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TC Ord. No. 2000-14 Amending Chapter 8.31 of the Avon Muni Code Relating to Odor PollutionORDINANCE NO. 00 - 14 AN ORDINANCE AMENDING CHAPTER 8.31 OF THE AVON MUNICIPAL CODE RELATING TO ODOR POLLUTION BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 8.31.030 of the Municipal Code of the Town of Avon is repealed and reenacted as follows: "8.31.030 Odor violations. It shall be deemed an unlawful public nuisance for any person to cause or permit the emission of odorous air contaminants or particulate air contaminants from any source such as to result in detectable odors and /or particulate emissions within the town which leave the premises upon which they originated and which unreasonably interfere with the comfort and convenience of the general public within the town." Section 2. Amendment. Section 8.31.035 of the Municipal Code of the Town of Avon is repealed. Section 3. Amendment. Section 8.31.040 of the Municipal Code of the Town of Avon is repealed. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 12 day of December , 200 0 and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 9 day of January , 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. ,' INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this _ 9 day of 7anuary 52001. APPROVED AS TO FORM: Burt Levin, Town Attorney Judy Yoder, Mayor STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9th DAY OF JANUARY, 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 00 -14 , SERIES OF 2000: An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 13th day of December, 2000. TOWN OF AVON, COLORADO IM Kris Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 15, 2000: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY - - - -- 0"4194U00 1 -U14 Y.Uumus r-abo AGREEMENT BETWEEN THE TOWN OF AVON, COLORADO AND EAGLE RIVER WATER & SANITATION DISTRICT IN CONJUNCTION WITH ODOR CONTROL WITHIN THE AVON TOWN LIMITS THIS INTERGOVERNMEN'T'AL AGREEMENT, made and entered into this J-2 day of 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 Iimits. 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 •.M •• rHHV IV•YV I lulll 6.1 %11.010 tJf U4f 04UOb 1-U 14 r UUJ /UUj r-M 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. 12 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 Wastewater 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. 14 ©Fq TOWN OF AVON 117 �� •• •.... �� Ju odor, a C�4 U R A'DIS4 EAGLE RIVER WATER AND SANITATION DISTRICT 7z! Frederick P. Sackbauer, IV, Board President