HomeMy WebLinkAbout20053400.tiff NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-9 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
September 26, 2005. A public hearing and final reading was completed on October 17, 2005,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 in the Weld County Centennial Center, 915 10th Street, Third
Floor, 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 charding@co.weld.co.us.
ORDINANCE NO. 2005-9
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: October 31, 2005
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: October 21, 2005
PUBLISHED: October 26, 2005, in the Fort Lupton Press
2005-3400
NOTICE OF FINAL READING OF ORDINANCE PROOF OF PUBLICATION
Pursuant to the Weld County FORT LUPTON
Home e 9harter, Oruinanon
Number 2005-9 was introduced on
first reading on September 7, STATE OF COLORADO
2005, and a public hearing and
second reading was held on COUNTY OF WELD SS.
September 26, 2005. A public
hearing and final reading was
completed on October 17,2OO5,
with no change being made to the
text of said Ordinance, and on
motion duly made and seconded, I, Karen Lambert, do solemnly swear that I
was adopted.is.Effective below. of said am the Publisher of the Fort Lupton Press;
Ordinance id listed bvlow.
Any backup material, exhibits or
information previously submitted to that the same is a weekly newspaper printed
the Board of County
Commissioners concerning this and published in the County of Weld, State
matter may be examined in the
office of the Clerk to the Board of of Colorado, and has a general circulation
County Commissioners, located in
the Weld Counry Centennial therein; that said newspaper has been
Center, 915 10th Street, Third
Floor,Greeley,Colorado,between published continuously and uninterruptedly
the hours of 8:00 a.m. and 5:00
p.m., Monday thru Friday, or may in said county of Adams for a period of more
be accessed through the Weld
County Web Page than fifty-two consecutive weeks prior to the
o.weld.co.us). E-Mail
messa messages sent to an individual first publication of the annexed legal notice
Commissioner may not ncl sion
in the case
or advertisement; that said newspaper has
nTo ensure inclusion
of your E-Mail correspondence into
the case((fio�lle,please sendacopy to
RDINAI been admitted to the United States mails as
OCE NO. 2005-9 second-class matter under the provisions of
ORDINANCE TITLE: IN THE
MATTER OF REPEALING AND the act of March 3, 1879, or any
REENACTING,AMENDMENTS, WITH
CHAPTERB amendments thereof, and that said
PUBLIC COUNTY CODE' OF THE WELD newspaper is a weekly newspaper duly
EFFECTIVE DATE: October B,, qualified for publishing legal notices and
BOARD OF COUNTY
COMMISSIONERS advertisements within the meaning of the
WELD
DATED:°Octber2UNTY, 1,,L005°O laws of the State of Colorado. That the
in the Fort October n Press 26, 2005, annexed legal notice or advertisement was
published in the regular and entire issue of
every number of said weekly newspaper for
the period of 1 consecutive insertion(s); and
that the first publication of said notice was in
the issue of newspaper, dated 26th day of
October, 2005, and the last on the 26th day
of October, 2005.
Publisher. Su scribed a urn before me, this the
24th day of October, 2005.
Nota ublic.
Iail I , O(P CASE NO.1111111 key 21168
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2005-9 was introduced on
first reading on September 7, 2005, and a public hearing and second reading was held on
September26,2005,with changes being made as listed below. A public hearing and third reading
is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street,
Greeley, Colorado 80631 on October 17, 2005. 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 in the Weld County Centennial Center,915 10th Street,Third Floor,
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 charding@co.weld.co.us.
ORDINANCE NO. 2005-9
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: October 17, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 30, 2005
PUBLISHED: October 5, 2005, in the Fort Lupton Press
* * * * * * * * * * *
CHANGES MADE TO CODE ORDINANCE #2005-9 ON SECOND READING
Amend Title of Chapter 8, Article IX to read as follows:
CHAPTER 8 PUBLIC WORKS
ARTICLE IX
Illegal Discharges and Illicit Connections to Storm Sewer System
Amend Section 8-9-50 to read as follows:
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 Chapter 8 , Article VII,
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 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 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-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. No change
NOTIC
SECOND OF (not including active groundwater PROOF OF PUBLICATION
SECOND READING OF p ing systems), crawl space
ORDINANCE pumps, air conditioningFORT LUPTON
Pursuant to the Weld County condensation, springs,
Home Rule o Charter,sintroduced
Oron vehicles,natural
al n washing of STATE OF COLORADO
Number 2005-9 was introduced on vehicles,natural riparian habitat or
first reading on September 7, wet8#8209;land flows, swimming
...2005, and a public hearing and pools (if dechlorinated ‑ COUNTY OF WELD SS.
