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Home My WebLink About20191794.tiffDATE! May 8, 2019 FROM: Lyndsay Holbrook, MS4 Administrator SUBJECT: ORD2019-05 — Chapter 8 Public Works Su ode Chan Chapter 8, Artidd 7 Delete in its entirety - The article describes the MS4 IGAs which are in the process of being terminated. ,o peen �x E Amend with Weld County MS4 Area. Appendices tF-8G Delete — The appendices consist of maps related to the MS4 IGAs. Delete — The appendices consist of stormwater utility fees related to the MS4 IGAs. Ch;4pter 8, rtic2e 9 The article was modified and restructured to include the new MS4 Permit requirements for Construction and Post -Construction. The title of the article was shortened to Municipal Separate Storm Sewer System to combine the requirements for Illicit Discharge and Construction/Post-Construction into one article. Section : -10, Title The name of the article was shortened to Weld County MS4 Stormwater Quality Ordinance. Sect! • n 9-20, s uth rizaU. No significant changes. Section 8-9-30, Puy pY se/r tent The section was expanded to include the new MS4 Permit requirements for Construction and Post -Construction. Sectin z 9-40, pplhc bfflty No significant changes. Wage azoige, / 79 Section - -SO, Deflrlthns Several definitions were added for clarification. One significant change is the use of the term `control measure' instead of `best management practice' or `bmp'. CDPHE has incorporated this term in all of the new CDPS permits. SecUtn ®9- . 0, '11,esponsibility f r Administration The section was modified to ensure administration, enforcement and signatory responsibilities are in compliance with the MS4 Permit. Section 8-9-7 illicit Dlscnar es The section was rearranged for organizational purposes, and the following items were modified; �► Specification of sediment as an illicit discharge due to its common occurrence. ra Modification of `Exemptions' to reflect new MS4 Permit language. Section 8=9= 0, Pre-C�.tnstruction (New) Submittal and review of the following documents prior to the start of construction activity which will disturb one or more acres; Sediment and Erosion Control Plan ® Stormwater Pollution Prevention Plan ® Drainage Report ® Drainage and Access Easements ® Long -Term Operation and Maintenance Plan Sectic;n -9-90, C. nstruction Activity (New) Previous code language required construction activities to be covered under a CDPS Construction Permit (issued by CDPHE) and to implement bmps required under that permit. Construction bmps were enforced through the Grading Permit and MS4 Illicit Discharge Program. However, the new MS4 Permit requires the County to implement a Construction Program and inspect construction sites at a specified frequency. o Routine Inspections every 45 days o Compliance Inspections within 14 days o Indicator Inspections every 14 days (for sites in compliance) o Inactive Site Inspections every 90 days • Exemptions from construction inspections are allowed for sites with an R -Factor waiver (issued by CDPHE). Waivers are issued for small sites undergoing construction during the colder months when runoff is not likely. S ctl n 094 009 Post -Construction (Nrv) es The previous MS4 Permit required the treatment of runoff from developed sites by use of a water quality feature. New MS4 requirements specify allowable design standards for 2IPage water quality features (aka permanent control measures). Compliance with design standards will be verified during Pre -Construction. ® After permanent control measures have been installed, a certified As -Built drawing will