Rules and Regulations

City of Cherry Hills Village Sanitation District
Regulations Governing Management of Its Wastewater Facilities

Chapter 1

General - Administrative

1.01 Authority. The City of Cherry Hills Village Sanitation District ("District") adopts these regulations in accordance with Colorado Revised Statutes §32-1-1001(m) and its obligations under a Connector’s Agreement dated May 12, 1997 between the District and the City of Englewood (sometimes “Englewood”).

1.02 Effective Date. These regulations are effective January 1, 2021 and supersede all former rules and regulations except as provided herein. If any violation of the District’s prior regulations has occurred prior to such effective date and is unknown at the time of the effective date, then that violation shall be governed by these regulations. Any violation existing prior to the effective date which is known on the effective date shall be governed by these regulations to the extent not inconsistent with prior regulations but otherwise in accordance with prior regulations. The original of these regulations shall be maintained by the Secretary of the District or designee with the records of the District and recorded in the office of the County Clerk and Recorder, Arapahoe County, Colorado.

1.03 Definitions. The following definitions apply to these regulations:

District Facilities. “District facilities” means the District’s sewer system consisting of all main and service lines together with sewer taps, manholes, fittings, valves, connections and other property owned by the District. District Facilities are sometimes referred to as a "sewer system" or a "public sewer".
Permit Premises. “Permit premises” means the property from which wastewater disposal has been authorized by a sewer tap permit through District facilities.
Property Owner. “Property owner” is the person or entity who owns the permit premises, who acquired a lawful sewer tap permit and who, within the time required by these regulations and according to the sewer tap permit, connects the permit premises owned by such person to the District’s sewer line by a service line.
Service Line. “Service line” means the sewer line, sometimes called a lateral line, connecting permit premises to the District’s main sewer line and that extends from the point of connection to the District’s main line to the point of connection to a building having wastewater for disposal.
Sewer Tap. A “sewer tap” is the physical device which connects a service line to the District’s line.
Sewer Tap Permit. A “sewer tap permit”, sometimes “permit”, is a document prepared and signed by the District and issued to a property owner for a required fee authorizing the disposal of wastewater from the property of the property owner into the District's sewer line on the terms contained in the document.
Sewer Tap Permit Fees. “Sewer tap permit fees” are those fees established by the District from time to time which must be paid to acquire a sewer tap permit. These fees are published on a separate statement of charges available at the District’s offices.
User. A “user” is any property owner or other person using District facilities for the discharge of wastewater.
Wastewater. “Wastewater” means the wastewater generated by (i) by use of toilets, sinks, showers, dishwashers, bath tubs and laundry machines and also detergents and other additives offered for sale and represented by their manufacturers as fit and suitable for household uses in residences, schools and businesses authorized by the City of Cherry Hills Village zoning regulations and (ii) under circumstances not involving adulteration by gasoline, other petroleum products or hazardous chemicals of any kind. Wastewater does not include any wastewater from industrial or manufacturing facilities without special consent from the District or ground, storm or surface water or waste prohibited by Englewood code provisions.

1.04 Englewood Code Provisions. The District is obligated to comply with all applicable Englewood code provisions and other local, state and federal laws applicable to its operations. Applicable Englewood code provisions are found in the Municipal Code of the City of Englewood, Title 12, Public Utilities, some of which have been restated as part of these District regulations. However, to the extent Englewood code provision are more restrictive than comparable District regulations, the Englewood code provisions shall prevail. To the extent these regulations do not cover issues which are covered by Englewood code provisions, the Englewood code provisions shall apply.

The following Englewood code provisions apply to most of the District facilities which drain into the sewer line and wastewater treatment facilities of the City of Englewood. The City of Englewood has adopted a "Wastewater Utility Ordinance," which contains the following sections:

12-2-1:   General Provisions
12-2-2:   General Regulation
12-2-3:   Fees and Charges
12-2-4:   Private Sewers, Connections and Repairs
12-2-5:   Industrial Wastewater Discharge Permits
12-2-6:   Enforcement and Penalties
12-2-7:   Limitations on Discharge
12-2-8:   Sewer Tap Fees
12-2-9:   Construction of Sewers; Extension of Mains; Costs; Inspection
12-2-10: Miscellaneous

The District hereby adopts and incorporates by reference the Wastewater Utility Ordinance as it now exists or is hereafter amended, from time to time, insofar as the provisions thereof are applicable to the District's operations and are more restrictive than the District’s regulations.

1.05 Englewood Connector’s Agreement. Substantially all of the sewage accepted by the District in its lines flows to Englewood’s wastewater treatment facility through Englewood sewer lines. The District’s right to use Englewood’s outfall sewer line to transmit its wastewater to Englewood’s treatment facility and the right to have its sewage treated there is governed by a Connector’s Agreement with the City of Englewood originally adopted on July 7, 1997 and renewed on March 4, 2019. So long as the Connector’s Agreement remains in effect, and as may be modified from time to time, the following material restrictions apply to users of District facilities:

The District has agreed that all code provisions and regulations of the City of Englewood including amendments thereto during the term of the Connector’s Agreement relating to the disposal of wastewater shall be the minimum standards for the District’s system.
The City of Englewood has the authority to and has imposed service fees on the District’s users that are payable annually. These fees are in addition to the fees imposed by the District.
The City of Englewood requires that its permitting requirements be enforced which requires payment of sewer tap fees to the City of Englewood.
Notwithstanding the foregoing, all other provisions of the Connector’s Agreement apply and are incorporated herein by reference.

1.06 Purpose. The District was organized to provide wastewater collection services for the property owners within its boundaries who were not at the time of organization served by another public wastewater collection system.

1.07 Jurisdiction. The District has jurisdiction over all property and persons within its boundaries as necessary for its management, supervision and control of all business and affairs of the District as defined or provided by law including all construction, installation, operation, maintenance and security of District facilities.