cond reading was held on typically less than one PPM
ptember 26,2005,with changes chlorine),fire fighting activities,and
ueing made as listed below. A any other water source not
public hearing and third reading is containing pollutants.
scheduled to be held in the 2. Discharges specified in writing
Chambers of the Board,First Floor by the Authorized Enforcement I, Karen Lambert, do solemnly swear that
Hearing Room, 915 10th Street, Agency as being necessary to
Greeley, Colorado 80631 on protect public health and safety. am the Publisher of the Fort Lupton Press;
October ter 2005. All persons in 3. Dye r testing, r is an allowable that the same is a weekly newspaper printed
any manner,interested in the next discharge,but requires notification
reading of said Ordinance are to the Authorized Enforcement
requested to attend and may be Agency prior to the time of the test. and published in the County of Weld, State
heard. 4.The prohibition shall not apply to
Please contact the Clerk to the any non8#8209;stormwater of Colorado, and has a general circulation
Board's Office at phone (970) discharge permitted under an
336-7215, Extension 4225, or fax NPDES permit, waiver, or waste therein; that said newspaper has been
(970)3528#8209;0242,prior to the discharge order issued to the
day of the hearing if,as a result of discharger and administered under published continuously and uninterruptedly
a disability,you require reasonable the authority of the Federal
accommodations in order to Environmental Protection Agency, in said county of Adams for a period of more
participate in this hearing. provided that the discharger is in
Any backup material, exhibits or full compliance with all than fifty-two consecutive weeks prior to the
information previouslysubmittedto reor order andothe the perma,waiver,
s first publication of the annexed legal notice
the Board of County or order and other applicable laws
Commissioners concerning this and in regulations,and provided that newspaper has
matter may be examinedthe written approval has been granted or advertisement; that said
office of the Clerk to the Board of for any discharge to thestorm been admitted to the United States mails as
County Commissioners,located in drainage system.
the Weld County Centennial 5.The prohibition shall not apply to
Center,915 10th Street,Third irrigation return flows from second-class matter under the provisions of
Fleoh Greeley,Colorado,bet 00 agricultural.Nenda. the act of March 3, 1 879, or any
the hours of Co a.m. and 5:00 B.No change
p.m., Monday thru Friday, or may
be accessed through the Weld amendments thereof, and that said
Web Page
(wwwco.weld. ). E-Mail newspaper is a weekly newspaper duly
messages sent to an individual
Commissioner may not be included qualified for publishing legal notices and
in the case file.To ensure inclusion
of your E-Mail correspondence into advertisements within the meaning of the
the case file,please send a copy to laws of the State of Colorado. That the
charding@co.weld.co.us.
ORDINANCE NO. 2005-9
ORDINANCE TITLE: IN THE annexed legal notice or advertisement was
MATTER OF ENAREPEALINGW
RE CTNG, WITH published in the regular and entire issue of
^"IENDMENTS, CHAPTER 8
3LIC WORKS,OF THE WELD every number of said weekly newspaper for
DATEJUN TOF CONEXT READING:DE
the period of 1 consecutive insertion(s); and
BOARDber 17,20O5Fat9:0000UNTY that the first publication of said notice was in
COMISSIONERS
WELD I COUNTY,COLORADO the issue of newspaper, dated 5th day of
DATED: September 30,2005 October, 2005, and the last on the 5th day of
PUBLISHED: October 5,2005,in
the Fort Lupton Press October, 2005.
CHANGES MADE TO CODE
ORDINANCE #2005-9 ON
SECOND READING
Amend Title of Chapter 8, Article
IX to read as follows:
CHAPTER 8 PUBLIC WORKS
ARTICLE IX
Illegal Discharges and Illicit
Connections to Storm Sewer
System
Amend Section 8-9-50 to read as
follows:
Section W8209;98,118209;50.
Discharge
Prohibitions.
<br dear-"all">
A.Prohibition of Illegal Discharges.
No person shall discharge, or
cause to be discharged, into the
storm drainage system or
watercourses located within one in
more of the Service Area
Y P.
