HomeMy WebLinkAbout20030676.tiff PROPOSED
STORM WATER MANAGEMENT PLAN
for
WELD COUNTY
March 10, 2003
ATTACHMENT 9
Application for General Permit
No.COR - 070000
STORM WATER DISCHARGES ASSOCIATED WITH
MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4s)
OF/4A 2003-0676
-1r2- 3 fl2O23'�
WELD COUNTY GOVERNMENT MS4 REPORT
Table of Contents Page Numbers
General Permit Application
Public Education and Outreach 1
Public Participation and Involvement 1 -2
Illicit Discharge Detection and Elimination 2 -4
Construction Site Storm Water Runoff Control 4 -7
Post-construction Storm Water Management in Development
and Redevelopment 7-8
Pollution Prevention/Good Housekeeping for Municipal Operations 8
Charts
Storm Water Phase II Urban Areas
Population by EPA Urban Area
Stormware Hydro Names
Maps
Storm Water Phase II - Erie EPA Urban Area
Storm Water Phase II - Evans EPA Urban Area
Storm Water Phase II -Greeley EPA Urban Area
Storm Water Phase II -LaSalle EPA Urban Area
Storm Water Phase II -Longmont EPA Urban Area
Existing County Regulations
Weld County Chapter 8/Public Works/Storm Water Management Programs
Agreements
Resolution/Town of Erie IGA for Storm Water Management Programs, February 2003
Resolution/City of Evans IGA for Storm Water Management Programs, February 2003
Pending IGA between City of Evans and Town of LaSalle
Resolution/City of Greeley IGA for Storm Water Management Programs, February 2003
Letter of Intent/City of Longmont IGA for Storm Water Management Programs, February 2003
Resolution to Approve City of Longmont Letter of Intent Concerning Storm Water Permit, February 2003
For Agency Use Only
GENERAL PERMIT APPLICATION
C OR- 07__
_ STORMWATER DISCHARGES ASSOCIATED WITH Date Received
Year Month Day
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS (MS4s)
(Permit No. COR-070000) Billing Code: 20 21 22 23
Please print or type. All items must be completed accurately and in their entirety or the application will be deemed
incomplete and processing of the permit will not begin until all information is received. Please refer to the instructions
for information about the required items. An original signature of'the applicant is required.
1. Name and address of the permit applicant:
Agency Name WELD COUNTY GOVERNMENT
Mailing Address 915 10TH STREET
City, State and Zip Code GREELEY, COLORADO 80631
County WELD
Phone Number(07 n ) 151-61 on X1540 Who is applying? Owner 0 Operator ❑
Federal Employer ID#: 8 4 6 0 0 0 1 3
Entity Type: State ❑ County 0 City/Town ❑ Other:
Local Contact(responsible for program implementation) DONALD WARDEN
Title FINANCE DIRECTOR Phone Number (970 ) 353-6400 X4218
Email address(local contact) DWARDEN@CO.WELD.CO.US •
Email address(legally responsible person) N/A
2. Location of the MS4:
Location Description(narrative) FIVE AREAS IDENTIFIED AS 1,154 LOCATIONS LOCATED IN
UNINCORPORATED WELD COUNTY (SEE ENCLOSED MAPS)
3. Location Map/Boundaries:
a. All entities except counties
Location map must be attached showing city,town, or district boundaries and urbanised area(UA)
boundaries,if part(s) of the MS4 is within a UA.
b. Counties only
Location map must be attached showing county boundaries,unincorporated area boundaries within the
county,and urbanized area(UA)boundaries.
4. All named receiving waters(state waters)within the permitted area,including other MS4s:
GREELEY: CACHE LA POUDRE; SHEEP; SOUTH PLATTE; JONES; NORTH BOOMERANG; GREELEY
#3; WEST GRAPEVINE; GRAPEVINE; BOOMERANG; OGILVY; LOVELAND & GREELEY CANAL;PATTERSON
ERIE: COAL CREEK; COTTONWOOD EXTENSION DITCH;LOWER BOULDER DITCH
LONGMONT: UNION RESERVOIR DITCH EVANS: LITTLE THOMPSON RIVER; SOUTH PLATTE
7/02/1s04 -1- RIVER; EVANS TOWN DITCH; UNION DITCH
5. Will another entity perform some portion or all of the six program areas for your MS4?
No❑ Yes ® If Yes,include attachment 9.e.
6. Is this part of a Joint Application? No❑ Yes ELI If Yes, complete and attach Appendix A.
7. Resident population within the permitted area(districts use max. daily user population): 96,4n c
8. Approximate number of square miles in the permitted area: 36.18
9. Attachments. For each of the six stormwater program areas(Public Education and Outreach,Public
Participation and Involvement,Illicit Discharge Detection and Elimination, Construction Site Stormwater
Runoff Control,Post-Construction Stormwater Management,and Pollution Prevention and Good Housekeeping
for Municipal Operation),the following attachments must be included with this application. (See Appendix A
for additional requirements for Joint Applicants.)
a. Program perspective
b. General description of the program area elements
c. Measurable goals for each of the program area components
d. The area of the MS4 in which each program area will be implemented(i.e.,within the urbanized area only or
within the entire jurisdiction)
e. Legal agreement, in cases where another entity will perform one or more program area components on behalf .
of the permittee
10. Stormwater Management Program Certification
"I certify under penalty of law that a complete Stormwater Management Program, as described in the
attachments to this application,has been prepared for my agency. The program areas were prepared with a
system designed to assure that qualified personnel properly gathered and evaluated the information submitted.
Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for
gathering the information,the Stormwater Management Program is,to the best of my knowledge and belief,
true, accur ,and complete. I am aware t there are significant penalties for falsely certifying the completion
of said P am, inclu ' the os 'b' ty f and imprisonment for knowing violations."
Signs of Applicant or Au orized Agent ate gned
LXAytGi cl I/0/trzCr A-tee 1� s'/1ln�S�y4
Name(printed) Title
11. Signature of Applicant(legally responsible person)
"I certify under penalty of law that I have personally examined and am familiar with the information submitted
in this application and all attachments and that,based on my inquiry of those individuals immediately
responsible for obtaining the information,I believe that the information is true,accurate and complete. I am
aware ere are significant penalties for submitting false information,including the possibility of fine or
impris t."
•
CC:IC NILO) 3 '� C�,3
Signature o Applicant / / Date Signed
(- �r�� t< < ? }'/ tiielj t'G r �i�n17nr55 /cr'tt�jis
Name(printed) Title`
r
7/02/MS4 -2-
APPENDIX A-JOINT APPLICATIONS
A. Joint Application-Applicants
List all applicants(use additional pages as needed):
1. (applicant in Item 1,page 1) WPLD C:OTTNTY GOVERNMENT ..
2. CITY OF GREBLEY
3. _ CITY OF LONGMONT
4, TOWN OF LA SALLE *
5, CITY OF EVANS *
6. CITY OF ERIE.
7.
8.
* EVANS AND LA SALLE HAVE A PENDING INTER GOVERNMENTAL AGREEMENT (IGA)
B. Responsible Entity—Table 1
Responsible Entity(use numbers from Item A, above)
Stormwater Program Areas for
Applicant's MS4
1 2 3 4 5 6 7 8
a. Public Education and Outreach •
2 3 S 5 6
b. Public Participation and Involvement 2 3 `i 5 6
c. Illicit Discharge Detection and Elimination 1 d. Construction Site Stormwater Runoff Control
1
e. Post-Construction Stormwater Management
1
f.Pollution Prevention and Good Housekeeping
for Municipal Operations 2 3 5 5 6
g. Other
•
7/02/MS4
-3-
1. Public Education and Outreach
The reduction and elimination of pollutants has long been a goal of Weld-County.
Weld County recognizes the value of a well informed public. Methods employed for
dissemination of materials include the following existing programs: Much of this
elements will be carried out by the partnership communities.
0 Public Process:
Weld County incorporates a full public process in the review of land
development applications and proposals. Public hearings involve the Weld
County Planning Commission, a volunteer citizen commission, and the Board
of County Commissioners, elected by the citizens of Weld County.
❑ Weld County Colorado State University Extension Service: Weld County,
in cooperation with Colorado State University, operates an office dedicated to
providing information and advice about many areas of concern to the general
public. The Extension Service has been utilized to distribute materials, such
as brochures, to the public to raise awareness of soil erosion potential and
general water quality issues.
_ ❑ Brochures: Educational brochures have proven to be very effective in
reaching the general public and are well received. Two brochures are
available which address use of proper erosion control BMP's in the
construction of roads and driveways in the unincorporated areas of the
county.
❑ Website: The Southwest Weld Drainage Authority website has been in place
as a link from the County website for about a month. The site is used to
inform the public of water quality issues in the southwestern corner of the
County, in particular those involving storm water, drainage, overland run-off
surface water various sources causing erosion and flooding. Information is
available to help citizens understand the potential for storm water pollution in
urbanizing settings and to avoid contamination of runoff through use of Best
Management Practices.
Proposed Additions
❑ This element will be carried out through the innovative efforts of
the partnership communities.
2. Public Participation and Involvement
Public involvement is an integral part of the Land use permitting and application
process in Weld County. Referral agencies provide comments on all land use
applications which come under review by the Department of Planning Services. In
addition to the general policies for the public process, certain activities are, or will
be, in place specific to this storm water quality program. These existing or planned
activities/programs are described below.
❑ Public Process: Weld County utilizes a full public process to review and
Weld County Government MS4 Report, page 1
authorize land use activities. Among the concerns of County staff, Planning
- Commission and Board of County Commissioners are issues involving the
protection of storm water quality during pre-construction and post
construction of land development. Enforcement of the MS4 program will
ensure that this standard is met.
Proposed Additions
❑ This element will be carried out through the innovative efforts of
the partnership communities. -
3. Illicit Discharge Detection and Elimination
The reduction and elimination of pollutants has long been a goal of Weld County.
Weld County strongly discourages the illegal discharge or dumping of pollutants into
storm water facilities and associated water bodies. In an effort to develop a
program to detect and eliminate illicit discharges, Weld County will continue to utilize
the existing programs/activities:
❑ Emergency Spill Response: Weld County currently has in place an
emergency spill response program administered by the Weld County
Department of Public Health and Environment and coordinated with the Weld
County Sheriff and local Fire Districts/Departments. A dialog box will be
available on the Weld County Department of Public Health and Environment
website for the public to report accidental spills and discharges. This site will
be monitored for response and clean-up of known and identified discharges.
❑ Recycling Program: Weld County operates a program, Household
Hazardous Waste (HHW) in the City of Greeley and the City of Fort Lupton
for collections and storage of unused household hazardous wastes, such as
paint, solvents, insecticides, cleaning agents, chemicals, oils, automotive
fluids, etcetera. This program encourages the public to utilize the opportunity
to discard unused chemicals and liquids in a safe manner at the facility. The
goal of the Household Hazardous Waste program is to reduce the amount of
hazardous materials entering our county landfills and our waterways.
Through this action, there is a substantial reduction in the potential for
hazardous liquids of being discarded into the public water systems.
