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WELD COUNTY
CODE ORDINANCE 2012.12
IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS,CHAPTER 8
PUBLIC WORKS,OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD,STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is vested with
the authority of administering the affairs of Weld County,Colorado.and
WHEREAS,the Board of County Commissioners.on December 28,2000,adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld.
including the codification of all previously adopted ordinances of a general and permanent
nature enacted on or before said date of adoption,and
WHEREAS,the Weld County Code is in need of revision and clarification with regard to
procedures,terms,and requirements therein.
NOW,THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld,State of Colorado,that certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER 8
PUBLIC WORKS
Repeal In Its entirety, Article IX - Illegal Discharges and Illicit Connections to Storm
Sewer System and re-enact it with the following:
ARTIC a IXE rX
Illegal Diachargee and Illicit Connoctione to Storm Sower Syctom
The following wordo.when-used-herein;sha8-have-thedefinitions contained below:-
-Authorised-E-ntemamenk44geney-means
County Commiccionorc designated to enforce tho provisions of this Article.
Bert Management Practicer (f3MPr) means the schedules of activitioc. prohibitions of
precticee.general good housekeeping-praetioaerpolletion-prevention-andedueationa4pradices
mainienanee-pr eventor-reduoeMe discharge of
pollutants directly or indirectly to clormvater. receiving waters or ctorniwater conveyance
systems. BMPr also include treatment practicer. operating procoduroc and practices to control
cite runoff.spillage or leaks,sludge or water disposal or drainage from raw materials storage.
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Cleon-Wafer-Aet-meane-thetederel-Water-Pogution-Control-AU{
Construction activity moans thou, actMtioc subject to NPDES Construetion-Permits.
NPDES Stormwater-Phase-11 permits aro required for construction projects recoiling in land
disturbance of one (1)aereoemere,-Sudr activities include-but
grubbing,grading,excavating and demolition.
llazardous maforialc moans any material, including any substance. waste or
combination thereot:-wMohrbecause-of-its .
infectious-oharacterictios. may cause-or-sgnificantly-contribute-to-a-substantial-present-or
potential hazard to human health,safety,property or the environment when improperly--treated;
ctorod.transported,disposed of cr otherwise managed.
Mogul discharge meanc any direct or indirect nonstormwater discharge to-the-storm
drainago system.oxcopt as oxomptod in this Article.
—lgiciR •
a. Any drain or conveyance,whether on the cudace or subsurface,which allows-an
illegal discharge to enter the storm drainage system, including but not limited to
prooeeswastewater and wash-water to enter the storm drainage system-and-any
connections to the storm drainage system from indoor drains and sink,.
r^gard'e^s or whether said dra'n v cenrecti^n h^d boon previously allowed,
permitted-or approved by the Authorized Enforoement-Agencyi-or
b. Any drain or conveyance connected from a commercial or industrial land use to
tho storm drainage system which hat not boon documented in plans, maps or
equivalent records and approved by the Authonzod Enforcement Agency.
o-NPOES-Industrial-Pemiits-as-defined in-40
C.F.R.§122.26(b)(11).
—MS4s-meansa-conveyance or system of-conveyancee(including-roads with-drainage
syetema,-mw eipetetreetarcatehbosincrotitis;9Mkere-ditsheu-men-made-ehannelc-er-dorm
publie-bedy-(created to or pursuant to state law),including special districts under state law,such
a-designated-and approved-management-agency under
Section-208-ef-the-Glean-Water Act that discharges into waters of the United States, decgned
run.-.A foe corloctirg we v^-^y:ng c-'rlwat,•.-4^,^h is^^t-^"^mb,^^d nmu^i^nd w,h;^h is r11
-works.-For-the-purposes-of thie-Article;-MS4e strati-be-limited
to-these-located-within-one-(1.)or more of-the Service Area-Stormwater-Utilities-created-in-Article
Vi as Chapter.
National Pollutant&embargo Elimination System(NPDES)ctomnvator discharge pormii
-authority-delegated pursuant-to 33
U.S.C. 5 1312(b))that authorizes Medisohargeot-polhdants-to-watersof-the-United-States:
whothor the permit is applicable on on individual sup-or general area wide basic
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No0etonnwalor diccbargo meant any discharge to the storm
composed
Porson meant any individual.occootabon,rerganaation: part
other entity recognized by law and acting as either the owner or the owner's-agent.
ything which causes or-contributes-to pollution. Poltutantc may
include. but are not limited to: paints, varnichec and solvents-oil and-
nonhazardouc liquid and cold wactoc and yard wactoc:refute,rubbish:garbage:litter or other
discarded-or-abandoned- y-cause or
contribute to pollution;tleatables:pesticides,-
and wactoc; courage, fecal coliform and pathogens: dissolved
wactoc; wactoc and rociduoc that result from conctructing a building or otrodure noxious-or
offensive mallard-any kind:and any coil,rock and any typo of tandscaping.
Promicoc moans any budding,lot,paroel-of-land-or portion-of-land,whether improved or
unimproved,including adjacent cidowalke and parking ctripc.
Storm cfraklageayslem•means publicly-owned
andlor convoyed, including but not limited to.any roadswith drainage-sysb•ree. rr-^'^(`1l
ctroott, guttorc. curbs, inlets, piped dorm drains, pumping facilities, retention-and-detention
bacinc. natural and human made or altorod drainage channo!c, reservoirs and-other drainage
structures:
Sfarmweter-means-any-surface flow. runoff and drainage convicting entirely of water from any
form of natural precipitation and recultmg-fromsuch-precipitation.