Chapter
ater Utilities created in -....C..."1C"-N-
Chapter 8 , Article VII, of this %SP.•,."""- k
Code,any materials,including,but '0,•••• •\5/� U is er. U scrl e an sworn before me, this the
not limited to, pollutants or waters •
containing any pollutants that J S2nd day of October, 2005.
cause or contribute to a violation of 1 R(�tZl Ii 1 f
applicable water quality standards, 1
other than stormwater. The i t p, 1 i 1 zt
commencement, conduct or e
continuance of any illegal r" L
discharge to the storm drainage •;•{.fir
system is ws: except as ^" (�escnbed as follows: . "• The following discharges arep& (L
c.
:mot from discharge prohibitions ry
.tablished by this Article: water
line flushing or other potable water
sources, landscape irrigation or
lawn watering, diverted stream
flows, rising ground water,ground
wator infiltration to storm drains, ��
uncontaminated pumped ground I C/J\
water,foundation or footing drains CASE NO.370207 key 20633
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,that Chapter 8 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
Illicit Discharges and Connections to Storm Sewer System
Section 8-9-10. Definitions.
Authorized EnforcementAgency 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
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 EnforcementAgency;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-Stormwater Discharge 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;
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 Chapter8,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 Chapter ,Article VII,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 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 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-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.
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.
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 EnforcementAgency 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.
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.
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 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 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 Agency will 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 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 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
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 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 8-9-120. 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.
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
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.
t
NOTICE
PURSUANT to the Weld County Home Rule Charter,Ordinance Number2005-9 published above,
was introduced and,on motion duly made and seconded,approved upon first reading on September
7,2005. A public hearing and second reading is scheduled to be held in the Chambers of the Board,
First Floor Hearing Room,915 10th Street,Greeley,Colorado 80631,on September 26,2005. 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 in the Weld County Centennial Center,Third Floor,91510th 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 charding@co.weld.co.us.
SECOND READING: September 26, 2005, at 9:00 a.m.
THIRD READING: October 17, 2005, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 9, 2005
PUBLISHED: September 14, 2005, in the Fort Lupton Press
which, because of its quantity, PROOF OF PUBLICATION
WELD COUNTY concentration, or physical,
CODE ORDINANCE 2005.9 chemical, or infectious FORT LUPTON
characteristics, may cause, or
IN THE MATTER CTI REPEALING significantly contribute to, a STATE OF COLORADO
AND REENACTING,CHAPTER
TER substantial present m or , safety,
AMENDMENTS,CMAPTERB hazard to human health, safety,
PUBLIC WORKS,OF THE WELD property,or the environment when COUNTY OF WELD SS.
COUNTY CODE improperly treated, stored,
transported, disposed of, or
BE IT ORDAINED BY THE otherwise managed.
BOARD OF COUNTY
COMMISSIONERS OF THE Illegal Discharge means any direct I Karen Lambert, do solemnly swear that I
COUNTY OF WELD, STATE OF or indirect non8#8209;stormwater ,
COLORADO: discharge to the storm drainage
system,except as exempted in this am the Publisher of the Fort Lupton Press;
WHEREAS, the Board of County Article.
Commissioners of the County of that the same is a weekly newspaper printed
Weld,State of Colorado,pursuant Illicit Connections means an illicit
to Colorado statute and the Weld connection defined as either of the and published in the County of Weld, State
County Home Rule Charter, is following: (1) any drain or
vested with the authority of conveyance, whether on the of Colorado, and has a general circulation
administering the and of Weld surface or subsurface, co therein• that said newspaper has been
County,Colorado,and allows illegal ie to enter tem ,
the storm drainage system
WHEREAS, s, Board of County8, including, but not limited w any published continuously and uninterruptedly
2000,adopted
Commissioners,on Decembernty conveyances which allow any
adopted Weld County Code nonuding stsewage, discharge in said county of Adams for a period of more
Ordinance 2000.1, enacting a including sewage, process than fifty-two consecutive weeks prior to the
comprehensive Code for the wastewater, and wash water to
County of Weld, lincluding the enter the storm drainage system first publication of the annexed legal notice
codification of allpreviously geerand any connections to the storm
adopted ordinances of a general drainage system from indoor
and permanent nature enacted on drains and sinks, regardless of or advertisement; that said newspaper has
or before said date of adoption, whether said drain or connection
and had been previously allowed, been admitted to the United States mails as
permitted, or approved g thc ; second-class matter under the r WHEREAS, the e County Authorized Enforcement Agency; provisions of
Code is in need of revision and or (2) any drain or conveyance the act of March 1879 or any
clarification with regard to connected from a commercial or3, ,
procedures, terms, and industrial land use to the storm
requirements therein.drainage system which has not amendments thereof, and that said
been documented in plans,maps,
NOW, THEREFORE, BE IT or equivalent records and newspaper is a weekly newspaper duly
ORDAINED by the Board of approved by the Authorized
County Commissioners of the Enforcement Agency. qualified for publishing legal notices and
County of Weld,State of Colorado, the Chapter 8 Public Works,of the Industrial Activity means activities advertisements within the meaning of the
Weld County Code,be,and hereby subject to NPDES Industrial
is, repealed and re-enacted, with Permits as defined in 40 CFR, laws of the State of Colorado. That the
the addition of Article IX, Illicit Section 122.26(b)(14).
