HomeMy WebLinkAbout20053401.tiff Page 1 of 1
Carol Harding
From: Bruce Barker
Sent: Friday, July 29, 2005 3:35 PM
To: Carol Harding
Subject: Additions to Chapter 8
Attachments: Clean Illicit Discharge.doc; Construction Site Stormwater.doc
Need to add the attached to Chapter 8 as soon as possible.
8/1/2005 2005-3401
►X
ARTICLE-Via
Illicit Discharges and Connections to Storm Sewer System
Section 8110. Definitions.
Authorized Enforcement Agency means the employees or designees of the Board of
County Commissioners of Weld County designated to enforce the provisions of this
Article.
Best Management Practices (BMPs) means the schedules of activities, prohibitions of
practices, general good house keeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices to prevent or reduce
the discharge of pollutants directly or indirectly to stormwater, receiving waters, or
stormwater conveyance systems. BMPs also include treatment practices, operating
procedures, and practices to control site runoff, spillage or leaks, sludge or water
disposal, or drainage from raw materials storage.
Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. § 1251, et
seq.) and any subsequent amendments thereto.
Construction Activity means those activities subject to NPDES Construction Permits.
NPDES Storm Water Phase II permits are required for construction projects resulting in
land disturbance of 1 acre or more. Such activities include but are not limited to clearing
and grubbing, grading, excavating, and demolition.
Hazardous Materials means any material, including any substance, waste, or
combination thereof, which, because of its quantity, concentration, or physical, chemical,
or infectious characteristics, may cause, or significantly contribute to, a substantial
present or potential hazard to human health, safety, property, or the environment when
improperly treated, stored, transported, disposed of, or otherwise managed.
Illegal Discharge means any direct or indirect non-storm water discharge to the storm
drain system, except as exempted in this Article.
Illicit Connections means an illicit connection defined as either of the following: (1) any
drain or conveyance, whether on the surface or subsurface, which allows an illegal
discharge to enter the storm drain system including, but not limited to, any conveyances
which allow any non-storm water discharge including sewage, process wastewater, and
wash water to enter the storm drain system and any connections to the storm drain system
from indoor drains and sinks, regardless of whether said drain or connection had been
previously allowed, permitted, or approved by the Authorized Enforcement Agency; or
(2) any drain or conveyance connected from a commercial or industrial land use to the
storm drain system which has not been documented in plans, maps, or equivalent records
and approved by the Authorized Enforcement Agency.
Industrial Activity means activities subject to NPDES Industrial Permits as defined in 40
CFR, Section 122.26 (b)(14).
MS4s 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) owned or operated by the State, or a city, town, county, district, association,
or other public body (created to or pursuant to state law) including special districts under
state law such as a sewer district, flood control district or drainage district, or similar
entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and
approved management agency under Section 208 of the Clean Water Act that discharges
into waters of the United States designed or used for collecting or conveying storm water,
which is not a combined sewer, and which is not part of a Publicly Owned Treatment
Works. For the purposes of this Article VIII, MS4s shall be limited to those located
within one or more of the Service Area Stormwater Utilities created in Article VII,
Chapter 8 of this Code.
National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge
Permit means a permit issued by EPA (or by the State under authority delegated pursuant
to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United
States, whether the permit is applicable on an individual, group, or general area-wide
basis.
Non-Storm Water Discharge means any discharge to the storm drain system that is not
composed entirely of storm water.
Person means any individual, association, organization, partnership, firm, corporation or
other entity recognized by law and acting as either the owner or as the owner's agent.
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 and yard wastes; refuse, rubbish, garbage,
litter, or other discarded or abandoned objects, Articles, and accumulations, so that same
may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers;
hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a
building or structure; noxious or offensive matter of any kind; and any soil, rock, and any
type of landscaping.
Premises means any building, lot, parcel of land, or portion of land whether improved or
unimproved, including adjacent sidewalks and parking strips.
Storm Drainage System means publicly-owned facilities by which storm water is
collected and/or conveyed, including but not limited to any roads with drainage systems,
municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention
and detention basins, natural and human-made or altered drainage channels, reservoirs,
and other drainage structures.