Proposed Additions
To reach full compliance with the regulation, Weld County will continue the existing
programs described above and will augment the programs by adding components or
augmenting existing programs as follows:
❑ Stormwater Facilities/Outfall Mapping: Weld County
Weld County will continue activities involved with mapping these facilities
employing GIS, on-site survey's with data collection map production. Maps
will be updated on a regular basis to assure information is current.
Refinement of the template design for the maps will continue so we may
produce consistent and efficient maps. The maps will identify the location of
Weld County Government MS4 Report, page 2
all municipal storm water lines and outfalls, including a hierarchy trunk lines,
storm mains, interceptors and manholes. These maps will be used to aid-in
response to illicit discharge reports by supplying visual information about
location of the discharge and probable path of flow to outfalls.
❑ Illicit Discharge Reporting: The proposed Weld County Department of
Public Health and Environment website will be developed to report
emergency spills. To realize and enact an appropriate response mechanism,
to concerns with possible storm water pollution, and accompanying potential
pollution to State waters, a reporting and response system will be designed to
enable the public to report suspected illicit discharges. Since these calls may
often involve only suspicion of illicit acts, the response system will require an
intermediate investigation by Department of Public Health and Environment
personnel familiar with storm water facilities in the area.
❑ Illicit Discharge Ordinance: Weld County will adopt a regulation, ordinance
or other appropriate means to prohibit illicit discharges to storm water
systems. The ordinance/regulation shall define illicit discharges, define any
applicable exemptions and define appropriate penalties for non-compliance.
❑ Locating, Tracing and Eliminating Discharges: Weld County will develop
appropriate methodology to locate and trace reported illicit discharges to the
source. We will develop effective methods to remove or cause to be removed
the source of all reported or observed discharges.
❑ Website for Storm Water Issues and Reporting: The proposed Weld
County Department of Public Health and Environment website will be
developed as a component to the existing County website to provide an
efficient and effective method for the public to make inquires, express
concerns or obtain information concerning or pertaining to general water
quality concerns, including construction activities. Construction activity
concerns and reporting will be forwarded to the Department of Building
Inspection personnel for investigation and action if appropriate.
Measurable Goals
Stormwater Facilities/ Outfall Mapping: Weld County June 2005
Illicit Discharge Reporting June 2004
Illicit Discharge Ordinance June 2004
Locating, Tracing and Eliminating Discharges June 2005
Website for Storm Water Issues and Reporting June 2004
The Bureau of the Census determines the Urbanized Area (UA) The basic unit for
delineating the UA boundary is the census block. Census blocks are based
Weld County Government M54 Report, page 3
on visible physical boundaries, such as the city block, when possible, or on invisible
political boundaries, when not. Although the full UA definition is complex, the
Bureau of the Census' general definition of a UA, based on population and
population density, is defined as follows:
An urbanized area is a land area comprising one or more
places — central place(s)— and the adjacent densely
settled surrounding area — urban fringe —that together
have a residential population of at least 50,000 and an
overall population density of at least 1,000 people per
square mile.
Areas under the jurisdiction of Weld County Government and local jurisdictions
are delineated on the following maps. All areas identified will participate in the
MS4 regulations.
4. Construction Site Storm Water Runoff Control
This program will be implemented at the time of Building Permit issuance. All
building permits applied for in the defined urban area will undergo a pre-
construction storm water review to control polluted overland flow and-run-off from
the development/ construction site with a land disturbance of greater than or
equal to one acre in area.
❑ The software application utilized by Weld County Department of Building
Inspection (Permits Plus) will be relied upon in conjunction with known
GIS data to identify predefined parcels in the defined urban areas.
Specific site inspections will be conducted to review compliance with
regulatory requirements. Best Management Practices (BMPs) will be
relied upon to determine compliance with the performance based
specifications. For example, preventative measures will be in place to
address drainageways, proper erosion and sediment controls, and
controls for other wastes, on all applicable construction sites over one
acre in area. These existing or planned activities/programs are described
below.
O Existing Weld County regulations as cited in the Weld County Code.
Section 22-1-50.F, Article IV, Environmental Resources,of the Weld
County Code addresses air quality, water quality, noise and waste. The
impacts from proposed land uses on air, water, noise, waste and public
health should be considered. The intent is to maintain or improve these
environmental resources to prevent harm to life, health and property.
Each category of environmental resources includes various goals and
policies expressing the importance of properly managing and conserving
the resource, as well as which mechanisms,will be employed by the
County to do so. Each category has standards established by Federal,
State and County regulations which require evaluation by the Department
Weld County Government MS4 Report, page 4
of Public Health and Environment.
Section 22-1-50, F. Article IV - Environmental Resources: This Article
deals with air quality, water quality, noise and waste. The impacts from
proposed land uses on air, water, noise, waste and public health should
be considered. The intent is to maintain or improve these environmental
resources to prevent harm to life, health and property. Each category of
environmental resources includes various goals and policies expressing
the importance of properly managing and conserving the resource, as well
as which mechanisms will be employed by the County to do so. Each
category has standards established be federal, state and county
regulations which require evaluation by the Department of Public Health
and Environment.
Section 8-4-10. Duty of Users. Persons in the County who are currently
using borrow ditches along County rights-of-way for irrigation runoff and
other uses, whether the consent to such uses was originally given
expressly or implied, may continue such uses if the following conditions
are met:
1. The owner and user are responsible for preventing irrigation
water or other uses from causing silt, other sediment or weeds to
accumulate in the borrow ditches so that proper drainage is not
inhibited.
2. The owner and user are responsible for preventing the blockage
of the borrow ditches and must not alter the direction or rate of flow
in any manner in the borrow ditches.
3. The owner and user are responsible for preventing the irrigation
water and other uses from causing damage to County rights-of-
way.
4. Tail water shall be controlled to prevent erosion and
sedimentation of the borrow ditches.
Section 22-4-30. Water Goals and Policies
1. Application for new development should include provisions for
adequately handling drainage and for controlling surface erosion or
sedimentation within the site itself.
2. The County will strive to maintain Federal Drinking Water
Standards in aquifers which provide drinking water for domestic
and public use.
Weld County Government MS4 Report 5
3. As conditions warrant, applicants proposing unsewered
divisions of land or development shall evaluate the impacts on
groundwater quality.
4. Applications for new development shall consider the installation-
and maintenance of managed and advance treatment septic
systems to prevent potential groundwater pollution.
5. The County will strive to maintain and protect water supply -
conveyances adequate to sustain agricultural land.
6. The County will strive to maintain the quality of all water bodies
as outlined in the State and Federal Water Quality Standards.
7. Storm water collection and treatment should be considered for
all development. The developer will be required to employ best
management practices in the design of all storm water facilities.
8. Irrigation ditches shall not be used as outfall points, unless it is
shown to be without reasonable hazard and/or the ditch company-
provides written acceptance of the storm water.
9. The developer shall incorporate all Flood plain Management
programs and the Master Drainage Plan into the new development
plans. The County adopted the South Weld 1-25 Corridor Master
Drainage Plan in November of 1999 and all storm water designs
within the Tri-Town and Godding drainage basins shall meet the
technical criteria of this report.
Proposed Additions:
❑ Small Construction Site Permitting Program: Weld County government will
follow the procedures advanced by the State to be certified by a Qualified
Local Program, and will institute a permitting program for construction
sites where the area of disturbance is one to five acres in size.
Measurable Goals
All Weld County Parcel identified in Urban Areas (UA) June 2003
Weld County Department of Building Inspection will institute Best June 2003
Management Policies and Procedures to conduct Pre-
Construction inspections
Inspections will be conducted by Weld County Government June 2003
personnel
Weld County Government MS4 Report 6
County enforcement through the Site Plan Review application June 2003
process
Have procedures for site inspection and enforcement of control June 2004
measures - Enforcement Program to regulate site erosion,
sediment and material handling control will be developed.
Possible enforcement control actions include: Violation Hearings,
withholding of Building Permits and Revocation of Building
Permits
Annual Reporting of Inspections by fiscal year January 2004
Develop and Adopt an Urban Storm Drainage Criteria Manual June 2005
Areas under the jurisdiction of Weld County Government, unincorporated Weld County
parcels are delineated on the following maps. All areas identified will participate in the
MS4 regulations.
5. Post-construction Storm Water Management in Development &
Redevelopment
This program area will focus on implementation of a routine inspection,
monitoring and reporting Standard Operating Procedure to assure that post-
construction compliance is attained regarding maintenance of storm water
facilities for improvements installed during construction of land developments.
The goal will be to attain a level of inspection frequency such that facilities are
routinely inspected at least once in a five-year cycle or after occurrence of major
flood events. In addition, a procedure to assure timely response to complaints
from the public regarding suspected non-compliance will be implemented.
❑ Program Perspective: Weld County Government will review for
compliance all development/ construction sites for storm water
compliance one year post construction. Weld County Government will
establish a process and implement procedures to maintain compliance
with the MS4 regulations.
The Post Construction evaluation will review compliance with the Pre-
Construction permit and design criteria. The Post Construction inspection
' will include on-site and off-site storm water regulatory requirements and a
management plan review.
Proposed Additions:
❑ Small Construction Site Permitting Program: Weld County government will
follow the procedures advanced by the State to be certified by a Qualified
Local Program, and will institute a permitting program for construction
sites where the area of disturbance is one to five acres in size.
Weld County Government MS4 Report 7
Measurable Goals
Establish Violation criteria and process review June 2004
Establish Post Construction management criteria June 2005
Develop a County review procedure for multi-agency review June 2004
Develop an Urban Storm Drainage Criteria Manual June 2005
Review current inspection procedures for post-construction June 2005
operation and maintenance of storm water facilities following
development/ re-development
Develop Standard Operating Procedures for Site Plan Review June 2005
and Inspections/ monitoring of storm water facilities for
compliance with MS4 regulations
Areas under the jurisdiction of Weld County Government as pre-defined by parcel data are
delineated on the following maps. All areas identified will participate in the MS4
regulations.
6. Pollution Prevention/Good Housekeeping for Municipal Operations
❑ Erosion Control/Water Quality Requirements for County Projects: It is
currently County policy to incorporate appropriate erosion control BMPs into
design of County administered projects such as road and bridge
improvements. In addition, all pertinent environmental permits are obtained
and all provisions made to meet requirements of any applicable Federal and
State regulations.
Proposed Additions
❑ This element will be carried out through the innovative efforts of
the partnership communities.
