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Home My WebLink About20123331.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-12 was introduced on first reading on November 7, 2012, and a public hearing and second reading was held on November 26, 2012. A public hearing and final reading was completed on December 17, 2012, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2012-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE EFFECTIVE DATE: January 1, 2013 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 21, 2012 PUBLISHED: December 26, 2012, in the Greeley Tribune .sere 2-33S/ Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in NOTICE OF the regular and entire issue of every number of said FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter.Ordinance newspaper during the period and time of Number 2012-12 was introduced on first reading on November 7, publication of said notice, and in the newspaper 2012,and a public hearing and second reading was held on No- vember 26,2012. A public hearing and final reading was corn- proper and not in a supplement thereof; that the plated on December 17,2012,with no change being made to the ten of said Ordinance,and on motion duly made and seconded, first publication of said notice was contained in the was adopted. Effective date of said Ordinance is listed below. Twen -Sixth day of December A.D. Any backup material,exhibits or information previously submit- t�' ted to the Board of County Commissioners concerning this mat- 2012 and the last publication thereof: in the issue of ter may be examined in the office of the Clerk to the Board of County Commissioners,located within the Weld County Admin- said newspaper bearing the date of the istration Building,1150 O Street,Greeley,Colorado,between the hours of 8:00 a.m.and 5:00 p.m.,Monday thru Friday.or may be Twenty-sixth day of December accessed through the Weld County Web Page (www.co.weldco.us). E-Mail messages sent to an individual A.D. 2012 that said The Greeley Tribune has been Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file,please published continuously and uninterruptedly during send a copy to egesickeco.weld.co.us. ORDINANCE NO. 2012-12 the period of at least six months next prior to the first issue thereof contained said notice or ORDINANCE TITLE: IN A REENACTING,WITH AMENDMENTS,CHAPTER C BP AND BL advertisement above referred to; that said WORKS,OF THE WELD COUNTY CODE newspaper has been admitted to the United States EFFECTIVE DATE: January 1,2013 mails as second-class matter under the provisions BOARD OF COUNTY COMMISSIONERS of the Act of March 3,1879, or any amendments WELD COUNTY,COLORADO DATED: December 21,2012 thereof; and that said newspaper is a daily The Tribune newspaper duly qualified for publishing legal December 28,2012 notices and advertisements within the meaning of the laws of the State of Colorado. December 26, 2012 Total Charges: $7.88 � / • `1/ L/{ L .i pith day of December,2012 My Commission Expires 6/14/2g3 \"a`9.BEf•T2./x''.,, P.• • •l. M©Tg9y m• efre �vUi AOBLIC Notary lic rarnu,,.,. NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2012-12 was introduced on first reading on November 7, 2012, and a public hearing and second reading was held on November 26, 2012, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on December 17, 2012. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2012-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE DATE OF NEXT READING: December 17, 2012, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 29, 2012 PUBLISHED: December 5, 2012, in the Greeley Tribune • pi/0164\ . akUi sect_ C y\ `A- ` \-c l CA acall��c lb VIAOLLe. ; . lt a�C/7 _3331 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: ARTICLE IX Weld County Municipal Separate Storm Sewer System Illicit Discharge Detection and Elimination Sec. 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. Purpose/Intent. Weld County has been issued a regulated Phase II MS4 CDPS 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 square mile based on the 2000 U.S. Census. The currently designated areas are expected to change based on the 2010 census. Weld County's CDPS permit covers the Municipal Separate Storm Sewer Systems of the designated urbanized areas lying in unincorporated areas of Weld County. Municipalities with storm sewer systems in the designated MS4 urbanized areas administer their own MS4 permits in their respective areas. The objectives of this Article IX are: 2012-3331 A. To regulate and prohibit contributions of pollutants to the Municipal Separate Storm Sewer System (MS4) 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 ensure 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. 8-9-30. Authorization. Weld County is required by State and Federal law, and as a condition of its CDPS 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, et seq., C.R.S. enables counties to adopt ordinances for the control or licensing of those matters of purely local 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 30-15-401(11)(a)(I), C.R.S. specifically authorizes counties that have been issued a CDPS permit pursuant to Part 5 of Article 8 of Title 25, C.R.S., to adopt a stormwater ordinance to develop, implement, and enforce the Stormwater Management Program required by such permit. Section 18-4-511, C.R.S., makes it a crime to place any foreign substance, whether solid or liquid, into any body of water or watercourse. Section 30-15-401(1)(a)(V), 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 promotion 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 private property. Public or private property is defined at Section 18-4-511, C.R.S., to include "waters and watercourses." Section 