1.08 Service Plan. The District was not required to have a service plan approved as currently required by law and, in lieu thereof, has recorded a Statement of Purposes as required by law.

1.09 Statement of Purposes. The Statement of Purposes contains the purpose for which the District was formed, the services and facilities provided by the District and the boundaries of the District. The Statement of Purposes shall be modified from time to time in the event of material changes thereto.

1.10 Public Disclosure Document. Colorado law required the District to record, no later than December 31, 2014, a Public Disclosure Document and map of its boundaries meeting the provisions of C.R.S. §32-1-104.8. The District has complied with the foregoing law and shall amend the Public Disclosure Document from time to time in the event material changes are made thereto or the Statement of Purposes.

1.11 Management. The District shall be responsible for the management of its wastewater collection system. The District shall ensure that such system is kept properly cleaned and in good working order and repair. The District shall ensure proper compliance with all local, state and federal ordinances, statutes, laws, and regulations for collection of wastewater, shall comply with the Englewood Connector’s Agreement and all other connection agreements and shall perform all other duties required by good management standards.

1.12 Certified Operator. The District shall at all times employ a certified operator to supervise the sewer system as required by C.R.S. §25-9-101, et seq.

1.13 Administrator. The Administrator of the District shall have authority to act on behalf of the District subject to such restrictions as the Board of Directors of the District shall impose. The Administrator may be the same person as the certified operator.

1.14 No Liability. Notwithstanding any contrary provision in these regulations, the District shall have no liability for any damages to any person or property caused by the operation of District facilities including leaks, breaks, pressure changes, stoppages or other defects in District facilities absent gross negligence or intentional misconduct by the District.

1.15 Amendment. These regulations may be altered, amended or added to from time to time, and such alterations, additions or amendments shall be binding and effective the first day of the second month following both their approval by the District and thirty days' posting in a public place and on the District’s website or the website of the Special District Association if available and lawful. If an emergency is declared, these regulations shall be effective as stated therein.

1.16 Titles. Titles used in these regulations are for convenience only and shall not be considered in interpreting their meaning or scope.

1.17 Severability. If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application, and to this end the various provisions of these regulations are severable.

1.18 Public Records. All public records of the District shall be open for public inspection during ordinary office hours provided the Administrator has the right to permit inspection or copying at specified times by notice to any requesting party. Public records do not include those protected by the attorney-client privilege. Copying shall be at no cost. Upon receipt of a request for copying documents which the Administrator deems to be unreasonable, the Administrator may charge a reasonable fee subject to approval of the Board of Directors. Such fee may not exceed $30 per hour for time expended in satisfying the request or such greater amount authorized by law.

1.19 Annual Transparency Notice. Not more than sixty (60) days prior to and not later than January 15 of each calendar year, the District shall provide notice to the eligible electors in the manner provided by law of the information regarding its affairs as required by C.R.S. §32-1-809, as amended.

1.20 Inclusion. Any person requesting inclusion of land within the District shall file a petition for inclusion with the District and otherwise satisfy all legal requirements. The petition for inclusion shall be by form provided by the District. The District will condition any approval of the petition on the applicant’s reimbursing the District for all reasonable costs, attorney’s fees and engineer’s fees incurred in conjunction with processing the petition.

1.21 Exclusion. Any person requesting exclusion of land from the District shall file a petition for exclusion with the District and otherwise satisfy all legal requirements. The petition for exclusion shall be by form provided by the District. The District will condition any approval of the petition on the applicant’s reimbursing the District for all reasonable costs, attorney’s fees and engineer’s fees incurred in conjunction with processing the petition.

1.22 Easements. All District main lines shall be in a recorded permanent easement evidenced by an easement agreement between the property owner and the District recorded against the property. Permanent easements shall have a minimum width of thirty feet (30’) with the sewer main located to the extent possible no closer than ten feet (10’) from the edge of the easement. The District may require a temporary easement at the time of construction by District of fifty feet (50’) including the permanent easement. Failure to have a signed easement agreement recorded against any property containing a District main line is a violation of these Rules and Regulations which the District shall enforce consistent with Chapter 10.

1.23 Investment Policy. The District shall adopt and maintain an investment policy consistent with the requirements of Colorado law and apply it in the management of its funds.

1.24 Enterprise. The District is an enterprise within the meaning of the TABOR Amendment, Section 20 of Article X of the Colorado Constitution, and shall continue to operate as an enterprise unless the Board expressly decides that so operating is no longer in the best interests of the District.

1.25 Reserves. The District shall exercise its best efforts to maintain a reserve fund in an amount necessary to pay for obsolescence and depreciation of District facilities. This means that the District has the resources to sustainably maintain and replace its facilities as and when required without further levy for taxes or other charges. The District shall determine such amount and necessary annual contributions to maintain such amount from a report prepared by qualified engineers based upon reasonable assumptions and data relating to District facilities and associated economic, financial, technical and other relevant risk information. Such report shall be prepared as of the end of each four-year period beginning December 31, 2016. The District’s Board of Directors shall have full and complete discretion to make such reasonable assumptions as may be required by the engineers to complete the study.

1.26 Bidding Construction Work. The District shall comply with all Colorado laws relating to public contracts and have available for interested contractors forms for use in connection with those projects requiring public bidding.

1.27 Intergovernmental Agreements. The District is authorized to enter into an intergovernmental agreement with any other governmental entity including the City of Cherry Hills Village, City of Englewood, Arapahoe County, the Tri-County Health Department and other sanitation districts as necessary to efficiently effectuate its operations and to resolve any conflicting regulations.

1.28 Connection Agreements. In order to operate its sewer system as efficiently as possible, the District is authorized to connect to sewer mains not owned by it pursuant to terms of connection agreements entered into between the District and the owners of such other lines. In some cases, these connection agreements may require the District to operate in a manner consistent with the regulations of the entities providing the connecting lines and related outfall sewer line and treatment facility such as those owned by the Denver Metro Wastewater Reclamation District. The terms of each connection agreement shall be summarized and included in the District’s financial statements.