Discharges and Connections to annexed legal notice or advertisement was
Storm Sewer System, and Article MS4s means a conveyance or
X, Construction Site Stormwater system of conveyances(including published in the regular and entire issue of
Regulation,to read as follows: roads with drainage systems, every number of said weekly newspaper for
CHAPTEmunicipal streets, catch basins,
REPUBLIC WORKS curbs, gutters, ditches,
ARTICLE the of 1 consecutive insertion(s)•,
ARTICLE IX man8#8209;made channels, period nsert or ; and
storm drains) owned or operated that the first publication of said notice was in
Illicit Discharges and by the State, or a city, town,
m the newspaper,Connections to Storm Sewer county, district, association, or
System issue of a er dated 14th day of
other public body (created to or
Section 8888209;98#8209;10. pursuant to state law) including September, 2005, and the last on the 14th
SctionDefinitions. special districts under state law
nh as ta sewer district, flood
Authorized Enforcement Agency control district or drainadrainage
floodAgency control a district,
means the employees or or similar entity,or an Indian tribe
designees of the Board of County or an authorized Indian tribal
Commissioners of Weld County organization, or a designated and
designated to enforce the approved management agency
provisions of this Article. under Section 208 of the Clean
Water Act that discharges into
Best Management Practices waters of the United States
(BMPs) means the schedules of designed or used for collecting or
activities,prohibitions of practices, conveying stormwater,which is not
general good house keeping a combined sewer, and which is
practices,pollution prevention and not part of a Publicly Owned
educational practices, Treatment Works. For the
maintenance procedures, and purposes of this Article VIII,MS4s
other management practices to shall be limited to those located
prevent or reduce the discharge of within one or more of the Service
pollutants directly or indirectly to Area Stormwater Utilities created
stormwater, receiving waters, or in Chapter 8, Article VII, of this
stormwater conveyance systems. Code.
BMPs also include treatment /��`'/j��
practices, operating procedures, National Pollutant Discharge ,�< �
and practices to control site runoff, Elimination System (NPDES)
spillage or leaks, sludge or water Stormwater Discharge Permit
disposal, or drainage from raw means a permit issued by EPA(or
materials storage. by the State under authority
delegated pursuant to 33 USC Publisher. Subscribed a n before me, this the
Clean Water Act means the federal Section 1342(b)) that authorizes
Water Pollution Control Act (33 the discharge of pollutants to 14th day of September, 2005.
U.S.C.Section 1251,et seq.)and waters of the United States,
any subsequent amendments whether the permit is applicable on
thereto. an individual, group, or general
area8#8209;wide basis.
Construction Acbjeicity means those means discharge to Disthe storm
activities subject to NPDES means any s to the storm
Construction Permits. e drainage system that is not
Stormwater Phase II permits are composed entirely of stormwater.
required for construction projects Notes ubIic.
resulting in land disturbance of one Person means any individual, Notary
(1) acre or more. Such activities association, organization,
include, but are not limited to, partnership, firm, corporation or
clearing and grubbing, grading, other entity recognized by law and .. f.
excavating,and demolition. acting as either the owner or as the ,
owner's agent.
