tests and a reasonable
contingency fund. (Ord. 2006-13 §2)
Sec. 13-2-30. Determining wastewater service charge.
(a) Residential users shall be a class of user.
(1) A flat rate service charge shall be determined for all residential users based on the rates set
by Metro Wastewater Reclamation District or the Town’s current wastewater treatment provider.
The residential flat rate service charge is set at one hundred dollars ($100.00) per unit, which
amount may be amended from time to time by resolution of the Town Council.
(2) The service charge shall be assessed on a per-unit basis and shall include a minimum
annual fee based on the rates set by Metro Wastewater Reclamation District or the Town’s current
wastewater treatment provider.
(3) The Town Council may classify industrial, commercial and other nonresidential
establishments as a residential user; provided that the water consumption of these establishments
is known to be equivalent to that of an average residential user.
(b) Commercial users shall be a class of user.
(1) Rates for commercial users shall include a minimum annual fee and shall be calculated
based on a formula provided by Metro Wastewater Reclamation District or the Town’s current
wastewater treatment provider, which formula shall consider gallons of water actually consumed
per user, the type of business and each commercial user’s FLOW, BOD, SS, TKN and CEU, as
such terms are defined in Paragraph (3) below.
(2) The minimum annual charge for commercial users shall be one hundred dollars ($100.00)
per unit, which amount may be amended from time to time by resolution of the Town Council.
a. FLOW means flow of sewage.
b. BOD means biochemical oxygen demand.
c. SS means Suspended Solids.
d. TKN means Total Kjeldahl Nitrogen.
e. CEU means Consumer Equivalent Units. (Ord. 2006-13 §2; Ord. 2007-4 §1)
Sec. 13-2-40. Payment of wastewater service charge and penalties.
The Town shall submit to each user on a quarterly basis a bill for the user’s annual wastewater
service charges. All bills are due and payable within four (4) weeks of the date that the billing
statement is mailed. Delinquent accounts shall be assessed a late penalty in accordance with
Resolution No. R2005-4, as from time to time amended by resolution of the Town Council. (Ord.
Sec. 13-2-50. Review of wastewater service charge.
The Town shall review the total annual cost of contracting for wastewater services, operation and
maintenance on an annual basis and shall recalculate the amounts charged to ensure that sufficient
funds are obtained each year to adequately pay for all costs incurred by the Town in its provision of
wastewater services. (Ord. 2006-13 §2)
Sec. 13-2-60. Report of charges.
Not less than once annually, the Town shall provide to each user billed by the Town a statement of
wastewater charges collected for services. (Ord. 2006-13 §2; Ord. 2007-4 §1)
Sec. 13-2-70. Wastes prohibited.
The discharge of any waters containing toxic or poisonous solids, 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 a public nuisance or create any
hazard in the receiving waters of the wastewater treatment plant is hereby prohibited. (Ord. 83-3 §10;
Ord. 2007-4 §1)
Sec. 13-2-80. Prohibition of clear water connections.
No person shall make connection of roof downspouts, exterior foundation drains, areaway drains
or other sources of surface runoff or groundwater to a building sewer or building drain which in turn
is connected directly or indirectly to a public sanitary sewer. (Ord. 83-3 §11)
Sec. 13-2-90. Design and construction of new sewers and connections.
The size, slope, alignment and materials for construction of all sanitary sewers and sewer
connections and the methods to be used in excavations, 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 and the State. In the absence of code provisions or
in amplification thereof, the materials and procedures set forth in appropriate specifications of the
A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply. (Ord. 83-3 §12; Ord. 2007-4 §1)
Sec. 13-3-10. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this Article shall
be as follows:
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 (20)
degrees Centigrade, 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 or surface
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. A wastewater shall be considered
free of floatable fat if it is properly pretreated and the wastewater does not interfere with the
Garbage means the animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods.
Hearing board means that board appointed according to the provisions of Section 13-3-90 of
Industrial wastes means the wastewater from industrial processes, trade or business as distinct
from domestic or sanitary wastes.
Natural outlet means any outlet, including storm sewers and combined sewer overflows, into a
watercourse, pond, ditch, lake or other body of surface or groundwater.
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. Neutral water, for
example, has a pH value of 7 and a hydrogen ion concentration of 107.
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 (1/2)
inch (1.27 centimeters) in any dimension.
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. The preferred term is wastewater.
Sewer means a pipe or conduit that carries wastewater or drainage water.
Slug 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, and shall adversely affect the collection system and/or performance of the
wastewater treatment works.
Storm drain (sometimes termed storm sewer) means a drain or sewer for conveying water,
groundwater, subsurface water or unpolluted water from any source.
Superintendent means the Director of Public Works or his or her authorized deputy, agent or
Suspended solids means total suspended matter that either floats on the surface of or is in
suspension in water, wastewater or other liquids, and that is removable by laboratory filtering as
prescribed in “Standard Methods for the Examination of Water and Wastewater” and referred to as
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 and would not be
benefited by discharge to the sanitary sewers and wastewater treatment facilities provided.
Wastewater means the spent water of a community. From the standpoint of source, it may be a
combination of the liquid and water-carried wastes from residences, commercial buildings,
industrial plants and institutions, together with groundwater, surface water and stormwater that
may be present.
Wastewater facilities means the structures, equipment and processes required to collect, carry
away and treat domestic and industrial wastes and dispose of the effluent.
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, wastewater treatment plant or water pollution control plant.
Watercourse means a natural or artificial channel for the passage of water either continuously
or intermittently. (Ord. 83-2; Ord. 2007-4 §1)
Sec. 13-3-20. Use of public sewers required.
(a) It is 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, garbage or other objectionable waste.
(b) It is 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 is 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 or combined sewer of
the Town within four hundred (400) feet of the subject property, are hereby required, at the owners’
expense, to install suitable toilet facilities therein and to connect such facilities directly with the
proper public sewer in accordance with the provisions of state law. (Ord. 83-2)
Sec. 13-3-30. Sanitary sewers, building sewers and connections.
(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 written permit from the Director of
(b) There shall be two (2) classes of building sewer permits: (1) for residential and commercial
service; and (2) for service to establishments producing industrial wastes. In either case, the owner or
his or her agent shall make application on a special 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 Director of Public Works. A permit and inspection fee as required by
M.S.I.D. shall be paid at the time the application is filed.
(c) All costs and expense 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 one (1) 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 one (1) building sewer but the Town does not and will not assume any obligation or responsibility
for damage caused by or resulting from any such single connection aforementioned.
(e) Old building sewers may be used in connection with new buildings only when they are found,
on examination and test by the Director of Public Works, 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 building and plumbing code or other applicable rules
and regulations of the Town and the State. In the absence of suitable code provisions or in
amplification thereof, the materials and procedures set forth in appropriate specifications of the
A.S.T.M. and W.P.C.F. 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 groundwater to a building sewer or building drain which in turn is
connected directly or indirectly to a public sanitary sewer unless such connection is approved by the
Director of Public Works for purposes of disposal of polluted surface drainage.
(i) The connection of the building sewer into the public sewer shall conform to the requirements
of the building and plumbing code, other applicable rules and regulations of the Town or the
procedures set forth in the appropriate specifications of the A.S.T.M. and the W.P.C.F. Manual of
Practice No. 9. All such connections shall be made gastight and watertight and verified by proper
testing. Any deviation from the prescribed procedures and materials must be approved by the
Director of Public Works before installation.
(j) The applicant for the building sewer permit shall notify the Director of Public Works 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 Director of Public Works.
(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 restored in a manner satisfactory to the Town.