Management-Practices and activities to be implemented by a person or bucinocs to identify
courant of pollution or-eontemination al a site and the actionsto-el
dicchargoc to sternutator, etormwator conveyance systems-and/or receiving waters-to-the
Waotowofor means any water or other-liquid,-other--than-unoontaminate4-stermwates:
discharged from a facility. including but not limited to portable--urinals:-Weld-County Code
This Article chall apply to all water entering the ctorm drainago cyctem located within
and-generated-on-any-developed and undeveloped-lands-unless explicitly-exempted-by-the
Authorized Enforcement Agency.
provisions-of-this-Article—Any-powers-granted--or-duties--imposed--upon-the--Authorized
Enforcement Agenoy may be delegated in writing by the Board of County Commissioners to
portent or entitiec acting in the beneficial Internet of,or in the employ of•the agency.
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Sec,8.8.40.Ultimate•responsibility,
The standards cot forth heroin and promulgated pursuant to this Article are minimum
standards:thoroforo, this Articlo does not intend or imply. that compliance by any porcon will
ensure—that—there will be no contamination.pollution or unauthorized discharge-of-pollutants,
A —PrehlbAlon-of-illegal-dreeherges-the person-shall dreoharge•or cause-to be discharged
into tho ctorm drainage system or watorcourcoc located within ono (1)or more of the
contribute to•a-violation.of-applicable water Quality-standards;-other-than-stomrwater:
The-commencernent eonduct-or--contiruanee-ef-any-illegat-Msoharge-to•the-storm
drainage cyctom is prohibited,except ac described ac follows:
1. The following discharges aro exempt from discharge prohibitions established by
this--Adiole:-water-Ilne-flushing-or-other- potable--water-sources—landscape
irrigation or lawn watering, diverted stream flows, rising ground water, ground
water infiltration to storm drains, uncontaminated pumped ground water,
systems)—crawlspace• pumps, air conditioning....condensation: -springs,
noncommercial washing of vehicles. natural riparian habitat or wetland nano.
swimming pools (if dochlorinated typically lose than ono (1) PPM chlorine).
firefighting activitioc.and any other water source not containing pollutants.
2. Discharges-specified-in writing by the Authorized-EnforcementAgenoy-asbeing
n000ccory to protect public health and safety.
3. Dyo totting is an allowable discharge, but requires notification to the Authorized
Enforo&ment-AgeneyLpriOr-tethe-time-of the•test-
administered under the authority-of- the-Federal-Environmental-Protection
Agency.providod that the discharger is in full compliance with all requirements of
the pe"M, •va'"e• 0• tardy and-other--applicable laws and regulations, and
provided-that-written approval hoc boon granted for any discharge to the cton's
drainage cyctom.
&r he-prohibition ohall not apply to irrigation rotum flows from agricultural lands.
t construction:-use.-
te-a-storm-drainage-system located within ono (1) or more of tho Service Area
Stormwater- .
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2. Thic prohibition oxtxeesly-includes.-without limitation. illicit oonnectionamade-in
practices applicable or prevailing-at-theiimeefconnection,
line conveying sewage-to the-MS4:or allows-sucha-connection tocontinue,
A—Suepeasien—due-4o—i4licA
Enforcement-Agency-mayswithout-prior-notice: seek the suspension-of-MS4discharge
discharge which presents or may present imminent and substantial danger to the
environment.-to the-heath-or-welfare-of-persons;-or-ta
States If the violator falls to oomply-with-a•euspension order issued in an-emergency,
the Authorized Enforcement Agoncy may take ouch stops as deemed necessary to
prevont or minimize damage to the MS1 or waters of tho United States or to minimize
danger-te-persono-
Suspension duo to the detection of illicit discharge.Any person dicoherging-to-the-M84
in violation of this Article may have MSI access terminated if such termination would
violator of-the proposed termination-of MS4 access. The violator may petition Ibe
Authorized Enforcement Agency for a reconsideration and hearing.
-access-to-premises
hie-Section--W4heut-the-prior-approva4-of-he-Authorized
EnforoementAgenoy,
Soc.9 9 70.Industrial or construction activity dlschargos.
Any pars^n tolioo st^•twate•
permitshaltcomply with all provisions of such permit.Proof of oomplancewith•said permit-may
be required in a form acceptable to the Authorizod Enforcement Agency prior to tho allowing of
dicchargoc to the MS1.
Soc.9 9 20.Monitoring of dlechargoc.
A:—Applloability. This Section opplioc to all tacilitioc that have ctormwator discharges
associated with industrial activity.including construction activity.
&—Aocess to faoiNbes-
-permitted-to-enter-and inspect
as often-asmay-beoeseseery-to
determine-compliance-with this Article-lf-a discharger has security measures in
force which-require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangomontc to allow
^^^^^r.n-, •etentat^vas e'tb^Authorized Erfer^ernes+-Arrcy.