1.29 Gender. These regulations refer to the masculine gender for the sake of simplicity without intending to slight the female gender in any way.

Chapter 2

Septic Tanks and Other Private Disposal Systems

2.01. Connection Required by Failed System. All improvements within the District now lawfully disposing of wastewater by means other than the District facilities shall be connected to District facilities upon the failure of the system used at which time the existing system used shall be abandoned. Failure means that such system is overflowing, full or not functioning properly, and must be repaired to operate properly by work involving more than replacing tees (inlet and outlet) on septic tanks, adding risers to grade, replacing damaged risers, replacing septic tank manhole and riser lids, replacing pumps and floats on systems, replacing or redoing electrical work, replacing damaged or broken sections of sewer pipe, adding or replacing cleanouts to the sewer, adding or replacing valve boxes, or replacing damaged valves. Upon failure of such system, the property owner on whose property such system is being used shall within sixty (60) days purchase a sewer tap permit and make arrangements to timely connect his improvements to District facilities at property owner's expense.

2.02. Connection Required by District. The District may require the owner of any structure used for human occupancy, employment or activity, situate within the District to connect such structure to a public sewer, at such owner's expense, if a public sewer line is within four hundred feet (400') of the property line of the property upon which the structure is located. Such connection shall be made within ninety (90) days after notice from the District is served on the owner of the property affected; provided, however, that if such connection notice causes severe economic hardship to said owner, the owner may apply to the District for exemption. Such application shall state in detail the circumstances which are claimed to cause such economic hardship. Such exemption shall only be granted to residential users, shall not apply to other users, and shall be granted only for such time as the demonstrated hardship exists. If a public sewer is not available within four hundred feet (400') of the property line of the property upon which a structure is located and the District is unwilling to extend its sewer line at its expense to within the four hundred foot (400’) requirement, a private sewage disposal system constructed in accordance with applicable regulations of the Tri-County Health Department shall be authorized for disposal of wastewater.

Chapter 3

Construction

3.01. Separate Connections. Each single family residential lot or other separate ownership property needing wastewater disposal services or lots within a proposed subdivision shall be connected to District facilities by a separate service line without crossing other adjacent properties. No connection shall be made by extending the service line of one property to another property. The District may grant exceptions to this requirement under compelling circumstances.

3.02. Old Private Sewers. Upon demolition of an existing structure or replacement of service lines, the use of any existing or aging cast iron, clay tile or concrete pipes will not be permitted. The old pipes must be replaced with approved pipe. The District may grant exception to this requirement under compelling circumstances.

3.03. Plugging Abandoned Private Sewers. Abandoned private sewers shall be plugged at the sewer main at the user's expense upon discontinuance of service. Such plugging must be inspected and approved by the District. A plan review and inspection fee will be charged by the District. Existing sewer saddles or wye connections may be used for new service lines if approved by the District. If an abandoned service line is not plugged at the main within thirty (30) days of abandonment, the District may perform the disconnection and plugging and charge time and materials against the property.

3.04. Design and Construction. The size, slope, alignment, and materials of construction of a service line, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling the trench and all other work related thereto shall conform to the requirements of these regulations (see, e.g., Chapter 11) and the City of Cherry Hills Village Building and Plumbing Code or, if none, other applicable codes, laws, rules and regulations. If these codes are in conflict, the more restrictive one shall apply.

3.05. Private Lift Stations/Ejector Pumps. Wastewater lift stations or ejector pumps (“Lift Stations”) may be installed only by the Property Owner and only within the boundaries of Permit Premises.

Lift Stations contained wholly inside the foundation of the building to be served are components of the Service Line discussed in Chapter 7 and do not require approval or inspection by the District.
Lift Stations located outside the foundation of the building served are prohibited unless it is demonstrated to the satisfaction of the District that gravity flow to the public sewer cannot be achieved by other means. The Lift Station shall be fitted with a bolt-down lid with a gasket, vents that extend above the building roofline, and water tight containment structures with top rim elevations that extend at least six inches (6”) above the rim elevation of the nearest toilet bowl. The Property Owner shall enter into an agreement binding the Property Owner and all successors and assigns to hold the District harmless against any and all claims made by any person, the state or federal authorities and costs of related legal actions in the event of a failure, overflow, discharge or spill.

Chapter 4

Sewer Tap Permits

4.01. Sewer Tap Permit Required. No physical connection of any property or facility shall be made to District facilities or, once made, later modified for any purpose, unless a sewer tap permit shall have first been obtained authorizing such connection to permit premises or modification. A permittee shall have the right to use District facilities only on the terms and conditions described in the sewer tap permit subject to modification, suspension or revocation of such sewer tap permit by the District as herein provided. Sewer tap permits run with the permit premises and are not affected by changes in ownership.

4.02. Reserved Power. Notwithstanding issuance of a sewer tap permit, the District reserves full power and authority to determine all matters arising in connection with the control and use of the related sewer system and service line and all permits are subject to its power and authority.

4.03. Sewer Tap Permit. Applications for sewer tap permits shall be made by the property owner of the premises or his authorized representative. The sewer tap permit fee and fee for inspection of the service line, as established from time to time by the District, shall be paid to the District at the time the sewer tap permit is issued. The signature of the applicant or his authorized agent on the application for the sewer tap permit shall constitute the applicant's agreement to comply with these regulations and with the plans and specifications filed with the application, as corrected or modified, if at all, and approved by the District. If work under a permit is not commenced within one-hundred eighty (180) days from the date of issuance or, if after partial completion, the work is discontinued for a period of one-hundred eighty (180) days, the permit shall thereupon become void and no further work shall be done until a new permit shall have been obtained. The original fee shall be refunded less a one hundred dollar ($100.00) administrative charge and a new fee shall be paid upon the issuance of the new permit at the sewer tap permit fee then prevailing.