(Ord. 83-2; Ord. 2007-4 §1)
Sec. 13-3-40. Prohibited discharges in sanitary sewer.
(a) Prohibited materials. It is unlawful for any person to cause to be discharged into the sanitary
sewerage the following:
(1) Sewage of such nature and at such rate as to impair the hydraulic capacity of any part of
the sanitary sewerage system of the Town, the City and County of Denver or Metropolitan Denver
Sewage Disposal District No. 1.
(2) Sewage of such quantity, quality or other nature as to create flammable, explosive or
corrosive conditions in any part of the sanitary sewage systems of the Town, the County of Denver
or Metropolitan Denver Sewage Disposal District No. 1.
(3) Sewage containing any radioactive substance, garbage, night soil or septic tank pumpage,
except pursuant to rules and regulations established by the Director of Public Works.
(4) Any solid or viscous material which could cause an obstruction to the flow or interfere
with the normal treatment process in any part of the sanitary sewage systems of the Town, the City
and County of Denver or Metropolitan Denver Sewage Disposal District No. 1.
(5) Sludge or other material from sewage or industrial waste treatment plants, or from water
(6) Water which is the discharge from sump pumps or which has been used for cooling, heat
transfer purposes, condensation, air conditioning, refrigeration or similar use.
(7) Any liquid or vapor having a temperature that may cause an odor nuisance.
(8) Water or wastes containing grease, oil or other substance that may solidify and clog or
interfere with the treatment process of any part of the sanitary sewerage system of the Town, the
City and County of Denver or Metropolitan Denver Sewage Disposal District No 1.
(9) Wastes with phenolic compounds, sulfides, cyanides or compounds capable of liberating
hydrocyanic acid gas in excess of limits established by the Director of Public Works.
(10) Wastes that contain a corrosive, noxious or malodorous material, concentrated dye or
substance capable of causing damage.
(11) Water or wastes containing the discharge of acid iron pickling wastes or plating solutions
unless pretreated to standards established by the Director of Public Works.
(12) Wastes which are unusual in composition and conducive to creating tastes or odors in
drinking water supplies or otherwise making such waters unpalatable even after conventional
sewage and water purification treatment.
(13) Waters containing toxic or poisonous solids, liquids or gases in sufficient quantity, either
singly or by interaction with other wastes, to contaminate the sludge of the sewerage system of the
Town, the City and County of Denver or Metropolitan Denver Sewage Disposal District No. l, or
that injure or interfere with any sewage treatment process, constitute a hazard to humans or
animals, create a public nuisance or create any hazard in or have an adverse effect on the waters
receiving any discharge from the treatment works of such entities.
(14) Any other material or substance not specifically named in this Subsection which in itself
is corrosive, irritating to humans and animals, toxic, noxious, prohibited by federal law, rules or
regulations or which by interaction with other wastes can produce undesirable effects, including
deleterious action or effect on the sanitary sewerage system of the Town, the City and County of
Denver, Metropolitan Denver Sewage Disposal District No. 1 or the receiving stream, or could
constitute a hazard to humans or animals.
(b) Stormwater. It is unlawful for any person to discharge or cause to be discharged into the
sanitary sewerage system, except in areas of existing combined sewers, any stormwater drainage from
the ground surface, roof leaders, catch basins or any other source, or subsurface drainage or
(c) Unpolluted water. It is unlawful to discharge through a direct or indirect connection to a
public sanitary sewer, without a permit issued by the Town, unpolluted water, including but not
limited to cooling water, process water or blow down from cooling towers or evaporative coolers.
(d) Clear water connections. It is unlawful to make connection of roof downspouts, exterior
foundation drains, areaway drains or other sources of surface runoff or groundwater to a building
sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer.
(e) Discharge through building sewer only. It is unlawful to discharge any substance directly
into a manhole or other opening in a public sewer other than through an approved building sewer.
(f) Permit for discharge of holding tank waste. It is unlawful to discharge any holding tank
waste into the public sewer system without a permit issued by the Town. Unless otherwise allowed
by the Town under the terms and conditions of the permit, a separate permit must be secured for each
separate discharge. The permit shall state the specific location of discharge, the time of day the
discharge is to occur, the volume of the discharge and the wastewater constituents and characteristics.
If a permit is granted for discharge of such waste into the public sewer system, the permittee shall pay
the applicable charges and fees and shall meet such other conditions as required and set forth by the
(g) Liability for discharge of toxic pollutants. Each user which discharges any toxic pollutants
which cause an increase in the cost of managing the effluent or the sludge of the City and County of
Denver or Metropolitan Denver Sewage Disposal District No. 1 treatment works shall pay for such
increased costs. (Ord. 83-2; Ord. 2007-4 §1)
Sec. 13-3-50. Metro regulations incorporated.
The Director of Public Works shall specifically enforce as a regulation under this Article the
Deleterious Waste provisions of Metropolitan Denver Sewage Disposal District No. 1 as set forth in
the current series of its service contract, which is hereby incorporated by reference and made a part
hereof. (Ord. 83-2)
Sec. 13-3-60. Destruction of property.
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 wastewater facilities.
Any person violating this provision shall be subject to immediate arrest under charge of disorderly
conduct. (Ord. 83-2)
Sec. 13-3-70. New sewers and connections.
The size, slope, alignment, materials of construction of all sanitary sewers and sewer connections
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 code or other applicable
rules and regulations of the Town and the State. In the absence of code provision or in amplification
thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and
W.P.C.F. Manual of Practice No. 9 shall apply. It is unlawful to violate these provisions. (Ord. 83-2)
Sec. 13-3-80. Powers and authority of inspectors.
(a) The Director of Public Works and other duly authorized employees of the Town 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 community
system in accordance with the provisions of this Article.
(b) The Director of Public Works or other duly authorized employees are authorized to obtain
information concerning industrial processes which have a direct bearing on the kind and source of
discharge to the wastewater collection system. The industry may withhold information considered
confidential. The industry must establish that the revelation to the public of the information in
question might result in an advantage to competitors.
(c) While performing the necessary work on private properties referred to in Subsection (a)
above, the Director of Public Works or duly authorized employees of the Town shall observe all
safety rules applicable to the premises established by the company, and the company shall be held
harmless for injury or death to the Town employees. The Town shall indemnify the company against
loss or damage to its property by Town employees and against liability claims and demands for
personal injury or property damage asserted against the company growing out of the gauging and
sampling operation, except as such may be caused by negligence or failure of the company to
maintain safe conditions.
(d) The Director of Public Works and other duly authorized employees of the Town bearing
proper credentials and identification shall be permitted to enter all private properties through which
the Town holds a duly negotiated easement for the purposes of, but not limited to, the inspection,
observation, measurement, sampling, repair and maintenance of any portion of the wastewater
facilities lying within said easement. All entry and subsequent work, if any, on said easement shall be
done in full accordance with the terms of the duly negotiated easement pertaining to the private
property involved. (Ord. 83-2; Ord. 2007-4 §1)
Sec. 13-3-90. Hearing board.
(a) A hearing board shall be appointed as needed for arbitration of differences between the
Director of Public Works and sewer users on matters concerning interpretation and execution of the
provisions of this Article by the Director of Public Works. The cost of the arbitration will be divided
equally between the Town and the sewer user.
(b) One (1) member of the board shall be a registered professional engineer; one (1) member
shall be a practicing sanitary engineer; one (1) member shall be a representative of industry or
manufacturing enterprise; one (1) member shall be a lawyer; and one (1) member shall be selected at
large for his or her interest in accomplishing the objectives of this Article. (Ord. 83-2)
Sec. 13-3-100. Penalties.
