Utilities Department
Reference: CDPHE Compliance Order on Consent Related to Water Treatment Plant Discharges
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Scott Olsen, Director of Utilities
Date Prepared: February 19, 2026
PURPOSE
Requesting City Council approval of a resolution approving and authorizing a settlement Compliance Order on Consent (COC) between the Colorado Department of Public Health and Environment (CDPHE) and the City related to water treatment plant discharges and authorizing the City Manager to execute settlement documents on behalf of the City.
BACKGROUND
City of Brighton owns and operates a reverse osmosis water treatment plant for drinking water treatment. The treatment process removes water imperfections and concentrates them in a waste stream, known as brine. Approximately 20% of the water is discharged as the brine waste stream and the other 80% is delivered to customers for drinking water. The City of Brighton holds a permit authorizing the discharge of the brine to the South Platte River under certain limitations.
On December 11, 2023, the Colorado Department of Health and Environment (CDPHE) issued a Notice of Violation/Cease and Desist Order for alleged violations of the City’s permit. The City disputed the allegations, and the proceedings were placed on hold while the City provided updates on the construction of the new treatment plant, that does not utilize reverse osmosis, on a quarterly basis. The City and CDPHE engaged in settlement negotiations to resolve the matter without litigation, which resulted in the COC.
The COC requires the following:
• The City is required to submit a progress report to the CDPHE by December 31, 2026, outlining the construction progress on the new plant.
• The City must reach substantial completion (operational facility) of the new treatment plant by June 1, 2027, and submit a termination application for the brine discharge permit by September 30, 2027.
• The City must pay a $20,570.00 civil penalty.
FINANCIAL IMPACT
The financial impact to the City of Brighton Utility Enterprise is $20,570.00. This penalty has been accounted for in the budget contingency for the overall water treatment plant construction project.
STAFF RECOMMENDATION
City staff find that the COC and negotiated settlement is fair and in the best interest of the City of Brighton. Therefore, staff recommend approval of the COC and settlement, and authorization of the City Manager to execute the COC and settlement documents.
OPTIONS FOR COUNCIL CONSIDERATION
• Approve resolution as drafted
• Approve a modified resolution
• Deny the resolution
• Provide further direction to staff
ATTACHMENTS
• Resolution
• Compliance Order on Consent and Settlement Agreement
• PowerPoint presentation