4.04. Form of Permit. The District's permits and applications therefor shall be upon such forms as District may approve from time to time. The application shall require the submission of all information reasonably necessary for the purposes of the permit including name of property owner, address, legal description of permit premises, purpose of facility on premises, size and amount of water sources on permit premises, description of sewage to be discharged, number of residential units if applicable, schedule for installation and name and address of installer of service line and such additional information as District may require.

4.05. Availability of Sewer Service. Prior to the issuance of a sewer tap permit, the District shall determine that sewer service is available either by a District sewer line or by another sewer line in an area in which the District has contractual rights. Otherwise, the District shall not issue a sewer tap permit. Sewer service is available when the District sewer line is adjacent to the property to be served and can be connected according to these regulations.

4.06. Demolished Residence or Other Improvements. The District’s sewer tap permit is unique to each property for which it was originally issued to serve. If any residence or other improvements on the property are later demolished in a manner to require disconnection, the sewer tap permit is extinguished and the user is required to obtain another sewer tap permit for the new structure as provided herein. Under such circumstances, no additional sewer tap fee shall be required if there is no change in the size of the water tap. If there is an increase in the size of the water tap, the District shall charge the user a sewer tap fee in an amount determined by subtracting from the then prevailing sewer tap fee for the new improvement the current tap fee for the prior improvement.

4.07. Suspension.

Causes for Suspension. The District may suspend any sewer tap permit, without obligation to refund any fee which may have been paid for the issuance of such permit, for any of the following reasons:
1. Failure to pay service charges or other fees when due.
2. Use of the sewer system for purposes not authorized by the permit.
3. Failure to comply with any of the regulations of the District.
4. Installation of an unauthorized cross connection or connections within the piping systems of any premises.
5. Failure to comply with any of the published standards of the District.
Notice of Proposed Suspension. When the District finds reasonable cause for suspension in accordance with these regulations and determines that suspension is appropriate, the District shall give written notice as required by Section 10.07 to the affected property owner of such finding and require that specified conditions be met prior to the effective date of a proposed suspension of service as set forth in such notice. If such conditions are met, the proposed suspension will not occur. The notice of proposed suspension will include:
1. The effective date of the proposed suspension, which date shall be no sooner than ten (10) days following the notice.
2. The reason(s) for suspension.
3. Notice to the property owner that he is entitled to a hearing before the District’s Board of Directors and may request such a hearing by contacting the Administrator within five (5) days from the date of the notice of proposed suspension. Said hearing shall be for the purpose of determining whether reasonable cause exists for suspension of service, and, if such cause exists, whether suspension should be undertaken in the particular case, with due consideration for such extenuating circumstances as may exist.
4. The telephone number to be called to request such a hearing.
5. An advisory to the property owner that at the hearing he will be permitted to appear in person and be represented by one person of his choice or legal counsel; that he has the right to present evidence and argument; the right to confront and cross examine any person, testimony or statement that may be relied upon by District as a basis for the suspension; and the right to examine a list of any witnesses who may testify for the District.
Hearings. Hearings on proposed suspension of permits, when required in conformity with these regulations, shall be conducted informally but with due regard to the minimum due process requirements established by the U.S. Constitution. If the specified conditions are not met as demanded in the notice and no hearing is requested within the time period and in the manner specified, sewer service shall be suspended immediately upon expiration of said period. If a hearing is requested, service will not be suspended until a final decision is made by the District.
Suspension. If, as a result of said hearing, it is determined that reasonable cause exists for suspension and said suspension should be undertaken in the particular case, sewer service shall be discontinued by any appropriate method including court order or severance by exposing the service line at its point of connection to the District’s public sewer, intercepting flow and plugging the service line. No suspension shall be effected sooner than ten (10) days after the date of mailing said final decision.
Reinstatement of Sewer Service. A suspended permit may not be reinstated and sewer service may not be resumed at a premises previously suspended under such permit unless and until the specified conditions set forth in the notice of proposed suspension or final decision of the District, in case of a hearing, have been met. The cost of suspension and reinstatement proceedings including special charges for costs of the hearing, the District’s reasonable attorney fees and costs associated with the resumption of service including inspection fees related to disconnection and reconnection shall be paid by property owner prior to reinstatement of sewer service.

4.08. Revocation.

Authority to Revoke. Any sewer tap permit to use District facilities may be revoked by the District without obligation to refund or repay any consideration which may have been paid in connection with the issuance of a permit for use of District facilities under such permit where grounds exist for suspension relating to the use of District facilities and where there also exist repeated, deliberate and willful violations of the conditions of service or these regulations.
Manner of Revocation. When a permit shall have been revoked, sewer service to the premises, with respect to which revocation is made, shall be discontinued as in the case of a suspension.
Due Process. The District shall accord to any property owner faced with revocation of a permit the same procedures as apply with respect to suspension as set forth in Section 4.07.
Withdrawal of Revocation. Such premises shall not thereafter be served unless and until a new sewer tap permit for service at such premises shall have been issued and a sewer tap permit fee paid. No such new permit shall be issued unless and until the applicant shall have complied with such conditions of service set forth in the notice or the final decision of the District if there was a hearing and paid all costs assessed with respect to the revocation proceedings including the cost of reinstatement, costs of the hearing, and the District’s reasonable attorney fees and costs incurred in connection with the revocation of service.

4.09. Summary. The Administrator is authorized to prepare a summary of these permitting regulations as a convenience to the public which, when approved by the District’s Board, shall be deemed part of these regulations.

Chapter 5

Service Fees and Billing Procedures

5.01. Annual Service Fees. Annual service fees shall be determined for any year (“fee year”) during the prior year (“determination year”) based upon information from the year before that (“information year”). The District shall impose annual sewer fees on its users in January each year in an amount sufficient to generate revenue substantially equal to the District’s operating costs actually paid during the information year plus any deficiency in reserves required in the information year to meet the reserve standards adopted by the District, and account for any other adjustments necessary at the discretion of the District Board, such amount hereafter called “the required amount”. To equitably allocate the annual service fees among all users of the system, the District hereby classifies all of its users into three classes as follows:

Class One. Users having residential water taps of ¾” or less or approved wells.