16-13-305(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 unincorporated areas of Weld County located within, or discharging to, any current or future designated MS4 permit coverage area specified in the current CDPS permit issued to Weld County. Sec. 8-9-50. Definitions. For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings given herein: Best Management Practices (BMPs) means schedules of activities, structures, prohibitions of practices, maintenance procedures, and other management practices to prevent 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 Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Colorado Discharge Permit System (CDPS) means the State of Colorado's system of permitting discharges (e.g., 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 characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge means any direct or indirect Non-Stormwater discharge 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 Illicit Discharge to enter any MS4, including but not limited to, any conveyance which allows any Non-Stormwater discharge such as sewage, 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, maps, 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, gutters, 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 drainage district, or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to Waters of the State; B. Designed or used for collecting or conveying Stormwater; C. Which is not a combined sewer; and D. Which is not part of a Publicly Owned Treatment Works. Non-Stormwater Discharge 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's agent, operator, or occupier of any Premises subject 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; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; pet wastes; 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, mulch, rock, 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 to 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. Potable Water means any water which, according to recognized standards, is safe for human consumption Premises means any lot, 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 Treatment Works means a publicly owned domestic wastewater treatment facility. This includes any publicly owned devices and 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 if they convey wastewater to a Publicly Owned Treatment Works treatment plant. Stormwater means any surface flow, runoff, 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 harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Watercourse means a natural or artificial channel through which Stormwater or floodwater can flow, either regularly or infrequently. Waters of the State of Colorado (Waters of the State) means all streams, lakes, rivers, 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. 8-9-60. 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 Section 8-9-70, and all applicable County, State, or federal discharge regulations, only Stormwater may be discharged into any MS4. 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 considered to be Threatened Discharges unless they are actively being cleaned up. B. Prohibition of Illicit Connections. 1. The construction, use, maintenance or continued 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 past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. C. Exemptions. The following Non-Stormwater Discharges are exempt from the discharge prohibitions established by this Article when properly managed: Landscape irrigation, lawn watering, diverted stream flows, irrigation return flow, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, springs, flows from riparian habitats and wetlands, water line flushing, discharges from Potable Water sources, foundation and footing drains, air conditioning condensation, water from crawl space pumps, 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 Policy and Guidance documents. D. Requirements Applicable to Potential Dischargers 1. Watercourse Protection. Every Person owning, leasing or otherwise occupying 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 adjacent 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 contained to prevent the potential release of Pollutants. Leaks and spills shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water 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. Any Person issued a CDPS industrial and/or construction activity permit for Stormwater discharge from properties lying within the designated MS4 areas, or discharging to any MS4, 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 MS4. Failure to comply with the provisions of such permits is a violation of this Article. Sec. 8-9-90. 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. B. 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, sampling, examination and copying records that must be kept under the conditions of any CDPS permit, and any additional duties required 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 Premises 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 which discharges 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 CPDS 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 CDPS 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. 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 sampling of discharges. 7. The Department 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 operating 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 CDPS 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, shall provide reasonable protection from accidental or intentional discharge of prohibited materials or other wastes into any MS4 through the use of structural and non-structural, temporary and permanent BMPs. Further, any Person responsible for a Premises, which is, or may be, the source of an Illicit Discharge may be required, at their own expense, to properly clean up the pollutant, and implement additional temporary and/or permanent, structural and non-structural BMPs to prevent the further or future discharge of pollutants to any MS4. These BMPs shall be documented as part of any required management plan necessary for 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. Sec. 