The purpose of this chapter is to regulate nonstorm water discharges to the storm drainage system, as required by federal and state law, to protect and enhance the water quality of our watercourses, water bodies and wetlands in a manner consistent with the federal clean water act. The objectives of this chapter are:

A. To regulate the introduction of pollutants to the municipal separate storm sewer system (MS4);

B. To prohibit illicit connections and discharges to the MS4;

C. To provide for inspection and monitoring procedures necessary to ensure compliance with this chapter;

D. To reduce pollutants in storm water discharges from construction activity by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land;

E. To require permanent storm water runoff controls to be constructed along with development to reduce, to the maximum extent practicable, the deterioration of water quality; and

F. To promote public awareness of the hazards involved in the improper discharge of pollutants into the storm drainage system. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

BEST MANAGEMENT PRACTICES (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to storm water, receiving waters, or storm water conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

CDPHE: The Colorado department of public health and environment.

CLEAN WATER ACT: The federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.

DIRECTOR: The town of Erie public works director or designee.

DISTURBED AREA: That area of the land's surface disturbed by any work or activity upon the property by means including, but not limited to, grading; excavating; stockpiling soil, fill, or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned for agricultural use.

FACILITY: Any building, including a private home, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.

HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or to the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

ILLICIT CONNECTIONS: Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not limited to, any conveyances which allow any nonstorm water discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the storm drainage system from indoor drains, sump pumps and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved.

ILLICIT DISCHARGE: Any direct or indirect release of pollutants to the storm drainage system, except as exempted in subsection 8-4-5B of this chapter.

INDUSTRIAL ACTIVITY: Activities subject to NPDES industrial permits, as defined in 40 CFR, section 122.26(b)(14).

MOBILE WASHING OPERATION: A commercial activity involving power washing, steam cleaning, and any other method of mobile cosmetic cleaning of, by way of example, the following: vehicles, fabric, pets and/or exterior surfaces.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): Publicly owned facilities by which storm water is collected and conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and humanmade or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT OR NPDES PERMIT: A permit issued pursuant to section 402 of the clean water act, including permits issued by the state of Colorado in compliance with the act.

NONSTORM WATER DISCHARGE: Any discharge to the storm drain system that is not composed entirely of storm water.

OPERATOR: The individual who has day to day supervision and control of activities occurring at the construction site, includes the owner, the developer, the general contractor or the agent of one of these parties.

OWNER: The person who owns a facility, development, part of a facility, or land.

POLLUTANT: Any sewage, sewage biosolids, garbage, chemical waste, biological material, solid waste, incinerator residue, ash, munitions, radioactive material, heat, rock, sand, cellar dirt and industrial and agricultural wastes discharged into the water.

POLLUTION: The presence in waters of the state of any substances, contaminants, or manmade or man induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.

PREMISES: Any building, lot, parcel of land, or portion of land whether improved or unimproved, and including adjacent sidewalks and parking strips.

RECEIVING WATER: Any water of the state of Colorado that receives a storm water discharge from MS4, including all watercourses, even if they are usually dry, and irrigation ditches that receive municipal storm water. It also includes storm sewer systems owned by other entities.

SPILL: Any intentional or unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the state.

STORM DRAINAGE SYSTEM: See definition of Municipal Separate Storm Sewer System (MS4).

STORM WATER: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

STORM WATER MANAGEMENT PLAN (SWMP): A plan describing the BMP and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, MS4, and/or receiving waters to the maximum extent practicable.

THREATENED DISCHARGE: A condition creating a substantial probability of harm, which make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.

WASTEWATER: Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

WATERCOURSE: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake, including major drainageways, in which storm water runoff and floodwater flow, either regularly or infrequently.