Class Two. Users having residential water taps of 1” or more.

Class Three. All other users.

Each class shall be assigned a class percentage based upon the average water consumption of such class during the period November 1 through February beginning with the information year as reported in the water consumption data made available by reliable sources (and adjusted for wells if material and practicable) compared to the total water consumption during such period for all classes. Each class shall be obligated to pay its share of the required amount based on its class percentage with the aggregate amount assigned to each class divided by the number of users in that class except that users in Class Three shall have their share of the required amount allocated according to their proportionate share of water consumed by all Class Three users, provided, if any user in Class Three does not consume water as shown by the records, each such user shall be attributed water usage in the amount of ten percent (10%) of the average water consumption of users of all persons in Class Three for whom water usage data is available and each Class Three user who has water consumption lower than the foregoing result shall be assumed to consume an equal amount of water despite records to the contrary. Annual service fees for Class Three users shall be determined as though such attributed water consumption were actual consumption. The District is authorized to round numbers and exercise discretion to expeditiously and equitably apply the foregoing procedures and set rates relative to the costs of providing service. The District is also authorized to develop procedures for gradually applying the foregoing procedures if it determines that any existing inequity can only be eliminated by such action.

5.02. Billing Frequency. The District’s practice is to bill for its service in January, annually in advance though it reserves the right to bill the annual service fee in increments periodically throughout the year or annually at times other than January when reasonable in context with requirements of applicable connection agreements.

5.03. Payment Responsibility. Bills for sewer service shall be sent to the address of the permit premises directed to owners of record at addresses shown by the Arapahoe County Assessor. The obligation to pay promptly for sewer service is not excused if the Owner or Occupant does not receive a bill. Whoever seeks sewer service must assume the obligation to keep such permit in force by paying all charges against the permit premises without notice. Bills and notices are sent solely as a convenience to users. The District shall have a first and prior lien on permit premises without further action on its part to secure payment for sewer services, other special services to the permit premises and the District's reasonable costs and attorneys' fees in enforcing the lien.

5.04. Delinquencies. Bills become delinquent thirty (30) days after billing date. Delinquent accounts are subject to permit suspension thirty (30) days after delinquency. District employees are not authorized to accept payment for sewer service at the permit premises or in any manner other than in the ordinary course of business. If sewer service is suspended on account of non-payment of a delinquent bill, other than for emergencies not caused by negligence of the property owner or his occupant, sewer service cannot be restored until all costs incurred by the District in connection with the disconnection and the reconnection of service shall have been paid.

Chapter 6

District Sewer Mains

6.01. Ownership of Sewer Mains. Sewer mains located in the District are owned by the District. Service lines are owned by the property owner subject to the jurisdiction of the District.

6.02. Installation of Sewer Mains. The installation of all sewer mains and other District facilities shall be performed pursuant to the following general policies:

Costs of Construction. All District sewer mains shall be constructed either by the District, subject to reimbursement of all costs by the Property Owner that necessitates sewer main construction, or by the Property Owner subject to the obligation to convey the completed main to the District pursuant to these rules and regulations. The District shall require a Developer Charges Agreement or similar agreement to reflect the obligation of the Property Owner to pay for District costs related to the review and approval of plans, construction observation, certification of the sewer main upon completion and any other District costs related to the sewer main.
Size. All mains which are to be installed will be large enough, as determined by the District, to provide service to the area intended to be served.
Dedicated Streets Preferred for Location. All mains shall be installed in dedicated streets except, when the District determines it is not possible or feasible for installation to be made in dedicated streets, installation may be made in easements in which the District’s right of occupancy and use is at least as good as if the area were a dedicated public street or way.
Trenches. All mains must be installed in trenches containing no foreign conduits unless otherwise specifically authorized in writing by the District and utilized in a manner to insure public safety.

6.03. Landowners, subdividers or developers who have completed construction of sewer lines in connection with a development (1) shall transfer these sewer mains and appurtenances to the District free and clear of all liens and encumbrances as of the District’s acceptance of the facilities, (2) provide the District a two-year warranty in a form acceptable to the District evidencing the constructor’s obligation to correct, repair or replace any defective work, defective or inappropriate materials, or resulting damage to the sewer mains, sewer main appurtenances, the sewer main site or adjacent areas commencing from the date of acceptance of the facilities by the District, (3) shall deliver signed “as-built” plans and supporting details showing the surveyed location of the sewer mains, the location of all wye connections to service lines, the location of manholes and other appurtenant facilities and (4) shall deliver an adequate accounting of the actual cost of the transferred facilities.

6.04. Maintenance. The District operates and maintains all District facilities including all sewer mains within the District which have been completed, accepted and transferred to the District. Mains or other District facilities which are damaged by acts of individuals or entities other than the District will be repaired by the District at the expense of those causing the damage. The District is authorized to adopt any maintenance plan it deems reasonable under the circumstances provided the District shall make every effort to clean and inspect by video at least twenty-five percent (25%) of the District’s main lines each year and to promptly repair any defects in the District’s sewer system as they are discovered. The District has the right to maintain its sewer mains even though, in doing so, the use of any service line is compromised. This can occur, for example, where the lining system technology used to repair leaks in the main line causes some lining to extend a short distance into the service line thereby causing a minor circular ridge which could impede the flow of sewage.

Chapter 7

Service Lines

7.01. Ownership of Service Lines. The service line shall be owned, installed and maintained at the expense of the property owner. They are nonetheless District facilities and subject to the jurisdiction of the District.