be submitted and recorded. • A Post -Construction inspection will be conducted to verify the site and permanent control measure with all submitted documentation. The site will then be accepted. • The permanent control measure will be inspected at least every 5 years to ensure it is being maintained in accordance with the Long -Term Operation and Maintenance Plan. If the volume capacity of the permanent control measure cannot be visually verified, the owner may be required to submit a survey and calculations to verify the volume capacity with the As -Built. ® Exemptions from permanent control measures are allowed by the MS4 Permit. Exemptions will be detailed in the Weld County Engineering and Construction Criteria document. Some common exemptions include pavement management, oil and gas, utilities, and large lot single family sites. Section 8-9410, CDPS Permitted Discharges The title was changed and minor modifications were made for clarification. Section 8-942Access to Premises The title was changed and minor modifications were made for clarification. Section 8-9430, Enforcement Procedures The title was changed for clarification. Also, enforcement procedures were condensed into one section, detailing the levels of violations including informal, formal and emergency suspension. Additionally, recurrent violations may result in fees being assessed. Section 8-9-140, Collection tif Costs The section was modified to include the potential assessment of fees for recurrent violations. Section 8-9450, Enforcement and Penalties for Unabated Violations The title was changed for clarification. Section 8-9-160, Remedies Not Exclusive No change. Secti##n 8-9470, Severabililiny No change. Chapter :, rticle 10 Delete in its entirety - The article describes the requirement for a CDPS Construction Stormwater General Permit. It is required in Article 9 and Article 12 and is therefore redundant. 3IPage Ag perform the sto-r" Pve- P-rograms Bch e Town of La SaI . ; ' id-en-tif la 1 -at- ix 8-G to this C -h a -p F -a a-d-jacent and cen-tig-uous to thunicipal A-II-CLE VI I St e+cnwater-Ma• Division 1 Creation Sec:& --7 10. Cron -ti -en -of Service Area Stormwater Utilities and design- i-on of boundaries. There shall be -created municipa stormwater utility se -r- ce--areas--Ding within the unin orporatec4 portions of V etd-Cou-n-ty -and adjacent and contiguous to the mu-n-ia-be--un rie-s-of the Town of Erie, the City of Evans -and -the Town of -La Salle � -e ,�, � -tom---City of Greeley, Colorado. Such municipaliti-es •a -re -referred to in this -Article as the="cocre-s-ponding municipality." The bou fes of the Erie S -e- o- a S-tsfmw-ate- Util-ity are-ide-n-tifted at Appendix 8 E to this Chapter as beGent-an-di contiguous -t9 the municipal boundari-s-s-e-f Toy of Erie. The _ beu- -d-a-rtes-of the Evans/LaSa Area Stormwator • a�„ r e- ent i-1/4 ppenclix 8 F to this Chapter as ',De: hose are- -i-t- h -e unincorporated -portions of Weld--Cou nty-an-d-- ad jaunt and co -n ti g u -e -us -t i -m i-p u- .. ries of the ae e S e =v -AFea -tem9 fate r Utility---ac--e he u n i n co mo-r ed-po rtio-n s of Wei -Co��-and uri- aries of h City of Greeley. Such S -rN- e- rea-S mw fsr i-1 ie a re-refe-r-Fed-to in this Article as ti c fWe4d-Geirnty Code .Ofd 20-03-2) - Sec. 8-7 20. --Efficient use of powcr-s It -is -the objective of the Board of Cou - n niss-ioncs a -n h fling -bodies of the municipal-iti listed in Section 8_. -10 of - -i--s o e4-- -k-e-thm , , st-e-i=fci-en use of the owers by jointly-i-n -le- n - -g to-F-t-ag-e-me nt oco - s, or m i n i r u m eas u rep ose--be-s