(a) Any person found to be violating any provision of this Article except Section 13-3-60 shall be
served by the Town with written notice of the nature of the violation and providing a reasonable time
limit for the satisfactory correction thereof. The offender shall, within the period of time stated in
such notice, permanently cease all violations.
(b) Any person who shall continue any violation beyond the time limit provided for in
Subsection (a) above shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the
amount not exceeding three hundred dollars ($300.00) for each violation. Each day in which any
such violation shall continue shall be deemed a separate offense.
(c) Any person violating any of the provisions of this Article shall become liable to the Town for
any expense, loss or damage occasioned the Town by reason of such violation. (Ord. 83-2)
Industrial Wastewater Regulations
Sec. 13-4-10. Purpose and policy.
(a) This Article sets forth uniform requirements for direct and indirect contributors into the
wastewater collection system for the Town and enables the Town to comply with all requirements of
the Metro District, applicable state laws and the general pretreatment regulations issued pursuant to
the Clean Water Act of 1977.
(b) The objectives of this Article are:
(1) To prevent the introduction of pollutants into the municipal wastewater system which will
interfere with the operation of the system or contaminate the resulting sludge;
(2) To prevent the introduction of pollutants into the municipal wastewater system which will
pass through the system, inadequately treated, into receiving waters or the atmosphere or
otherwise be incompatible with the system;
(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from the
(4) To provide for the equitable distribution of the cost of operating the municipal wastewater
(c) This Article provides for the regulation of direct and indirect contributors to the municipal
wastewater system through the issuance of permits to certain nondomestic users and through
enforcement of general requirements for the other users, authorizes monitoring and enforcement
activities, requires user reporting and provides for the setting of fees for the equitable distribution of
costs resulting from the program established herein.
(d) This Article shall apply to the Town and to persons outside the Town who are users of the
Town POTW. Except as otherwise provided herein, the Director of Public Works shall administer,
implement and enforce the provisions of this Article. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-20. Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as used in
this Article, shall have the meanings hereinafter designated:
Act means the Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. § 1251, et seq.
Approval authority means the Director of the Water Quality Control Division of the Colorado
Department of Public Health and Environment or the Regional Administrator of the EPA.
Authorized representative of industrial user may be: a) a principal executive officer of at least
the level of vice president, if the industrial user is a corporation; b) a general partner or proprietor
if the industrial user is a partnership or proprietorship, respectively; or c) a duly authorized
representative of the individual designated above if such representative is responsible for the
overall operation of the facilities from which the wastewater discharge originates.
Biochemical oxygen demand (BOD) means the quantity of oxygen utilized in the biochemical
oxidation of organic matter under standard laboratory procedure, five (5) days at twenty (20)
degrees Centigrade expressed in terms of weight and concentration (milligrams per liter [mg/l]).
Building sewer means a sewer conveying wastewater from the premises of a user.
Categorical Standards means the National Categorical Pretreatment Standards or Pretreatment
Cooling water means the water discharged from any use such as air conditioning, cooling or
refrigeration, or to which the only pollutant added is heat.
Director of Public Works means the person designated by the Town to supervise the operation
of the POTW and who is charged with certain duties and responsibilities by this Article, or his or
her duly authorized representative.
Environmental Protection Agency or EPA means the Federal Environmental Protection
Holding tank waste means any waste from holding tanks such as vessels, chemical toilets,
campers, trailers, septic tanks and vacuum-pump tank trucks.
Industrial user means any nondomestic source discharging pollutants into a POTW.
Interference means the inhibition or disruption of the POTW treatment processes or operations,
including such inhibitions or disruptions which contribute to a violation of any requirement of the
Metro District’s NPDES Permit. The term includes prevention of sewage sludge use or disposal
by the POTW in accordance with Section 405 of the Act, (33 U.S.C. § 1345) or any criteria,
guidelines or regulations developed pursuant to the Solid Waste Disposal Act (SWDA), the Clean
Air Act, the Toxic Substances Control Act or more stringent state criteria (including those
contained in any state sludge management plan prepared pursuant to Title IV of SWDA)
applicable to the method of disposal or use employed by the POTW.
Metro District means the Metropolitan Denver Sewage Disposal District No. 1, a political
subdivision of the State.
National Categorical Pretreatment Standard or Pretreatment Standard means any regulation
containing pollutant discharge limits promulgated by the EPA in accordance with Sections 3.07(b)
and (c) of the Act (33 U.S.C. § 1317) which applies to a specific category of industrial users.
National Pollutant Discharge Elimination System or NPDES Permit means a permit issued
pursuant to Section 402 of the Act (33 U.S.C. § 1342).
New source means any source, the construction of which is commenced after the publication of
proposed regulations prescribing a Section 307(c) (33 U.S.C. § 1317) Categorical Standard which
will be applicable to such sources, if such standard is thereafter promulgated within one hundred
twenty (120) days of proposal in the Federal Register. Where the standard is promulgated later
than one hundred twenty (120) days after proposal, a new source means any source, the
construction of which is commenced after the date of promulgation of the standard.
pH means the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions
expressed in moles per liter of solution.
Pollutant means any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or
discharged equipment, rock, sand, cellar dirt and industrial, municipal and agricultural waste
discharged into water.
POTW treatment plant means that portion of the POTW designed to provide treatment to
Pretreatment or treatment means the reduction of the amount of pollutants, the elimination of
pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful
state 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 by other
means, except as prohibited by 40 C.F.R. § 403.6(d).
Pretreatment requirement means any substantive or procedural requirement related to
pretreatment, other than a National Pretreatment Standard imposed on an industrial user.
Publicly Owned Treatment Works (POTW) means a treatment works as defined by Section 212
of the Act, (33 U.S.C. § 1292) which is owned in this instance by the Town or the Metro District.
This definition includes any sewers that convey wastewater to the POTW treatment plant, but does
not include pipes, sewers or other conveyances not connected to a facility providing treatment.
For the purposes of this Article, POTW shall also include any sewers that convey wastewaters to
the POTW from persons outside the Town who are users of the Town’s POTW.
Significant industrial user means any industrial user who: a) has a discharge flow of twentyfive
thousand (25,000) gallons or more per average work day; b) has in his or her wastes toxic
pollutants; or c) is found by the Town, the Metro District, the Colorado Department of Public
Health and Environment or the Environmental Protection Agency to have significant impact,
either singly or in combination with other contributing industries, on the wastewater treatment
system, the quality of sludge, the system’s effluent quality or air emissions generated by the
Standard Industrial Classification (SIC) means a classification pursuant to the Standard
Industrial Classification Manual issued by the Executive Office of the President, Office of
Management and Budget, 1972, as amended.
Stormwater means any flow occurring during or following any form of natural precipitation
and resulting therefrom.
Total suspended solids (TSS) means the total suspended matter that floats on the surface of or is
suspended in water, wastewater or other liquids, and which is removable by laboratory filtering
according to standard laboratory procedure.
Toxic pollutant includes but is not limited to any pollutant or combination of pollutants listed
as toxic in regulations promulgated by the Administrator of the Environmental Protection Agency
under the provisions of Section 307(a) of the Act or other acts.
User means any person who contributes, causes or permits the contribution of wastewater into
the Town’s POTW.
Wastewater means the liquid and water-carried industrial and domestic wastes from dwellings,
commercial buildings, industrial facilities and institutions, together with any groundwater, surface
water and stormwater that may be present, whether treated or untreated, which is contributed into
or permitted to enter the POTW.
Wastewater contribution permit is set forth in Division 3 of this Article. (Ord. 84-1; Ord. 86-1;
Ord. 2007-4 §1)
Sec. 13-4-30. Abbreviations.