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2---Facility-operators-shall-allow-the AutheAaed-Safer
toe$-panic of the promises for the purpocoo of-inspection:sampling;-examinabon
and copying of rocordc that mutt bo kept undor the conditions of an NPDES
permit to discharge-stormwater,and-theperformance-of-any
defined by dote and federal-law,
3—The
permitted facility such devices as are necessary;in the opinion of-the-Authorized
Enforcement Agency.-to--conduct monitoring ondlor-sampling-ef--the-fasilitys
ctomtwatcr discharge.
4.- The Authorized Enforcement-Agency-has-he.right to require the discharger to
install monitoring-equipment as neceosory. The facilltyc
equipment shall bo maintained at all times in a cafe and proper operating
stomtwater flow and quality shall be calibrated to ensure accuracy.
6. My temporary or permanent obstruction to cafe and oacy access to the facility to
written-or-oral-request-of-the-Authorized-Enforcement.Agency-and-shall-not be
replaced The costs of clearing such access shall-be borne-by-the-operator-
Unreasonable delays in allowing the Authorized Enforcement Agency accost to a
permitted facility is a violation of a ctonmvator discharge permit and of this
with a NRDES--permit-4o
discharge-etermwateraesociated with-indusbial-aohvity commis-an-offense 4-the
person denies-the Authorized Enforcement Agency reasonable access to the
permitted facility for the purpose of conducting any activity authorized or required
ky-n's Ari^'e
7 ---0-the-Authorized Enforcement Agency has been refused access to any part of
the premises-from-which dormwator is dicohargod, and ho or she ie able to
domonttrato probablo cauco to bellow. that there may be a violation of this
A4icle-er-that-there.ie-a-need-to-inspect-and/or-sample-as part-of-a-routine
inspection-and sampling-program-decigned to verify compliance with this Article
or any order issued hereunder,cr to protect the overall public health. cafoty and
-then-the-Authorized-Enforcement Agency-may seek
issuance-of a search ovarian from any Court of competent jurisdiction.
Sec.8.9-90.Requirement-le-provont,control and roduco ctormwator pollutants by the tree
of Best Management Practices,
—The—Authorized--Enforcement--Ageney--wil1 adopt requiromente identifying Boot
Management Rracticee-for-any-activity, operation or facility which may cause or contribute to
pollution-or-contamination of ctormwoter, the storm drainage cyctom or waters of the United
States.The owner or operator of a commercial or industrial octablishmont shallprovde-at-his or
her own expense, roaconablo protection from accidental discharge-of-prohibited materials or
singe-system or wateroourcec through the
e.-Ftether-any-person rer ponablo for a property
be the source of an illicit discharge,may be required to implement,
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at-said-person's-expense.-additional-structural-and-nonstructural.BMPs-to-prevent-the-fwther
dischargo of pollutants to the applicable municipal separate storm cower cyotem.-Gomplianse
with all tonne and conditions of a valid WOES permit authorizing the dicchargo of ctormwater
associated with industrial activity.to the extent practicable,shall be deemed in compliance-with
the provision° of this Section. These BMPc °hall be part of a Stormwater Management-Plan
Soo:S-0400,Waterewase preteetien.
Every person owning property through which a watorcourco paccoc: or such porton'c
lesseer shall -of-the-watercourse within-the property-free-of-trash:
debris;excessive-vegetation-andother obstac!esthat-wou!d-pollute.contaminate-or-significantly
retard the 0owof-waterthro ughwte-
existing privately ownod structures within,or adjacent to,a watercourse,co that ouch ctnxiures
will not bocomo a hazard to the uco,function or physical integrity of tho watorcourco.
Seer°-9440.-Notification-of spills
Notwithstanding other requiromontc of law, ac coon at any person responsible for a
facility or operation, or reeponc!bto for omorgoncy response for a facility or operation, has
release of materials which-are resulting or may-result in
illegal-discharges-or-pollutants-discharging into-etwfrnwatef-the-stofm-drainage-system-or
waters ofMe-United-
containment and cleanup of such relaate. In tho ovont of such a release of hazardous
-materials:-said-person shall notify the
Authorized-Enforcement-Agency in person or by phone-or-fa°eimite-no-later-than-the-next
business--day. Notifoationc in person or by phone shall bo confimwd by written notice
the phone notice If the discharge of prohibitod materials °manatee from a commercial-or
-or-operator of such establishment shaltalso-retain-an-on-site
written-reserd-of-the-discharge-and the-actions-taken-lo-r
shall be retained for at least three(3)yoarc
1. Whenever-the Authorized Enforcement Agoncy finds that a person has violated a
ement-of—this-Micle. the- Authorized
E-nforcement Agency-may order oomph by written notice of violation to the
rooponcibla person. Such notice may require,vnthout limitation:
a. erfermance-ofmonitoring.-analyses-and-reporting:-
b. The elimination of illicit connections or discharges.
a That-violating discharges,practices or operations chat'cease and desist
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d. Tho abatement or romodiation of ctormwator pollution-or-contamination
hazards and thereetoration-of-anyaffected atop-why.
e. -Payment-etaTinea .
1. The implementation of oource oontroi-orireatment BMPs-
B. If abatement of a violation andfor roctoration of affeetod property aro required, the notice
shall-set-forth--a-deadline-within-which-s
completed. Said notice shall-further-advise-that.shouldthe-violator-faii-lereaaediate-er
-Agency may seek
the enforcement-of thewok-t
done-by-a-designated-governmental agency or a cord
shall bo charged to the violator.