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 Premises, 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 Person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Additionally, such Person shall be shall be responsible for emergency suspension of all activities that are the cause of the release and shall implement corrective measures to mitigate and control discharges. B. In the event of a release of Hazardous Materials into Stormwater, any MS4, 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-Stormwater discharge into Stormwater, any MS4, or into any Waters of the State, said Person shall notify the 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 written notice addressed and mailed to the Department of Public Works within three business days of the phone notice. C. If the discharge of Hazardous Materials or Non-Stormwater emanates from a commercial or industrial establishment, the owner, operator, or occupier 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 years. Sec. 8-9-120. Suspension of MS4 Access. A. Emergency Suspension 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 Premises when such suspension is necessary to stop an Illicit Discharge or Threatened Discharge which presents, or may present, imminent and substantial danger to the environment, to the health or welfare of persons, or to any MS4 or Waters 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. B. A Person commits an offense if the Person reinstates MS4 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 an 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 B. of this Section 8-9-130 shall be issued by the Department of Public Works. B. 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 to 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 remediated and any affected property be restored; and/or 4. That source control or treatment BMPs be implemented. If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a reasonable deadline within which such remediation 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 1. Any Person receiving a written notice of violation may appeal the determination 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 on the appeal before the Board of Weld County Commissioners shall take place within 15 days from the date of receipt of the notice 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 requirements 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 decision of the Department of Public Works, the Department of Public Works may, pursue an administrative entry and seizure warrant for 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. D. Administrative Entry and Seizure Warrant for Abatement. If the time specified for abatement in the written notice of violation has expired, or on or after the fifteenth day after an unsuccessful 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 Section 30-15-401(11), C.R.S. The Weld County Board of Commissioners may assess the costs of the abatement specified in Section 30-15- 401(11), C.R.S., 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 8-9-140. Sec. 8-9-140. Collection of Costs. A. Cost of Abatement May Be Assessed. Upon 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 file for the County's Stormwater Management Program required by the County's CDPS permit. B. Assessment Becomes Lien. 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 recording. In case such assessment is not paid within 60 days after notice is mailed to the property owner, it may be certified by the County Clerk and Recorder to the County Treasurer, 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 law, 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, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. Sec. 8-9-160. Remedies Not Exclusive. The remedies listed in this Article are not exclusive 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 seek cumulative remedies. Sec. 8-9-170. Severability. 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. 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. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2012-12 published above, was introduced and, on motion duly made and seconded, approved upon first reading on November 7, 2012. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on November 26, 2012. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: November 26, 2012, at 9:00 a.m. THIRD READING: December 17, 2012, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: November 9, 2012 PUBLISHED: November 14, 2012, in the Greeley Tribune Affidavit of Publication 901 — 1D- 'wadivY) STATE OF'COLORADO ss. County of Weld, I Jennifer Usher of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fourteenth day of November A.D. 2012 and the last publication thereof: in the issue of said newspaper bearing the date of the Fourteenth day of November A.D. 2012 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. November 14,2012 Total Charges: $160.00 • 14th day of November,2012 My Commission Expires 6/14/2013 kid S Notary Public Municipal Separate Storm Sewer(MS4)means a conveyance or system WELD COUNTY of conveyances(including roads with tlrainage systems,municipal streets catch CODE ORDINANCE 2012-12 basins,Taros,gutters,ditches,manmade channels,or storm drains). IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS. A, Owned