7.02. Installation of Service Line. Any property owner intending to use District facilities has an affirmative duty (1) to construct a service line according to the requirements of these regulations, (2) to pay all costs and expense incurred in connection with the construction and installation of the service line, (3) to save, defend and hold the District harmless from any and all loss or damage that may directly or indirectly be occasioned by installation or use of the service line or leakage or infiltration of the service line, (4) to maintain the service line in good condition, (5) to make such repairs of the service line as the District may determine to be required to prevent leakage or infiltration, (6) to use bonded contractors with respect to all work required in the construction, installation and maintenance and repair of the service line, (7) to pay for any damage to District facilities which occurs during installation of the service line, (8) to adequately guard with barricades and lights service line installations in process to protect the public, (9) to restore grates, sidewalks, parkways and other public property disturbed in the course of the work in a manner satisfactory to the District, and (10) to design and construct the service line in accordance with the requirements and standards specified in these regulations.

7.03. New Construction Over Existing Service Line. If a property owner wishes to build a new, permanent structure over an existing service line, the service line shall be relocated and accessible from the surface of the ground and replaced with pipe material approved for use inside a building. If the location of an existing service line is unknown, the property owner is responsible for locating the service line.

7.04. Service Line Inspection. The holder of a sewer tap permit, or his authorized agent, shall notify the District when the service line is ready for inspection and connection to District facilities. Such notification shall be given by the contractor making the connection not less than twenty-four (24) hours before the work is to be inspected. The connection shall be made under the supervision of the District. When any work has been inspected and the work not approved, the property owner shall reinstall the work authorized by the sewer tap permit under the supervision of the District. If a property owner’s contractor completes connection of a service line to the District’s sewer main without calling for an inspection, the contractor, at the sole cost and expense of the contractor and property owner, shall be obligated to take such action as is necessary for the District to inspect the connection including work to expose the connection. If the contractor calls for an inspection and fails to arrive at the appointed time, the property owner shall be charged a fee in the amount of one hundred dollars ($100). If the contractor is required to re-excavate to permit inspection of an unauthorized connection, such re-excavation and inspection shall be accomplished no later than ten (10) days from notice furnished by the District to the contractor or the property owner, failing which the contractor and property owner shall suffer a penalty of one hundred dollars ($100) per day until the inspection occurs and results in the District’s approval of the connection. Until the connection is approved, the permit premises cannot lawfully use the District’s sewer line for wastewater disposal purposes. The District is authorized to assess penalties according to these regulations for use of District facilities prior to approval.

7.05. Standards. The following standards apply with respect to the installation of service lines:

If the diameter of a service line is larger than 50% of the diameter of the District’s main sewer line to which it will be connected, a saddle (“Y”) connection is not permitted (e.g., a saddle connecting a six-inch (6”) service line to an eight-inch (8”) or ten-inch (10”) main is not permitted). Rather, the service line connection to the main line must be cut into the District’s main line using gasketed “wye” fittings and strong back couplings. A minimum of one foot (1’) of pipe is required between the bell fitting and coupling to the service line. Squeegee bedding is required a minimum of six inches (6”) below pipe and one foot (1’) above pipe.
No connection of a service line to the District’s sewer system shall be made except in a public street or District easement.
All service lines shall be installed according to the material and engineering standards of the District relating to (1) location, size and strength of pipes and (2) the size, slope, alignment, excavating methods, placing of the pipe and cleanouts, jointing, testing and backfilling the trench as specified in the engineering requirements set forth in these regulations.
All costs and expenses incident to the installation and connection of a service line shall be borne by the property owner.
Any property owner who has added an accessory structure to his residence without adding an additional water tap or increasing the size of the existing water tap shall be allowed to extend the existing service line to the accessory structure by obtaining a permit for a cost of 50% of the prevailing sewer tap fee of an owner having a 3/4" water tap which permit shall be obtained by application containing all reasonable information relating to the service line extension.
Whenever possible, the service line shall be brought to the serviced building at an elevation below the basement floor. If gravity is not available at such elevation, a lift station approved by the District may be used at the expense and cost of the property owner.
The service line shall be used only to drain wastewater authorized by these regulations.

7.06. Relocation by District. For good cause, the District may relocate a service line to another location on the permit premises at District expense unless such relocation is necessitated by failure of the permittee to conform to conditions of the permit in which case relocation costs shall be paid by the property owner.

7.07. Maintenance. The property owner is responsible for maintenance and protection of his service line and related fittings. The District is not responsible or liable for any claim or damage arising from a property owner’s service line. No permittee is entitled to reimbursement or other compensation from the District for damages incurred by property owner for any reason related to the service line or its connection to District’s sewer line. The property owner shall hold the District harmless from any loss, claims, or damage including reasonable attorney fees that may directly or indirectly arise in connection with the installation and use of the service line. Property owner shall be liable for all damage caused by defects or unauthorized discharges from his service line.

7.08. Inspection of Service Lines and Permit Premises. In furtherance of its obligation to maintain and operate District facilities and to obtain knowledge of potential or actual discharges of unlawful wastes, the District may monitor and inspect service lines and permit premises and enter upon permit premises for the purpose of inspecting, observing and making inquiry relative to service lines, related systems, operations and processes pertaining to the disposal of wastewater. Inspections shall be made at reasonable times and hours upon advance notice if practicable. All measurement, testing and sampling of wastewater shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater” or equivalent customary standards. Upon request, the District will submit a copy of the results of the testing and analyses of samples to the property owner from which the sample was obtained. If a property owner believes the results obtained from the sampling of his wastewater are not representative, he may request that the procedure of sampling and testing be repeated. The District will honor such request, provided (1) the property owner submits sound reasons as to why he believes that the previous results are in error, (2) the property owner agrees to bear all costs of the additional sampling, testing and analyses if it turns out that the testing results are the same or substantially the same as the first test, and (3) the second testing work can be conveniently scheduled.

7.09. Division of One Property into Two Properties. If a permit premise served by one service line is later divided into two ownerships, then, upon the change in ownership, the owner shall be required, at owner’s cost and expense including payment of a tap fee, to install a second service line to that permit premises which can be most economically connected unless a different arrangement is agreed upon by the two property owners. If two permit premises are currently owned by different property owners but both are served by the same service line, then the first owner to sell shall, at his expense unless otherwise agreed by the two property owners, be required to install the second service line to that permit premise which can be most economically connected unless a different arrangement is agreed upon by the two property owners.