Stormwater means any surface flow, runoff, and drainage consisting entirely of water
from any form of natural precipitation, and resulting from such precipitation.
Stormwater Management Plan (SWMP) means a document which describes the Best
Management Practices and activities to be implemented by a person or business to
identify sources of pollution or contamination at a site and the actions to eliminate or
reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or
Receiving Waters to the Maximum Extent Practicable.
Wastewater means any water or other liquid, other than uncontaminated storm water,
discharged from a facility, including,but not limited to,portable urinals.
Section 83-20. Applicability.
This Article shall apply to all water entering the storm drain system located within one or
more of the Service Area Stormwater Utilities created in Article VII, Chapter 8 of this
Code, and generated on any developed and undeveloped lands unless explicitly exempted
by the Authorized Enforcement Agency.
Section 83-30. Responsibility for Administration.
The Authorized Enforcement Agency shall administer, implement, and enforce the
provisions of this Article. Any powers granted or duties imposed upon the Authorized
Enforcement Agency may be delegated in writing by the Board of County
Commissioners to persons or entities acting in the beneficial interest of or in the employ
of the agency.
Section 8-I-40. Ultimate Responsibility.
The standards set forth herein and promulgated pursuant to this Article are minimum
standards; therefore, this Article does not intend, nor imply, that compliance by any
person will ensure that there will be no contamination, pollution, nor unauthorized
discharge of pollutants.
Section 83-50. Discharge Prohibitions.
A. Prohibition of Illegal Discharges.
No person shall discharge or cause to be discharged into the storm drain system or
watercourses located within one or more of the Service Area Stormwater Utilities
created in Article VII, Chapter 8 of this Code any materials, including, but not
limited to, pollutants or waters containing any pollutants that cause or contribute
to a violation of applicable water quality standards, other than storm water.
The commencement, conduct or continuance of any illegal discharge to the storm
drain system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions established
by this Article: water line 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, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation,
springs, non-commercial washing of vehicles, natural riparian habitat or wet-
land flows, swimming pools (if dechlorinated - typically less than one PPM
chlorine), fire fighting activities, and any other water source not containing
Pollutants.
2. Discharges specified in writing by the Authorized Enforcement Agency as
being necessary to protect public health and safety.
3. Dye testing is an allowable discharge, but requires notification to the
Authorized Enforcement Agency prior to the time of the test.
4. The prohibition shall not apply to any non-storm water discharge permitted
under an NPDES permit, waiver, or waste discharge order issued to the
discharger and administered under the authority of the Federal Environmental
Protection Agency, provided that the discharger is in full compliance with all
requirements of the permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any
discharge to the storm drain system.
B. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit
connections to a storm drain system located within one or more of the Service
Area Stormwater Utilities created in Article VII, Chapter 8 of this Code is
prohibited.
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.
3. A person is considered to be in violation of this Article if the person connects
a line conveying sewage to the MS4, or allows such a connection to continue.
Section 84-60. Suspension of MS4 Access.
A. Suspension due to Illicit Discharges in Emergency Situations.
The Authorized Enforcement Agency may, without prior notice, seek the suspension
of MS4 discharge access to a person when such suspension is necessary to stop an
actual or threatened discharge which presents or may present imminent and
substantial danger to the environment, or to the health or welfare of persons, or to the
MS4 or Waters of the United States. If the violator fails to comply with a suspension
order issued in an emergency, the Authorized Enforcement Agency may take such
steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of
the United States, or to minimize danger to persons.
B. Suspension due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this Article may have their MS4
access terminated if such termination would abate or reduce an illicit discharge. The
Authorized Enforcement Agency will notify a violator of the proposed termination of
its MS4 access. The violator may petition the Authorized Enforcement Agency for a
reconsideration and hearing.
A person commits an offense if the person reinstates MS4 access to premises
terminated pursuant to this Section, without the prior approval of the Authorized
Enforcement Agency.