g the foptowing: A. Public educatio--n-an B. Public-parti-olio n/i o l-veme-nt tion-and-eti rr ination . D. Const-ruetPo-n te-stormw ter runoff control: E. Post -construction -o-rmwatn-ag-e-Fnent- F. Pollution -prevention ed-housekeeping for municipal operations. Eweld County Sec. 8 7.30. I ntergovemmen Pursflacrticle XIV, Sept -inn- •ra-n -(b) of the Colorado -Constitution, and Section ro G-20-105 and 29 1-201, C.R.S., WI I City of Evans and the Town —of -LaSalle -hie-City of Greeley ha 'e eTnte d into, or intend to en -ter into the Intergovernmental for Joint orcem-en- or-m-wate-r--Manageme-nt Programs, to -develop, implement and r man e _ nen cograms listed in Section 8-7-20 of this Code7 Division 2 General Provision Sec. 8 7 100. Short title, au —the A. Title. This Article -shall be known-a-nd-m i-nance." Eo n7 --y--be-cited-a-s r mrwar U4 -i-ti-e-s-M a g Win- I re-g-ra-m-s B. Authority. The Board -al -County Commissioners -ioners has _ the-a-u-tho-r- pursuan-t-tarelo-rated oast aion and a -statu -: adopt -e-o-rd-i-na d i fled --h, _ rei-n 2019-1794 Application. This Ari-e-s-hali apply to al -1 -1 -ands within u, ncoc e -po- ding-- u°nisipaI utilities list delineated -therein: y e --O- -A4inance 20-03 2) s --of- GTounty, boundaries Sec. 8 7 119. Decla c -- -purpose. --he Board of Cou-nty—G m s-i-oners-fi a tee n b-delta-resthat it is necess-a-ry-to-provide storm -1 a tee- i� i# es for the a-i -a g i control -of flood -and- -941 e waters within the -co rre- id-i-n g municipal utility created--herein,-inclluding areas -to be subd-i-v-Lded anc ceve coed, in order hat storm anc surface waters may be properly drained and eo-n-troIIed, poi-uticnemay be red-hced, the -e -n -vi- a en, a-nced, and the health, property, safety an ,veifa-re ofu- ti-!+ties-and-t-h-eir inhabitants may -be sa`e-g-u-a- e n d protect -BAT (-W&4-County Code Ordinance 2003-2) Sec. 8 7 120. Definition-: The -following words, terms and `w-ra - h -en use this--Saeon 7 ascribed c onfaminated-a, er-;-means t-ate-vva4e-r which cons constituent on ions which could ;tea u se, directly or i -d--i _ restlay,i mpa-i-r- e -n, f -h- '-man h a-lth or the e-nv-i-ro-n-rn e nt a n h ic�� ot-bo present in such co -.n - n-tr-a-t-i-on-s n a -n u a . t- h i!-s-i-n-cl ud es a n -y water co -Mt -a m te-d _ from I -n - t c rocesse -I-a n d use a eit-i- „ e i ap-m-en- or oth or -n -i n d u oed-praot-i -:- Dir Gter-m ` ans t v d ul y-aa poi n to d --D; recto r of Public , rk-s/Planning of the-cor munia-or the-deasig-n-ate-d-representative of such Director of Public Works/Planni Maw stomm etem mean -s -a -U iden t-i•fio " th-e master d rai a e-�l-an- that faciconveyance—Gconveyance-Gf stormoater runoff on a basin- ide-a-a1 bas' -s7. Minor starrnwater system storage--oftr stormwater systems. non- -runoff -l-ow-arisi-► -g--from--m-a tndustrial processes, domestic irrigatio-nubdrains, systems. sate -facilities used for the con-vy-ace, control or en alty-d-i-r- orm runoff -to --m- ; as or s including, but -not limited ter wells and municipal water sue) -e-ans-stermwater detention which is not pa, water -system, and and which is s-L7oc-th-benefit of -a -s- c ifi ry area -part or S' ' b-d-iy-i - :- Such am- _ s-it-a-etention shall be located within an —ease —rent or parcel dedicated to and accepted by the correspond i-ng-m-u nici-pakt fo d ai-n i -e-p-po-se€T Storm - -n e (1) or rno-Le-ofi a 4ou--s-deices used in the collection, ition of storm, flood- orsurface dni-n-a-g-emo te~-- i�uding manmade structures and n-atural watercourses and/orfleed i s _ for the conve-y-a-nee-Gf-wieff, such as de