Weld County Government MS4 Report 8
Storm Water Phase II Urban Areas 03/06/2003
Urban Area Town Square Miles Acres
Erie
Erie 1.01 643.61
Weld County 0.06 35.92
Erie 1.06 679.53
Evans
Evans 5.06 3,239.09
Garden City 0.00 0.00
Greeley 0.00 1.40
Weld County 2.66 1,702.02
Evans 7.72 4,942.51
Greeley -
Evans 0.00 0.00
Garden City 0.11 70.93
Greeley 21.59 13,818.00
Weld County 3.94 2,523.23
Greeley 25.64 16,412.16
La Salle
La Salle 0.68 432.10
Weld County 0.05 30.74
La Salle 0.72 462.84
Longmont
Longmont 0.61 392.60
Weld County 0.41 264.97
Longmont 1.03 657.57
Grand Total: 36.18 23,154.61
Population by EPA Urban Area 03/06/2003
EPA Urban Area In City Census 2000 Population
Erie
N 0
Y 1,746
Erie 1,746
Evans
N 2,952
Y 9,983
Evans 12,935
Greeley
N 2,139
Y 76,923
Greeley 79,062
LaSalle
N 26
Y 1,846
LaSalle 1,872
Longmont
N rs
Y 12
Longmont 790
Grand Total: 96,405
Stormware Hydro Names
02/25/2003
HYDRO NAME
COAL CREEK
COAL CREEK
COAL CREEK
COAL CREEK COAL CREEK ---�n If
COAL CREEK -e---
COALCREEK
COAL CREEK
COAL
LITTLE THOMPSON RIVER=
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER r
LITTLE THOMPSON RIVER /--",./6_,,,.
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
LITTLE THOMPSON RIVER
SOUTH PLATTE RIVER
SOUTH PLATTE RIVER
SOUTH PLATTE RIVER -
SOUTH PLATTE RIVER
SOUTH PLATTE RIVER /A1
SOUTH PLATTE RIVER
SOUTH PLATTE RIVER i
SOUTH PLATTE RIVER
SOUTH PLATTE RIVER
UNION RESERVOIR D CH' G
UNION RESERVOIR DITCH j,1/44,1UNION RESERVOIR DITCH
1
02/25/2003
DITCHNAM
COTTONWOOD EXTENSION DITCH
COTTONWOOD EXTENSION DITCH
COTTONWOOD EXTENSION DITCH
COTTONWOOD EXTENSION DITCH
COTTONWOOD EXTENSION DITCH
COTTONWOOD EXTENSION DITCH i
COTTONWOOD EXTENSION DITCH I,
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EVANS TOWN DITCH
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LOWER BOULDER DITCH gee
LOWER BOULDER DITCH �-�
LOWER BOULDER DITCH
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1
02/25/2003
DITCHNAM
LOWER BOULDER DITCH
LOWER BOULDER DITCH
LOWER BOULDER DITCH
LOWER BOULDER DITCH
LOWER BOULDER DITCH
LOWER BOULDER DITCH '\:-
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UNION DITCH
UNION DITCH
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UNION DITCH d
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2
03/06/2003
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CACHE LA.POUDRE
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NORTH BOOMERANG EXTENSION
GREELEY NO 3
WEST GRAPEVINE DITCH
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WELD COUNTY
CHAPTER 8
Public Works
ARTICLE VII
Stormwater Management Programs
Sec. 8-7-10. Creation of Service Area Stormwater Utilities and designation of boundaries.
There shall be created municipal stormwater utility service areas lying within the unincorporated
portions of Weld County and adjacent and contiguous to the municipal boundaries of the Town of Erie,
the City of Evans and the Town of La Salle (collectively),the City of Greeley, and the City of Longmont,
Colorado. Such municipalities are referred to in this Article as the "corresponding municipality." The
boundaries of the Erie Service Area Stormwater Utility are identified at Appendix 8-E to this Chapter as
being those areas lying adjacent and contiguous to the municipal boundaries of the Town of Erie. The
boundaries of the Evans/La Salle Service Area Stormwater Utility are identified at Appendix 8-F and
Appendix 8-G to this Chapter as being those areas lying within the unincorporated portions of Weld
County and adjacent and contiguous to the municipal boundaries of the City of Evans and the Town of
La Salle. The boundaries of the Greeley Service Area Stormwater Utility are identified at Appendix 8-H
to this Chapter as lying within the unincorporated portions of Weld County and adjacent and contiguous
to the municipal boundaries of the City of Greeley. The boundaries of the Longmont Service Area
Stormwater Utility are identified at Appendix 8-I to this Chapter as being those areas lying within the
unincorporated portions of Weld County and adjacent and contiguous to the municipal boundaries of the
City of Longmont. Such Service Area Storrnwater Utilities are referred to in this Article as the
"corresponding municipal utility."
Sec. 8-7-20. Efficient use of powers.
It is the objective of the Board of County Commissioners and the governing bodies of the municipalities
listed in Section 8-7-10 of this Code,to make the most efficient use of their powers by jointly implementing
and performing six(6)stormwater management programs,or minimum measures,those being the following:
1) Public education and outreach;
2)Public participation/involvement;
3)Illicit discharge detection and elimination;
4) Construction site stormwater runoff control;
5)Post-construction stormwater management; and
6)Pollution prevention/good housekeeping for municipal operations.
Sec. 8-7-30. Intergovernmental agreements.
Pursuant to Article XIV, Section 18(2)(a)and(b) of the Colorado Constitution, and Sections 29-20-
105 and 29-1-201, C.R.S.,Weld County and the the Town of Erie, the City of Evans and the Town of La
Salle (collectively), the City of Greeley, and the City of Longmont,have entered into,or intend to enter
into, the Intergovernmental Agreements for Joint Enforcement of Stormwater Management Programs, to
develop, implement and perform the stormwater management programs listed in Section 8-7-20 of this
Code.
Div. 2. General Provisions
Sec. 8-7-100. Short title, authority and application.
A. Title. This Article shall be known and may be cited as the "Stormwater Utilities Management
Programs Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt the ordinance codified
herein pursuant to the Colorado Constitution and state statutes.
C. Application. This Article shall apply to all lands within unincorporated portion of Weld County,
within the corresponding municipal utilities listed in Section 8-7-10 of this Code,according to the
boundaries delineated therein.
Sec. 8-7-110. Declaration of purpose.
The Board of County Commissioners of Weld County finds, determines and declares that it is
necessary to provide stormwater facilities for the drainage and control of flood and surface waters within
the corresponding municipal utility created herein,including areas to be subdivided and developed, in
order that storm and surface waters may be properly drained and controlled,pollution may be reduced
and the environment enhanced and that the health,property, safety and welfare of such utilities and their
inhabitants may be safeguarded and protected.
Sec. 8-7-130. Definitions.
The following words,terms and phrases, when used in this Article, shall have the meanings ascribed
to them in this section:
Contaminated water means that water which contains constituents at concentrations which could
cause, directly or indirectly, impairment of human health or the environment and which would not be
present in such concentrations in a natural state. This includes any water contaminated from industrial
processes,land use activities,development or other man-induced practices.
Director means the duly appointed Director of Public Works/Planning of the corresponding
municipality or the designated representative of such Director of Public Works/Planning.
Major Stormwater System means all stormwater facilities identified in the master drainage plan that
facilitate the conveyance of stormwater runoff on a basin-wide or regional basis.
Minor Stormwater System means all stormwater facilities used for the conveyance, control or storage
of storm runoff of local benefit only. These facilities generally direct storm runoff to major stormwater
systems.
Non-Stormwater Runoff means flow arising from man-induced activities including,but not limited to,
industrial processes, domestic irrigation,subdrains, groundwater wells and municipal water supply
systems.
On-site Detention means stormwater detention which is not part of a major stormwater system and
which is sized for the benefit of specified tributary area,part or all of which is being subdivided. Such
on-site detention shall be located within an easement or parcel dedicated to and accepted by the
corresponding municipality for drainage purposes.
Stormwater Facilities means any one(1) or more of various devices used in the collection,treatment
or disposition of storm, flood or surface drainage waters, including manmade structures and natural
watercourses and/or floodplains for the conveyance of runoff, such as detention or retention areas,berms,
swales, improved watercourses, channels,bridges, gulches,streams,rivers, gullies,flumes, culverts,
gutters,pumping stations,pipes, ditches, siphons, catch basins,inlets, and other equipment and
appurtenances and all extensions,improvements,remodeling,additions and alterations thereof; and any
and all rights or interests in such sormwater facilities.
Stormwater Runoff means that part of snowfall, rainfall or other sormwater which is not absorbed,
transpired, evaporated or left in surface depressions, and which then flows controlled or uncontrolled into
a watercourse or body of water.
Subdivider or Developer means any person, firm,partnership,joint venture, association or corporation
who shall participate as owner,promoter, developer or sales agent in the planning,platting, development,
promotion, sale or lease of a subdivision.
Subdivision or Subdivided Land means any parcel of land in the County which is to be used for
condominiums,apartments or any other multiple-dwelling units,unless such land when previously
subdivided was accompanied by a filing which complied with these provisions and with substantially the
same density, or which is divided into two(2) or more parcels, separate interests or interests in common,
unless exempted under the following subsections. Interests shall include any and all interests in the
surface of land but exclude any and all subsurface interests.
a. Which creates parcels of land, such that the land area of each of the parcels, when divided by
the number of interests in any such parcel,results in thirty-five(35) or more acres per interest;
b. Which could be created by any court in the State pursuant to the law of eminent domain, by
operation of law or by order of any court in this State if the Board of County Commissioners is given
timely notice of any such pending action by the court and given opportunity to join as a party in
interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court
order;and,if the Board of County Commissioners does not file an appropriate pleading within twenty
(20) days after receipt of such notice by the court, then such action may proceed before the court;
c. Which is created by a lien,mortgage, deed of trust or any other security instruments;
d. Which is created by a security or unit of interest in any investment trust regulated under the
laws of the State or any other interest in an investment entity;
e. Which creates cemetery lots;
f. Which creates an interest in oil, gas, minerals or water which is severed from the surface
ownership of real property;
g. Which is created by the acquisition of an interest in land in the name of a husband and wife or
other persons in joint tenancy or as tenants in common,and any such interest shall be deemed as only
one(1) interest;
h. Which is created by the combination of contiguous parcels of land into one (1)larger parcel.
If the resulting parcel is less than thirty-five(35)acres in land area,only one(1)interest in said land
shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such land
area, divided by the number of interests in the resulting parcel,must result in thirty-five(35)or more
acres per interest. Easements and rights-of-way shall not be considered interests;
i. Which is created by a contract concerning the sale of land which is contingent upon the
purchaser's obtaining approval to subdivide, pursuant to this Article and any applicable County
regulations,the land which the purchaser is to acquire pursuant to the contract; and
•
j. Which is created by agreement to resolve uncertainty, doubt or conflict regarding a common
boundary. A boundary may be determined and permanently established by written agreement of all
parties affected. The agreement must be signed and acknowledged by each property owner as required
for conveyance of real estate. The agreement must be accompanied by a plat showing the resolution
of the boundary in question. The plat and agreement shall be recorded as an instrument affecting real
estate,and shall be binding upon heirs, successors and assigns.
The Board of County Commissioners may,pursuant to rules and regulations or by ordinance,
exempt from this definition ofthe terms subdivision and subdivided land any division of land if it
determines that such division is not within the purposes of this definition.
Suitable Treatment mean that treatment process authorized by and undertaken pursuant to an
appropriate permit(s)to discharge treated water under the State of Colorado Department of Public Health
and Environments, Colorado Discharge Permit System("CPDS"),and which the Director has approved
the discharge thereof.