Sec.8-9-130.Appeal of notice of-violation,-
Any person r000lving o notice-of--violation-may-appeal-to-the Board-of-County
Commiecionore the doter nination of the Authorizod Enforcement Agency. The notieeof-appeal
must bo received vthin fourteen (11)dayc from the date of the notice cf violation. Hearing on
the-appeal-before-the appropriate-authority or his or her designeeeMMttake-place-within-fdteen
(16)dayc from the dote of receipt of the notice of appeal. The-decision-of the Board of-County
See.8 9 140.Viofationedeenreda public nuisance.
In addition to tho enforcement prococcot and penaltioc provided, any condition-eaused
or permitted to exist in violation cf any of the pro icionc of thic Article is a throat to public health,
restoredat-the-violator -expense.-andkx-a-civil action-teabate--ecompel
cessation of such nuisance may be taken.
Any porcon who hoc vi0latod or commuoc to violato thic Mick)thug be liable to criminal
peen^,..:^„-m-the sdTt--e,n^nt of Me ^,y ^^^ sp^n bo cubject to a cr:.,“,--d f^^^lty ^s
aullruJzed-pursuam4o-Tite-30.Ar soles-46-and36.G.fiS-The-Aulhodzed Enforcement Agency
may recover all attornoyc'foot,court code and other oxpensec associated with enforcement of
expeneee'
Sec,-8-9160.Roaedfes-nefexchrsive,-
The-remedies listed-in this-Article-are not exclusive of any other-remedies-available
under any applicable federal:-state-or100a1-law,-and-4-wwit in-the-d4Seretion-of-theattherized
Enforoemont Agency to cook cumulative romodioc.
CHAPTER 8
ARTICLE IX
Weld County Municipal Separate Storm Sewer System
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Illicit Discharge Detection and Elimination
Sot.8.9.10. TITLE,
This Article shall be known. and may be cited, as the 'Weld County Illicit Discharge
Detection and Elimination and Stormwater Quality Ordinance.'
Sec.8-9-20. PURPOSE1INTENT
Weld County has been issued a regulated Phase II MS4 COPS permit that covers
designated areas of unincorporated Weld County serving a population between ten thousand
(10.000) and one hundred thousand (100.000) with urban areas of one thousand (1.000) or
more people per&auare mile based on the 2000 U.S.Census. The currently designated areas
are expected to change based on the 2010 census Weld County's COPS permit covers the
Municipal Separate Storm Sewer Systems of the designated urbanized area& lying in
unincorporated areas of Weld County Municipalities with storm seiner systems in the
designated MS4 urbanized areas administer their own MS4 permits in their respective areas.
The objectives of this Article IX am.
A. To regulate and prohibit contributions of pollutants to the Municipal Separate
Storm Sewer System IMS4)by Stormwater discharges by any user
B. To prohibit Illicit Connections and Discharges to any MS4
C. To establish procedures to carry out the inspection, surveillance and monitoring
necessary to Pnsuro compliance with this Article:and
D. To protect the health,safety.and general welfare of the citizens of Weld County
through the regulation of Non-Stormwater discharges to any MS4
Sec.8-940. AUTHORIZATION.
Weld County is required by State and Federal law, and as a condition of its COPS
permit, to establish by ordinance methods for controlling the introduction of pollutants into any
MS4. in order to protect and enhance the water quality of the Waters of the State pursuant to
and consistent with State statutes and regulations and the Clean Water Act,
Section 30.15-401 5-+1 sea.. C.R.S. enables counties to adopt ordinances for the control
or licensina of those matters of purely loco,concern.and to do all acts and make all regulations
which may be necessary or expedient for the promotion of health or the suppression of disease.
Section 30-I5401(1111a1(0, C.R.S. specifically authorizes counties that have been
issued a COPS permit pursuant to Pad 5 of Article 8 0f Title 25. C.R.S.,to adopt a slormwater
ordinance to develop, implement, and enforce the Stormwater Management Program required
pLsych_per!mit•
Section 1$-4-511.C.R.S.,makes it a crime to place any foreign substance.whether solid
or liquid,into any body of water or watercourse.
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Section 30-15-401111(a)N).C.R S-..specifically provides that, in addition to the authority
given counties under Section 18-4-511 C.R.S.. the Board of County Commissioners of Weld
County is authorized to do all acts and make all regulations which may be necessary or
expedient for the Dromotion of health or the suppression of disease including the authority to
restrain, fine, and punish persons for dumping rubbish, including trash, junk and garbage on
public or privataingperty. Public or private property Is defined at Section 18.4.511, C.R.S to
Include"raters and watercourses."
a r'tjan 1&13-305(1)(e). C.R.S.. makes any unlawful pollution or contamination of any
surface or subsurface waters in this State a Class 3 Public Nuisance.
Sec.8.9-40. APPLICABILITY.
The provisions of this Article shall apply in the unincoroorated areas of Weit County
located within, or discharging to my current or future designated MS4 t erjpjoverage area
specified in the current COPS permit issued to Weld County
Sec.8-9.50. DEFINITIONS.
For the purpose of this Article,the following temhg,phrases,words,and their derivations
shall have the meanings given herein'
Best Managernert Practices (BMPs) means schedules of activities. structures
prohibitions of practices. maintenance procedures,and other management practices to preyeJ1
or reduce the pollution of any MS4. BMPS can be structural or non-structural and temporary or
permanent. Examples Include, but are not limited to.silt fences, erosion blankets hay bales.
extended detention basin treatment requirements operating procedures and practices to control
site runoff,spillage of leaks.sludge or waste disposal,and drainage from raw material storage.