or operated by the State of Coloratlo,city,town,county,dish/al CHAPTER 8 PUBLIC WORKS,OF THE WELD COUNTY CODE association,or other public body(created by or pursuant to State law)having Iuriedic- tion over disposal of sewage,industrial wastes,Stormwater,or other wastes,includ- BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE ing special tlisiricis untler State law such as a sewer tlistrict flood control district or COUNTY OF WELD,STATE OF COLORADO. drainage district,or similar entity,or a designated and approved management agency WHEREAS,the Board of County Commissioners of the County of Weld.State of under Section 208 of the Clean Water Act that discharges to Waters of the State: Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter,is g, Designedhich onotnus¢tl forombined collecting or conveyingand Stormwater; vested with the authority of administering the affairs of Weld County.Colorado,and WHEREAS,the Board of County Commissioners,on December 2a 2000..adopted C. W is a c sewer; Weld County Code Ordinance 20001,enacting a comprehensive Code for the County p. Which is not pert of a Publicly Owned Treatment Works. 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 Non-Stormwater Discharge means any discharge tome storm drain aye' WHEREAS,the Weld County Code is in need of revision and clarification with regard tem that is not composed entirely of Stormwater. to procedures,terms,and requirements therein. Person means any individual,association,organization.partnership. NOW,THEREFORE,BE IT ORDAINED by the Board of Count Commissioners of age cooperator,or occur entity recognized by lawlaion,d is organithzation. owner,owner s Y agent,operator,or occupier of any Premises lab Ctho myCo Co of be.and State of aCre, repealed cenain existing ac Chapters nd the Weld County Code be, hereby ere, r and ra-enactetl,with amend:ncns.and Pollutant means anythingt eM1lch causes or contributes to pollution. the various Chapters are revised to read as follows. Pollutants may include,but are not limited to:paints,varnishes,and solvents;oil and other automotive fluids;nonhazardous liquid and solid wastes;yard wastes Includ- CHAPTER 8 ing grass clippings and leaves,refuse,rubbish,garbage,el or other discarded PUBLIC WORKS or abalea;pesticides,objects',accumulations that may cause or contribute to pollution; iloataDle herbicides,and fertilizers,hazardous substances and wastes; Repeal in its entirety.r,-Articleenact IX-Illegal Discharges and Illicit Connections to Storm sewage,fecal conform and pathogens,dissolved antl padirulate metals:pet wastes-. Sewer System and reenact it with the following: wastes and waste;wastes s that result from constructing a binding or structure.concrete ARTICLE IX washout and resin ki that result from mobile wasM1i operations:. Weld County Municipal Separate Storm Sewer System noxious or offensive maser of any kind,and any soil,mulch.rock,or other type of P P Y Iandsceping material. Illicit Discharge Detection and Elimination Sec.8-9-10. Title. Pollution means the presence of any foreign substance(organic,inor- genic)in water or wae[awater which in impair concentration tends to tlegrede its quality so as to constitute a hazard or Impair the usefulness or quality of the water to This Article shall be known,and may be cited,as the"Weld County Illicit Discharge a degree whioh mey not boy e such hazard to the public c health but which apes Detection and Elimination and Stormwater Quality Ordinance' adversely antl unreasonably affect such waters for domestic use. Sec.8-9-20. Purpose/Intent. potable Water means any water which,according to recognized stan- Weld County has been issued a regulated Phase II M54 CDPS permit Thal covers tlartls,is safe for human consumption designated areas of one rporate Weld County serving a population between tan thousand(10,000)and hundred thousand based 00)with urban areas of one thousand )or more people per square mile based on the 2000 U.S.Census. The currently designated areas are she tl to change based on the 2010 census. Weld County's COPS permit covers the Municipal Separate Storm Sewer Systems f of the designated urbanized areas lying in unincorporated areas of Weld County. Premises means any parcel Municipalities with storm sewer systems In the designated MS4 urbanized areas improved or unlm rover{an in lud rig adjacent sidewalks and of areashel administer their own MS4 permits in their respective areas. The objectives of this improved.any associated buildings,facilities.or improvements thereupon are consitl- P 9 Article IX are'. ered part of te Premises.Pu P A. To regulate and prohibit contributions of pollutants to the Municipal Storm Sewer System(MS4)by Stormwater discharges by any uses wastewater treatment Owfacined re Treatment Wores ks means a publicly owned domestic stems used in the store e treatment recycling or reclamation of mudnlnipal sewagevices ande or treat- Separate B. To prohibit Illicit Connections and Discharges to any MS4. went of theindustrialstorage tgwesfes of ta liquid nauro.It also Includes sewers C. To establish procedures to carry out the inspection,surveillance and Owned Tra tment Works treatment planar i(ihey convey wasf°wate tora Publs and icly monitoring necessary to ensure compliance with this Article;and p D. To protect the health,safety,and general welfare of the citizens of Weld during or following rmawnaer means any surface flow.runoff,and drainage occurring form County through the regulation of Non-Stormwater discharges to any MS4 consisting entirel of water from natural precipitation event and resulting therefrom and precipitation events including snowmelt. Sec.8 9-30- Authorization. Threatened discharge meals a condition creatin a substentlal probablb Weld County is