nn-o-r-reton tie n es, improved w-atercourses, channel —s7 —bridges, gulches, streams, rivers, gulliesT utters, p-Sg--st- i p i� itc ham, cat -c -h basins, inlets, other equi-pment--a anee-s—a n d all extension -s i m-p-ro-ve e -e -n is �—r-emod-e n _ g , additions—and- a-ltera-tions thereof; -nd any-and-al-I-ri-g-h-ts-or interests4 soh stormwater facilities- Storm ter run -oaf _ means -that part of snowfall, rai-nfall or other stormwatec-W—n-4Gh is not abs-orbed, anspired, evaporated or lefle-i-n- -u-r-ace-c °pre -s -s -n-s;- -d rich then flows-oentoliec in -o -a w a to rc o u-r&ter-body--ef-vvat-ev Subdivider or -developer means any _ peon, firm, partnership, joint vent- ;—asseoiatien of corporation who sftan-participate a. w-n- evelop-e-r-o-r s al-es-arge -n the p l a rai-n-g,-pta-t-t -n ; de--e-1-o,r�o�t�pTo, o i on , sale or -lease -of -a s ti-bd-i-vis-ion- Subdivision or subdi < d —I S-mea-nrs any parcel of land i, -th-e condominium-s�a-rtm,-e-n4s-or-any other multiple -dwelling units, unless such land when previously subdivided Ala-s--aeeec anied-b' - ding hi-ch cthese-pm-visions and with substantially the same den -sit divided i n tom -{- ire p a rcerests--r -i-n res-ts-i-n c-omm o n , u n- ss e ; under the fo l lowi n S ti n s- ate sts shall i nth-u-y--a-nd a 1 l interests in the surface of-laor all of tie follow--sabsu-rface interests: a. Those -which create -parcels of la -Re, divided by the number o per -interest t the land area of each of th kg -any -such parcel, results in thirty-five (35) or more acres b. Those which could -be created by any court in the -State pursuant to the -law of eminent domain, by operation of-la%court i-n-the State if the Board -of County Commissioners is given timely notice of any such -pen d g n b, ,moo +ve-n- opportu n ity to -join as -a 3a- -an-i t tt-lore issue 0-f - -s-i -prior to-ent f the co u rt- does et --tile an appropriate pleading within--+ the -t u-aetio,--n ay proceedbefore the court. c. Those which -are created by a lien, mortgage, deed e s- d Those which ace --created by a secucity or unit of-i - n e -trust-t-tu-s -r -u-sated under the laws -of -the -State -9r any -other -interest interest in an investment -entity - e. use- f-hich create cemetery lots. d of ys after recei ca by f. T-( e ,w h-ieh-or0a te-a-n kn rest in -oil, gas, neal s- �-e w h i c h is -sever fro , e ` o . e -s face ownership -of reseal pre -p g. ih s -hish are-creed--b-y the st in land in the name of a husband and -wife or other oerso-n-s in joint tenancy or as ten -ants in common, and any such interest shall be deemed as o n -1 n e (1) interest. h Th e-wh-i-oh are crep-ter b-y-combina-ion--of GelltigLIGUS parcels of tan -d- ;to one (1) larger -parcel. If the resu l -ti -n parse 1 i etnan-t# i rty-five (35) acres in l -a bra, only one --(1) interest i-n-said land s era -1 -1 --be-- 1=! ow d . If the -resulting parcel is g remt-e-r ya n th i rte--f-i-ve--( acres in land area, suet --1-a n d area, diiiided-b-y-he-nu-nn e +n -tom is in th e must result in t -h-1 -f--ve--(3-5)-or--amore acres pe-r es---Ea.