Clean Water Act: The Fed i er Pollution Control Act 33 1251 of so .
and any subsequent amendments thereto.
Colorado Discharge Perini( Svsfern(COPS)means the Slate of Colorado's system of
permitting discharges (to Stormwater. wastewater) to any MS4 which corresponds to the
Federal NPDES permits under the Clean Water Act.
Department of Public Works means the Weld county Department of Public Works.
Hazardous Material means any material, substance, waste or combination thereof.
which because of its quantity. concentration, physical chemical. or infectious characterisbps
may cause. or significantly contribute to a substantial present or potential hazard to human
health safety property_ gr the environment when i_gj 9Qpyrl treated. stored. transported.
disposed of,or othervrise managed.
Illicit Discharge means env direct or indirect Non-Stonmwaler discharoe to any MS4
which is not exempted by this Article or applicable state or federal law.
illicit Connection means either of the following:Any drain or conveyance,whether on the
surface or subsurface. which allows an Illi Discharge to enter env MS4 indgding but not
limited to any conveyance which alloys any Non-Stormwater discharge such as sewage
PAGE 10 2012-3165
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process wastewater.and wash water to enter any MS4 and any connection to any MS4 from
Indoor drains.sump pumps and sinks.regardless of whether said drain or connection had been
previously allowed, permitted.or approved by Weld County or other governmental authority;or
any drain or conveyance connected from a commercial or industrial land use to any MS4 which
has not been documented in plans ma•&.,or equivalent records and approved by Weld County
or other governmental authority
Municipal Separate Storm Sewer(MS4)means a conveyance or system of Conveyances
(including roads with drainage systems_municipal streets,catch basins.curbs.putters. ditches
man-made channels,or storm drains):
A. Owned or operated by the State of Colorado. city. town. county, district
association, or other public body (created by or pursuant to State law) having
Jurisdiction over disposal of sewage. Industrial wastes Stormwater. or other
wastes,including special districts under State law such as a sewer district,flood
control district or drainaoe district or similar entity or a designated and armroved
management agency under Section 208 of the Clean Water Act that discharges
to Waters of the State'
8. Designed or used for collecting or conveying Stormwater
C. Which is not a corgbinedd
D Which is not part of a Publicly Owned Treatment Works.
Non-Stormwater gisrhema means any discharge to the storm drain system that is not
composed entirely of Stormwater.
Person means any individual.association.organization,partnership,firm,corporation or
other entity recognized by law and acting as the owner owner, 3ryent operator or occupier of
any Premises subiect to this Article.
Pollutant means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: Paints, varnishes, and solvents; oil and other automotive fluids:
non-hazardous liquid and solid wastes; yard wastes including grass clippings and leaves.
refuse. rubbish, garbage, litter, or other discarded or abandoned objects accumulations that
may cause or contribute to pollution:floatab1es;pesticides.herbicides,and ferthzers;hazardous
substances and wastes: sewage, fecal conform and pathogens; dissolved and particulate
metals: pet wastgj,,wastes and residues that result from constructing a building or structure
concrete washout waste wastes and residues that result from mobile washing operations'
noxious or offensive matter of any kind. and any soil.mulct/Leek. or other type of landscaping
material.
Pollution means the presence of any foreign substance (organic,inorganic) in water or
wastewater which in sufficient concentration tends te_degrade its quality so as to constitute a
hazard or impair the usefulness or quality of the water to a degree which may not create an
actual hazard to the public health but which does adversely and unreasonably affect such
waters for domestic use.
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Potable Wafer means any water which, according to recognized standard& is safe for
human consumption
Promises means any lei parcel of land. or portion of land, whether improved or
unimproved.and including adjacent sidewalks and parking areas If improved. any associated
buildings.facilities,or Improvements thereupon are considered Part of the Premises
Publicly Owned Trentrnent Works means a publicly owned domestic wastewater
treatment facility This includes any publicly owned devices apd systems used in the storage
treatment. recycling or reclamation of municipal sewage Or treatment of industrial wastes of a
liquid nature. It also includes sewers,pipes and other conveyances if they are Publicly owned or
i(they convey wastewater to a Publicly Owned Treatment Works treatment plant.
S(orrrrwafer means any surface flow, lunoft and drainage occurring during or following
any form of natural precipitation event and resulting therefrom and consisting entirely of water
from natural precipitation events including snowmelt.
Threatened Discharge means a condition creating a substantial probability of hams
when the probability and potential extent of harm make it reasonably necessary to take
immediate action to prevent- reduce or mitigate damages to persons Pfo➢eny or natural
feSOurces-
Watercourse means a natural or artificial channel through which Slormwater or
floodwater can flow,either regularly or(nfreguently.
Waters Of the Stale of Colorado(Waters of the$(ate)means all streams, lakes. riven.
ponds. wells, impounding reservoirs. watercourses. Springs, drainage systems, and irrigation
systems,all sources of water such as snow,ice,and all other bodies or accumulations of water
surface and underground, natural or artificial. public or private.located wholly or partially within
or bordering upon the State of Colorado and within its jurisdiction.
Sec.8-9-80. RESPONSIBILITY FOR ADMINISTRATION.