required by State and Federal lava and as a condition of its COPS my of harm,when the probability and potential extent of harm make it reasonably nec- perm t to establish by ordinance methods for controlling the introduction of p;ll rants prop r yo or ne fmmetliour esion to prevent,reduce or mill ate tleme es ro arsons.into any M54,in order to protect and enhance the water quality of the Waters of the property natural resources. g g P State pursuant to and consistent with State statutes and regulations ano the Clean Water Act. Stormwater or oWatodwaterecan flow,either means a tregularly orl or rlinifrrequently.annel through which Section 30-15-401,et seq..C.R.S.enables counties to adopt ordinances for the corn trol or licensing of those matters ofpurely local concern.and to do all acts and make Waters of the State of Colorado(Waters of the State)means all streams. all regulations hich may be necessary r expedient for thepromotion of health or the lakes.rivers,ponds,wells,impounding reservoirs,watercourses,srings,drainage 9 P s stems,and irrigation systems,all sources of water such as snow.Ice.and all other suppression of disease. bodies or accumulations of water,surface and underground,natural or artificial, Section 30-15-401 11 e .C.R.S.specifically authorizes counties that have or private,located wholly or partially within or bordering upon the State of Colorado public ( )( 11) P Yand within its jurisdiction. been issued a CDPS permit pursuant to Part 5 of Article 8 of Title 25,C.P.S-to adopt a stormwater ordinance to develop.implement,and enforce the Stormwater Sec.&0-60- Responsibilit or TManagement Program required by such permit Y Atlminisiralion.mSection 18-4511,C R.S..makes it a crime to place any foreign substance.whether enforce e the provisions of this t Article.bite Works shall administer,implement,and solid or liquid,into any body of water or watercourse. Section 30-15-401(1)(e)(V),C.R.S-.specifically provides that,in addition to fie, Sec.B-B-]0- Discharge Prohibitions,Exemptions and Requirements. authority given counties under Section 18-4-511,C.R.S.,the Board of County A. Prohibitionof Weld County is authorized to do all acts and make all regulations of III nit Discharge which may be necessary or expedient for the promotion of health or the suppression 1 It shall be unlawful for any Person to dischar e or cause to be tits of disease,including the authority to restrain,fine,and punish persons for dumping charged into any MS4 any P g 9 rubbish,including fresh,dunk and garbage on public orprivate properly. Public or Pollutants or waters containing any Pollutants that cause private property i defined at Section 18-4-511,C.R.S. to include"wa"waters and water- or sections.to a violation se of applicable water quarry standards, Subject to below p P y subsection ctreg la of this Section 13-940 and ell applicable County,State,or federal tlis- courses" chargere ulations,only s may be discharged• t any MS4. Section 16-13-305(1)(e),C.R S.,makes any unlawful pollution or contamination of any 2. surface or subsurface waters in this State a Class 3 Public Nuisance in such a manner or location s toIt shall be unlaw'ul ocansti uetesa Threatened Discharge into any Pollutants that are no longer contained in e tank or other container are considered to Sea.8-9-40. Applicability_ be Threatened Discharges unless they are actively being cleaned up. The provisions of this Article shall apply in the unincorporated areas of B. Weld County located within.or discharging to,any current or future designated MS4 Prohibition of Illicit Connections. permit coverage area specified in the current COPS permit issued to Weld County. 1- The construction Connections to any MS4 is prohibited and a consideed continued violation ofthis Article. Sec.8-9-50. Definitions, 2 P For the purpose of this Article,the following terms,phrases,wortls,and mein derive- past,This prohibition expressly includes,without limitation,Illicit Connections p pmace in the sc regardless prevailing of oa the time connection was permissible under law or tons shall have the meanings given herein. madee applicable or p availing at the time of connection- Best Management Practices(BMPs)means schedules of activities. C Exemptions. g structures,es t bi oar efduce the spollution tenance of anyprocedures. BMPs can b estrucw eel wdren from the p discharge established by th s Article mwaterwhheDischarges proper) managed: practices prevent ggrounda e irrigation,lawtam,ated n groundd water stream , return lbw,rising non-structural and temporary or permanent Examples include,but are not rural or round waters,uncontaminated infiltration,flows irrigation nretupumped,ri silt fences,erosion blankets,hey bales,extended detention basin Veatmert require' ground water,springs,flows him riparian habitats and wetlands water line flushing, manta,operating procedures and practices to control site runoff,spillage or leaks. discharges from PotableWaterources,foundation and footing wetlands, air ontlhun- sludge or waste disposal,and drainage from raw material storage. ing condensation,water from cowl space pumps.individual residential car washing, Clean Water Act:The Federal Water Pollution Control Act 133 115 G.4 dec associated hlorinated swimming pool discharges w filetater innotcidental to street sweeping(inclutl- qany subsequent gency fire fighting activities.do charges specificall eauth irize with construction,emer- 1251 et seq.).Clean amendments rhPoeto. and permit,and discharges in accordance with the Colorado Departd ment of Public Health Colorado Discharge Permit System(CDPS)means the State of and Environment Water pp Colorado's system of permitting discharges leg..Stormwater,wesieweto r)to any Guidance documents, Quality Control Division Low Risk