-sue n t s and e i-g-h-1� P way -s h -,al l - n o t be c o n s i d Bred---te-r Those which are cr-e-at,-by-a-c-ont .te nterning the sale of land -which is con-ti-ng nu-pen the -p ice ;-o - -i-n4ng-app c-�+ ',o subdivide ; ;pis u a -n -t to this . r , Gle- d any -pp-eak County -regulations, thl-a the -p -u rc h a s e 14s -o a ce -p , E u -n t to -the Gent -Fact j . Those-w-h-ic h are o QAed-by-a e , - �e-u-; oe- t , y o u bt or con -fl i-c re . , ,n -g --a common--oou . boundary may be determined and p e Ar to -o- bits -hied -by written - agreement of -all -p-a -i-es-a eted-T-h e agreement must -be -signed and acknowledged by each property owner asqui-red for conveyance of real-estate. The agreement must be accompanied by a plat —ins —the re-si -the boundary in g-uestion-T,he al t -a n-d- a-g-reem t-s-h-aTl-be--recorded as an instrument affecting real estate; a-nd shall be -binding upon -heirs, s u cces --a-n-d-a-ssa - The --Boars of County Commissioners —I ; purs ant ;nom les and re rations or by -ordinance, ex -ern frem this th-karms-subdivision and su ny --clan-o-f-l4nd if it-d-etermi-nes -within the-purpo e o f th i e i-on . -i-i- -b le-tre-a- meat mea n -s -t -h -a -t -treatment process -a _ ut-h -r zed by and under -taken -pursuant to -a - appropriate permit -to disch -rg-e-t, eased --water under -the -State -of Colorado, Dement of Public Health - 1 E o --D ch1 geel mit-S- -tem EC -DP -Si, and which the- pvoiled the- d i-sc-h-a-rg--e-thereof. Sec. 8 .7 130. Administration to be by -Director. The ad -ministration of-he-pca-visions of -this -Article -is -hare -by vested in and shall be exercised -by -the 9rector, p ��su � �e gone-rn- . --D ements refer --red to in Section 8 7-30 of this -Article, _ who may prescribe forms, rules and regulations in conformity with this Article or for the -ascertainment, com�tion and collection of -thy. es --and charges -imposed in this Article and for the proper administration and -en orcement. The Director -may delegate --the the -ad -min - ion of this Article, or any part thereof, subject to the limitations of ar-and mod, to duly qualified deputies -and agents of the Director. fWe14-Count-y Co 2003-2) Sec. 8 7-140. Establishment -e -f -s -e4 i-ce area stormwater utilities. - u-rsu-a o -the provisions of Section 30-20-401, et seq., C. R . ., an -d -Section 37-45.1-101, _ C.R.S., respectively, the Board of County —Commissioners hers-e-stabrhshes tie Erie Se-rv-i-c-e-Area pan-s-ILaSaI I ew-ioe Area Stormwa= r-U-til+t end G rre Bey- fl4Ge Area-Stormwater Utility, with the follow-nY rules applying thereto: T -he -territories to-be-lncluded-i-n-eaoh c - po ing municipal utility--are-el-- in od-i-n Section 8- 7 10 of this Cade. Finance an as a division —i- -t -e--De-p artmen-' --of un al utility's funds shal, bekeptseparate from alb -ounce -tvsds Eb-corre-spondimg ce,A, more than -revenue from all state---n4-local-geve-rn-me-n-t The Board of County Conoriflr ay r^ time to time, issue -rave -Rue -bonds by pledging the revenues from each co-Tres-pe-,nding mu-n1u� da-nc - ith Section 20-401, et Section -3-7-454-101, et seq., C.R.S., respective-lift Each roes-pe i n g mu -in -id -pal utility sh l -a s -- -- -c-o-rdan.. i-fh the fees--esta-b-ti-s4Re-d pursuant -to -Division 3 below - Each -corresponding municipal utilit fur the State Constitution. 4--.s-status to enter into -an -y -contract o -receive an -y poses of Article X, Section 20 of 1=1. The Board of County Commissioners -shall be -the govern e1d County I ode Ordinec 2003-2) Division 3 Fees Sec. 8 7 200. Fees ---d-eaY... e --e pcc-'4d- s4o-r-m-sewers, syste ms- -n4 ad-d-i each -builder oc-developer of an unceve1oped lot, or -fraction thereof, municipal v fees as adopted by resol- r of the Board of County Commissione Director, pursuant to the in1erge- sY nmentol ag-ree-rnen e er-r-ed-to in -Section 8-7-30 of this Cede (-Weld-Gou dinancc 2003 2) orm sewer--system-s, Sec. 8-7 210. Stormwater basin -fees. A. _ -Aft ei-e Mn-g a report -from the correspo-n-d�n-- .pal -it n -a- articular stormwater basin within -its ility he--B-o-a d'--of-Coup$ ommissione ,�„ ester s y