Hazardous Materials means any ,
material, including any substance, Pollutant means anything which U<
waste, or combination thereof, causes or contributes to pollution. CASE NO.370207 key 19686
Pollutants may include,but are not Discharge Prohibitions. welfare of persons,or to the MS4 at the written or oral request of the
limited to: paints, varnishes, and A.Prohibition of Illegal Discharges. or Waters of the United States. If Authorized Enforcement Agency
solvents; oil and other automotive No person shall discharge, or the violator fails to comply with a and shall not be replaced. The
fluids;non8#8209;hazardous liquid cause to be discharged, into the suspension order issued in an costs of clearing such access shall
and solid wastes and yard wastes; storm drainage system or emergency, the Authorized be borne by the operator.
refuse, rubbish, garbage, litter, or watercourses located within one or Enforcement Agency may take
other discarded or abandoned more of the Service Area such steps as deemed necessary 6.Unreasonable delays in allowing
objects, articles, and Stormwater Utilities created in to prevent or minimize damage to the Authorized Enforcement
accumulations, so that same may Chapter 8 , Article VII, of this the MS4 or Waters of the United Agency access to a permitted
cause or contribute to pollution; Code,any materials,including,but States, or to minimize danger to facility is a violation of a
floatables; pesticides, herbicides, not limited to, pollutants or waters persons. stormwater discharge permit and
and fertilizers; hazardous containing any pollutants that of this Article.A person who is the
substances and wastes; sewage, cause or contribute to a violation of B. Suspension due to the operator of a facility with a NPDES
fecal coliform and pathogens; applicable water quality standards, Detection of Illicit Discharge. Any permit to discharge stormwater
dissolved and particulate metals; other than stormwater. The person discharging to the MS4 in associated with industrial activity
animal wastes; wastes and commencement, conduct or violation of this Article may have commits an offense if the person
residues that result from continuance of any illegal their MS4 access terminated if denies the Authorized Enforcement
constructing a building or structure; discharge to the storm drainage such termination would abate or Agency reasonable access to the
noxious or offensive matter of any system is prohibited except as reduce an illicit discharge. The permitted facility for the purpose of
kind; and any soil, rock, and any described as follows: Authorized Enforcement Agency conducting any activity authorized
type of landscaping. will notify a violator of the proposed or required by this Article.
1. The following discharges are termination of its MS4 access.The
Premises means any building, lot, exempt from discharge prohibitions violator may petition the Authorized 7. If the Authorized Enforcement
parcel of land, or portion of land established by this Article: water Enforcement Agency for a Agency has been refused access
whether improved or unimproved, line flushing or other potable water reconsideration and hearing. to any part of the premises from
including adjacent sidewalks and sources, landscape irrigation or which stormwater is discharged,
parking strips. lawn watering, diverted stream 1.A person commits an offense if and he/she is able to demonstrate
flows, rising ground water,ground the person reinstates MS4 access probable cause to believe that
Storm Drainage System means water infiltration to storm drains, to premises terminated pursuant to there may be a violation of this
publicly8#8209;owned facilities by uncontaminated pumped ground this Section, without the prior Article, or that there is a need to
which stormwater is collected water,foundation or footing drains approval of the Authorized inspect and/or sample as part of a
and/or conveyed,including but not (not including active groundwater Enforcement Agency. routine inspection and sampling
limited to,any roads with drainage dewatering systems),crawl space program designed to verify
systems,municipal streets,gutters, pumps, air conditioning Section 88#8209;98#8209;70. compliance with this Article or any
curbs, inlets, piped storm drains, condensation, springs, industrial or Construction order issued hereunder, or to
pumping facilities, retention and non8#8209;commercial washing of Activity Discharges. protect the overall public health,
detention basins, natural and vehicles,natural riparian habitat or Any person subject to an industrial safety, and welfare of the
human8#8209;made or altered wet‑land flows, swimming or construction activity NPDES community, then the Authorized
drainage channels,reservoirs,and pools (if dechlorinated 8#8209; stormwater discharge permit shall Enforcement Agency may seek
other drainage structures. typically less than one PPM comply with all provisions of such issuance of a search warrant from
chlorine),fire fighting activities,and permit. Proof of compliance with any court of competent jurisdiction.
Stormwater means any surface any other water source not said permit may be required in a
flow, runoff, and drainage containing pollutants, form acceptable to the Authorized Section 88#8209;98#8209;90.
consisting entirely of water from Enforcement Agency prior to the Requirement to Prevent,
any form of natural precipitation, 2. Discharges specified in writing allowing of discharges to the MS4. Control,and Reduce Stormwater
and resulting from such by the Authorized Enforcement Pollutants by the use of Best
precipitation. Agency as being necessary to Section 88#8209;98#8209;80. Management Practices.
protect public health and safety. Monitoring of Discharges.