Discharge MS4 which corresponds to the Federal NPDES permits under the Clean Water Act 9 Policy and D. Department of Public Works means the Weld County Department at Requirements Applcable to Potential Dischargers Public Works. t Watercourse Protection- Every Person ownin least, or otherwise Hazardous Material means any material.substance,waste.or combine- that occupying of the Watercoursemises e wih thrin the ph a 'emises tree oses shall f fresh,debrip excessive veg- etation lion thereof,which because of its quantity,concentration,physical,chemical,or infer station and other obstacles that would ollute,contaminate,or si debris maintain tious characteristics may cause,or significantly conGbute to,a substantial present or (low of water through the p 9 y retard the potential hazard to human health,safety,property,or the environment when Improp- In atltlitlon,the owner,operator. rarursa. Irrigation structures themselves are excluownedetl. arty treated,stored,transported,disposed of,or otherwise managed. structures within,or adjacent to.a Woccupieurseall mat tisuchxi•sting Tres well nonned Illicit Discharge means any direct or indirect Non-Stormwater discharge become a hazard to the use,function,or physical integrity of the watercourse. to any MS4 which is not exempted by this Article or applicable state or federal law. 2 tenance in an ,covered outdoaintenance of owpma r area shall Any leak or sell related to equipment main-icittion means ither of the ontained owhether on the Surface orrsubsurface,wh which allows following:an Illicit Discharge to o eter conveyance,y release of of Pollutants.Leaks and epllia shell be cleaned bytdry sweet the potential MS4,including but not limited to,any conveyance which allows any Non-Stormwater this sweeping, collection and treatment of wash water or other methods in i cor wet vacuum discharge such as sewage,process wastewater.and wash water to enter any MS4i pliance with end any connection to any MS4 from indoor drains.sump pumps and sinks,regaror- 3. Pesticides,Herbicides and Fertilizers-Pesticides,herbicides and lenil- Iess of whether said drain or connection had been previously allowed,permitted, izers shall be applied in accordance With manufacturer recommendations and approved by Weld County or other governmental authority;or any drain or convey- cable laws Excessive appli- ance connected from a commercial or industrial land use to any MS4 which has application shall be avoided. not been documented in plans.maps,or equivalent records and approved by Weld Sec.8-9- 80.Industrial or Construcion Activity Discharges. County or other governmental authority. Any Person issued a CDPS industrial and/or construction activity permit for Stormwater discharge from pro ertes lying within the designated MS4 areas,or discharging to any MS4,shall comply with alt provisions of such permit. Proof of com- pliance with such permits may be required in a form acceptable to the Department of Public Works •prior to allowing discharges to an MS4. Failure to comply with the provi- sions of such permits is a violation of this Article. Sec.9-9-90. Access,Inspection,Sampling,and Monitoring Discharges, C. Appeal of Written Notice of Violation A Applicability. This Section applies to all Premises within unincorporated t Any Person receiving a written notice of violation may appeal the Weld County that are,or may be,discharging to any designated MS4 area, determination 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 B. Access to Facilities. of the written notice of violation. Hearing on the appeal before the Board of Weld County Commissioners shall take place within 15 days from the date of receipt of the 1. The Weld County Department of Public Works shall be allowed to enter notice of appeal. The decision of the Board of Weld County Commissioners shall be 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 2_ If the violation has not been corrected etl pursuant to the requirements set make the necessary arrangements to allow access to Department of Public Works forth in the written notice of vin of the or,in the event of an appeal,on or after the personnel. fifteenth day after the decision of the Board of Weld County Commissioners Worksuph ing the decision of the Department of Public Works,the Department of Public may, 2. pursue an administrative entry and seizure warrant for abatement pursuant to Section Premises owners,operators,or occupiers shall allow Department of Public Works personnel ready access to all parts of the Premises for the purposes of 30-15-401(11).C.R.S.,in addition to any other available civil or criminal enforcement inspection,sampling,examination and copying records that must be kept under the pursuant to Section 8-9450. conditions of any CDPS permit,and any additional duties required to determine com- pliance with this Article or applicable state and federal law. D. Administrative Entry and Seizure Warrant for Abatement. If the time specified for abatement in the written notice of violation has expired,or on or after 3. the fifteenth day after an unsuccessful appeal of the written notice of violation,the 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, Department of Public Works may petition the court for an administrative entry and operator,or occupier at the written or oral request of the Department of Public Works seizure warrant for abatement pursuant to Section 30-15-401(11),C.R.S. The Weld and shall not be replaced.The costs of clearing such access shall be borne by the County Board of Commissioners may assess the costs of the abatement specified in owner,operator,or occupier. Section 30-15-401(11),C.R S.,and such costs shall become a lien against the prop- erty from which the cause(s)of violation have been remediated,as further