7.10. Pretreatment Facilities. If any wastewater is discharged or proposed to be discharged to District facilities containing substances or possessing characteristics which, in the judgment of the District, may have a deleterious effect upon District facilities or those of the City of Englewood or other treatment facility or that violate these regulations or that otherwise create a hazard to life, constitute a public nuisance or violate any law, the District may reject the wastewater, require pretreatment to an acceptable condition for discharge to its sewer lines, require control over the quantities and rates of discharge, and require payment to cover the added cost of handling and treating such wastewater.

Chapter 8

Quality Control

8.01. Prohibited Discharges to District Facilities. In addition to discharges prohibited by Englewood code provisions, the District also prohibits the following discharges:

Water which has been used for cooling or heat transfer purposes without recirculation, discharged from any system or condensation, air conditioning, refrigeration or similar use, unpolluted process waters, and swimming pool drainage unless the sewer tap permit provides otherwise.
Discharges of any substances directly into a manhole or other opening in District facilities other than through an approved service line, unless the sewer tap permit provides otherwise.
Storm water and/or ground water drainage from ground surface, roof leaders, catch basins, sump pumps, or any other source including subsurface drainage or ground water.
Authorized discharges of such a nature and delivered at such a rate, quantity, quality, or other nature as to impair the strength or the durability of District facilities, whether by chemical or by mechanical action or to restrict flow or impair the hydraulic capacity of District facilities.
Water or waste containing any sand, hay, straw, manure, pet waste, cat litter, petroleum products or chemicals or grease or oil or other deleterious or hazardous substances as defined in Englewood code provisions.
Discharge of wastewater or any other prohibited discharge into District facilities prior to District’s approval of the service line connection.

8.02. Adoption of Rules and Regulations. To comply with applicable requirements of the Clean Water Act (33 U.S.C., §§1251, et. seq.), the laws of the State of Colorado, the Metro Wastewater Reclamation District, the District's contractual obligations to the City of Englewood, and the rules and regulations of the federal government adopted under the provisions of the Clean Water Act, as contained in 40 CFR Section 403, the discharge standards contained in the foregoing are hereby adopted as additional standards for control of all discharges within District facilities and the discharges of those residing outside the District who are users of District facilities.

Chapter 9

Penalties and Service Charges

9.01. Charges. The District is authorized to levy civil penalties which include fines and service charges according to this Chapter 9.

9.02. Penalties. When the District finds that a user has violated, or continues to violate, any provision of these regulations, the District may fine such user and the property owner in an amount not to exceed one hundred dollars ($100.00) per day per violation. Each day of violation is a separate violation. The District may increase such penalty by the amount of any penalties assessed against the District by federal, state, or local governments, or by the City of Englewood or the Metro Wastewater Reclamation District.

9.03. Liens. The District shall have a first and prior lien against the user's property to secure payment of all unpaid charges, fines and penalties.

9.04. Service Charges. The District is authorized to assess reasonable costs or fees for designated services performed for the benefit of individual users where it would be inequitable to other users in the District if they were required to bear the cost burden of such services. Such designated services include but are not limited to (1) establishing a pretreatment program for a particular user and subsequent supervision thereof, (2) sewer tap permit issuance, (3) public notice costs related to a particular user, (4) enforcement costs related to a particular user, (5) cleanup costs following unlawful discharge by a user, (6) plugging an abandoned septic system or service line, (7) location of wye connection points, and (8) any other service provided for herein or later determined by the District as qualified for separate fees.

9.05. Indemnity. Each property owner agrees, by accepting a sewer tap permit, to save, defend and hold the District harmless from any and all loss, cost or damage occasioned to the District by action of the property owner including installation, maintenance and unlawful discharges from service lines or lift stations or other violation of the sewer tap permit. Such loss, costs, or other damages shall include damages incurred by the District or to which it is exposed by reason of claims against it by other property owners, federal, state or local authorities, fines, penalties, costs and reasonable attorney’s fees. User’s performance of this indemnity shall be secured by a first and prior lien against the property owner’s property.

9.06. Repair of District Facilities. When a discharge of wastes causes an obstruction, damage or any other impairment to District facilities and such discharge is caused by one or more users, the District may require such users to pay for the work required to clean or repair the District facilities.

9.07. Enforcement Costs. In order to enforce the provisions of these regulations, the District may, at its option, correct any violation. The District shall charge all costs of enforcing these regulations to those persons responsible for their violation, jointly and severally, including property owners, users and any other person complicit in the violation. The District shall assess enforcement costs by date, property description, detailed cost and reason for incurring the cost. The District may condition issuance of any requested permits or consents requested by such persons on payment of all applicable penalties and damages.

9.08. No Bar. The District’s assessment of a penalty or service charge hereunder shall not be a bar against its taking other action against a violator of these regulations.

Chapter 10

Enforcement

10.01. Enforcement Remedies. The District shall have the following enforcement remedies:

Routine remedy
Formal remedy
Imposition of penalties not exceeding one hundred dollars ($100) per day per violation following the District’s determination of a violation of these regulations or those of the City of Englewood
Issuance of compliance orders
Suspension of the sewer tap permit
Revocation of sewer tap permit
Legal action or injunction or damages in the Arapahoe County District Court or other court having jurisdiction
Recovery of all sums due by a property owner to the District arising by reason of unpaid service charges, damages or losses covered by indemnity and enforcement including foreclosure of liens upon property owner’s permit premises.

10.02. Routine Remedy. If the District finds that any user has violated or is currently violating District regulations or terms of a sewer tap permit or any order of the District, or any prohibition or limitation or requirements contained herein, the District may serve upon such user a written notice of violation stating (1) the address of and nature of the violation, the date or approximate date of the violation, whether the violation is continuing, (2) such remedial action as may be necessary to stop the violation, (3) the penalties and action the District is authorized to impose or take if the violation continues, and (4) the time for remedying the violation to avoid further action by the District.