Stormwater Management Plan A. Applicability. This Section The Authorized Enforcement
(SWMP)means a document which 3. Dye testing is an allowable applies to all facilities that have Agency will adopt requirements
describes the Best Management discharge,but requires notification stormwater discharges associated identifying Best Management
Practices and activities to be to the Authorized Enforcement with industrial activity, including Practices for any activity,
implemented by a person or Agency prior to the time of the test. construction activity. operation, or facility which may
business to identify sources of cause or contribute to pollution or
pollution or contamination at a site 4.The prohibition shall not apply to B Access to Facilities. contamination of stormwater, the
and the actions to eliminate or any non‑stormwater storm drainage system, or waters
reduce pollutant discharges to discharge permitted under an 1. The Authorized Enforcement of the U.S.The owner or operator
Stormwater, Stormwater NPDES permit, waiver, or waste Agency shall be permitted to enter of a commercial or industrial
Conveyance Systems, and/or discharge order issued to the and inspect facilities subject to establishment shall provide, at
Receiving Waters to the Maximum discharger and administered under regulation under this Article, as their own expense, reasonable
Extent Practicable. the authority of the Federal often as may be necessary, to protection from accidental
Environmental Protection Agency, determine compliance with this discharge of prohibited materials or
Wastewater means any water or provided that the discharger is in Article.If a discharger has security other wastes into the applicable
other liquid, other than full compliance with all measures in force which require municipal storm drainage system
uncontaminated stormwater, requirements of the permit,waiver, proper identification and clearance or watercourses through the use of
discharged from a facility, or order and other applicable laws before entry into its premises,the these structural and
including, but not limited to, and regulations,and provided that discharger shall make the non‑structural BMPs.
portable urinals. written approval has been granted necessary arrangements to allow Further,any person responsible for
for any discharge to the storm access to representatives of the a property or premise,which is,or
Section 88#8209;98#8209;20. drainage system. Authorized Enforcement Agency. may be, the source of an illicit
Applicability. discharge, may be required to
This Article shall apply to all water B.Prohibition of Illicit Connections. 2.Facility operators shall allow the implement, at said person's
entering the storm drainage Authorized Enforcement Agency expense, additional structural and
system located within one or more 1. The construction, use, ready access to all parts of the non8#8209;structural BMPs to
of the Service Area Stormwater maintenance or continued premises for the purposes of prevent the further discharge of
Utilities created in Chapter 8, existence of illicit connections to a inspection, sampling, examination pollutants to the applicable
Article VII, of this Code, and storm drainage system located and copying of records that must municipal separate storm sewer
generated on any developed and within one or more of the Service be kept under the conditions of an system.Compliance with all terms
undeveloped lands unless explicitly Area Stormwater Utilities created NPDES permit to discharge and conditions of a valid NPDES
exempted by the Authorized in Chapter 8, Article VII, of this stormwater, and the performance permit authorizing the discharge of
Enforcement Agency. Code is prohibited. of any additional duties as defined stormwater associated with
by state and federal law. industrial activity, to the extent
Section 88#8209;98#8209;30. 2. This prohibition expressly practicable, shall be deemed
Responsibility for includes, without limitation, illicit 3. The Authorized Enforcement compliance with the provisions of
Administration. connections made in the past, Agency shall have the right to set this Section.These BMPs shall be
The Authorized Enforcement regardless of whether the up on any permitted facility such part of a Stormwater Management
Agency shall administer, connection was permissible under devices as are necessary in the Plan (SWMP) as necessary for
implement, and enforce the law or practices applicable or opinion of the Authorized compliance with requirements of
provisions of this Article, Any prevailing at the time of Enforcement Agency to conduct the NPDES permit.
powers granted or duties imposed connection. monitoring and/or sampling of the
upon the Authorized Enforcement facility's stormwater discharge. Section 8‑98#8209;100.
Agency may be delegated in 3.A person is considered to be in Watercourse Protection.