Sec. 8-7-140. Administration to be by Director. The administration of the provisions of this Article
is hereby vested in and shall be exercised by the Director,pursuant to the intergovernmental agreements
referred to in Section 8-7-30 of this Code, who may prescribe forms and rules and regulations in
conformity with this Article or for the ascertainment, computation and collection of the fees and charges
imposed in this Article and for the proper administration and enforcement. The Director may delegate
the administration of this Article or any part thereof, subject to the limitations of the Charter and Code to
duly qualified deputies and agents of the Director.
Sec. 8-7-150. Establishment of service area stormwater utilities. Pursuant to the provisions of
C.R.S. §§ 30-20-401, et. seq., and C.R.S. §§ 37-45.1-101, et. seq.,respectively,the Board of County
Commissioners hereby establishes the Erie Service Area Stormwater Utility, Evans/La Salle Service Area
Stormwater Utility, Greeley Service Area Stormwater Utility, and Longmont Service Area Stormwater
Utility, with the following rules applying thereto:
1)The territory to be included in each corresponding municipal utility are delineated in Section
8-7-10 of this Code.
2)Each corresponding municipal utility shall be established as a division within the Department
of Finance and Administration.
3)Each corresponding municipal utility's funds shall be kept separate from all other County
funds.
4)Each corresponding municipal utility shall not receive more than ten per cent of its total
revenue from all state and local governments.
5)The Board of County Commissioners may, from time to time, issue revenue bonds by pledging
the revenues from each corresponding municipal utility, in accordance with C.R.S. §§ 30-20-401, et. seq.,
and C.R.S. §§ 37-45.1-101, et. seq.,respectively.
6)Each corresponding municipal utility shall assess fee in accordance with the fees established
pursuant to Division 3,below.
7)Each corresponding municipal utility has no authority to enter into any contract,or receive any
funds which would impair its status as an enterprise for purpose of Article X, Section 20 of the
Constitution of the State of Colorado.
8)The Board of County Commissioners shall be the governing board of each corresponding
municipal utility.
Div.-3. Fees •
Sec. 8-7-200. Fees--Developments inside corresponding utility. For the purpose of providing storm
sewers, systems and additions to present storm-sewer systems, each builder or developer of an
undeveloped lot or fraction thereof inside the corresponding municipal utility shall pay fees as adopted
by resolution of the Board of County Commissioners of Weld County and collected by the Director,
pursuant to the intergovernmental agreement referred to in Section 8-7-30 of this Code.
Sec. 8-7-210. Stormwater basin fees.
A. After receiving a report from the corresponding municipality on a particular stormwater basin
within its utility,the Board of County Commissioners may establish by resolution, stormwater fees to be
paid by the owners of property in such stormwater basin. Such stormwater fees shall be established in
amounts which will provide sufficient funds,proportionately calculated and assessed,to construct the
facilities which need to be installed in the basin. The amount of the fees assessed against individual
properties and the method of collecting the fees shall be established by the resolution.
B. The County may require the payment of the stormwater basin fees as a condition of issuance of a
full building permit, or if no building permit is required,upon commencement of construction. The
stormwater basin fee shall be payable at any time as determined by the Board of County Commissioners
after the approval of the plat of a subdivision or, in the case of unplatted property,upon the issuance of a
building permit.
C. Any fees not otherwise collected may be collected through special assessments levied in a local
assessment district created pursuant to State law. Such fee shall be established by resolution.
Sec. 8-7-220. Stormwater utility fee.
There is hereby imposed on each and every lot or parcel of land within and upon the owners thereof a
stormwater utility fee as shown in Appendix 8-J for the Erie Service Area Stormwater Utility,Appendix
8-K for the Evans/La Salle Service Area Stormwater Utility, Appendix 8-L to this Article for the Greeley
Service Area Stormwater Utility,and Appendix 8-M for the Longmont Service Area Stormwater Utility.
Such fees are deemed reasonable and necessary to pay for the operation,maintenance, administration and
routine functions of the existing the utility and its corresponding municipality's stormwater facilities and
the operation,maintenance and administration of such future stormwater facilities as may be established
within the utility and its corresponding municipality and to pay for the design,right-of-way acquisition
and construction or reconstruction of major and minor stormwater facilities to the extent that such costs
have been determined to be the responsibility of developed properties. All of the proceeds of such fees
are deemed to be in payment for use of the utility and its corresponding municipality's stormwater
system by the real property on and with respect to which the charge is imposed on the owners.
Sec. 8-7-230. Reestablishment of stormwater fees.
The Board of County Commissioners may,by resolution, change the amount of the corresponding
municipal utility or basin fees for a stormwater basin based upon revised estimates of the cost of
installing facilities in the basin. Any change in the amount of the stormwater basin fee shall be effective
only as to properties in a stormwater basin which have not paid in full the stormwater basin fee assessed
against the property. After collection of the stormwater basin fee is'completed as to particular property,
the amount of the fee shall not be increased.
Sec. 8-7-240. Billing for stormwater utility fee.
The corresponding municipal utility fee shall be billed and collected with the regularly scheduled
utility bill for those lots or parcels of land within the corresponding municipal utility,billed and collected
separately as stormwater utility fees for those lots or parcels of land and owners thereof not utilizing
other utilities of the corresponding municipality. All such bills for stormwater utility fees shall be
rendered with the regularly scheduled utility bill by the corresponding municipality and shall become due
and payable in accordance with the rules and regulations of the corresponding municipality pertaining to
the collection of utility fees. The corresponding municipality shall place all such fees collected into its
storm drainage fund to be deposited and separately kept as a fund to be used only for the purposes stated
herein.
Sec. 8-7-260. Certain properties exempt from stormwater utility fee.
The corresponding municipal utility fee shall not be collected in connection with any County street,
road or alley, or any railroad right-of-way used exclusively for trackage and related safety appurtenances. .
Sec. 8-7-270. Enforcement.
Any charge due hereunder which shall not be paid when due may be recovered in an action at law. In
addition to any other remedies or penalties provided by this Article or the Code, failure of any user of
corresponding municipality's utilities within its utility boundaries to pay the charges promptly when due
shall subject such user to discontinuance of such utility services and the corresponding municipality is
hereby empowered and directed to enforce this provision as to any and all delinquent users. The
employees of the corresponding municipality shall, at all reasonable times, have access to any premises
served by the corresponding municipality for inspection,repair or the enforcement of the provisions of
this Article.
• Sec. 8-7-280. Unpaid charges to be a lien.
All fees made pursuant to this Article shall be a lien upon the property to which such fee is associated
from the date the fee becomes due until such fee is paid. The owner of record of every building,
premises, lot or house shall be obligated to pay the fee for all service provided for the premises which
obligation may be enforced by the County by action at law or suit to enforce the lien. In the case that a
tenant in possession of any premises or buildings shall pay the charges, it shall relieve the landowner
from such obligation and lien but the County shall not be required to look to any person whatsoever other
than the owner for the payment of such charges. No changes of ownership or occupation shall affect the
application of this Article and the failure of any owner to learn that he or she purchased property against
which a lien for corresponding municipal utility fees exists shall in no way affect the responsibility for
such payment. My delinquent amount may be enforced by assessment upon the property and premises
served and certification to the County Treasurer for collection pursuant to State law.
Sec. 8-7-290. Additional fees authorized when. •
Sections 8-7-200 and 8-7-210 of this Code establish the basic drainage fees for all undeveloped areas
within the corresponding municipal utility. The Board of County Commissioners may,by resolution,
determine, as each subdivision or area is formed within the corresponding municipal utility, that
additional fees,if any,shall be charged over and above the fees stated in this Article, which shall be
based upon the actual or estimated increase costs above such stated fees in the drainage requirements for
the district or area and/or upon the existing overall drainage system.,
Sec. 8-7-300. Appeals.
Any owner who disputes the amount of the corresponding municipal utility fee or the stormwater
basin fee made against such owner's property or who disputes any determination made by or on behalf of
the corresponding municipal utility pursuant to and by the authority of this Article may petition the
Board of County Commissioners, in accordance with the appeals process detailed in Section 2-4-10 of
this Code.
Div. 4. Miscellaneous Provisions
Sec. 8-7-400. Disposition of fees and charges.
The fees and charges paid and collected by virtue of this Article shall not be used for general or other
governmental or proprietary purposes of the County, except to pay for the equitable share of the costs of
accounting,management and government thereof. Other than as described above,the fees and charges
shall be used solely to pay for the costs of operation,repair,maintenance, improvements,renewal,
replacement,reconstruction, design,right-of-way acquisition and construction of public stormwater
facilities and costs incidental thereto. If there are amounts in the fund in excess of the amount required
to satisfy the purpose of the fund, the Board of County Commissioners may by ordinance or resolution
authorize the transfer of such excess amount to any other fund of the County.
Sec. 8-7-410. Property owners to provide stormwater facilities.
The Board of County Commissioners further fmds, determines and declares under all attendant
circumstances that the owners of property within stormwater basins in the corresponding municiapl
utility should provide the stormwater facilities necessary for the drainage and control of flood and
surface waters within stormwater basins and should provide the facilities required to convey such waters
from the stormwater basin to major drainage ways. Therefore,the cost of installing stormwater facilities
in a stormwater basin should be assessed in whole or in part against the lands in the stormwater basin.
The Board of County Commissioners further finds, determines and declares that all real property within a
stormwater basin will be benefited by the installation of stormwater facilities within the basin since the
development of elevated lands increases the runoff of stormwater from such lands causing increased
amounts of stormwater to flow onto adjoining lands of lower elevation. The owner of such elevated land
has a duty to prevent such increased runoff from doing damage to other lands, which duty will be met if
adequate stormwater facilities are installed in the stormwater basin. To the extent possible, the charges
assessed against lands in a stormwater basin for construction of stormwater facilities should take into
account the amount of stormwater which will run off such lands after they have been developed.
Sec. 8-7-420. Establishment of stormwater basins.
The stormwater map which is on file with the corresponding municipality delineating the boundaries
of the stormwater basin in its corresponding municipal utility and in the corresponding municipality be,
and hereby is, adopted. Such map may also indicate existing development of properties within the basin,
zoning of properties and such other information as may be determined to be advisable. Such map be, and
hereby is, the official designation of the respective stormwater basins of the corresponding municipal
utility,but such map may be revised from time to time to conform with existing conditions.
Sec. 8-7-430. Comprehensive study.
A. The corresponding municipality's most current comprehensive drainage study is hereby adopted
by reference and declared to be a part of this Article.
B. The comprehensive drainage study is on file in the office of the city clerk of the corresponding
municipality. The corresponding municipality may adopt additional master drainage plans by reference
and declare them to be a part of this Article and copies of such master drainage plans shall be on file in
the office of said city clerk. The plans may be modified by the Director, for the sole purpose of
enhancing such plan,provided that such enhancement does not diminish the general purpose and specific
objectives of the adopted plan and does not diminish the ability of the plan to address the disposition of
stormwater runoff in the applicable basin, and if modified, the modifications shall be filed in the office of
the city clerk of the corresponding municipality.