The following abbreviations shall have the designated meanings:
BOD – Biochemical oxygen demand
C.F.R. – Code of Federal Regulations
COD – Chemical oxygen demand
EPA – Environmental Protection Agency
L – Liter
mg – Milligrams
mg/L – Milligrams per liter
NPDES – National Pollutant Discharge Elimination System
POTW – Publicly owned treatment works
SIC – Standard Industrial Classification
SWDA – Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.
TSS – Total suspended solids
U.S.C. – United States Code
(Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-110. General discharge prohibitions.
(a) No user shall contribute or cause to be contributed, directly or indirectly, any pollutant or
wastewater which will interfere with the operation or performance of the POTW. These general
prohibitions apply to all such users of a POTW, whether or not the user is subject to National
Categorical Pretreatment Standards or any other national, state or local pretreatment standards or
requirements. A user may not contribute the following substances to the POTW:
(1) Any liquids, solids or gases which by reason of their nature or quantity are, or may be,
sufficient either alone or by interaction with other substances to cause fire or explosion or be
injurious in any other way to the POTW or to the operation of the POTW. At no time shall two
(2) successive readings on an explosion hazard meter at the point of discharge into the system (or
at any point in the system) be more than five percent (5%) nor any single reading over ten percent
(10%) of the Lower Explosive Limit (LEL) of the meter. Prohibited materials include, but are not
limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones,
aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides and sulfides.
(2) Solid or viscous substances which may cause obstruction to the flow in a sewer or other
interference with the operation of the wastewater treatment facilities such as, but not limited to:
grease, garbage with particles greater than one-half (1/2) inch in any dimension, animal guts or
tissues, paunch manure, bones, hair, hides or fleshings, entrails, whole blood, feathers, ashes,
cinders, sand, spent lime, stone or marble dust, metal, glass, straw, shavings, grass clippings, rags,
spent grains, spent hops, waste paper, wood, plastics, tar, asphalt residues, residues from refining
or processing of fuel or lubricating oil, mud or glass grinding or polishing wastes.
(3) Any wastewater having a pH less than 5.0 or wastewater having any other corrosive
property capable of causing damage or hazard to structures, equipment and/or personnel of the
(4) Any wastewater containing toxic pollutants in sufficient quantity, either singly or by
interaction with other pollutants, to injure or interfere with any wastewater treatment process,
constitute a hazard to humans or animals, create a toxic effect in the receiving waters of the
POTW or exceed the limitation set forth in a Categorical Standard.
(5) Any noxious or malodorous liquids, gases or solids which either singly or by interaction
with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to
prevent entry into the sewers for maintenance and repair.
(6) Any substance which may cause the POTW’s effluent or any other product of the POTW
(such as residues, sludges or scums) to be unsuitable for reclamation processes. In no case shall a
substance discharged to the POTW cause the POTW to be in noncompliance with sludge use or
disposal criteria, guidelines or regulations developed under Section 405 of the Act, or any criteria,
guidelines or regulations affecting sludge use or disposal developed pursuant to the Solid Waste
Disposal Act, the Clean Air Act, the Toxic Substances Control Act or state criteria applicable to
the sludge management method being used.
(7) Any substance which will cause the POTW to violate its NPDES permit or the receiving
water quality standards.
(8) Any wastewater with objectionable color not removed in the treatment process, such as,
but not limited to, dye wastes and vegetable tanning solutions.
(9) Any wastewater having a temperature which will inhibit biological activity in the POTW
Treatment Plant resulting in interference, but in no case wastewater containing heat in such
amounts that the temperature at the introduction into the POTW Treatment Plant exceeds forty
(40) degrees Centigrade (104F).
(10) Any pollutants, including oxygen demanding pollutants (BOD, etc.) released at a flow
and/or pollutant concentration which will cause interference to the POTW. In no case shall a slug
discharge have a flow rate or contain concentrations or quantities of pollutants that exceed for any
time period longer than fifteen (15) minutes more than five (5) times the average twenty-four-hour
concentration, quantities or flow during normal operation.
(11) Any wastewater containing any radioactive wastes or isotopes of such half-life or
concentration as may exceed limits established by the Director of Public Works in compliance
with applicable Metro District, state or federal regulations.
(12) Any wastewater which causes a hazard to human life or creates a public nuisance.
(b) When the Director of Public Works determines that a user is contributing to the POTW any
of the above enumerated substances in such amounts as to interfere with the operation of the POTW,
the Director of Public Works shall: (1) advise the user of the impact of the contribution on the
POTW; and (2) develop effluent limitations for such user to correct the interference with the POTW.
Sec. 13-4-120. National Categorical Pretreatment Standards.
Upon the promulgation of a National Categorical Pretreatment Standard for a particular industrial
subcategory, the National Standard, if more stringent than limitations imposed under this Article for
sources in that subcategory, shall immediately supersede the limitations imposed under this Article.
The Director of Public Works shall notify all affected users of the applicable reporting requirements
under 40 C.F.R. § 403.12. (Ord. 84-1)
Sec. 13-4-130. Specific pollutant discharge standards.
No user shall discharge wastewater containing any of the following materials and substances in
excess of the “Specific Discharge Limitations – Users” provided in the Pretreatment/Industrial Waste
Control section of the Metro District Rules and Regulations, as amended from time to time. (Ord. 84-
1; Ord. 86-1)
Sec. 13-4-140. State requirements.
State requirements and limitations on discharges shall apply in any case where they are more
stringent than federal requirements and limitations or those in this Article. (Ord. 84-1)
Sec. 13-4-150. Town’s right of revision.
The Town reserves the right to establish by ordinance more stringent limitations or requirements
on discharges to the POTW if deemed necessary to comply with the objectives presented in Section
13-4-10 of this Article. (Ord. 84-1)
Sec. 13-4-160. Excessive discharge.
No user shall ever increase the use of process water or in any way attempt to dilute a discharge as
a partial or complete substitute for adequate treatment to achieve compliance with the limitations
contained in the National Categorical Pretreatment Standards, or in any other pollutant-specific
limitation developed by the Town or the State. (Ord. 84-1)
Sec. 13-4-170. Accidental discharges.
(a) Each user shall provide protection from accidental discharge of prohibited materials or other
substances regulated by this Article. Facilities to prevent accidental discharge of prohibited materials
shall be provided and maintained at the owner’s or user’s own cost and expense. Detailed plans
showing facilities and operating procedures to provide this protection shall be submitted to the Town
for review and shall be approved by the Town before construction of the facility. All existing users
shall complete such a plan by June 1, 1985. No user who commences contribution to the POTW after
the effective date of the ordinance codified herein shall be permitted to introduce pollutants into the
system until accidental discharge procedures have been approved by the City. Review and approval
of such plans and operating procedures shall not relieve the industrial user from the responsibility to
modify the user’s facility as necessary to meet the requirements of this Article. In the case of any
accidental or unusual discharge, it is the responsibility of the user to immediately telephone and
notify the Town and the Metro District of the incident. The notification shall include location of
discharge, type of waste, concentration and volume and corrective actions.
(b) Within five (5) days following an accidental discharge, the user shall submit to the Director
of Public Works a detailed written report describing the cause of the discharge and the measures to be
taken by the user to prevent similar future occurrences. Such notification shall not relieve the user of
any expense, loss, damage or other liability which may be incurred as a result of damage to the
POTW, fish kills or any other damage to person or property; nor shall such notification relieve the
user of any fines, civil penalties or other liability which may be imposed by this Article or other
(c) A notice shall be permanently posted on the user’s bulletin board or other prominent place
advising employees whom to call in the event of an accidental discharge. Employers shall insure that
all employees who may cause or suffer such an accidental discharge to occur are advised of the
emergency notification procedure. (Ord. 84-1; Ord. 2007-4 §1)
Wastewater Contribution Permits
Sec. 13-4-210. Permit required.