WATERS OF THE STATE OF COLORADO (WATERS OF THE STATE): Any and all surface and subsurface waters that are contained in or flow in or through the state of Colorado. This definition includes all watercourses, even if they are usually dry. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

This chapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by this chapter. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

The director shall administer, implement, and enforce the provisions of this chapter. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Illicit Discharges Enumerated: No person shall discharge or cause to be discharged into the MS4 or watercourses any illicit discharge, including, but not limited to, the following:

1. Chemicals, petroleum products, paint, varnishes, solvents, oil and grease and other automotive fluids, pesticides, herbicides, and fertilizers, or other toxic materials;

2. Nonhazardous liquid, solid wastes and yard wastes;

3. Hazardous materials, sewage, fecal coliform and pathogens, dissolved and particulate metals;

4. Trash, refuse, rubbish, garbage, food wastes, pet wastes, litter, other discarded or abandoned objects, floatables and cleaning products;

5. Landscaping materials, sediment, lawn clippings, leaves, branches or other landscaping and yard debris;

6. Construction activities wastes and residues including, but not limited to, painting, paving, concrete placement, saw cutting, material storage and earthwork;

7. Wastes and residues that result from mobile washing operations; discharges from toilets; sinks; industrial processes; cooling systems; boilers; fabric cleaning; equipment cleaning; commercial vehicle cleaning and substances added to the storm drain to control root growth;

8. Any other material that is considered harmful to humans, animals, or aquatic life and its habitat.

B. Exemptions: The following discharges, when properly managed, are exempt from the discharge prohibitions established by this chapter:

1. Water line flushing or other potable water sources, landscape irrigation or lawn watering, irrigation return flows, diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, roof drains, foundation or footing drains, crawl space pumps, air conditioning condensation, springs, individual residential car washing, natural riparian habitat or wetland flows, swimming pools (if dechlorinated, less than 0.05 ppm chlorine), firefighting activities, street wash water and any other water source not containing pollutants.

2. Discharges approved by the authorized enforcement agency necessary to protect public health and safety, such as flows from firefighting and street sweeping.

3. Dye testing, provided the person undertaking such testing provides verbal notification to the authorized enforcement agency twenty four (24) hours prior to the time of the test.

4. Runoff of roadway and sidewalk anti-icing and deicing agent; provided that they are applied according to best management practices.

5. The prohibitions set forth in this section shall not apply to any nonstorm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued and administered under the authority of the federal environmental protection agency (EPA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the town for any discharge to the storm drain system. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. It is unlawful to cause materials to be deposited in such a manner or location as to constitute a threatened discharge into MS4 or waters of the state. Pollutants that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up.

1. Cleaning Of Paved Surfaces Required: The owner of any paved parking lot, street or drive shall clean the pavement as necessary to reduce, to the maximum extent practicable, an illicit discharge of pollutants. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this chapter.

2. Materials Storage: Materials including, but not limited to, stockpiles used in construction and landscaping activities shall be stored to reduce, to the maximum extent practicable, the release of pollutants.

3. Pesticides, Herbicides And Fertilizers: Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Pesticides, herbicides and fertilizers shall be stored in a manner to prevent release to the MS4. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

The owner or operator of a commercial or industrial establishment or a disturbed area shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of structural and nonstructural BMPs. Further, any person responsible for premises, which are, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the MS4. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Whenever the director has reasonable cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the director shall have the right to enter the premises at any reasonable time to determine if the owner or operator is complying with all requirements of this chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the town is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

B. The director shall have the right to set up on the property of any discharger to the MS4 such devices that are necessary to conduct an investigation of such discharges. The investigation may include, but is not limited to, the following: sampling of any discharge or process waters, the taking of photographs, interviewing staff on alleged violations, and access to any and all facilities or areas within the premises that may have any effect on the discharge.

C. If the violation constitutes an immediate danger to public health or public safety, the director is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

Notwithstanding other requirements of law, as soon as any person responsible for any premises, facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of nonhazardous materials, said person shall notify the director in person or by phone no later than twenty four (24) hours after the release. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the director within five (5) calendar days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Permit Required: It shall be unlawful for any person to conduct any activity resulting in the following total disturbed area without first obtaining a storm water quality permit:

1. One acre or more.

2. Less than one acre if such activities are part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules.

3. The town may also require a storm water quality permit regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan, or if the construction activities are adjacent to a watercourse or wetlands.