writing by the Board of County violation of this Article if the person 4. The Authorized Enforcement Every person owning property
Commissioners to persons or connects a line conveying sewage Agency has the right to require the through which a watercourse
entities acting in the beneficial to the MS4, or allows such a discharger to install monitoring passes, or such person's lessee,
interest of,or in the employ of,the connection to continue. equipment as necessary. The shall keep and maintain that part of
agency. facility's sampling and monitoring the watercourse within the property
Section 8‑98#8209;60. equipment shall be maintained at free of trash, debris, excessive
Section 8‑9‑40. Suspension of MS4 Access. all times in a safe and proper vegetation, and other obstacles
ultimate Responsibility. A. Suspension due to Illicit operating condition by the that would pollute,contaminate,or
The standards set forth herein and Discharges in Emergency discharger at its own expense.All significantly retard the flow of water
promulgated pursuant to this Situations. The Authorized devices used to measure through the watercourse. In
Article are minimum standards; Enforcement Agency may,without stormwater flow and quality shall addition,the owner or lessee shall
therefore, this Article does not prior notice, seek the suspension be calibrated to ensure their maintain existing privately owned
intend, nor imply, that compliance of MS4 discharge access to a accuracy. structures within,or adjacent to,a
by any person will ensure that person when such suspension is watercourse, so that such
there will be no contamination, necessary to stop an actual or 5. Any temporary or permanent structures will not become a
pollution, nor unauthorized threatened discharge which obstruction to safe and easy hazard to the use, function, or
discharge of pollutants. presents or may present imminent access to the facility to be physical integrity of the
and substantial danger to the inspected and/or sampled shall be watercourse.
Section 88#8209;9‑50. environment, or to the health or promptly removed by the operator CASE NO.370207 key 19686
Section 8‑9‑110. Section 8‑9‑140. www.cdohe state cc usAva/Permit
Notification of Spills. Violations Deemed a Public aUnit or by calling (303)
Notwithstanding other Nuisance. 6928#8209;3500.
requirements of law, as soon as In addition to the enforcement
any person responsible for a processes and penalties provided, BE IT FURTHER ORDAINED by
facility or operation,or responsible any condition caused or permitted the Board that the Clerk to the
for emergency response for a to exist in violation of any of the Board be,and hereby is, directed
facility or operation has information provisions of this Article is a threat to arrange for Colorado Code
of any known or suspected release to public health, safety, and Publishing to supplement the Weld
of materials which are resulting or welfare, and is declared and County Code with the amendments
may result in illegal discharges or deemed a nuisance, and may be contained herein, to coincide with
pollutants discharging into summarily abated or restored at chapters, articles, divisions,
stormwater, the storm drainage the violators expense, and/or a sections,and sub-sections as they
system,or water of the U.S., said civil action to abate, enjoin, or currently exist within said Code;
person shall take all necessary otherwise compel the cessation of and to resolve any inconsistencies
steps to ensure the discovery, such nuisance may be taken. regarding capitalization, grammar,
containment,and cleanup of such and numbering or placement of
release. In the event of such a Section 88#8209;9‑150. chapters, articles, divisions,
release of hazardous materials Criminal Prosecution. sections,and sub-sections in said
said person shall immediately Any person that has violated or Code.
notify emergency response continues to violate this Article
agencies of the occurrence.In the shall be liable to criminal BE IT FURTHER ORDAINED by
event of a release of prosecution to the fullest extent of the Board if any section,
non8#8209;hazardous materials, the law,and shall be subject to a subsection, paragraph, sentence,
said person shall notify the criminal penalty as authorized clause,or phrase of this Ordinance
Authorized Enforcement Agency in pursuant to Colorado Revised is for any reason held or decided to
person or by phone or facsimile no Statutes, Title 30,Articles 15 and be unconstitutional, such decision
later than the next business day. 35. The Authorized Enforcement shall not affect the validity of the
Notifications in person or by phone Agency may recover all attorneys' remaining portions hereof. The
shall be confirmed by written notice fees, court costs, and other Board of County Commissioners
addressed and mailed to the expenses associated with hereby declares that it would have
Authorized Enforcement Agency enforcement of this Article, enacted this Ordinance in each
within three business days of the including sampling and monitoring and every section, subsection,
phone notice. If the discharge of expenses. paragraph, sentence, clause, and
prohibited materials emanates phrase thereof irrespective of the
from a commercial or industrial Section 8‑98#8209;160. fact that any one or more sections,
establishment, the owner or Remedies Not Exclusive. subsections, paragraphs,
operator of such establishment The remedies listed in this Article sentences, clauses, or phrases
shall also retain an on8#8209;site are not exclusive of any other might be declared to be
written record of the discharge and remedies available under any unconstitutional or invalid.