described 4. Refusal to allow or unreasonable delays in allowing the Department of in Section 8-9-140. Public Works access to the Premises for the purpose of conducting any activity autho- rized or required by this Article shall be a violation of any CDPS permit and of this Sec.8-9-140. Collection of Costs. Article. the property Cost of Abatement May Be Assessed. Upon notice to,and failure of, 5 If the Department of Public Works has been refused access to any part owner,operator,occupier,or other responsible party to abate or mitigate of the Premises from which discharges occur or may occur,and the Department of the discharge of pollutants,the Department of Public Works,or its designee,may Public Works is able to demonstrate probable cause to believe that there may be perform the work needed to comply with this Article and any applicable COPS permit. a violation of the CPDS permit and/or this Article,or that there is a need to inspect The whole cost thereof,including five percent for inspection and other incidental costs and/or sample as part of a routine inspection and sampling program designed to in connection therewith,shall become an assessment upon the properly from which verify compliance with any CDPS permit or this Article,or to protect the overall public such condition has been abated or remediated.The Department of Public Works shall health,safety,and welfare of the community,then the Department of Public Works keep a written record of all r m its which byshall beCounty's o the file for the County's may seek issuance of a search warrant from any court of competent jurisdiction. Stormwater Management Program required the CDPS permit. 6. The Department of Public Works shall have the right to set up on the • • TB Assessment Becomes Lien. Any assessment pursuant to this Article shall, Premises such devices as are necessary in the opinion of the Department of Public based once recorded,be a lien against such property until paid and shall have priority upon its date of recording. In case such assessment is not paid within 60 days Works to conduct monitoring and/or sampling of discharges. after notice is mailed to the property owner,it may be certified by the County Clerk 7. The Department of Public Works has the right to require the owner, and Recorder to the County Treasurer,who shall collect the assessment,together operator,or occupier to install monitoring equipment as necessary.The owner,opera- with a ten percent penalty or the cost of collection,in the same'manner as other • tor,or occupier shall,at its own expense,maintain at all times in safe and proper taxes are including the The laws of this State for assessment and collection of general operating condition,the sampling and monitoring equipment. All devices used to taxes, the laws for the sale and redemption of property for taxes,shall apply measure discharge or water flaw and qualify shall be calibrated to ensure their accu- to the collections of assessments pursuant to this Article. racy. Sec.8-9-150. Violations,Enforcement and Penalties. Sec.8-9-100. Requirement to Prevent,Control,and Reduce Non-Stormwater Discharges by Use of Best Management Practices. ie Criminal Prosecution. Any Person that has violated or continues to vio- late this liable Article r l criminal l,in addition to any enforcement action authorized by this Article, Weld County shall provide for,and compel the abatement of any condition thatprosecution to the fullest extent of the law,and shall be subject to PS Permit and require a criminal penalty authorized pursuant to Colorado Revised Statutes,Title 30,Articles causes or contributes to a violation of this Article or any CO 15 and 35,and any other applicable law Management Practices(BMPs)for any activity,which may cause or contribute to Weld County may recover all attorneys'fees, pollution or contamination of any MS4. The owner,operator,or occupier,at their own court costs and other expenses associated with enforcement of this Article,including, expense,shall provide reasonable protection from accidental or intentional discharge but not limited to,sampling and monitoring expenses. of prohibited materials or other wastes into any MS4 through the use of structural and non-structural,temporary and permanent BMPs. Further,any Person responsible for B. dV penaltie Deprovided,emed Public Nuisance. In addition rperto theed enforcement vet la- a Premises,which is,or may be,the source of an Illicit Discharge may be required, processes and penalties nsof any condition threat a to public or or environmental to exist in earth at their own expense,to properly clean up the pollutant,and implement additional ton of any of the provisions of this Article is a to or health, temporary and/or permanent,structural and non-structural BMPs to prevent the further abate and stored and is declared and deemed, a nuisance,il and may be summarily or future discharge of pollutants to any MS4. These BMPs shall be documented as abated or restoretlhe the violator's tno such nuts and/or a civil action to abate,enjoin,or part of any required management plan necessary for compliance with any CDPS per- mit. Compliance with all terms and conditions of a valid COPS permit authorizing the discharge of Stormwater associated with industrial and/or construction activity,to the Sec.8-9-160. Remedies Not Exclusive. extent practicable,shall be deemed compliance with the provisions of this Section. Sec.8-9-110. Notification of Discharges. rem- edies available undere any es applicabled in this federall Article or local exclusive aws It is with other the discre- A.Sec. of the Department of Public Works to seek cumulative remedies. Notwithstanding other requirements of law,as soon as any Person owns,occupies,operates,or is otherwise responsible