Sec. 8-7-440. Stormwater facilities required for divisions of land.
Prior to the final approval of the plat of any subdivision, or prior to commencement of construction
upon any lot or parcel of land for which a drainage report and construction plan for the installation of
stormwater facilities has not been prepared and approved by the Director,the owners of the property
being subdivided or upon which construction is being commenced shall, at such owner's cost, prepare a
detailed drainage report and construction plans for the installation of all stormwater facilities required for
such subdivision or lot, including any off-site facilities required to convey stormwater to existing drains,
channels, streams, detention ponds or to other points,all in conformity with the comprehensive drainage
study of the corresponding municipality. The Director shall review such reports,plans and cost
estimates, and after approval of the same, the plat of the subdivision or the building permit, if applicable,
may be approved subject to the County's being furnished with acceptable assurance that such facilities
will be constructed and installed as indicated approved.
Sec. 8-7-450. County to maintain stormwater facilities; exception.
The corresponding municipality shall maintain all accepted public stormwater facilities located within
the corresponding municipality's-owned land,its rights-of-way and easements and may maintain other
accepted public stormwater facilities located within or adjacent to the corresponding municipality. The
County shall maintain all accepted public stormwater facilities located within County-owned land,
County rights-of-way and County easements. Such public facilities include those facilities which have
been designed and constructed expressly for use by the general public. Such public stormwater facilities
do not include facilities not accepted by the corresponding municipality or County for maintenance. For
purposes of this section"for use by the general public"means direct use and benefit of the general
public.
Sec. 8-1-460. Flood insurance.
Floods from stormwater runoff may occasionally occur which exceed the capacity of stormwater
facilities constructed and maintained by funds available for the corresponding municipal utility. The
provisions of this Article to not imply that property liable for the fees and charges established pursuant to
this Article will always be free from stormwater flooding or flood damage. The provisions of this Article
do not purport to reduce the need or the necessity for the owner obtaining flood insurance.
03/04/2003 16:28 3039262706 TOWN OF ERIE PAGE 02
RESOLUTION 03.18
A RESOLUTION APPROVING AN INGOVERNMENTAL AGREEMENT BETWEEN WELD
COUNTY,AND THE TOWN OF ERIE REGARDING JOINT ENFORCEMENT OF STORMWATER
MANAGEMENT PROGRAMS -
WHEREAS,The Erie Board of Trustees has the authority to enter into agreements to manage the
needs of the Town; and
WHEREAS,The Board of Trustees agrees it would be beneficial to both jurisdictions and the
citizens to enter into an Intergovernmental Agreement(IGA)with Weld County regarding the joint
enforcement of storm water management programs, moreover defining the allocation of
responsibilities of both Agencies.
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ERIE, COLORADO,AS FOLLOWS:
Section 1. The attached IGA is hereby approved.
Section 2. The Mayor and Town Clerk are hereby authorized to sign and attest the
attached agreement.
INTODUCED,APPROVED AND ADOPTED THIS 25Th DAY OF FEBRUARY, 2003.
TOWN OF ERIE, a Colorado municipal
corpor on a
Barbara Connors, Mayor
ATTESS' :
By:), ddithati,„
Teresa G.Andrews, Town Clerk
•
a
03/04/2003 16:29 3039262706 TOWN OF ERIE PAGE 03
INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
STORMWATER MANAGEMENT PROGRAMS
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
, 2003, by and between the Town of Erie, a municipal corporation of the State of
Colorado,by and through its Town Board of Trustees,hereinafter referred to as"Town,"with offices
- located at 645 Holbrook,Erie,Colorado 80516,and the County of Weld,State of Colorado,by and
through the Board of County Commissioners of Weld County,Colorado,hereinafter referred to as
"County,"with offices located at 915 Tenth Street, Greeley, Colorado 80631.
WITNESSETH:
WHEREAS, regulations under the Federal Clean Water Act ( 40 CFR 122.26) ("the
Stormwater Regulation") requires that stormwater discharged from certain types of facilities be
authorized under stormwater permits, and
WHEREAS, the goal of the Stormwater Regulation is to reduce the amount of pollutants
_ entering streams,lakes, and rivers as a result of runoff from residential,commercial,and industrial
areas, and
WHEREAS, Phase I of the Stormwater Regulation covers urbanized areas over 100,000
population, and Phase II covers smaller urbanized areas, and
WHEREAS, in Colorado, stormwater discharge permits are issued by the Colorado
Department of Public Health and Environment,Water Quality Control Division(the"Division"),and
such permits are part of the Colorado Discharge Permit System("CDPS"),under"Regulation 61,"
• with the Phase II municipal separate storm sewer systems("MS4") being covered under a general
permit for discharges from MS4's, and
WHEREAS, pursuant to the Division's regulations, the main requirement of this general
permit will be for the MS4 operator to develop and implement six stormwater management
programs, or minimum measures, those being the following:
1) Public education and outreach
2)Public participation/involvement
3) Illicit discharge detection and elimination
4) Construction site stormwater runoff control
5)Post-construction stormwater management
6) Pollution prevention/good housekeeping for municipal operations, and
WHEREAS,pursuant to the Division's regulations,two or more jurisdictions may submit a
joint application for a stormwater permit that specifies which entity will perform which program
areas or sections of programs,and
03/04/2003 16:28 3039262706 TOWN OF ERIE PAGE 04
WHEREAS, a designated urbanized area of unincorporated Weld County ("Designated
Area") is either adjacent to or exists as enclaves of the Town in the same drainage basin, such area
being depicted on the attached map which is referred to herein as "Exhibit A,"and
WHEREAS,Town and County agree that it would be beneficial to both jurisdictions and the
citizens to enter into this Intergovernmental Agreement so that the Town will be responsible for and
perform stormwater programs one(1),two(2)and three(3)specified above in the Designated Area,
County will perform stormwater programs four(4),five(5)and six(6)within unincorporated Weld
County, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM.
The term of this Intergovernmental Agreement shall be from the date first written above to
and until a date one(1)year thereafter,with such Intergovernmental Agreement to continue
automatically for successive one (1) year periods thereafter, unless sooner terminated by
either party providing one-hundred eighty(180)days prior written notice to the other party of
its desire to terminate this Intergovernmental Agreement. In the event the Division requires
this Intergovernmental Agreement to be in effect until a certain expiration date of the permit,
then that date shall supercede the above agreed upon expiration date between the two entities.
2. TOWN AGREES. •
a. To be responsible for and perform for the County the three (3) stormwater
management programs specified above in the Designated Area, Town is hereby
delegated by County the authority to enforce and carry out the County adopted
stormwater regulations referred to in Paragraph 3.a.,below,in order to execute and
implement the three (3) stormwater management programs within the Designated
Area.
b. To enact those stormwater regulations necessary to effectuate the three (3)
stormwater management programs specified above within Town's boundaries.
c. To adopt reasonable fees to recoup those expenses incurred by the Town in the
course of performing the three(3)stormwater management programs specified above
within Town's boundaries.
d. To serve as the County's collecting agent for the fees referred to in Paragraph 3.b.,
below. All proceeds from the fees shall be retained by Town as full compensation for
Page 2 of 5 Pages
03/04/2003 16:28 3039262706 TOWN OF ERIE PAGE 05
the management of the programs specified in Paragraph 3, herein.
e. -" To prepare and submit the application for the MS4 operations permit on behalf of
both entities. Work on the permit application process shall commence upon signing
of this Intergovernmental Agreement,and the Town shall be responsible for meeting
all required Division deadlines.
£ That employees performing the duties of Town, as detailed herein, shall be
considered employees of Town only and shall not be entitled to any salary or benefits
from County. Town agrees to provide Unemployment Insurance and Worker's
Compensation Insurance for Town employees while performing such duties. Said
Unemployment Insurance and Worker's Compensation Insurance shall be in the
amount of and of the type made necessary by statutory requirements pursuant to
Colorado Revised Statutes.
g. That all documents created as a result of the duties performed pursuant to this
Intergovernmental Agreement shall be open for inspection in accordance with the
_ requirements of the Colorado Open Records Act, C.R.S. §§ 24-72-201, et. seq.
3. COUNTY AGREES.
a. To enact and revise as necessary stormwater regulations for the Designated Area the
same as the Town's for the ease of administration and to have consistent
requirements for persons covered by such stormwater regulations.
b. To adopt and revise as necessary the same stormwater fee structure as that adopted by
the Town to recoup those expenses incurred by the Town in the course of performing
the three (3) stormwater management programs specified above within the
Designated Area.
c. To provide, without charge to Town, a listing of all properties and their owners
located within the Designated Area in order to facilitate Town's billing for the
stormwater fees. County will provide updates to the property ownership list as
properties change ownership.
d. To cooperate in any way required to agcist Town in the preparation of the MS4
operations application.
e. County currently has only two modular classrooms in the designated Evans area. For
these current operations and any future County operations in the Evans area,County
will assist and cooperate with Town in any required action for the pollution
prevention/good housekeeping for these municipal operations requirements under the
stormwater permit.
Page 3 of 5 Pages
03/04/2003 16:28 3039262706 TOWN OF ERIE PAGE 06
4. HOLD HARMLESS.INDEMNIFY AND DEFEND.
Town hereby voluntarily agrees to hold harmless, indemnify and defend County, its
employees and officers,from any and all claims and liability,past,present or future,for any
injury or damage resulting from the acts or omissions of Town occurring in the course of the
work to be performed by Town pursuant to this Intergovernmental Agreement. County
hereby voluntarily agrees to hold harmless,indemnify and defend Town,its employees and
officers, from any and all claims and liability, past, present or future, for any injury or
damage resulting from challenges to the acts or omissions of County occurring in the course
of the work to be performed by County pursuant to this Intergovernmental Agreement.
5. NOTICE.
The Public Works Directors of each party to this Intergovernmental Agreement shall be the
party's contact for the purposes of this Intergovernmental Agreement.
6. SEVERABILITY. _
If any term or condition of this Intergovernmental Agreement shall be held to be invalid,
illegal,or unenforceable,this Intergovernmental Agreement shall be construed and enforced
without such provision to the extent that this Intergovernmental Agreement is then capable of
execution within the original intent of the parties hereto.
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Intergovernmental Agreement, and all rights of action relating to such enforcement,shall be
strictly reserved to the undersigned parties and nothing in this Intergovernmental Agreement
shall give or allow any claim or right of action whatsoever by any other person not included
in this Intergovernmental Agreement. It is the express intention of the undersigned parties
that any entity other than the undersigned parties receiving services or benefits under this
Intergovernmental Agreement shall be an incidental beneficiary only.
8. MODIFICATION AND BREACH.
This Intergovernmental Agreement contains the entire agreement and understanding between
the parties to this Intergovernmental Agreement and supersedes any other agreements
concerning the subject matter of this transaction, whether oral or written. No modification,
amendment,r..ovation,renewal,or other alteration of or to this Intergovernmental Agreement
ghat'be deemed valid or of any force or effect whatsoever, unless mutually agreed upon in
writing by the undersigned parties. No breath of any turn prevision or clause Or this
Intergovernmental Agreement shall be deemed waived or excused, unless such waiver or
Page 4 of 5 Pages
03/04/2003 16: 28 3039262706 TOWN OF ERIE PAGE 07
consent shall be in writing and signed by the party claimed to have waived or consented.
