ILLICIT DISCHARGES AND STORMWATER QUALITY PERMIT REQUIREMENTS
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 stormwater 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 stormwater 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)
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. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
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 groundwater, uncontaminated groundwater infiltration to storm drains, uncontaminated pumped groundwater, 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).
2. Discharges necessary to protect public health and safety, such as flows from emergency firefighting activities and water incidental to street sweeping (includes associated sidewalks and medians). (Ord. 26-2010, 10-12-2010)
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. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
5. The prohibitions set forth in this section shall not apply to any nonstormwater discharge permitted under a CDPS permit, waiver, or waste discharge order issued and administered by CDPHE 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. 26-2010, 10-12-2010)
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)
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)
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 stormwater 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 stormwater 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. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
B. Exemptions: The following activities are exempt from this chapter:
1. Agricultural land management activities.
C. Permit Application: Applications for stormwater 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 the person or persons responsible for compliance with the permit throughout the permit's validity.
3. The application shall include documentation of an application for a CDPHE stormwater general permit for construction activities. (Ord. 26-2010, 10-12-2010)
D. Permit Approval Required: Construction activities may not proceed until permit approval is received from the town. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
E. Permit Issuance/Denial: The town shall within thirty (30) working days of its receipt of a completed stormwater 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 director 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. (Ord. 26-2010, 10-12-2010)
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 engineering, hydrologic and pollution control practices outlined in the town's current standards and specifications for design and construction of public improvements. (Ord. 26-2010, 10-12-2010)
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. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
D. Maintenance Of BMPs: BMPs shall be continuously maintained in operating conditions and repaired immediately when damaged.
E. Minor Modifications To SWMP: Based on inspections performed by the owner or by town personnel, minor modifications to the SWMP will be necessary if at any time the specified BMPs do not meet the objectives of this chapter or equivalent or better BMPs are implemented. All minor modifications shall be implemented immediately and recorded on the owner's copy of the SWMP which shall be located on site at all times. The modified SWMP shall be made available to town personnel during inspections.
F. Major Modifications To SWMP: Whenever there is a significant change in design, construction, operation, or maintenance, which has a significant effect on the hydrology or potential for discharge of pollutants to the MS4 or receiving waters, a revised SWMP shall be submitted to the town for review and approval.
G. 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. 26-2010, 10-12-2010)
A. All BMPs designed to meet the requirements of this chapter shall generally 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. 26-2010, 10-12-2010)
A. Permanent BMPs: Land development, for both private and public projects, that meets the requirements of this chapter must address stormwater runoff quality through the use of permanent BMPs which shall be maintained in perpetuity.
1. Treatment BMPs, such as inlet inserts, bioretention, grass swales and buffers, extended detention basins, sand filters, permeable pavement, constructed wetland ponds and channels, and underground BMPs 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. Nontreatment BMPs, such as site operations, employee training, site planning incorporating low impact development techniques to address stormwater quality shall be implemented in perpetuity.
3. As a condition of approval of the BMP, the owner of a private project 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 plan. All applicants are required to submit "as built" plans for any permanent treatment BMP 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 a site with privately maintained BMPs must execute an agreement addressing maintenance of BMPs that shall be binding on all subsequent owners of the permanent BMPs.
2. Publicly Owned Permanent BMPs: Publicly owned or maintained permanent BMPs shall be subject to ongoing inspection to ensure the BMP is functioning properly.
3. Long Term Inspection Of Permanent BMPs: Permanent BMPs included in a final drainage plan 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.
D. Existing BMPs:
1. Existing BMPs: Upon review of a land development submittal, if the submittal demonstrates that existing permanent BMPs are in place to address water quality treatment for the site no additional BMPs will be required.
2. Existing Site Conditions: Upon review of a land development submittal, if the submittal demonstrates existing vegetative buffers, or other existing site features provide adequate treatment for the proposed development, no additional BMPs will be required. (Ord. 26-2010, 10-12-2010)
A. As a condition for the issuance of a stormwater quality permit, applicants may be required to provide security in the form of an irrevocable letter of credit. The amount of the security will generally 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. 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. 26-2010, 10-12-2010)
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. (Ord. 08-2004, 11-9-2004; amd. per correspondence dated 11-13-2006)
B. Enforcement: All authorized personnel under the supervision of the director shall have the power to conduct inspections, give verbal direction, issue notices of violations and implement other enforcement actions under this section. (Ord. 26-2010, 10-12-2010)
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)