Section 81-70. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES storm water discharge
permit shall comply with all provisions of such permit. Proof of compliance with said
permit may be required in a form acceptable to the Authorized Enforcement Agency prior
to the allowing of discharges to the MS4.
Section 8-$-80. Monitoring of Discharges.
A. Applicability.
This Section applies to all facilities that have storm water discharges associated
with industrial activity, including construction activity.
B. Access to Facilities.
1. The Authorized Enforcement Agency shall be permitted to enter and inspect
facilities subject to regulation under this Article, as often as may be necessary,
to determine compliance with this Article. If a discharger has security
measures in force which require proper identification and clearance before
entry into its premises, the discharger shall make the necessary arrangements
to allow access to representatives of the Authorized Enforcement Agency.
2. Facility operators shall allow the Authorized Enforcement Agency ready
access to all parts of the premises for the purposes of inspection, sampling,
examination and copying of records that must be kept under the conditions of
an NPDES permit to discharge storm water, and the performance of any
additional duties as defined by state and federal law.
3. The Authorized Enforcement Agency shall have the right to set up on any
permitted facility such devices as are necessary in the opinion of the
Authorized Enforcement Agency to conduct monitoring and/or sampling of
the facility's storm water discharge.
4. The Authorized Enforcement Agency has the right to require the discharger to
install monitoring equipment as necessary. The facility's sampling and
monitoring equipment shall be maintained at all times in a safe and proper
operating condition by the discharger at its own expense. All devices used to
measure stormwater flow and quality shall be calibrated to ensure their
accuracy.
5. Any temporary or permanent obstruction to safe and easy access to the facility
to be inspected and/or sampled shall be promptly removed by the operator at
the 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.
6. Unreasonable delays in allowing the Authorized Enforcement Agency access
to a permitted facility is a violation of a storm water discharge permit and of
this Article. A person who is the operator of a facility with a NPDES permit to
discharge storm water associated with industrial activity commits an offense if
the person denies the Authorized Enforcement Agency reasonable access to
the permitted facility for the purpose of conducting any activity authorized or
required by this Article.
7. If the Authorized Enforcement Agency has been refused access to any part of
the premises from which stormwater is discharged, and he/she is able to
demonstrate probable cause to believe that there may be a violation of 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 this
Article or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Authorized Enforcement
Agency may seek issuance of a search warrant from any court of competent
jurisdiction.
Section 81)-90. Requirement to Prevent, Control, and Reduce Storm Water
Pollutants by the use of Best Management Practices.
The Authorized Enforcement Agency will adopt requirements identifying Best
Management Practices for any activity, operation, or facility which may cause or
contribute to pollution or contamination of storm water, the storm drain system, or waters
of the U.S. The owner or operator of a commercial or industrial establishment shall
provide, at their own expense, reasonable protection from accidental discharge of
prohibited materials or other wastes into the applicable municipal storm drain system or
watercourses through the use of these structural and non-structural BMPs. Further, any
person responsible for a property or premise, which is, or may be, the source of an illicit
discharge, may be required to implement, at said person's expense, additional structural
and non-structural BMPs to prevent the further discharge of pollutants to the applicable
municipal separate storm sewer system. Compliance with all terms and conditions of a
valid NPDES permit authorizing the discharge of storm water associated with industrial
activity, to the extent practicable, shall be deemed compliance with the provisions of this
Section. These BMPs shall be part of a Stormwater Management Plan (SWMP) as
necessary for compliance with requirements of the NPDES permit.
Section 8--100. Watercourse Protection.
Every person owning property through which a watercourse passes, or such person's
lessee, shall keep and maintain that part of the watercourse within the property free of
trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate,
or significantly retard the flow of water through the watercourse. In addition, the owner
or lessee 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.
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Section 818-110. Notification of Spills.