Any consent by any party hereto, or waiver of, a breach by any other party,whether express
or implied, shall not constitute a consent to, waiver of,or excuse for any other different or
subsequent breach
IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement
this_day of ,2003.
A l FLU
: THE S{QW E Q1 l
By:s\ (z4L. ' By Terry Andrews, Town Clerk/ Barbara Connors,Mayor
APPR VED AS T SUBSTANCE: APPROVED AS TO LEGAL FORM:
C�
By: } - By: Markk L .
N. Acimovic, Town Administrator R. Shap' , wn Attorney
AlLEST: COUNTY OF WELD, STATE OF
COLORADO, by and through the Board of
County Commissioners of Weld County
By: By:
Clerk to the Board David E. Long, Chairman
MAVIpfilesVaParane...honprinqr1*pi
Page 5 of 5 Pages
03/04/2003 16: 28 3039262706
TOWN OF ERIE
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•
•
INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
STORMWATER MANAGEMENT NT PROGRAMS
THIS INTERGO1ERNMENTAL AGREEMENT is made and en ered into
to this
iso Staay of
February, 2003, by and between the City of Evan's, a municipal with offices the Stteat
Colorado,by and through its City Council,hereinafter referred to as
State Colorado,located and
1100 37th Street, Evans, Colorado. 80620, and the County Colorado,atehe of of referred by
to d =
through the Board of County Commissioners of Weld County, Colora 80631.
"County,"with offices located at 915 Tenth Street, Greeley,
WITNESSETH:
• WHEREAS, regulations under the Federal Clean Water Act ( 40 CFR 122.26) ("the
•
Stormwater Regulation") requires that stormwater discharged from certain types of facilities be
authorized under stormwater permits, and
WHEREAS, the goal of the Stormwater Regulation is to reduce the amount of pollutants
entering streams,lakes,and rivers as a result of runoff from residential,commercial,and industrial
•
areas, and -
. WHEREAS, Phase I of the.Stormwater Regulation covers urbanized areas over 100,000
.population, and Phase H covers smaller urbanised areas, and
WHEREAS, in Colorado, stormwater discharge permits are issued by the Colorado
Department of Public Health and Environment,Water Quality Control Division(the"Division"),
and such permits are part of the Colorado Discharge Permit System("CDPS"),under Regulation
61," with the Phase II municipal separate storm sewer systems ("MS4") being covered under a
general permit for discharges from MS4's, and ,
, WHEREAS, pursuant to'the Division's regulations, the main requirement of this general •
permit will be for the MS4 operator to develop and implement six
stormwater management
programs, or minimum measures,those being the following:
•
1)Public education and outreach •
` 2)Public participation/involvement
3)Illicit discharge detection and elimination
4) Construction site stormwater runoff control .
5)Post-construction sto;mwater management• operations, and
6)Pollution prevention/good housekeeping for municipal op
WHEREAS,pursuant to the Division's regulations,fwo or more jmisdictipiiswhich
ch program
a joint application for a stormwater permit that specifies which entity will perform
•
areas or sections of programs, and
•
. • Page 1 of 5 Pages
3,044
J i
- WHEREAS, a designated urbanised area of unincorporated Weld. County ("Desginated
Area") is either adjacent to or enclaves of the City in the same drainage basin, such area being
depicted on the attached map which is referred to herein as"Exhibit A," and -_
WHEREAS,City and County agree that it would be beneficial tom h jurisdictions bp responsible and
the
citizens to enter into this Intergovernmental Agreement so that the City
perform the six(6) stormwater programs specified above in the Designated Area, and
WFIEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado . .
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,the parties hereto agree as follows:
•
• 1 TERM •
The term of this Intergovernmental Agreement shall be from the date first,written
above to and until a date one (1) year thereafter, with such Intergovernmental
_Agreement to continue automatically for successive one(1)year periods thereafter,
unless sooner terminated by either party providing one-hundred eighty (180) days
prior written notice to the other party of its desire to terminate this Intergovernmental
Agreement. In the event the Division requires this Intergovernmental Agreement.to
be in effect until a certain expiration date of the permit,theithat date shall supercede
the above agreed upon expiration date between the two entities.
2. GTTY�BS• •
a. To be responsible for and perform for the County,all six (6) stormwater
management programs specified above in.the Designated Area, except for
regulation of construction site stormwater runoff,which shall be performed• •
by the Weld County Building Inspection Department. City is hereby
delegated by County the authority to enforce and cam' out the County
adopted stormwater regulations referred to m Paragraph 3.a.,below,in order
to execute and implement the six (6) stormwater management programs •
within the Designated Area.
.b. To enact those stormwater regulations necessary to effectuate the six (6)
stormwater management programs specified above within City's boundaries.
• c. To adopt reasonable€ees to recoup those expenses incurredbythe City in the
course ofperforming the six(6)storm water management programs specified
• above within City's boundaries.
Page 2 of 5 Pages •
d. To serve as the County's collecting agent for the fees referred to inParagraph
lb., below. All proceeds from the fees shall be retained b City as in full
thll
compensation for the management of the programs sped
Paragraph-
•
e. To prepare and submit the application for the MS4 operations permit on
behalf of both entities. Work on the permit application process shall
commence upon signing of this Intergovernmental Agreement, and the City
shall be responsible for meeting all required Division deadlines.
f. That employees performing the duties of City, as detailed herein, shall be
considered employees of City only and shall not be entitled to any salary or
benefits from County. City agrees to provide Unemployment Insurance and
Worker's Compensation Insurance for City employees whileperforming such
duties. Said Unemployment Insurance and Worker's Compensation
Insurance shall be in the amount of and of the type made necessary by
statutory requirements pursuant to Colorado Revised Statutes.
g - That all documents createdas a result of the duties performedpursuant to this• Intergovernmental Agreement shallbe open for inspection in accordance with
the requirements of the Colorado Open Records Act; C.R.S. §§ 24-72-201,• • et. seq. . •
.3. COUNTY AGREES. •
•
a. To enact and revise as necessary stormwater regulations for the Designated
Area the same as the City's for the ease of.administration and to have
• consistent requirements for persons covered by such stormwater regulations.
b. To adopt and revise as necessary the same stormwater fee structure hat
adoped by the City to recoup'those expenses incurred by the City
sp the
ecified course ofperformingthe six(6)stormwater management programs
above within the Designated Area.
c. To provide,without charge to City,a listing of all properties and their owners
located within the Designated Area in order to facilitate City's billing the
stormwater fees. County will provide updates to the property ownersip
as properties change ownership.
d. To cooperate in any.wayrequired to assist City in the preparation of the MS4
operations application.
e. County currently has only two modular classrooms in the designated Evans
Page 3 of 5 Pages
area. Far these current operations and any future County operations in the
Evans area,County will assist and cooperate with City in any required action
for the pollution prevention/good housekeeping for these municipal
operations requirements under the stormwater permit. : -_
4. HOW HARMLESS,INDEMNIFY AND DEFEND.
__ City hereby voluntarily agrees to hold harmless, indemnify and defend-County, its
employees and officers,from any and all claims and liability,past,present or future,
for any injury or damage resulting from.the acts or omissions of City occurring in the
course of the work to be performed by City pursuant to this Intergovernmental
Agreement. County hereby voluntarily agrees to hold harmless, indemnify and
defend City, its employees and officers,from any and all claims and liability, past,
present or future, for any injury or damage resulting from challenges to the acts or
omissions of County occurring in the course of the work to be performed by County
pursuant to this Intergovernmental Agreement.
5. NOTICE.
The Public Works Directors of each party to this Intergovernmental Agreement shall
be the party's contact for the purposes of this Intergovernmental Agreement.
4. SEVERABILITY.
If any term or condition of this Intergovernmental Agreement shall be held to be •
invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be
construed and enforced without such provision- to the extent that this
Intergovernmental Agreement is then capable of execution within the original intent
of the parties hereto. •
5. • 0 THIRD PARTY BENEFICIARY ENFORCEMENT.
It is eapsessly understood and agreed that the enforcement of the of action relati and
ng d
conditions of this Intergovernmental Agreement, and all rights
such enforcement, shall be strictly reserved to the undersigned pies and nothing
in this Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Inteigovermnental Agreement:
It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
Page 4 of 5 Pages '
6. MODIFICATION AND BREACH.
_ This Intergovernmental Agreement contains the entire agreement and and st ing
between the parties to this Intergovernmental Agreement and sup any other
agreements concerning the subject matter of this transaction,whether oral or-written.
No modification, amendment, novation, renewal, or other alteration of or to this
_ Intergovernmental Agreement shall be deemed valid or of any force or effect
whatsoever,unless mutually agreed upon in writing by the undersigned parties. No
breach of any term,provision, or clause of this Intergovernmental Agreement shall
be deemed waived or excused,unless such waiver or consent shall be writing and
signed by the party claimed to have waived or consented. Any consent
press e t by party
hereto, or waiver of, a breach by any other party,whether different or subsequent
or implied,
shall
not constitute a consent to,waiver of,or excuse for any other
breach.
IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement
this12 dayof 2ebruarv, 2003.
ATTEST: THE CITY OF EVANS
BY: 1( Kt' B�Sherry by, ayor
KimBetz,.City Cl
APPROVED AS TO SUBSTANCE: • APPROVED AS TO LEGAL FORM:
a BY: .. , By: / aft
s��... Attorney
ce.Eis• •a > -• Manager Russ Anson, City Y
•
1IA! k+`� COUNTY OF ' WELD, STATE OF
ATTEST: Lmtmt �� COLORADO, by and through the Board of• �1 i�t ! �= � County Commissioners of Weld County
By: , .e, ., -• ==-�>
Deputy Clerk to the Board r. .pavid E. Long, Chair (0 / /2003)
• cAv/IND0wSmari 6wPM ammwinsto mw+wmpd •
•
• Page 5 of 5 Pages
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---• Greeley-Evans Stormwater Phase II Border . ,"^"' �".�:'"".Z ,`:wry'
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eitrillistises.e.
COLORADO
February 7,2003
Mr.Donald D. Warden
Director of Finance and Administration
Weld County
P.O.Box 758
Greeley, CO 80632
Re: Intergovernmental Agreement for Phase II Stormwater Discharge Permit
Dear Don:
Enclosed please find an original Intergovernmental Agreement between the City of Evans
and Weld County. The Agreement has been approved by the Evans City Council at their
meeting on February 4,2003. Upon approval of the Weld County Commissioners,please
return a fully executed copy to me for our files.
I would like to thank you for your cooperation and assistance in developing this
agreement and look forward to implementing this program with your assistance. If you
have any questions,or wish to discuss this further,please call me at 339-5344(ext. 110).
