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WELD COUNTY
CODE ORDINANCE 2005-9
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,thatChapter8 Public Works, of the Weld County Code, be,and
hereby is, repealed and re-enacted,with the addition of Article IX, Illicit Discharges and Connections
to Storm Sewer System,and Article X,Construction Site Stormwater Regulation,to read as follows:
CHAPTER 8 PUBLIC WORKS
ARTICLE IX
Illegal Discharges and Illicit Connections to Storm Sewer System
Section 8-9-10. 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. Section 1251,
et seq.) and any subsequent amendments thereto.
Construction Activity means those activities subject to NPDES Construction Permits.
NPDES Stormwater Phase II permits are required for construction projects resulting in land
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disturbance of one (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-stormwater discharge to the storm
drainage 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 drainage system including, but not limited to, any conveyances which allow any
non-stormwater discharge including sewage, process wastewater, and wash water to enter the
storm drainage system and any connections to the storm drainage system from indoor drains 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 drainage 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,ora 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 stormwater,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 Chapter 8,Article VII,of this Code.
National Pollutant Discharge Elimination System(NPDES)Stormwater Discharge Permit
means a permit issued by EPA (or by the State under authority delegated pursuant to
33 USC Section 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-StormwaterDischarge means any discharge to the storm drainage 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 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;
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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 stormwater 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.
Stormwatermeans 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 stormwater,
discharged from a facility, including, but not limited to, portable urinals.
Section 8-9-20. Applicability.
This Article shall apply to all water entering the storm drainage system located within one
or more of the Service Area Stormwater Utilities created in Chapter 8,Article VII,of this Code, and
generated on any developed and undeveloped lands unless explicitly exempted by the Authorized
Enforcement Agency.
Section 8-9-30. 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 8-9-40. 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 8-9-50. Discharge Prohibitions.
A. Prohibition of Illegal Discharges. No person shall discharge, or cause to be
discharged, into the storm drainage system or watercourses located within one or
more of the Service Area Stormwater Utilities created in Chapter8,Article VII,of this
Code, any materials,including,but not limited to, pollutants or waters containing any
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pollutants that cause or contribute to a violation of applicable water quality standards,
other than stormwater. The commencement, conduct or continuance of any illegal
discharge to the storm drainage system is prohibited except as described as
follows:
1. The following discharges are exemptfrom 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-stormwater 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 drainage system.
5. The prohibition shall not apply to irrigation return flows from agricultural
lands.
B. Prohibition of Illicit Connections.
1. The construction, use, maintenance or continued existence of illicit
connections to a storm drainage system located within one or more of the
Service Area Stormwater Utilities created in Chapter 8, Article VII, 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.
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Section 8-9-60. 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 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 MS4 access. The violator may petition
the Authorized Enforcement Agency for a reconsideration and hearing.
1. 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 8-9-70. Industrial or Construction Activity Discharges.
Any person subject to an industrial or construction activity NPDES stormwater 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 8-9-80. Monitoring of Discharges.
A. Applicability. This Section applies to all facilities that have stormwater 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 stormwater, and the performance of any
additional duties as defined by state and federal law.
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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 stormwater 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
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 stormwater discharge permit and of
this Article. A person who is the operator of a facility with a NPDES permit
to discharge stormwater 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 8-9-90. Requirement to Prevent,Control,and Reduce Stormwater Pollutants by the
use of Best Management Practices.
The Authorized Enforcement Agencywill adopt requirements identifying Best Management
Practices for any activity, operation, or facility which may cause or contribute to pollution or
contamination of stormwater, the storm drainage system, or waters of the United States. 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 drainage 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 stormwater associated with industrial activity,
to the extent practicable, shall be deemed compliance with the provisions of this Section. These
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BMPs shall be part of a Stormwater Management Plan(SWMP)as necessary for compliance with
requirements of the NPDES permit.
Section 8-9-100. 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.
Section 8-9-110. 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 stormwater, the storm drainage system, or water of the United States,
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 8-9-120. 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 stormwater pollution or
contamination hazards and the restoration of any affected property.
e. Payment of a fine to cover administrative and remediation costs.
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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 8-9-130. 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.
Section 8-9-140. 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 8-9-150. 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 8-9-160. Remedies Not Exclusive.
The remedies listed in this Article are not exclusive of any other remedies available under
any applicable federal, state or local law, and it is within the discretion of the Authorized
Enforcement Agency to seek cumulative remedies.
ARTICLE X
Construction Site Stormwater Regulation
Section 8-10-10. 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 and Environment, Water Quality
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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.
Section 8-10-20. 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 five(5). The"R-Factor"is a way to measure erosion
potential based on the length of the project and time of year.
Section 8-10-30. 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.
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 sub-
sections 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
sub-sections 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.
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PAGE 9 ORD2005-9
The above and foregoing Ordinance Number 2005-9 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of October, A.D., 2005.
OARD OF COUNTY COMMISSIONERS
LD COUNTY, COLORADO
ATTEST: kJ/
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! i am H. Jer. -, Chair
Weld County Clerk to the Bo• q TrT
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putt' rk to the B.3 rd �-
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APP ED AS TOYOR . ` ,
Rob D. Masd n
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ounty A orney
Glenn Vaa ---
First Reading: September 7, 2005
Publication: September 14, 2005, in the Fort Lupton Press
Second Reading: September 26, 2005
Publication: October 5, 2005, in the Fort Lupton Press
Final Reading: October 17, 2005
Publication: October 26, 2005, in the Fort Lupton Press
Effective: October 31, 2005
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