the actions taken to prevent its applicable federal, state or local
recurrence.Such records shall be law, and it is within the discretion N O T I C E
retained for at least three years. of the Authorized Enforcement
Agency to seek cumulative PURSUANT to the Weld County
Section 88#8209;98#8209;120. remedies. Home Rule Charter, Ordinance
Enforcement. Number 2005-9 published above,
A.Notice of Violation. ARTICLE X was introduced and, on motion
1. Whenever the Authorized Construction Site Stormwater duly made and seconded,
Enforcement Agency finds that a Regulation approved upon first reading on
person has violated a prohibition or Section 8‑108#8209;10. September 7, 2005. A public
failed to meet a requirement of this Permit required. hearing and second reading is
Article, the Authorized At least ten (10)days prior to the scheduled to be held in the
Enforcement Agency may order commencement of construction Chambers of the Board,First Floor
compliance by written notice of activities disturbing at least one(1) Hearing Room, 915 10th Street,
violation to the responsible person. acre of land (or part of a larger Greeley, Colorado 80631, on
Such notice may require, without common plan of development or September 26,2005.All persons in
limitation: sale that will disturb at least one any manner interested in the
a.The performance of monitoring, (1) acre)located in Weld County, reading of said Ordinance are
analyses,and reporting. Colorado, the owner or operator requested to attend and may be
b. The elimination of illicit must apply for and obtain a heard.
connections or discharges. Construction Stormwater General Please contact the Clerk to the
c. That violating discharges, Permit (hereinafter referred to in Board's office at phone (970)
practices, or operations shall this Article as "Stormwater 336-7215, Extension 4225, or fax
cease and desist. Permit"), issued by the Colorado (970)352-0242,prior to the day of
d.The abatement or remediation of Department of Public Health and the hearing if, as the result of a
stormwater pollution or Environment, Water Quality disability, you require reasonable
contamination hazards and the Control Division. The owner or accommodations in order to
restoration of any affected operator must comply with the participate in this hearing.
property. terms and conditions set forth in
e. Payment of a fine to cover the Stormwater Permit until the site Any backup material, exhibits or
administrative and remediation is finally stabilized.The term finally information previously submitted to
costs. stabilized means that all disturbed the Board of County
f. The implementation of source areas have been either built on, Commissioners concerning this
control or treatment BMPs. paved, or a uniform vegetative matter may be examined in the
cover has been established with a office of the Clerk to the Board of
B. If abatement of a violation density of at least seventy (70) County Commissioners,located in
and/or restoration of affected percent of pre8#8209;disturbance the Weld County Centennial
property are required, the notice levels, or equivalent permanent, Center, Third Floor, 915 10th
shall set forth a deadline within physical erosion reduction Street, Greeley, Colorado,
which such remediation or methods have been employed. between the hours of 8:00 a.m.
restoration must be completed. and 5:00 p.m.,Monday thru Friday,
Said notice shall further advise Section 8‑108#8209;20. or may be accessed through the
that, should the violator fail to R‑Factor Waiver. Weld County Web Page
remediate or restore within the As an alternative to applying for (www.co.weld.co.us). E-Mail
established deadline, the and obtaining a Stormwater messages sent to an individual
Authonzed Enforcement Agency Permit,an owner or operator may Commissioner may not be included
may seek the enforcement of the apply for and obtain an in the case file. To ensure
work through injunction or other R8#8209;Factor Waiver, f the inclusion of your E-Mall
legal means, or the work will be construction site will disturb at correspondence into the case
done by a designated least one (1) acre and less than file, please send a copy to
governmental agency or a five (5) acres of land. The charding@co.weid.co.us.
contractor and the expense thereof R8#8209;Factor Waiver allows the
shall be charged to the violator. owner or operator to apply for a SECOND READING: September
waiver from Stormwater Permit 26,2005,at 9:00 a.m.
Section 88#8209;98#8209;130. requirements during a period when THIRD READING: October 17,
Appeal of Notice of Violation. the "R‑Factor," as 2005,at 9:00 a.m.
Any person receiving a Notice of calculated using the BOARD OF COUNTY
Violation may appeal to the Board State‑approved method, is COMMISSIONERS
of County Commissioners the less than five (5). The WELD COUNTY,COLORADO
determination of the Authorized "R8#8209;Factor" is a way to DATED:September 9,2005
Enforcement Agency.The notice of measure erosion potential based PUBLISHED:September 14,2005,
appeal must be received within 14 on the length of the project and in the Fort Lupton Press
days from the date of the Notice of time of year.
Violation. Hearing on the appeal
before the appropriate authority or Section 8‑10‑30.
his/her designee shall take place Information and application
within 15 days from the date of forms.
receipt of the notice of appeal.The Information and application forms
decision of the Board of County for Stormwater Permits or
Commissioners shall be final. R‑Factor Waivers may be
obtained at: CASE NO.370207 key 19686
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