Sincerely,
Earl H. Smith,P.E.
Director of Public Works
Enc.
Pc: Bruce Eisenhauer, City Manager
Martin Howell,City Engineer
1100 37th Street • Evans, Colorado 80620-2036 • (970) 339-5344 • Fax: (970) 330-3472
2003-0420
u.,iurius nu. utf:4J FAX 971.1213415983 TOWN OF LASALLE QJ002
INTERGOVERNMENTALSM'VATER MANAGEMENT P OGR ENFORCEMENT OF
AMS
R
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this day of
,2003,by and between the City of Evans, a municipal corporation of the State of
Colorado, by and through its City Council,hereinafter referred to as"City,"with offices located at
1100 37th Street,Evans,Colorado 80620,and the Town of LaSalle of Weld, State of Colorado,by
and through its Town Council,hereinafter referred to as"Town,"with offices located at 128 North
2nd Street,LaSalle, Colorado 80645.
WITNESSETH:
WHEREAS, regulations under the Federal Clean Water Act (40 CFR 122.26) ("the
Stormwater Regulation") requires that stormwater discharged from certain types of facilities be
authorized under stormwater permits, and
WHEREAS, the goal of the Stormwater Regulation is to reduce the amount of pollutants
entering streams,lakes,and rivers as a result of runoff from residential,commercial,and industrial
areas, and
WHEREAS, Phase T of the Stormwater Regulation covers urbanized areas ova 100,000
population, and Phase II covers smaller urbanized areas,and
WHEREAS, in Colorado, stormwater discharge permits are issued by the Colorado
Department of Public Health and Environment,Water Quality Control Division(the"Division"),and
such permits are part of the Colorado Discharge Permit System ("CDPS"),under"Regulation 61,"
with the Phase II municipal separate storm sewer systems("MS4") being covered under a general
permit for discharges from MS4's, and
WHEREAS, pursuant to the Division's regulations, the main requirement of this general
permit will be for the MS4 operator to develop and implement six stormwater management
programs, or minimum measures,those being the following:
1)Public education and outreach
2)Public participation/involvement
3)Illicit discharge detection and elimination
4) Construction site stormwater runoff control
5)Post-construction stormwater management
6)Pollution prevention/good housekeeping for municipal operations, and
WHEREAS,pursuant to the Division's regulations,two or more jurisdictions may submit a
joint application for a stormwater permit that specifies which entity will perform which program
areas or sections of programs, and
WHEREAS, the Town of La Salle has been designated as within the urbanized area of the
County("Designated Area")such area being depicted on the attached map which is referred to herein
as "Exhibit A," and
Pagel of5
U9/07/00 FRI 08:43 FAX 9702846989 TOWN OF LASALLE 009
WHEREAS,City and the Town agree that it would be beneficial to both jurisdictions and the
citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and
perform the six (6) stormwater programs specified above in the Designated Area, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
1. TERM.
The term of this Intergovernmental Agreement shall be from the date first written
above to and until a date one (1) year thereafter, with such Intergovernmental
Agreement to continue automatically for successive one(1)year periods thereafter,
unless sooner terminated by either party providing one-hundred eighty(180) days
prior written notice to the other party of its desire to terminate this Intergovernmental
Agreement. In the event the Division requires this Intergovernmental Agreement to
be in effect until a certain expiration date of the permit,then that date shall supercede
the above agreed upon expiration date between the two entities.
2. CITY AGREES.
a. To be responsible for and perform for La Salle all six (6) stormwater
management programs specified above in the Designated Area, except for
regulation of construction site stormwater runoff and pollution
prevention/good housekeeping for municipal operations, which shall be
performed by the Town of LaSalle. City is hereby delegated by Town the
authority to enforce and carry out the Town adopted stormwater regulations
referred to in Paragraph 3.a_, below, in order to execute and implement the
six(6) stormwater management programs within the Designated Area.
b. To enact those stormwater regulations necessary to effectuate the six (6)
stormwater management programs specified above within City's boundaries.
c. To adopt reasonable fees to recoup those expenses incurred by the City in the
course of performing the six(6)stormwater managementprograms specified
above within City's boundaries.
d. To serve as the Town's collecting agent for the fees referred to in Paragraph
3.b., below. All proceeds from the fees shall be retained by City as full
compensation for the management of the programs specified in this
Paragraph.
Page 2 of 5
03/07/03 FRI 08:43 FAX 9702846983 TOWN OF LASALLE x$1004
e. To prepare and submit the application for the MS4 operations permit on
behalf of both entities. Work on the permit application process shall
commence upon signing of this Intergovernmental Agreement, and the City
shall be responsible for meeting all required Division deadlines.
f. That employees performing the duties of City, as detailed herein, shall be
considered employees of City only and shall not be entitled to any salary or
benefits from Town. City agrees to provide Unemployment Insurance and
Worker's Compensation Insurance for City employees while performing such
duties. Said Unemployment Insurance and Workers Compensation
insurance shall be in the amount of and of the type made necessary by
statutory requirements pursuant to Colorado Revised Statutes.
g. That all documents created as a result of the duties performed pursuant to this
intergovernmental Agreement shall be open for inspection in accordance with
the requirements of the Colorado Open Records Act,C.R.S.§§24-72-201,et.
seq.
3. TOWN AGREES.
a. To enact and revise as necessary stormwater regulations for the Town of La
Salle the same as the City's for the ease of administration and to have
consistent requirements for persons covered by such stormwater regulations.
b. To adopt and revise as necessary the same stormwater fee structure as that
• adopted by the City to recoup those expenses incurred by the City in the
course ofperfornringthe six(6)storntwatermanagement programs specified
above within the Designated Area.
c. To provide,without charge to City,a listing of all properties and their owners
located within the Designated Area in order to facilitate City's billing for the
stormwater fees. La Salle will provide updates to the property ownership list
as properties change ownership.
d. To cooperate in any way required to assist City in the preparation of the MS4
operations application.
4. HOLD HARMLESS,INDEMNIFY AND DEFEND.
City hereby voluntarily agrees to hold harmless, indemnify and defend Town, its
employees and officers,from any and all claims and liability,past,present or future,
for any injury or damage resulting from the acts or omissions of City occurring in the
course of the work to be performed by City pursuant to this Intergovernmental
Agreement. Town hereby voluntarily agrees to bold harmless,indemnify and defend
City,its employees and officers,from any and all claims and liability,past,present or
Page 3 of 5
DAM OF LASALLE (1005
future,for any injury or damage resulting from challenges to the acts or omissions of
Town occurring in the course of the work to be performed by Town pursuant to this
Intergovernmental Agreement.
5. NOTICE.
The Public Works Directors of each party to this Intergovernmental Agreement shall
be the party's contact for the purposes of this Intergovernmental Agreement.
4. SEVERABILITY.
If any term or condition of this Intergovernmental Agreement shall be held to be
invalid, illegal, or unenforceable, this Intergovernmental Agreement shall be
construed and enforced without such provision to the extent that this
Intergovernmental Agreement is then capable of execution within the original intent
of the parties hereto.
5. NO THIRD PARTY BENEFICIARY ENFORCEMENT. -
It is expressly understood and agreed that the enforcement of the terms and
conditions of this Intergovernmental Agreement, and all rights of action relating to
such enforcement,shall be strictly reserved to the undersigned parties and nothing in
this Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental Agreement. It
is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
6. MODIFICATION AND BREACH.
This Intergovernmental Agreement contains the entire agreement and understanding
between the parties to this Intergovernmental Agreement and supersedes any other
agreements concerning the subject matter of this transaction,whether oral or written.
No modification, amendment, notation, renewal, or other alteration of or to this
Intergovernmental Agreement shall be deemed valid or of any force or effect
whatsoever,unless mutually agreed upon in writing by the undersigned parties. No
breach of any term,provision,or clause of this Intergovernmental Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. Any consent by any party
hereto, or waiver o a breach by any other party, whether express or implied, shall
not constitute a consent to,waiver of,or excuse for any other different or subsequent
breach.
Page 4 of 5
RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
STORMWATER MANAGEMENT PROGRAMS AND AUTHORIZE CHAIR TO SIGN -
CITY OF GREELEY
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with an Intergovernmental Agreement for
Joint Enforcement of Stormwater Management Programs between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, and City of
Greeley, with further terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Intergovernmental Agreement for Joint Enforcement of
Stormwater Management Programs between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and City of Greeley be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of February,A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
David E. Long, Chair
Weld County Clerk to the Board
••
Robert D. Masden, Pro-Tern
BY:
Deputy Clerk to the Board
M. J. Celle
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
William H. Jerke
County Attorney
Glenn Vaad
Date of signature:
2003-0474
ORD#2003-2
INTERGOVERNMENTAL AGREEMENT FOR JOINT ENFORCEMENT OF
STORMWATER MANAGEMENT PROGRAMS
THI INTERGOVERNMENTAL AGREEMENT is made and entered into this 1 day of
2003,by and between the City of Greeley, a municipal corporation of the State of
Colorado,by and through its City Council,hereinafter referred to as"City,"whose address is 1000
lot Street, Greeley, Colorado 80631, and the County of Weld, State of Colorado,by and through
the Board of County Commissioners of Weld County,Colorado,hereinafter referred to as"County,"
whose address is 915 Tenth Street, Greeley, Colorado 80631, for the purpose of granting the City
the responsibility for and the enforcement of Stormwater Management Programs.
WITNESSETH:
WHEREAS, one of the regulations under the Federal Clean Water Act (40 CFR 12226)
("the Stormwater Regulation")requires that stormwater discharged from certain types of facilities
be authorized under stormwater permits, and ,
WHEREAS, the goal of the Stonnwater Regulation is to reduce the amount of pollutants
entering streams, lakes, and rivers as a result of runoff from residential, commercial, and industrial
areas,and
WHEREAS, Phase I of the Stormwater Regulation covers urbanized areas over 100,000
population, and Phase II covers smaller urbanized areas, and
WHEREAS, in Colorado •stormwater discharge permits are issued by the Colorado
Department ofPublic Health and Environment,Water Quality Control Division(the"Division"),and
such permits are part of the Colorado Discharge Permit System("CDPS"),under"Regulation 61,"
with the Phase II municipal separate stonn sewer systems("MS4") being covered under a general
permit for discharges from MS4's, and
WHEREAS, pursuant to the Division's regulations, the main requirement of this general
permit will be for the MS4 operator to develop and implement six stormwater management programs,
or minimum measures, those being the following:
1)Public education and outreach
2)Public participation/mvolvement
3)Illicit discharge detection and elimination
4) Construction site stormwater runoff control
5)Post-construction stormwater management
6)Pollution prevention/good housekeeping for municipal operations, and
WHEREAS, pursuant to the Division's regulations, two or more Phase I and Phase II
urbanized jurisdictions may submit a joint application for a stormwater permit that specifies which
entity will perform which program areas or sections of programs, and
•
WHEREAS, a designated urbanized area of unincorporated Weld County ("Designated
Area") is either adjacent to or surrounded by the City in the same drainage basin, such area being
depicted on the attached map which is referred to herein as"Exhibit A," and
WHEREAS,City and County agree that it would be beneficial to both jurisdictions and their
citizens to enter into this Intergovernmental Agreement so that the City will be responsible for and
perform the six(6) stormwater programs specified above in the Designated Area, and
WHEREAS, such Agreements are authorized by C.R.S. § 29-1-203 and Colorado
Constitution Article XIV, § 18(2)(1).