Notwithstanding other requirements of law, as soon as any person responsible for a
facility or operation, or responsible for emergency response for a facility or operation has
information of any known or suspected release of materials which are resulting or may
result in illegal discharges or pollutants discharging into storm water, the storm drain
system, or water of the U.S., said person shall take all necessary steps to ensure the
discovery, containment, and cleanup of such release. In the event of such a release of
hazardous materials said person shall immediately notify emergency response agencies of
the occurrence. In the event of a release of non-hazardous materials, said person shall
notify the Authorized Enforcement Agency 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 Authorized Enforcement Agency within three
business days of the phone notice. If the discharge of prohibited materials emanates from
a commercial or industrial establishment, the owner or operator of such establishment
shall also retain an on-site written record of the discharge and the actions taken to prevent
its recurrence. Such records shall be retained for at least three years.
Section 8-x;120. Enforcement.
A. Notice of Violation.
1. Whenever the Authorized Enforcement Agency finds that a person has violated a
prohibition or failed to meet a requirement of this Article, the Authorized
Enforcement Agency may order compliance by written notice of violation to the
responsible person. Such notice may require, without limitation:
a. The performance of monitoring, analyses, and reporting.
b. The elimination of illicit connections or discharges.
c. That violating discharges, practices, or operations shall cease and desist.
d. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property.
e. Payment of a fine to cover administrative and remediation costs.
f. The implementation of source control or treatment BMPs.
B. If abatement of a violation and/or restoration of affected property are required, the
notice shall set forth a deadline within which such remediation or restoration must be
completed. Said notice shall further advise that, should the violator fail to remediate
or restore within the established deadline, the Authorized Enforcement Agency may
seek the enforcement of the work through injunction or other legal means, or the
work will be done by a designated governmental agency or a contractor and the
expense thereof shall be charged to the violator.
Section 84-130. Appeal of Notice of Violation.
Any person receiving a Notice of Violation may appeal to the Board of County
Commissioners the determination of the Authorized Enforcement Agency. The notice of
appeal must be received within 14 days from the date of the Notice of Violation. Hearing
on the appeal before the appropriate authority or his/her designee shall take place within
15 days from the date of receipt of the notice of appeal. The decision of the Board of
County Commissioners shall be final.
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Section 8'$140. 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
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.
Section 8-3-150. Criminal Prosecution.
Any person that has violated or continues to violate this Article shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty as
authorized pursuant to Colorado Revised Statutes, Title 30, Articles 15 and 35. The
Authorized Enforcement Agency may recover all attorneys' fees court costs and other
expenses associated with enforcement of this Article, including sampling and monitoring
expenses.
Section 8-81/4-160. Remedies Not Exclusive.
The remedies listed in this Article are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the Authorized
Enforcement Agency to seek cumulative remedies.
ARTICLE
CONSTRUCTION SITE STORMWATER REGULATION
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Section 8--10. Permit required.
At least ten (10) days prior to the commencement of construction activities
disturbing at least one (1) acre of land (or part of a larger common plan of
development or sale that will disturb at least one (1) acre) located in Weld
County, Colorado, the owner or operator must apply for and obtain a Construction
Stormwater General Permit (hereinafter referred to in this Article as "Stormwater
Permit"), issued by the Colorado Department of Public Health & Environment,
Water Quality Control Division. The owner or operator must comply with the
terms and conditions set forth in the Stormwater Permit until the site is finally
stabilized. The term finally stabilized means that all disturbed areas have been
either built on, paved, or a uniform vegetative cover has been established with a
density of at least seventy (70) percent of pre-disturbance levels, or equivalent
permanent, physical erosion reduction methods have been employed.
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Section 8- -20. R-Factor Waiver.
As an alternative to applying for and obtaining a Stormwater Permit, an owner or
operator may apply for and obtain an R-Factor Waiver, if the construction site
will disturb at least one(1) acre and less than five(5) acres of land. The R-Factor
Waiver allows the owner or operator to apply for a waiver from Stormwater
Permit requirements during a period when the "R-Factor," as calculated using the
State-approved method, is less than 5. The "R-Factor" is a way to measure
erosion potential based on the length of the project and time of year.
Section 8-k-30. Information and application forms.
Information and application forms for Stormwater Permits or R-Factor Waivers
may be obtained at: www.cdphe.state.co.us/wq/PermitsUnit, or by calling (303)
692-3500.
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