All significant industrial users proposing to connect to or to contribute to the POTW shall obtain a
wastewater contribution permit before connecting to or contributing to the POTW. All existing
significant industrial users connected to or contributing to the POTW shall obtain a wastewater
contribution permit within one hundred eighty (180) days after the effective date of the ordinance
codified herein. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-220. Permit application.
(a) Users required to obtain a wastewater contribution permit shall complete and file with the
Town an application on the form prescribed by the Town. In support of the application, the user shall
submit, in units and terms appropriate for evaluation, the following information:
(1) Name, address and location (if different from the address);
(2) SIC numbers according to the Standard Industrial Classification Manual, Bureau of the
Budget, 1972, as amended;
(3) Time and duration of wastewater discharge;
(4) Average daily and thirty-minute peak wastewater flow rates, including daily, monthly and
seasonal variations, if any;
(5) Site plans, floor plans, mechanical and plumbing plans and details to show all sewers,
sewer connections and appurtenances by the size, location and elevation;
(6) Description of activities, facilities and plant processes on the premises, including all
materials which are or could be discharged;
(7) Wastewater constituents and characteristics, including but not limited to those mentioned
in Division 2 above and any applicable state or national pretreatment standards, as determined by a
reliable analytical laboratory. Sampling and analysis shall be performed in accordance with
procedures established by the EPA pursuant to Section 304(g) of the Act and contained in 40
C.F.R. Part 136, as amended;
(8) A statement regarding whether or not the discharge standards contained in Division 2
above and applicable state or national pretreatment standards are being met on a consistent basis
and, if not, whether additional O&M and/or additional pretreatment is required for the user to meet
the applicable standards;
(9) If additional pretreatment and/or O&M will be required to meet the pretreatment or
discharge standards, the shortest schedule by which the user will provide such additional
pretreatment. The completion date in this schedule shall not be later than the compliance date
established for the applicable pretreatment standard. The following conditions shall apply to this
a. The schedule shall contain increments of progress in the form of dates for the
commencement and completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable pretreatment or discharge
standards (e.g., hiring an engineer, completing preliminary plans, completing final plans,
executing contract for major components, commencing construction, completing construction,
b. No increment referred to in Subparagraph a. shall exceed nine (9) months.
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 Director of Public Works
including, as 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 Director of Public Works.
(10) Each product produced by type, amount, process or processes and rate of production;
(11) Type and amount of raw materials processed (average and maximum per day);
(12) Number and type of employees, hours of operation of the plant and proposed or actual
hours of operation of the pretreatment system; and
(13) Any other information as may be deemed by the Town to be necessary to evaluate the
(b) The Director of Public Works shall evaluate the data furnished by the user and may require
additional information. After evaluation and acceptance of the data furnished, the Director of Public
Works may issue a wastewater contribution permit subject to the terms and conditions provided
herein. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-230. Permit issuance.
(a) The Director of Public Works shall issue a wastewater contribution permit to the applicant if
the Director of Public Works finds that all of the following conditions are met:
(1) The proposed discharge of the applicant is in compliance with the prohibitions and
limitations of Division 2 above.
(2) The proposed discharge of the applicant would permit the normal and efficient operation
of the wastewater treatment system; and
(3) The proposed discharge of the applicant would not result in a violation by the Metro
District of the terms and conditions of its NPDES permit.
(b) If the Director of Public Works finds that the condition set out in Paragraph (a)(1) above is
not met, the Director of Public Works may issue a wastewater contribution permit to the applicant if
the conditions set out in Paragraphs (a)(2) and (3) above are met and if the applicant submits, and the
Director of Public Works approves, a schedule setting out the measures to be taken by the applicant
and the dates that such measures will be implemented to insure compliance with the provisions of this
Article. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-240. Permit denial; hearing.
(a) In the event an application for a wastewater contribution permit is denied, the Director of
Public Works shall notify the applicant in writing of such denial. Such notification shall state the
grounds for denial with that degree of specificity which will inform the applicant of the measures or
actions which must be taken by the applicant prior to issuance of a permit.
(b) Upon receipt of notification of denial of a permit application, the applicant may request and
shall be granted a hearing to be held by the Director of Public Works. At such hearing, the applicant
shall have the burden of establishing that the conditions set out in Section 13-4-230 above have been
met and that a permit should issue.
(c) The Director of Public Works may conduct the hearing and take the evidence or may
designate a representative to:
(1) Issue in the name of the Director of Public Works 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; and
(3) Transmit a report of the evidence and hearing, including transcripts and other evidence, to
the Director of Public Works 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 available to any member of the public or any party to the
hearing upon payment of the usual charges therefor.
(e) Upon review of the evidence by the Director of Public Works, the Director of Public Works
shall make written findings of fact. Thereupon, the Director of Public Works may issue a wastewater
contribution permit, direct that such permit shall not be issued or give such other or further orders and
directives as are necessary and appropriate.
(f) Any party to the hearing aggrieved or adversely affected by an order of the Director of Public
Works may appeal such order to the District Court in and for the County pursuant to Rule 106(a)(4)
of the Colorado Rules of Civil Procedure. (Ord. 84-1)
Sec. 13-4-250. Permit conditions.
Wastewater contribution permits shall be expressly subject to all provisions of this Article and all
other applicable regulations, user charges and fees established by the Town. Permits may contain the
(1) The unit charge or schedule of user charges and fees for the wastewater to be discharged to
a community sewer;
(2) Limits on the average and maximum wastewater constituents and characteristics;
(3) Limits on average and maximum rate and time of discharge or requirements for flow
regulation and equalization;
(4) Requirements for installation and maintenance of inspection and sampling facilities;
(5) Specifications for monitoring programs which may include sampling locations, frequency
of sampling, number, types and standards for tests and reporting schedules;
(6) Compliance schedules;
(7) Requirements for submission of technical reports or discharge reports;
(8) Requirements for maintaining and retaining plant records relating to wastewater discharge
as specified by the Town, and affording the Town access thereto;
(9) Requirements for notification to the Town of any new introduction of wastewater
constituents or any substantial change in the volume or character of the wastewater constituents
being introduced into the POTW;
(10) Requirements for notification of slug discharges as per Paragraph 13-4-110(a)(10) of this
(11) Other conditions as deemed appropriate by the Town to ensure compliance with this
Article. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-260. Permit modifications.
Within nine (9) months of the promulgation of a National Categorical Pretreatment Standard, the
wastewater contribution permit of users subject to such standard shall be revised to require
compliance with such standard within the time frame prescribed by such standard. Where a user,
subject to a National Categorical Pretreatment Standard, has not previously submitted an application
for a wastewater contribution permit as required by Section 13-4-220 of this Article, the user shall
apply for a wastewater contribution permit within one hundred eighty (180) days after the
promulgation of the applicable National Categorical Pretreatment Standard. In addition, the user with
an existing wastewater contribution permit shall submit to the Director of Public Works within one
hundred eighty (180) days after the promulgation of an applicable National Categorical Pretreatment
Standard the information required by Paragraphs 13-4-220(a)(8) and (9) of this Article. (Ord. 84-1;
Ord. 2007-4 §1)
Sec. 13-4-270. Permit duration.
Permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be
issued for a period less than one (1) year or may be stated to expire on a specific date. The user shall
apply for permit reissuance a minimum of one hundred eighty (180) days prior to the expiration of the
user’s existing permit. The terms and conditions of the permit may be subject to modification by the
Town during the term of the permit as limitations or requirements as identified in Division 2 above
are modified or other just cause exists. The user shall be informed of any proposed changes in the
user’s permit at least thirty (30) days prior to the effective date of change. Any changes or new
conditions in the permit shall include a reasonable time schedule for compliance. (Ord. 84-1)
Sec. 13-4-280. Permit transfer prohibited.
Wastewater contribution permits are issued to a specific user for a specific operation. A
wastewater contribution permit shall not be reassigned, transferred or sold to a new owner, new user,
different premises or a new or changed operation. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-290. Reporting requirements for permittee.
(a) Compliance Date Report. Within ninety (90) days following the date for final compliance
with applicable Pretreatment Standards or, in the case of a new source, following commencement of
the introduction of wastewater into the POTW, any user subject to Pretreatment Standards and
Requirements shall submit to the Director of Public Works a report indicating the nature and
concentration of all pollutants in the discharge from the regulated processes which are limited by
Pretreatment Standards and Requirements and the average and maximum daily flow for those process
units in the user’s facility which are limited by such Pretreatment Standards or Requirements. The
report shall state whether the applicable Pretreatment Standards or Requirements are being met on a
consistent basis and, if not, what additional O&M and/or pretreatment is necessary to bring the user
into compliance with the applicable Pretreatment Standards or Requirements. This statement shall be
signed by an authorized representative of the industrial user and certified to by a qualified professional.
(b) Periodic Compliance Reports.
(1) Any user subject to a Pretreatment Standard after the compliance date of such Pretreatment
Standard or, in the case of a new source, after commencement of the discharge into the POTW,
shall submit to the Director of Public Works during the months of June and December, unless
required more frequently in the Pretreatment Standard or by the Director of Public Works, a report
covering the preceding six (6) months and indicating the nature and concentration of pollutants in
the effluent which are limited by such Pretreatment Standards. In addition, this report shall
include a record of average and maximum daily flows for the reporting period for all regulated
processes. At the discretion of the Director of Public Works and in consideration of such factors
as local high or low flow rates, holidays, budget cycles, etc., the Director of Public Works may
agree to alter the months during which the above reports are to be submitted.
(2) The Director of Public Works may impose mass limitations on users which are using
dilution to meet applicable Pretreatment Standards or Requirements, or in other cases where the
imposition of mass limitations are appropriate. In such cases, the report required by Paragraph (1)
above shall indicate the mass of pollutants regulated by Pretreatment Standards in the effluent of
the user. These reports shall contain the results of sampling and analysis of the discharge,
including the flow and the nature and concentration, or production and mass, where requested by
the Director of Public Works, of pollutants contained therein which are limited by the applicable
Pretreatment Standards. All analyses shall be performed in accordance with procedures
established by the Administrator pursuant to Section 304(g) of the Act and contained in 40 C.F.R.
Part 136, and amendments thereto, or with any other test procedures approved by the
Administrator. Sampling shall be performed in accordance with the techniques approved by the
Administrator. (Ord. 84-1)
Sec. 13-4-300. Monitoring facilities.
(a) The Town may require to be provided and operated, at the user’s own expense, monitoring
facilities to allow inspection, sampling and flow measurement of the building sewer and/or internal
drainage systems. The monitoring facility should normally be situated on the user’s premises, but the
Town may, when such a location would be impractical or cause undue hardship on the user, allow the
facility to be constructed in the public street or sidewalk area and located so that it will not be
obstructed by landscaping or parked vehicles.
(b) There shall be ample room in or near such sampling manhole or facility to allow accurate
sampling and preparation of samples for analysis. The facility, sampling and measuring equipment
shall be maintained at all times in a safe and proper operating condition at the expense of the user.
(c) Whether constructed on public or private property, the sampling and monitoring facilities
shall be provided in accordance with the Town’s requirements and all applicable local construction
standards and specifications. Construction shall be completed within ninety (90) days following
written notification by the Town. (Ord. 84-1)
Sec. 13-4-310. Inspection and sampling.
The Town may inspect the facilities of any user to ascertain whether the purpose of this Article is
being met and all requirements are being complied with. Persons or occupants of premises where
wastewater is created or discharged shall allow the Town, its representatives or representatives of the
Metro District ready access at all reasonable times to all parts of the premises for the purposes of
inspection, sampling, records examination or records copying in the performance of any of their
duties. The Town, the Metro District, the Colorado Department of Public Health and Environment
and EPA shall have the right to set up on the user’s property such devices as are necessary to conduct
sampling, inspection, compliance monitoring and/or metering operations. Where a user has security
measures in force which would require proper identification and clearance before entry into the user’s
premises, the user shall make necessary arrangements with the user’s security guards so that upon
presentation of suitable identification, personnel from the Town, the Metro District, Colorado
Department of Public Health and Environment and EPA will be permitted to enter, without delay, for
the purposes of performing their specific responsibilities. (Ord. 84-1; Ord. 86-1; Ord. 2007-4 §1)
Sec. 13-4-320. Pretreatment.
(a) Users shall provide necessary wastewater treatment as required to comply with this Article
and shall achieve compliance with all National Categorical Pretreatment Standards within the time
limitations as specified by the Federal Pretreatment Regulations. Any facilities required to pretreat
wastewater to a level acceptable to the Town shall be provided, operated and maintained at the user’s
expense. Detailed plans showing the pretreatment facilities and operating procedures shall be
submitted to the Town for review and shall be acceptable to the Town before construction of the
facility. The review of such plans and operating procedures will in no way relieve the user from the
responsibility of modifying the facility as necessary to produce an effluent acceptable to the Town
under the provisions of this Article. Any subsequent changes in the pretreatment facilities or method
of operation shall be reported to and be acceptable to the Town prior to the user’s initiation of the
(b) The Town shall annually publish in the Wheat Ridge Sentinel newspaper a list of the users
which were not in compliance with any Pretreatment Requirements or Standards at least once during
the twelve (12) previous months. The notification shall also summarize any enforcement actions
taken against users during the same twelve (12) months.
(c) All records relating to compliance with Pretreatment Standards shall be made available to
officials of the Metro District, EPA or the Approval Authority upon request. (Ord. 84-1; Ord. 2007-4§1)
Sec. 13-4-330. Confidential information.
(a) Information and data on a user obtained from reports, questionnaires, permit applications,
permits, monitoring programs and inspections shall be available to the public or other governmental
agency without restriction unless the user specifically requests and is able to 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 of the user.
(b) When requested by the person furnishing a report, the portions of a report which might
disclose trade secrets or secret processes shall not be made available for inspection by the public but
shall be made available upon written request to governmental agencies for uses related to this Article,
the NPDES Permit and/or the Pretreatment Program; provided, however, that such portions of a
report shall be available for use by the State or any state agency in judicial review or enforcement
proceedings involving the person furnishing the report. Wastewater constituents and characteristics
will not be recognized as confidential information.
(c) Information accepted by the Town as confidential shall not be transmitted to any
governmental agency except the Metro District or to the general public by the Town until and unless a
ten-day notification is given to the user. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-410. Harmful contributions.