10.03. Formal Remedy.

Notice of Violation. When the District finds that a user has violated, or continues to violate, any provision of these regulations, a sewer tap permit, or order issued hereunder, or any pretreatment requirement, the District may serve upon the user a written notice of violation. Within five (5) working days of the receipt of such notice, the user shall submit to the District an explanation of the violation and a plan for the satisfactory correction thereof, to include specific required actions. Submission of such a plan in no way relieves the user from liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the District to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.
Compliance Order. When the District finds that a user has violated, or continues to violate, any provision of these regulations, a sewer tap permit, or order issued hereunder, or any other pretreatment requirement, the District may issue an order to the user responsible for the violation directing that the user come into compliance within a specific time. If the user does not come into compliance within the time provided, sewer service may be discontinued by suspension of the sewer tap permit unless adequate remedial action is taken to address the non-compliance. A compliance order may not extend the deadline for compliance established by a pretreatment requirement, nor does a compliance order relieve the user from liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user including the issuance of a Notice of Violation. If the notice so specifies, the user cited shall, within five (5) days of the date of the aforesaid notice, submit to the District either its agreement to perform the remedial action set forth in the notice or a written plan different from the required remedial action believed by the user to be sufficient to correct the violation, together with a time schedule for each specific action or part thereof together with the expected ultimate completion date thereof. If the cited user agrees to perform the remedial action and fails to complete the same by the specified date, the District shall be authorized to complete the remedial action itself, shall charge the cited user for all costs incurred in doing so and shall have a first and prior lien on the user’s property served by the District as security for payment. If the cited user submits a different plan for remedial action, the cited user shall appear and show cause at a specific time and place as to why the proposed remedial action is superior to the remedial action proposed by the District. If the District disagrees, the cited user shall undertake to perform the District’s proposed remedial action. It shall complete the same no later than a date determined by the District at the time of the hearing. Such notice shall be mailed to the cited user at the address shown on the records of the District and a copy shall be delivered to such address. If the user and the District are not able to correct the violation, the District may proceed to issue a show cause order as provided herein.
Consent Orders. The District may enter into consent orders, assurances of compliance, or other similar documents establishing an agreement with any user responsible for non-compliance. Such documents shall include specific actions to be taken by the user to correct the non-compliance within a time period specified by the document. A consent order may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by the District and the user.
Show Cause Hearing.
1. At any time contemporaneously with or following issuance of a compliance order, the District shall issue an order to the user to appear before the District’s Board of Directors and show cause why specified proposed enforcement action should not be taken. The order shall be served on the user and shall specify the time and place for the hearing, the proposed enforcement action, the reasons for such action, and a request that the user show cause why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least ten (10) days prior to the hearing. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the user.
2. The District’s Board of Directors shall conduct the hearing and take the evidence and, in furtherance thereof, may issue in the name of the District notice of the hearing and subpoenas for the attendance of witnesses and the production of evidence relevant to any matter involved in any such hearings. At the hearing, the District’s Board of Directors shall hear and receive the evidence, make findings of fact and conclusions of law and issue such enforcement orders and penalties as it deems appropriate. In lieu of the District’s Board of Directors doing the foregoing, it may appoint a qualified master to do so who shall proceed in the manner provided for in C.R.C.P. 53 according to the terms of the appointment. Transcripts of the testimony and a record of admitted evidence shall be maintained. Testimony taken before the hearing, shall be under oath and shall be 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 therefor. Any user subject to a final order of the District shall have the right to appeal the same in the manner proscribed under Colorado law for appeals from final agency action.

10.04. Legal Action. The District may apply to the Arapahoe County District Court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, without necessity of bond, restraining any person from the continued violation of these regulations and, if successful, shall be entitled to its costs and reasonable attorneys’ fees.

10.05. Cost of Enforcement Actions. A property owner's acceptance of sanitary sewer service from the District shall constitute his agreement to pay, upon receipt of a statement, all reasonable enforcement costs and penalties incurred by the District under the provisions of these regulations. Failure of a property owner to pay such reasonable costs within thirty (30) days of billing shall be treated as a violation of these regulations and shall be cause for any action permitted by these regulations including revocation of the sewer tap permit and suspension of services as determined by the District.

10.06. Inequitable Enforcement Provisions. If any lawful claim of the District for damages or performance is, by reason of mistake, misunderstanding or other cause, deemed inequitable by the Board of Directors, then, either upon its own motion or upon application by the property owner served by the District against whom the District’s claim is asserted, the District has the right, in its sole discretion, to adjust or eliminate such claim for damages or performance as it deems appropriate notwithstanding any other provision in these regulations.

10.07. Notice. Service of notice for any purpose related to enforcement proceedings provided for by these regulations shall be considered complete (i) upon delivery of the notice to the property owner or person eighteen years of age or older who is living on the property of the property owner or by posting a copy of the notice on the property in question in a conspicuous place and (ii) by mailing a copy of such notice, registered mail, to the record owner of the affected property at the address shown in the current records of the Arapahoe County Assessor and in the records of the District.

Chapter 11

Engineering Standards

All design, construction and other operations relating to District facilities or connection of service lines to District facilities shall be conducted according to the standards and specifications set forth in the "Design Standards For Wastewater Collection Facilities” of the District, Revised July 2013, as modified from time to time by amendments to the construction and engineering standards contained therein, a copy of which is on file with the District. Notwithstanding the foregoing standards, the District does not permit use of ABS (acrylonitrile butadiene styrene) pipe or VCP (vitrified clay pipe).

Approved by the Board of Directors of the City of Cherry Hills Village Sanitation District at a meeting of the Board of Directors held on November 9, 2020.

/s/*_______________________________________
Secretary

*Please contact the District to request a copy of the signature page.