The Weld County Department of Public Works shall administer. implement.and enforce
the provisions of this Article.
Sec.8-9.70. DISCHARGE PROHIBITIONS.EXEMPTIONS AND REQUIREMENTS.
A. Prohibition of Illicit Discharge
1. It shall be unlawful for any Person to discharge or cause to be discharged into
any MS4 any Pollutants or waters containing any Pollutants that cause or
contribute to a violation of applicable water Quality standards. Subject to below
subsection C.of this S ion 8-9-70 and all applicable County. State.or federal
discharge regulations,only Stonnwater may be discharged into any M54.
2. It shall be unlawful for any Person to cause Pollutants to be deposited in such a
manner or location as to constitute a Threatened Discharge Into any MS4.
Pollutants that are no longer contained in a tank or other container are
PAGE 12 2012.3165
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considered to be Threatened Diseharges unless they are actively being cleaned
Prohibition of Illicit Connections
1 The construction, use maintenance or cygtinued existence of Illicit Connections
to any MS4 is prohibited and is considered a violation of this Article.
2. This prohibition expressly includes. without limitation. Illicit Connections made in
the oast regardless of whether the connection was permissible under laver
practices applicable or prevailing at the lime of connection
C Exemptions
The following Non•Stormwater Drsch cses are exempt from the discharge prohibitions
established by this Article when property managed. Landscape Irrigation, lawn watering.
diverted stream flows.irrigation return flow,rising ground watery,uncontaminated ground water
infiltration. uncontaminated pumped ground water. springs. flows from riparian hatlita}sand
wetlands. water line flushing. discharges from Potable Water sources, foundation and footing
drains. air conditioning_condensalian water from crawl spece Dumps individual residential car
washing, dechlorinated swimming pool discharges. water incidental to street sweeping
(including associated sidewalks and medians) that is not associated with construction
emergency fire fighting activities,discharges specifically authorized by a separate CDPS permit,
and discharges in accordance with the Colorado Department of Public Health and Environment
Water Quality Control Division Low Risk Discharge Policyand Guidance documents.
D Requirements Applicable to Potential Dischargers
1. Watercourse Protection. Every Person owning, leasing or otherwise occupyinq
Premises through which a Watercourse Passes.shall keep and maintain that part
of the Watercourse within the Premises free of trash debris. excessive
vegetation and other obstacles that would pollute. contaminate. or significantly
retard the flow of water through the Watercourse. Irrigation structures
themselves are excluded. In addition. the owner. operator, or occupier shall
maintain existing privately owned structures within,or adlacent to.a Watercourse
so that such structures will not become a hazard to the use.function,or physical
integrity of the watercourse-
2 Maintenance of Equipment Any leak or spill related to equipment maintenance in
an uncovered outdoor area shall be containedip prevent the potential release of
Pollutants. Leaks and spills shall be cleaned by dry sweetang, wet vacuum
sweeping, collection and treatment of wash wafer or other methods In
compliance with this Article.
3. Pesticides. Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall
be applied in accordance with manufacturer recommendations and applicable
laws. Excessive application shall be avoided.
Sec.8-9-80.INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES.
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Any Person issued a CDPS industrial and/or construction i i mlif for Stomiwater
discharge from Properties lying within the designated MS4 areas. or discharging to any M$4
shall comply with all provisions of such permit. Proof of compliance with such permits may be
required In a form acceptable to the Department of Public Works prior to allowing discharges to
an M$4, Failure to comply with the provisions of such permits is a violation of this Article,
Sec.6.9-90. ACCESS.INSPECTION,SAMPLING.AND MONITORING DISCHARGES.
A. Applicability.
This Section applies to all Premises within unincorporated Weld County that are,
or may be,discharging to any designated MS4 area.
A Access to Facilities.
1. The Weld County Department of Public Works shall be allowed to enter and
inspect any Premises subject to this Article as often as may be necessary to
determine compliance. If security measures are in force requiring proper
identification and clearance before entry into the Premises. the owner,operator
or occupier shall make the necessary arrangements to allow access to
Department of Public Works personnel.
2 Premises owners. operators or occupiers shall allow Department of Public
Works personnel ready access to all parts of the Premises for the purposes of
inspection samplmIgxamination end copying records that must be kept under
the conditions of any COPS permit, and any additional duties uireq_raY to
determine compliance with this Article or applicable state and federal law.
3. Any temporary or permanent obstruction to safe and easy access to the
Premises to be Inspected and/or sampled shall be promptly removed by the
owner. operator. or occupier at the written or oral request of the Department of
Public Works and shall not be replaced The costs of clearing such access shall
be borne by the owner operator or occupier.
4. Refusal to allow or unreasonable delays in allowing the Department of Public
Works access to the Promises for the purpose of conducting any activity
authorized or required by this Article shall be a violation of any cDPS permit and
of this Article.
5 If the Department of Public Works has been refused access to any part of the
Premises from whichSllscharges occur or may occur. and the Department of
Public Works is able to demonstrate probable cause to believe that there may be
a violation of the CPOS permit and/or this Article. or that there is a need to
inspect and/or sample as part of a routine inspection and sampling program
designed to verify compliance with any COPS permit or this Article.or to protect
the overall public health safety, and welfare of the community. then the
Department of Public Works may seek Issuance of a search warrant from any
court of competent jurisdiction.
