07-23-2002 ERWSD ODOR LEASEApr -13 -2006 10:38 From —ERM 9704764089 T -014 P- 002/003 F -885
AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO
AND
EAGLE RIVER WATER & SANITATION DISTRICT
IN CONJUNCTION WITH ODOR CONTROL
WITHIN THE AVON TOWN LIMITS
THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this Off dray
of14 2002, by and between The Town of Avon, Colorado through its Town Council
and
Eagle River Water & Sanitation District by and through its Board of Directors.
RECITALS
WHEREAS, The Town of Avon desires a pleasant and odor free environment for
all its residents and visitors; and
WHEREAS, Eagle River Water & Sanitation District owns and operates the Avon
Wastewater Treatment Plant for the protection of the health and safety and for the
common good of residents and visitors in and around the Town of Avon; and
WHEREAS, Eagle River Water & Sanitation District desires to operate the Avon
Wastewater Treatment Plant in an efficient and odor free condition; and
WHEREAS, Eagle River Water & Sanitation District seeks a cooperative working
relationship with the Town of Avon staff and elected officials; and
NOW, THEREFORE, in consideration of the mutual cooperation and promises of
the parties hereto, the District and the Town agree as follows:
1. Duties of the District
1.1 The District agrees to operate the Avon Wastewater Treatment Plant in an
efficient and odor free manner.
1.2 The District agrees to provide appropriate operational and capital funds to
ensure the efficient and odor free operations of the Avon Wastewater
Treatment Plant.
1.3 The District agrees to notify the appropriate Town officials when they
anticipate that upcoming actions could cause an odor excursion. In this event,
the District needs to explain all steps that they will take to minimize the odor
excursion.
1.4 The District agrees to assist the appropriate Town officials in the investigation
of complaints of odors within the Town limits.
1.5 The District agrees to provide the Town with a written explanation of the
cause of odor releases offsite the WWTP and within the Town limits within
72 hours of the excursion. The District agrees to take all appropriate actions
to prevent a re- occurrence of the '`cause" of this offsite odor release. The
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District further agrees to meet with a town representative(s) to further discuss
the causes and corrective actions if asked.
2. Duties of the Town
2.1 The Town agrees to notify the District as soon as possible of any odor
complaints received within the Town limits.
2.2 The Town agrees to respond with any concerns or requests to the prior
notification of actions that could cause offsite odors as mentioned in par, 1.3.
2.3 The Town agrees to assist the appropriate District officials in the investigation
of complaints of odors within the Town limits.
2.4 The Town agrees to notify the Avon Wastewater Treatment Plant personnel of
any special events scheduled to occur within 2,500 feet of the treatment plant
property line.
2.5 The Town agrees to establish a line of exclusion for complaints arising from
within 75 feet of the 'W'astewater Treatment plant fence line.
3. Joint Actions
3.1 The Town and the District agree to release joint statements to the public and
press concerning the cause and resolution of any offsite odor excursions. (it
should be noted that both the Town and the District have open meetings where
the press might be present when odor issues are discussed)
3.1 Each party agrees to review this agreement every 12 months for purposes of
renewal.
3.3 Either party may terminate this agreement for cause with 30 days notice.
TOWN OF AVON ,���94a �� AJ"
Ju oder, a
EAGLE RIVER WATER AND SANITATION DISTRICT
Frederick P. Sackbauer, IV, Board President
Page 1 of 1
Patty McKenny
From: Jacquie Halburnt
Sent: Saturday, April 15, 2006 3:53 PM
To: Council - Everyone
Subject: Odor Agreement
Mac brought up the "odor issue" last meeting and I wanted to pass on our existing protocol for dealing with odor
issues.
The attached agreement was signed by TOA and ERWSD July 23rd, 2002. It outlines a mutual cooperation in
dealing with odor problems. This agreement was penned in lieu of an odor ordinance. Odor as a nuisance was
repealed from our Code on the same day the agreement was signed.
I prepared the attached synopsis if you are interested in how we got to the point of repealing the ordinance.
As a side note, I just became aware that Bob Trueblood is no longer with ERWSD (this was news to me, but
maybe not to others). He worked diligently with the town during his tenure to resolve odor problems. It is quite
possible they've "lost the recipe" as Mac noted in the meeting, since Bob is no longer there.
We've asked our Town staff report any odor excursions they observe in the course of their duties.
Thanks
Jacquie
Jacqueline Halburnt
Assistant Town Manager
Director of Human Resources and Public Information
Town of Avon
PO Box 975
Avon, CO 81620
970 - 748 -4025
970 - 748 -4078 (f)
jhalburnt @avon.org
www.avon.org
Avon ... a smoke -free community
4/18/2006
I will start by saying Burt Levin was our Town Attorney during this timeframe.
January 2001
Ordinance 00 -14 made it an unlawful public nuisance to permit the emission of odorous
air....
September 2001
Judge Buck questioned the constitutionality of our odor ordinance. He said it was vague
and lacked a standard to measure whether an odor violation had occurred. Burt suggested
using an ordinance similar to what was in place in Greeley, CO.
October 2001
A violation of a measurable standard of odorous air based on the Barnaby Chaney
Scentometer (our police officers were trained) was added to the code along with air
contaminant levels of no more than 20% opacity and a quantifiable violation of 3 or more
complaints within an 8 -hour period.
We also included an exception during repair and maintenance of machinery and
equipment, during temporary sources of events such as stock shows, and contaminants
existing solely within residences or plants /shops.
In a separate ordinance a fine of not more than $300 for each day there was an offense
was established.
July 23, 2002
Chapter 8.31 or Title 31 relating to odor pollution was repealed.
July 9, 2002 Council minutes indicate discussions had taken place between TOA and
ERWSD regarding using an IGA to monitor odor vs. the Town's code.
July 23, 2002 Council minutes indicate that if TOA agreed to sign the IGA, ERWSD
would dismiss a pending lawsuit with the Town. (We think the lawsuit was one of
unconstitutionality against the odor ordinance.)
Around the same time, Avon obtained a deed of easement from ERWSD for the bike
path. Paraphrased language from the deed include: we acknowledge the bike path is next
to a sewer plant and it is likely that odor will occasionally be emitted from the plant an
affect the bike path. Also, if ERWSD was criticized for any odor along the path, TOA
would help make any necessary public statements.
The IGA
Finally, the IGA that is currently in place outlines the duties of ERWSD as trying to
operate the plant odor free, they will notify TOA when the anticipate odors, and provide
a written explanation within 72 hours of odor excursions. The duties of TOA are to
notify ERWSD of any odor complaints, special events within 2500 feet of the plant, and
establish a line of exclusion for complaints arising from within 75 feet of the plant.
Jointly, we agreed to release joint statements about odor excursions, review the
agreement every 12 months. Either party can terminate agreement with 30 days notice.
We have not, to my knowledge, reviewed the agreement since 2002.
Police Department Complaints
The police department has taken the following number of complaints
28-2000
30-2001
3-2002
2 so far in 2006