(a) The Director of Public Works may suspend the wastewater treatment service and/or a
wastewater contribution permit when such suspension is necessary, in the opinion of the Director of
Public Works 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 to the environment,
causes interference to the POTW or causes the Metro District to violate any condition of its NPDES
(b) Any person notified of a suspension of the wastewater treatment service and/or the
wastewater contribution permit shall immediately stop or eliminate the contribution. In the event of a
failure of the person to comply voluntarily with the suspension order, the Director of Public Works
shall take such steps as deemed necessary, including immediate severance of the sewer connection, to
prevent or minimize damage to the POTW system or endangerment to any individuals. The Director
of Public Works shall reinstate the wastewater contribution permit and/or the wastewater treatment
service upon proof of the elimination of the noncomplying discharge. A detailed written statement
submitted by the user describing the causes of the harmful contribution and the measures taken to
prevent any future occurrence shall be submitted to the Director of Public Works within fifteen (15)
days of the date of occurrence. (Ord. 84-1)
Sec. 13-4-420. Revocation of permit.
Any user who violates any conditions of this Article or applicable state and federal regulations is
subject to having his or her permit revoked. Grounds for permit revocation include, but are not
(1) Failure of a user to factually report the wastewater constituents and characteristics of the
(2) Failure of the user to report significant changes in operations or wastewater constituents
(3) Refusal of reasonable access to the user’s premises for the purpose of inspection or
(4) Violation of conditions of the permit. (Ord. 84-1)
Sec. 13-4-430. Notification of violation.
Whenever the Town finds that any user has violated or is violating this Article, wastewater
contribution permit or any prohibition, limitation or requirements contained herein, the Director of
Public Works may serve upon such person a written notice stating the nature of the violation. Within
thirty (30) days of the date of the notice, a plan for the satisfactory correction thereof shall be
submitted to the Director of Public Works by the user. (Ord. 84-1)
Sec. 13-4-440. Show-cause hearing.
(a) Upon a finding by the Director of Public Works that a person has caused or permitted an
unauthorized discharge or that any such unauthorized discharge has not been corrected by timely
compliance with a correction schedule, whether with or without a meeting with the Director of Public
Works, the Director of Public Works may order any person who causes or allows such unauthorized
discharge to show cause before the Director of Public Works why an enforcement action should not
be taken. A notice shall be served on the offending party, specifying the time and place of a hearing
to be held by the Director of Public Works regarding the violation and the proposed enforcement
action and directing the offending party to show cause before the Director of Public Works why the
proposed enforcement action should not be taken. The notice of the hearing shall be served
personally or by certified mail at least ten (10) days before the hearing. Service may be made on any
agent or officer of a corporation.
(b) The Director of Public Works may conduct the hearing and take the evidence or may
designate a representative to:
(1) Issue in the name of the Director of Public Works notices of hearings requesting the
attendance and testimony of witnesses and the production of evidence relevant to any matter
involved in any such hearings;
(2) Take the evidence; and
(3) Transmit a report of the evidence and hearing to the Director of Public Works, including
transcripts and other evidence, together with recommendations for action thereon.
(c) At any public hearing, testimony taken before the hearing authority or any person designated
by it shall be under oath and recorded stenographically. The transcript so recorded will be made
available to any member of the public or any party to the hearing upon payment of the usual charges
(d) Upon review of the evidence by the Director of Public Works, the Director of Public Works
shall make written findings of fact. Thereupon, the Director of Public Works may:
(1) Issue an order stating that no unauthorized discharge has occurred and directing that
service shall not be terminated therefor.
(2) Issue an order stating that an unauthorized discharge has occurred and directing that,
following a specified time period, the wastewater treatment service of the offending party be
a. Adequate treatment facilities, devices or other appurtenances shall have been installed;
b. Existing treatment facilities, devices or other appurtenances are properly operated or
(3) Issue such other or further orders and directives as are necessary and appropriate.
(e) Any party to the hearing aggrieved or adversely affected by an order of the Director of Public
Works may appeal such order to the District Court in and for the County, pursuant to Rule 106(a)(4)
of the Colorado Rules of Civil Procedure. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-450. Legal action.
If any person discharges sewage, industrial wastes or other wastes into the Town’s wastewater
disposal system contrary to the provisions of this Article, federal or state pretreatment requirements or
any order of the Town, the Town Attorney may commence an action for appropriate legal and/or
equitable relief in the District Court of the County. (Ord 84-1)
Fees and Penalties
Sec. 13-4-510. Purpose.
It is the purpose of this Article to provide for the recovery of costs from users of the Town’s
POTW for the implementation of the program established herein. The applicable charges or fees
shall be set forth in the Town’s Schedule of Charges and Fees. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-520. Charges and fees.
(a) The Town may adopt charges and fees which may include:
(1) Fees for reimbursement of costs of setting up and operating the program described herein;
(2) Fees for monitoring, inspections and surveillance procedures;
(3) Fees for reviewing accidental discharge procedures and construction;
(4) Fees for permit applications;
(5) Fees for filing appeals; and
(6) Other fees as the Town may deem necessary to carry out the requirements contained
(b) These fees relate solely to the matters covered by this Article and are separate from all other
fees chargeable by the Town. (Ord. 84-1; Ord. 2007-4 §1)
Sec. 13-4-530. Penalties.
Any user who is found to have violated an order of the Town Council or who willfully or
negligently failed to comply with any provision of this Article, and the orders, rules, regulations and
permits issued hereunder, shall be assessed liquidated damages not less than one hundred dollars
($100.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day on which a
violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the
penalties provided herein, the Town may recover reasonable attorney’s fees, court costs, court
reporter’s fees and other expenses of litigation by appropriate suit at law against the person found to
have violated this Article or the orders, rules, regulations and permits issued hereunder. (Ord. 84-1)
Sec. 13-4-540. Falsifying information.
Any person who knowingly makes any false statements, representation or certification in any
application, record, report, plan or other document filed or required to be maintained pursuant to this
Article or wastewater contribution permit, or who falsifies, tampers with or knowingly renders
inaccurate any monitoring device or method required under this Article shall, upon conviction, be
punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more
than six (6) months or by both. (Ord. 84-1)
Utility Transfer Fee
Sec. 13-5-10. Purpose.
The purpose of this Article shall be to establish certain municipal fees to generate
sufficient revenue to finance specific municipal services that confer a discrete and
identifiable benefit upon property owners within the Town. The revenue generated by
any such fees shall be collected, held, and spent only for the specific purposes identified.
Sec. 13-5-20. Fee established.
(a) The purpose of this fee shall be to generate sufficient revenue
to pay for the time consumed by the Town Treasurer in
transferring and creating end user accounts for trash and
(b) A fee in the amount of fifteen dollars ($15.00) shall be
assessed upon the transfer of occupancy of any real property in the
Town that receives trash and/or wastewater service. A single
assessment shall be made regardless of whether the end use
receives one (1 ) or both services
Sec. 13-5-30. Street lighting fee established.
(a) The purpose of this fee shall be to generate sufficient revenue
to pay for the Town’s expense of providing street lighting and
street light maintenance. The fee amount may be amended time to
time by resolution of Council, but not more than once annually, in
order to reflect the Town’s actual street lighting and street light
(b) In order to offset the Town’s cost of providing street lighting
services and maintenance, a fee in the amount of twelve dollars
($12.00) shall be imposed quarterly upon every residential and
commercial unit of property separately that is leased or owned
within the Town.
(a) Sec. 13-5-40. Police protection fee established.
(a) The purpose of this fee shall be to generate revenue to pay
for some portion of police salaries as part of the Town’s
overall commitment to providing police protection. All funds
collected by this fee shall be retained by the Town in a
police protection account that shall be reserved for the sole
purpose of financing police salaries. The fee amount may be
amended time to time by resolution of Council, but not more
than once annually, in order to reflect the Town’s actual police
In order to contribute, in part, to the Town’s cost of
salaries, a fee in the amount of thirty dollars ($30.00)
imposed quarterly upon every residential and
commercial unit of
property that is separately leased or owned within the
Sec. 13-5-50. Lien.