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6 The Department of Public Works shall have the right to set up on the Premises
such devices as are necessary in the opinion of the Department of Public Works
to conduct monitoring and/or sanlpfing_of discharges.
7. The Deparment of Public Works has the right to require the owner,operator,or
occupier to install monitoring equipment as necessary The owner. operator or
occupier Shall, at its own expense. maintain at all times in safe and proper
ooerating condition the sampling and monitoring equipment All devices used to
measure discharge or water flow and Quality shall be calibrated to ensure their
accuracy.
Sec. 8.9.100. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE NON-
STORMWATER DISCHARGES BY USE OF BEST MANAGEMENT PRACTICES.
Weld County shall provide for,and compel the abatement of. any condition that causes
or contributes to a violation of this Article or any COPS Permit and require Best Management
Practices(BMPs)for any activity.which may cause or contribute to pollution or contamination of
any MS4. The owner. operator, or occupier. at their own expense, shalt provide reasonable
protection from accidental or intentional discharge of prohibited materials or other wastes into
any MS4 through the use of structural and non-stn c yrel, temporary and permanent BMPs
Further. any Person responsible for a Premises. which is or MeV be. the source of an Illicit
Discharge may be required, at their own expense, to properly clean LID the pollutant, and
implement additional temporary andfor permanent, structural and non-sUuctural BMPs to
prevent the further qr future discharge of pollutants to any MS4 These BMPs shall be
documented as part of any regyj_md management plan necessary rot Compliance with any
CDPS permit.
Compliance with all terms and conditions of a valid CDPS permit authorizing the
discharge of Stormwater associated with Industrial and/or construction activity to the extent
practicable,shall be deemed compliance with the provisions of this Section.
Soc.8-9-110. NOTIFICATION OF DISCHARGES.
A. Notwithstanding other requirements of law.as soon as any Person who owns,occupies
operates,or is otherwise responsible for a Premises,or is responsible for the emergency
response for such Premise& has information of any known or suspected release of a
Non-Stormwater or Hazardous Material discharge into Stormwater.any MS4.or into any
Waters of the State. said Pe..Merlatiall take all necessary stops to ensure the discovery
containment.and cleanup of such release. Additionally,sySh Person shall be shall be
responsible for emergency suspension of an activities that are the cat,t of the release
and shall implement corrective rligasgrgto mitigate and control discharges
B. In the event of a release Of Hazardous Matenals into Stormwater,any M$4,or into any
Waters of the State Said Person shall immediately notify emergency response agencies
of the occurrence via emergency dispatch services. In the event of a Non-Stormwaler
discharge into Stormwater, any MS4.or into any Waters of the State. said Person shall
nYtifY_ttle Weld County Department of Public Works in person or by phone or facsimile
no later than the next business day. Notifications in person, or by phone shall be
confirmed by whiten notice addressed and mailed to the Department of Public Works
within three business days of the phone notice.
PAGE 15 2012-3165
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C. If the discharge of Hazardous Materials or Non-StOrmwater emanates from a
commercial or Industrial estjbllshment� the owner. operator. or Occcppier of such
establishment shall also retain an on-site written record of the discharge and the actions
taken to prevent rt5 recurrence Such records shall bo retamotl for at least three years
Sec.8-9-120. SUSPENSION OF MS4 ACCESS.
A. Emergenccyauspension Due to Illicit Discharges.
The Department of Public Works may.without prior notice.seek the suspension of MS4
discharge access to a Person and/or Promises ww en such suspension is necessary to stop an
Illicit Discharge or Threatened Discharge which presents- or may present. imminent and
substantial danger to the enviroPment to the health or welter e of persons or to any MS4 or
Wafers of the State. If the violator fails to comply with a suspension order issued In an
emergency. the Department of Public Works may take such steps as deemed necessary to
prevent or minimize damage to any MS4 or Waters of the State or to minimize danger to
persons.
8. A Person commits an offense if the Person reinstates M54 access to Premises
terminated pursuant to this Section without the prior approval of the Department of
Public Works.
Sec.8-9-130. ENFORCEMENT.
A Oral Notice of Violation.
Except where emergency suspension is necessary pursuant to Section 8-9-110(A).the
Department of Public Works shall attempt to provide en initial oral notice to Persons
violating this Article. Such notice shall specify the location. type. and severity of the
violation and request that such Person take immediate action to address the violation. In
the event reasonable efforts to communicate oral notice to such Person are
unsuccessful,written notice of violation pursuant to below subsection 8.of this Section
8.9-130 shall be issued by the Department of Public Works.
0- Written Notice of Violation.
If the violation for which oral notice was given pursuant to Section 8.9-130(A)above has
not been resolved within fourteen days of such oral notice. or where reasonable efforts
19 communicate oral notice have failed, and except where emergency suspension is
necessary pursuant to Section 8-9-120(A).the Department of Public Works shall provide
a written notice of violation to Persons violating this Article Such notice shall describe
the nature of the violation and may require without limitation.
1. That monitoring.analyses.and reporting be performed'
2. That Illicit Connections and Illegal Discharges be abated:
3. That Non-Stormwater Pollution or contamination hazards be abated and/or
nem@dialed and any affected property be restored.and/oj
PAGE 16 2012-3165
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4. That source control or treatment BMPs be implemented.
If abatement of a violation and/or restoration pj affected property are required.the notice
shall set forth a reasonable deadline within which such remedialion and/or restoration must be
completed. The written notice of violation shall be served by hand delivery or by certified mail
return receipt requested.