B. Exemptions: The following activities are exempt from this chapter:

1. Agricultural land management activities; and

2. Maintenance and repair to any storm water facility or practice deemed necessary by the director.

C. Permit Application: Applications for storm water quality permits shall be filed on a form prescribed by the town.

1. In support of the application, the applicant shall submit all information required on the town's form and any additional information requested by the town.

2. The application shall be signed by all persons responsible for compliance with the permit throughout the permit's validity.

3. The application shall include documentation of an application for a CDPHE storm water general permit for construction activities and a completed SWMP which must include an erosion and sediment control plan.

D. Permit Approval Required: Construction activities may not proceed until permit approval is received from the town.

E. Permit Issuance/Denial: The town shall within thirty (30) working days of its receipt of a completed storm water quality permit application either issue or deny a permit. The permit may be denied if the applicant fails to provide the information required by this section. If a permit is denied, the applicant shall be notified, in writing, of the grounds for denial and of the corrective actions that must be taken to obtain a permit. An applicant may appeal the denial in writing to the town administrator no later than thirty (30) calendar days from the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The town administrator shall within thirty (30) calendar days of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the town administrator's decision.

F. Permit Fees: Fees for any permit required by this chapter shall be established from time to time by resolution of the town board of trustees, and no permit shall be issued until and unless the fee has been paid. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Preparation Of SWMP: The SWMP shall be prepared in accordance with the requirements of the most recent SWMP guidance document prepared by the CDPHE, and the engineering, hydrologic and pollution control practices outlined in the town's current standards and specifications for design and construction of public improvements.

B. SWMP Required On Site: The owner or its representative will be required to have the approved SWMP on site at all times and shall be prepared to respond to maintenance of specific BMPs.

C. Inspection Of BMPs: The owner or their representative shall inspect all BMPs at least every fourteen (14) days and within twenty four (24) hours after any precipitation or snowmelt event that causes surface runoff. Effective March 30, 2005, inspections of BMPs shall be conducted by an individual who has successfully completed formal training in erosion and sediment control by a recognized organization acceptable to the director. A certification of successful completion of such training shall be provided upon request.

D. Modifications To SWMP: Based on inspections performed by the owner or by town personnel, modifications to the SWMP will be necessary if at any time the specified BMPs do not meet the objectives of this chapter. In this case, the owner shall meet with town personnel to determine the appropriate modifications. All modifications shall be completed within seven (7) days of the referenced inspection, and shall be recorded on the owner's copy of the SWMP.

E. SWMP Review/Changes: The operator shall amend the plan whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the potential for discharge of pollutants to the MS4 or receiving waters, or if the SWMP proves to be ineffective in achieving the general objectives of controlling pollutants in storm water discharges associated with construction activities.

F. Records Of Inspection: Records of inspection are to be maintained on site with the SWMP and are to be available to the town inspector upon request. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. All BMPs designed to meet the requirements of this chapter shall comply with the following technical standards:

1. "Urban Drainage And Flood Control District's Urban Storm Drainage Criteria Manual", volume 3, BMP or its successor.

2. Any other alternative methodology approved by the town, which is demonstrated to be effective. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Permanent BMPs: Land development that meets the requirements of this chapter must address storm water runoff quality through the use of permanent BMPs which shall be maintained in perpetuity.

1. Structural BMPs, such as pipes and inlets, located on private property shall be owned and operated by the owner(s) of the property on which the BMP is located, unless the town in writing agrees that a person other than the owner shall own or operate such BMP.

2. As a condition of approval of the BMP, the owner shall also agree to maintain the BMP to its design capacity unless or until the town relieves the property owner of that responsibility in writing. The obligation to maintain the BMP shall be memorialized on the subdivision plat, annexation plat, development agreement or other instrument or in a form acceptable to the town and shall be recorded in the office of the county clerk and recorder.