for a Premises,or is Sec.8'9-1]0. Severability who responsible for the emergency response for such Premises,has information of any known or suspected release of a Non-Stormwater or Hazardous Material discharge The provisions e this Article are hereby declared to be severable. If an into Stormwater,any MS4,or into any Waters of the State,said Person shell take all clause.sentence,,or paragraph of this Article or the application thereof to any Person, necessary steps to ensure the discovery,containment,and cleanup of such release. theestablishment,ofprovisions or circumstances shall be held invalid,such invalidity shall not affect Additionally,such Person shall be shall be responsible for emergency suspension of the other provisions or application of this Article. all activities that are the cause of the release and shall implement corrective urea- BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby sures to mitigate and control tlischarges. is, to Code with amendments s contained for Colorado ode Publishing toci supplement the Weld County B. In the event of a release of Hazardous Materials into Stormwater,any herein,to coincide with chapters,articles, M54,or into any Waters of the State,said Person shall immediately notify emergency divisions,sections,and subsections as they currently exist within said Code;and to resolve any inconsistencies regarding capitalization,grammar,and numbering or response agencies of the occurrence via emergency dispatch services.In the event of a Non-Stormwater discharge into Stormwater,any M54,or into any Waters of placement of chapters,articles,divisions,sections,and subsections in said Code. 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 ortions 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 State,said Person shall notify the 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 written notice addressed and mailed to the NOTICE Department of Public Works within three business hays of the phone notice. PURSUANT to the Weld County Home Rule Charter,Ordinance Number 2012-12 C. If the discharge of Hazardous Materials or Non-Stormwater emanates published above,was introduced and,on motion duly made and seconded,approved from a commercial or industrial establishment.the owner,operator,or occupier of upon first reading on November T 2(112. A public hearing and second reading is such establishment shall also retain an on-site written record of the discharge and scheduled to be held in the Chambers of the Board,located within the Weld County the actions taken to prevent its recurrence,Such records shall be retained for at least Atlminisirefion Building,1150 O Street,Greeley Colorado 80631,on November 26, three years. 2012. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Sec.8-9-120. Suspension of MS4 Access. A. Please contact the Clerk to the Boards office at phone(970)336-7215,Extension Emergency Suspension Due to Illicit Discharges, The Department of Public Works may,without prior notice,seek the suspension of MS4 discharge access 4225,or fax(970)352-0242,prior to:he day of the hearing if,as the result of a dis- to a Person and/or Premises when such suspension is necessary to stop an Illicit ability,you require reasonable accommodations in order to participate in this hearing. Discharge or Threatened Discharge which presents,or may present,imminent and persons,or to any Any backup material,exhibits or information previously submitted to the Board of substantial danger to the environment,to the health or welfare of MS4 or Waters of the Stale. If the violator fails to comply with a suspension ostler County Commissioners concerning this matter may be examined in the office of issued in an emergency,the Department of Public Works may take such steps as the Clerk to the Board of County C ommissioners,located within theCounty deemed necessary to prevent or minimize damage to any MS4 or Waters of the State Administration Building,1150 0 Street,Greeley,Colorado,between thelhours of or to minimize danger to persons. 8:00 a.m.and 5:00 p.m..Monday thru Friday,or may be accessed through the Weld , County Web Page(www.co.weldco.us) E-Mail messages sent to an individual B. A Person commits en offense if the Person reinstates MS4 access Commissioner may not be included in the case file. To ensure inclusion of your E- to Premises terminated pursuant to this Section without the prior approval of the Mail correspondence into the case file,please send a copy to e9esick@co.weld.co.us. Department of Public Works. Sec.8-9-130. Enforcement. SECONDING, December November 2012,at am m A. • Oral Notice of Violation. Except where emergency suspension is neces- BOARD OF COUNTY COMMISSIONERS sary pursuant to Section 8-9-110(A),the Department of Public Works shall attempt to WELD COUNTY,COLORADO provide an 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 DATED: November 9,2012 immediate action to address the violation. In the event reasonable efforts to commu- nicate oral notice to such Person are unsuccessful,written notice of violation pursuant The Tribune to below subsection B.of this Section 8-9-130 shall be issued by the Department of November 14,2012 Public Works, B. 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 to 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 o 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 remedlated and any affected property be restored;and/or 4. That source control or treatment BMPs be implemented. If abatement of a violation and/or restoration of affected property are required,the notice shall set forth a reasonable deadline within which such remediation and/or restoration must be completed. The written notice of violation shall be served by hand delivery or by certified mail,return receipt requested. Hello