C. Appeal of Written Notice of Violation
t Any Person receiving a written notice of violation may appeal the 4tterminabon
of the Department of Public Works to the Board of Weld County Commissioners.
The notice of appeal must be received within 15 days from the date of the written
notice of violation. Hearing en the appeal before the Board of Weld County
Commissioners shall take place within 15 days from the date of receipt of the
police of appeal. The decision of the Board of Weld County Commissioners shall
be final.
2. If the violation has not been corrected pursuant to the reauirements set forth in
the written notice of violation, or. in the event of an appeal, on or after the
fifteenth day after the decision of the Board of Weld County Commissioners
upholding the Acisingoant of Public Works the Department of
Public Works may. pursue an administrative entry and seizure warrant nt
abatement pursuant to Section 30-15-401(11), C.R.S.. in addition to any other
available civil or criminal enforcement pursuant to Section 8-9-150.
0. Administrative Entry and Seizure Warrant for Abatement
ling time specified ter abatement in the written notice of violation has expired or on or
after the fifteenth day after an gosacessful appeal of the written notice of violation, the
Department of Public Works may petition the court for an administrative entry and seizure
warrant for abatement pursuant to 30-15-401(11), C.R.S. The Weld County Board of
Commissioners may assess the costs of the abatement specified in 630-15401(11).
and such costs shall become a lien against the property from which the cause(s)of violation
have been remediated as further described in Section 8-9-I40.
Sec.89.140. COLLECTION OF COSTS.
A Cost of Abatement May Be Assessed
9Pon notice to_and failure of, the property owner, operator, occupier, or other
responsible party to abate or mitigate the discharge of pollutants the Department of Public
Works, or its designee. may perform the work needed to comply with this Article and any
applicable CDPS permit The whole cost thereof, including five percent for inspection and other
incidental costs in connection therewith, shall become an assessment upon the property from
which such condition has been abated or remediated. The Department of Public Works shall
keep a written record of all such costs which shall be part of the fie for the County's Stormwater
Management Program required by the County's CDPS permit.
B, Assessment Becomes Lien
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Any assessment pursuant to this&,Article shall, once recorded, be a lien against such
property until paid and shall have priority based upon its date of rrsgding In case such
assessment is not paid within 60 days after npsiice is mailed to the property owner, it may be
certified by the County Clerk and Recorder to the County 'rreaeurer. who shall collect the
assessment,together with a ten percent penalty for the cost of collection, in the same manner
as other taxes are collected, The laws of this State for assessment and collection of General
taxes including the laws for the sale and redemption of property for taxes,shall apply to the
collections of assessments pursuant to this Article
Sec.8-9-150. VIOLATIONS.ENFORCEMENT AND PENALTIES.
A. Criminal Prosecution
Any Person that has violated or continues to violate this Article shall,in addition to any
enforcement action authorized by this Article, be liable to criminal prosecution to the
fullest extent of the taw.and shall be subject to a criminal penalty authorized pursuant to
Colorado Revised Statutes. Title 30.Articles 15 and 35. and any other applicable law
Weld County may recover all attorneys'fees.court costs and other expenses associated
with enforcement of this Article, including, but not limited to sampling and monitoring
expenses
B. Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided. any condition
caused or permitted to exist in violation of any of the provisions of this Article is a threat to public
or environmental health,safelyandylelfare,and is declared and deemed a nuisance.and may
be summarily abated or restored at the violators expense,and/or a civil action to abate.enjoin
or otherwise compel the cessation of such nuisance may be taken.
Sec.$-9-160. REMEDIES NOT EXCLUSIVE.
The remedies listed to this Article are not exciusive of any other remedies available
under any applicable federal,state or local laws. It is within the discretion of the Department of
Public Works to Leek cumulative remedies.
Sec.8-9-170. SEVERABIUTY,
The provisions of this Article are hereby declared to be severable. If any provision.
clause. sentence, or paragraph of this Article or the application thereof to any Person
establishment, or circumstances shall be held invalid such invalidity shall not affect the other
provisions or application of this Article.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be. and hereby
is,directed to arrange for Colorado Code Publishing to supplement the Weld County Code with
the amendments contained herein, to coincide with chapters. articles. divisions, sections, and
subsections as they currently exist within said Code; and to resolve any inconsistencies
regarding capitalization, grammar. and numbering or placement of chapters. articles,divisions,
sections,and subsections in said Code.
PAGE 18 20123165
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BE IT FURTHER ORDAINED by the Board if any section. subsection, paragraph.
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional,such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs. sentences,
clauses.or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2012-12 was. on motion duly made and
seconded,adopted by the following vote on the 17th day of December,A.D.,2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY.COLORADO
ATTEST:
Sean P.Conway,Chair
Weld County Clerk to the Board
William F.Garcia.Pro-Tem
BY:
Deputy Clerk to the Board
Barbara Kirkmeyer
APPROVED AS TO FORM:
David E.Long
County Attorney
Douglas Rademacher
First Reading: November 7.2012
Publication: November 14.2012,in the Greeley Tribune
Second Reading: November 26.2012
Publication: December 5.2012,in the Greeley Tribune
Final Reading: December 17,2012
Publication. December 26,2012.in the Greeley Tribune
Effective: January 1,2013
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