B. Certification Of Permanent BMPs: Upon completion of a project, and before construction acceptance and/or a certificate of occupancy shall be granted, the town shall be provided a written certification stating that the completed project is in compliance with the approved final drainage plan. All applicants are required to submit "as built" plans for any permanent BMPs after final construction is completed and must be certified by a Colorado licensed professional engineer. A final inspection by the town is required before the release of any performance securities can occur.

C. Ongoing Inspection And Maintenance Of Permanent BMPs:

1. Maintenance Agreements: The owner of site must, unless an on site storm water management facility or practice is dedicated to and accepted by the town, execute an inspection and maintenance agreement, that shall be binding on all subsequent owners of the permanent BMPs.

2. Long Term Inspection Of Permanent BMPs: Permanent BMPs included in a final drainage plan which are subject to an inspection and maintenance agreement must undergo ongoing inspections to document maintenance and repair needs and to ensure compliance with the requirements of the agreement, the plan and this chapter. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. As a condition for the issuance of a storm water quality permit, applicants shall be required to provide security in the form of an irrevocable letter of credit. The amount of the security shall be based upon one hundred fifteen percent (115%) of the estimated cost of the work required to ensure compliance with the permit's terms and conditions and requirements of this chapter. After the issuance of construction acceptance, the letter of credit shall be released.

B. If the permittee does not successfully complete all required work or violates any requirement of the permit or this chapter, the town may take corrective measures and charge the cost of such to the permittee. Such costs shall include the actual cost of any work deemed necessary by the town plus reasonable administrative and inspection costs and penalties pursuant to the town's storm water quality enforcement policy. If the total of such costs exceeds the security, the permittee shall be responsible for payment of the remaining balance within thirty (30) calendar days of receipt of an accounting of such from the town. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)

A. Violation: It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in this section.

B. Enforcement: All authorized personnel under the supervision of the director shall have the power to conduct inspections, issue notices of violations and implement other enforcement actions under this section.

C. Determination Of Violation: Whenever the director has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the director shall have the right to enter the premises at any reasonable time to determine if there exists an actual or potential violation of the requirements of this chapter. In the event that the owner or occupant refuses entry after a request to enter has been made, the town is hereby empowered to seek assistance from a court of competent jurisdiction in obtaining such entry.

D. Abatement: In the event the violation constitutes an immediate danger to public health or public safety, the director is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property.

E. Cost Of Abatement Of The Violation:

1. If the town abates a violation, then within ten (10) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs, by personal delivery or by mail to the last known address of the owner as shown in the records of the county assessor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days of the effective date of the notice.

2. If no protest is filed, then the charges shall become due and payable on the date set forth in the notice, which date shall be after the expiration of the time in which to file an appeal, and such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

3. In the event a protest is filed, a hearing on such protest shall be held before the town administrator or its designee within fifteen (15) days from the date of receipt of the written protest. If any charges are upheld upon completion of such hearing, then such charges shall become due and payable ten (10) days after the issuance of the order upon such protest and if not timely paid, such charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

4. If the amount due is not paid within ten (10) days of the decision of the town administrator or the expiration of the time in which to file an appeal under this section, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. The assessment shall be certified by the director of finance to the office of the county treasurer for collection in the same manner as the collection of general property taxes.

F. Stop Work Order: Whenever the director determines that any activity is occurring which is not in compliance with the requirements of this chapter, the director can order the activity stopped upon service of written notice upon the responsible owner and/or operator. The owner and/or operator shall immediately stop all activity until authorized in writing by the town to proceed. If the owner and/or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and/or operator to fail to comply with a stop work order.

G. Criminal Penalties; Enforcement Costs: It is unlawful and an offense for any person to violate or permit or cause violation of this chapter or of the provisions of any discharge permit issued under this chapter. Violators shall be punishable as provided in title 1, chapter 4 of this code. Each day or part of a day any violation occurs or continues is a separate offense.

H. Violations Deemed A Public Nuisance: Any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance. Any court of competent jurisdiction shall enjoin violations of this chapter, upon proof of such violations.

I. Remedies Not Exclusive: Except as expressly provided above, the remedies in this chapter are cumulative and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this chapter. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)