Unpaid fees imposed by this Article shall be a first and prior lien on the real and tangible personal property assessed against each lot or tract of land
receiving Town services and shall have priority over all other liens except
general liens. The Town shall be authorized to use all legal means to
enforce the lien and may charge an administrative fee of one hundred
dollars ($100), which amount may be amended from time to time by
resolution of the Town Council, for the filing of such liens.
Establishment of Wastewater Enterprise
Sec. 13-60. Establishment of the Enterprise.
The town hereby establishes an enterprise as an agency of the town and formally
designates it as the “Town of Mountain View, Wastewater Activity Enterprise” (the
“Enterprise”). It shall be the purpose of the Enterprise to pursue or continue all of the
town’s wastewater activities as defined in Title 37, Article 45.1, Part 1, C.R.S. (the
“Act”), including water project or facility activities, including the construction,
operation, repair and replacement of wastewater facilities, using revenues and income
generated by and earned or acquired in connection with such wastewater activities
and held and managed in the town’s Wastewater Enterprise Fund. As between the
Town and the Enterprise, all wastewater activities will be deemed done and furnished
by the Enterprise.
Sec. 13-61. Enterprise excluded from the provisions of the Amendment.
Pursuant to and in accordance with the Act, the Enterprise shall be excluded from the
provisions of Article X, Section 20 of the State Constitution (the “Amendment”) and
shall be entitled to impose rates, fees, tolls and charges; collect and spend revenues;
revenue bonds; and construct, operate and maintain facilities and provide wastewater
services; all without reference or regard to the limitations contained in the
Sec. 13-62. Governing body.
The members of the Town Council shall serve as the governing body of the
Enterprise and shall be known collectively as the board of directors of the Enterprise
(the “Enterprise Board”). Acting as the Enterprise Board, the Town Council may
exercise the town’s legal authority relating to wastewater activities as defined in the
Act. The Enterprise Board hereby is directed to take all actions necessary to cause
the Enterprise to comply with all applicable laws.
Sec. 13-63. Powers of the Enterprise.
(a) The Enterprise shall have all powers and authority granted to water activity
enterprises by the provisions of the Act, including but not limited to the power to
conduct and continue wastewater activities as defined in the Act; the power to
contract with any person or entity, including other districts as defined in the Act and
other water activity enterprises as defined in the Act; the power to issue and reissue
revenue bonds through its governing body in accordance with and through the
provisions of Section 37-45.1-104(2), C.R.S.; and the power to impose fees and
charges as deemed necessary to cover the cost of inspection, testing, design review,
operations, maintenance, and improvements to the wastewater collection system.
(b) The Enterprise Board shall adopt an annual budget for the Enterprise, which
budget shall be separate and distinct from the town’s general fund budget.
Sec. 13-64. Wastewater Enterprise Fund established.
There is hereby established, in accordance with Section 9.9 of the Town’s Home Rule Charter
an enterprise fund, to be known as the “Wastewater Enterprise Fund,” in which shall be
deposited all revenues from wastewater billing and all other revenues related to the
wastewater collection system. All funds received from the wastewater rates and fees shall be
used only for the operation, maintenance, debt service, replacement of and additions to the
wastewater collection system. All amounts on hand in such fund shall be invested by the
Town in investments proper for public funds.
The Enterprise may pledge all or any portion of the Wastewater Enterprise Fund, including
revenues anticipated to be collected, to the payment of principal, interest, premium, if any,
and reserves for revenue bonds or any other obligations lawfully issued or otherwise
contracted for by the Enterprise for the payment or other financing of costs of the wastewater
collection, or for the purpose of refunding any obligations issued or otherwise contracted for
Sec. 13-65. Enterprise obligations and town obligations.
(a) In consideration of the Enterprise’s commitment to provide wastewater
services for which the town actually is obligated and to collect and spend revenues
from rates, fees, tolls and charges imposed by the town, the town hereby agrees to
continue to provide administrative services for the Enterprise and its activities, to
continue to hold title to and own all of the assets currently owned by the town and
necessary to the operation of the Enterprise, to levy taxes for general obligation bonds
to finance the construction and installation of wastewater facilities and improvements;
and to impose all rates, fees, tolls and charges for wastewater activities. As such, the
Town Council shall adopt by resolution for and on behalf of the Enterprise, the
following rates, fees, and charges:
(1) Minimum and sufficient wastewater rates;
(2) Wastewater collection facilities investment fee; and
(3) Other fees and charges deemed necessary to cover the cost of inspection,
testing, design review, operations, maintenance, and improvements to the wastewater
(b) The relationship between the town and the Enterprise with respect to the
administration of the Enterprise, the operation of the wastewater activities and the
duties and responsibilities of each party shall be as may be delineated and clarified
from time to time in a joint resolution of the Town Council and the Enterprise Board,
which may be adopted at any time when this Article is in full force and effect (“Joint
Sec. 13-66. Transactions in the name of the town.
Any and all transactions of the Enterprise may be done in the name of the town or in
the name of the Enterprise and neither this section nor any transaction entered into
pursuant to it shall alter or abrogate the relationship of the town and the Enterprise as
established in Section 13-65 above and as may be further clarified from time to time
in a Joint Resolution.
Sec. 13-67. Findings of the Town Council.
The Town Council hereby makes the following findings with respect to the establishment
of the Enterprise:
(1) The town’s Wastewater Enterprise Fund, wastewater collection facilities,
and appurtenances all shall comprise the Enterprise, which shall be and is the
wastewater activity business owned by the town.
(2) The Enterprise shall be and is an agency of the town for the purpose and
within the meaning of the following:
a. Title 24, Article 10, Part 1, C.R.S., the “Colorado Governmental
b. Title 29, Article 1, Part 6, C.R.S., the “Colorado Local Government Audit
c. Title 29, Article 1, Part 1, the “Local Government Budget Law of
d. All other local, state and federal laws, rules and regulations.
(3) The establishment of the Enterprise is necessary to treat, reclaim, conserve,
recharge, augment, exchange or reuse water supplies; and to provide wastewater
(4) The town has the authority to conduct wastewater activities as defined in
the Act and is the sole owner of the Enterprise as required by the Act. The town has
revenue bonding authority for water activities pursuant to Title 31, Article 35, Part 4,
C.R.S., all as required by the Act.
(5) The Enterprise receives under ten percent (10%) of its annual revenues in
grants (as defined in the Act) from all Colorado state and local governments combined,
having received (in the town’s Wastewater Enterprise Fund) none of its
revenues for the 2009 fiscal year from state and local grants and expecting to receive
none of its revenues for the 2010 fiscal year from such sources.
(6) Pursuant to the Act, the Enterprise is authorized to issue its own revenue
(7) The Enterprise does not and shall not levy any tax whatsoever, nor shall
any rates, tolls, fees or charges collected and spent by the Enterprise ever be deemed
to be taxes for any purpose under any law, rule or regulation, whether local, state or
Sec. 13-68. Ratification.
All actions heretofore taken by the Enterprise and the members of the Enterprise Board, not
inconsistent with the provisions of this Resolution, relating to the operation or creation of the
Enterprise, are hereby ratified, approved, and confirmed.
Sec. 13-69. Termination.
The Enterprise shall remain in existence at the will of the Town Council and in accordance
with law. In the event that the Enterprise is terminated by operation of law or
by act of the Town Council, any and all assets of the Enterprise, immediately and
without the need for further action, shall be deemed to be and shall be assets of the
(Article 6 added by Ord. 2009-19)