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND
COVENANTS CONTAINED HEREIN,THE ADEQUACY OF WHICH IS ACKNOWLEDGED
AND AGREED BY AND BETWEEN THE PARTIES, THE PARTIES HERETO AGREE AS
FOLLOWS:
1. TERM.
The term of this Intergovernmental Agreement shall be from the date first written
above to and until a date one (1) year thereafter, with such Intergovernmental
Agreement to continue automatically for successive one(1)year periods thereafter,
unless sooner terminated by either party providing one-hundred eighty (180) days
prior written notice to the other party of its desire to terminate this Intergovernmental
Agreement. In the event the Division requires this Intergovernmental Agreement to
be in effect until a certain expiration date ofthe permit,then that date shall supercede
the above agreed upon expiration date between the two entities.
2. CITY AGREES.
a. To be responsible for and perform for the County all six (6) stormwater
management programs specified above in the Designated Area, except for
regulation of construction site stormwater runoff; which shall be performed
by the Weld County Building Inspection Department.
•
b. •To enact those stormwater regulations necessary to effectuate the six (6)
stormwater management programs specified above within City's boundaries.
c. To adopt reasonable fees to recoup those expenses incurred by the City in the
course ofperforn ing the six(6)stormwater management programs specified
above within City's boundaries.
2
d. To serve as the County's collecting agent for the fees referred to in Paragraph
3.b., below. All proceeds from the fees shall be retained by City as full
compensation for the management ofthe programs specified in this Paragraph.
e. To prepare and submit the application for the MS4 operations permit on
behalf of both entities. Work on the permit application process shall
commence upon signing of this Intergovernmental Agreement, and the City -
shall be responsible for meeting all required Division deadlines.
f. That employees performing the duties of City, as detailed herein, shall be
considered employees of City only and shall not be entitled to any salary or
benefits from County. City agrees to provide Unemployment Insurance and
Worker's Compensation Insurance for City employees while performing such
duties. S aid Unemployment Insurance and Worker's Compensation Insurance
shall be in the amount of and of the type made necessary by statutory
requirements pursuant to Colorado Revised Statutes.
• g. That all documents created as a result of the duties performed pursuant to this
Intergovernmental Agreement shall be open for inspection in accordance with
the requirements of the Colorado Open Records Act, C.R.S. §§ 24-72-201,
et. seq.
3. . COUNTY AGREES.
a. To enact and revise as necessary stormwater regulations for the Designated
Area identical to the City's regulations for the ease of administration and to
have consistent requirements for persons covered by such stormwater
regulations.
b. To adopt an identical stormwater fee structure as that adopted by the City to •
recoup those expenses incurred by the City in the course of performing the six
(6)stormwater management programs specified above within the Designated
Area.
4. To provide,without charge to City,a listing of all properties and their owners
located within the Designated Area in order to facilitate City's billing for the
stormwater fees. County will provide updates to the property ownership list
as properties change ownership.
d. To cooperate in any way required to assist City in the preparation ofthe MS4
operations application.
3
e. County currently has municipal operations lathe designated Greeley area. For
these current operations and any future County operations in the Greeley area,
County will assist and cooperate with City in any required action for the
pollution prevention/good housekeeping for these municipal operations
requirements under the stormwater permit.
f. To submit to the police power and jurisdiction of the City for the limited
purpose of enforcing City rules, regulations and ordinances regarding
Stormwater Regulation and Permits.
g. To delegate the responsibility for collection of stormwater fees to the City and
authorize retention of all fees by the City as and for adequate compensation
for the City's responsibilities contained herein.
h. City is hereby delegated by County the authority to enforce and carry out the
County adopted stormwater regulations referred to in Paragraph 3.a.,below,
in order to execute and implement the six (6) stormwater management
programs within the Designated Area.
4. HOLD HARMLESS.INDEMNIFY AND DEFEND:
City hereby voluntarily agrees to hold harmless, indemnify and defend County, its
employees and officers, from any and all claims and liability;fast,present or future,
for any injury or damage resulting from the acts or omissions of City occurring in the
course of the work to be performed by City pursuant to this Intergovernmental
Agreement. County hereby voluntarily agrees to hold harmless,indemnify and defend
City,its employees and officers,from-any and all claims and liability,past,present or
future,for any injury or damage resulting from challenges to the acts or omissions of
County occurring in the course of the work to be performed by County pursuant to
this Intergovernmental Agreement.
5. NOTICE.
The Public Works Directors of each party to this Intergovernmental Agreement shall
be the party's contact for the purposes of this Intergovernmental Agreement.
•
6. SE'VERABILITY.
If any term or condition of this Intergovernmental Agreement shall be held to be
invalid,illegal,or unenforceable,this Intergovernmental Agreement shall be construed
and enforced without such provision to the extent that this Intergovernmental
Agreement is then capable of execution within the original intent of the parties hereto.
4
7. NO THIRD PARTY BENEFICIARY ENFORCEMENT.
It is expressly understood and agreed that the enforcement ofthe terms and conditions
of this Intergovernmental Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties and nothing in this
Intergovernmental Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Intergovernmental Agreement.
- It is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Intergovernmental
Agreement shall be an incidental beneficiary only.
8. MODIFICATION AND BREACH.
This Intergovernmental Agreement contains the entire agreement and understanding
between the parties to this Intergovernmental Agreement and supersedes any other
agreements concerning the subject matter of this transaction,whether oral or written.
• No modification, amendment, novation, renewal, or other alteration of or to this
Intergovernmental Agreement shall be deemed valid or of any force or effect
whatsoever,unless mutually agreed upon in writing by the undersigned parties. No
breach of any term,provision,or clause ofthis Intergovernmental Agreement shall be
deemed waived or excused, unless such waiver or consent shall be in writing and
signed by the party claimed to have waived or consented. Any consent by any party
hereto, or waiver oi; a breach by any other party, whether express or implied,shall
not constitute a consent to,waiver of or excuse for any other different or subsequent
breach.
IN WITNESS WHEREOF,the parties hereto have signed this Intergovernmental Agreement
this?day of nar.l.) 2003.
THE CITY OF GREELEY COUNTY OF WELD, STATE OF
WthAte
COLORADO,by and through the Board of
County Commissioners of Weld County
0' e.3► .Cer d �' Chairman
7�1i9 ity C1.0 ISA keel
b: r; '� `tike.
M:,
5
APPROVED AS TO.SUB STANC : ATTEST tut l " �
By: By: ni.l�:f //L:.,:•a :�
City ager er to the :oar
APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM:
Bs, jrn y:
City Attorney Co orne
AS TO AVAILABILITY OF FUNDS: AS TO AV ABILITY OF S:
By: B .
PPPulance Direct Treasurer
RECOMMENDED BY: -
By: G�
Director of Public Works
D:Wy DomeatAWalPeduSS1ORM WATEMIGA•Camty-F-212 03.wpd
6
RESOLUTION
RE: APPROVE LETTER OF INTENT CONCERNING PHASE II STORMWATER PERMIT
AND AUTHORIZE CHAIR TO SIGN -CITY OF LONGMONT
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Letter of Intent Concerning the
Phase II Stormwater Permit between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County,and the City of Longmont,with terms and
conditions being as stated in said Letter of Intent, and
WHEREAS,after review, the Board deems it advisable to approve said Letter of Intent,
a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Letter of Intent Concerning the Phase II Stormwater Permit
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and the City of Longmont be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Letter of Intent.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of February, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Weld County Clerk to the Board David E. Long, Chair
Robert D. Masden, Pro-Ter
BY:
Deputy Clerk to the Board
M. J. Geile
APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE)
William H.Jerke
County Attorney
Date of signature: Glenn Vaad
2003-0552
BC0033
PUBLIC WORKS
(go OFFJCE OF BOARD OF COMMISSIONERS
FEB: 222W P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE:www.co.weld.co.us
PHONE: 970-336-7204
tO FAX: 970-352-0242
COLORADO Weld County Planning Department
GREELEY OFFICE
February 20, 2003 MAR 5 2003
RECEIVED
The Honorable Julia Pimack
Mayor of Longmont
350 Kimbark Street
Longmont CO 80501
Re: Letter of Intent Concerning Phase II Storm Water Permit
Dear Mayor Pirnack and City Council Members:
Please allow this document to serve as a letter of intent between the Board of Weld County
Commissioners on behalf of Weld County, and the Longmont City Council on behalf of the City of
Longmont to enter into an intergovernmental agreement (IGA) for the City of Longmont to
administer the Phase II Storm Water Discharge Permit on behalf of Weld County for the designated
urbanized area of Weld County adjacent to Longmont. Effective March 10, 2003, all EPA
designated urbanized areas of population over 100,000 must comply with the Phase II Storm Water
regulations of the Federal Clean Water Act.
Weld County has four very small unincorporated areas that have been designated by the EPA
requiring storm water discharge permits. The areas are all part of census tracts adjacent to
municipalities that are part of the larger urbar»ed designated areas. They are adjacent to the cities
of Greeley, Evans, Erie, and Longmont. Due to the small number of parcels impacted, the other
three cities have agreed to the state's suggestion to include the unincorporated Weld County parcels
in their state permit as a joint application. In Longmont's case, there are ten parcels of property in
the unincorporated area of Weld County east of Longmont that must be permitted.
County staff members have been in discussions with City of Longmont staff to arrange an IGA that
would accommodate the permit requirements in the most practical manner. Any costs incurred by
the City of Longmont as a result of permitting and storm water management associated with the ten
parcels in Weld County will be paid by Weld County annually. Under the agreement, Weld County
will do all construction inspections required under the regulations. Based upon the types of
properties that comprise the ten parcels, no illicit discharge is anticipated. However, if any
City of Longmont Page 2 February 20, 2003
enforcement were required to correct illicit discharges, Weld County will do any required
enforcement in the area. The City of Longmont under the agreement will provide the other storm
water management programs required to comply with the Phase II Storm Water regulations of the
Federal Clean Water Act. The area designated will not change until the 2010 census.
This letter of intent shall serve as the conceptual framework for the County of Weld's staff and City
of Longmont's staff to develop a more detailed IGA to accommodate the new Phase II Storm Water
Discharge Permit requirements in the most practical manner beneficial to both entities. The Board
of Weld County Commissioners hopes you agree and will approve this letter of intent being
proposed. Your assistance and cooperation in this and all matters are greatly appreciated.
Very truly yours,
`C c.A/ti (C7q/'
David E. Long, Chair
/
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APPROVED:
mo o , R-O - 1
Julia girnask, Mayor
City of Longmont
cc: Gordon Pedrow
Phil DelVecchio
Clay Douglas
Don Warden
Monica Mika
Bruce Barker
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