esol lion, stor o� t r-fass to be paid as -storm to the coC-FeS-pe nd-in-g- sehed-ute d utility _ bill by t with -the rules -and regulations of the corresponding municipality per i-n-i The -corresponding municipality -s -►h place -all such fees collected d--rand-separa ept as aefu-n-d-to-be-u ° I - h -e -p u r p o s e s--sta4;e -e re i n. fWe4d-Ge*unt anee4O9-3--- by _ the- owners -of property in such stormwater-bas-. Such stormwatflees shall be-establlshed in amounts which will prov-ido--.. i•- -fun , proportionate y ealc la-te - -a-se-s-sed, to construct the facilities which ne Ld to be installed in the -basin. The amount of the fees assessed against inarividual properti-es-and the method of collecting the fees shall be established by the re -solution. B. Th County may req-wire the payment -of the stormwater basinfees--as a condition of issuance of a _ full. b-u-ia-d-i-n-g--pe3 -it, or i-f no building permit ismuired, upon commencement of construction. The storm -water a s i n fee -s li a -1 -1 ---be pa ya b -1 e---alt-a-n y time as -he-Beard of County -m-n-ises-► o ners--a fie r the a-ppro vat-fle--p,, alt--of--a-- s u bd iii-sio n or, in the case o f--u-n-p t d property, upon _ th-o-issuance-of a building permit. ARy-efees _ not otherwise co -1l t--ma-y-b-e-coUl•ected-tnroUg; 5peia1-a essme -Je v- -d-i as -se er-t-c strict created pur-s- nt to-State4aw. Such fee shah -be established by resoluti n- et - Cole— r - e0 3 There is hereby in osed---on each and every lot or parcel--of-land-within and uoon the owners thereof a stormwater-utility fee -as -shown in Appendix to this Chapter a Stormwater Utility, Append -ix --phis-Ch-apter for the Evans LaS-alle-Service-Area Stormwater t liz ; a,nd ° ppenr i�� r -to r pay for the -operation, maintenance, administration an its cor • 'stormw-ater fa -c• fees are deemed reasonable-a-nd- existing-the era an-, maintenance and ate -mini ' rat -ion of such future sto-rmwwater facilities -as may be ester-bli�he within--- �til, and its corresponding municipal -4; and the c es-i f-wA O -a-n r- +on or reconstruction of major and minor storm -water facilities to the-eaten-t-that�-- ch costs h-,ve-bee-n-de e-rmined to be the respo s-i-bility of developed properties. A-ll of the proceeds of such fees -are deemso nt for u of-t"e • n, s c rrespoRd-i n g m u Ric-i L t !S to rmw-ate - e -m -1 h- -realHaropy-e n and with respect to which the charge is imposed -upon the owners: -ou-nty Code -manse 200�J Sec. 8 7 230. - Reestablishment -of stormwater fees. The Board of County -C- by -re oI lrife-the amount of the corr specid1n-q- municipal--ut lity or basin fees for a stormwater basin based upon revised estimates -of the co -of in tallin facilities in the basin. A ny ch�� g -rho am�n-of-the stormw dest--f -ha l-e-feetive one-y-aseto properties in a stem atereba-s-in r-nich have ot-paid-in--fu ho stormwate b -a Je—ss see ainst the propertworrnwater basin fee is completed as to -pa ler- -p.- -peg f he amount of thell -shall net-be-i-ncrease - Sec. 8724. mwater utility fee. The corresponding municipal -utility -fee shall be billed -and collected -with the reg oa,rty Wiled utility rill for those lots or parcels of land within the corre-s o-n-d-in-g-rr�uniuipal-utility, billed -and co!1ect -separately r those tots or parcels of -land and owners thereof not -utilizing -other utilities of II -such --bills for stormw tec-u• gees shall be -rendered with -the- gu'-a-r y ending--mu-n-isipality and shall become due and payable in accordance cti-on of utility fees: be Sera _ 7.250. Certain properties exec - from ffin The co=re&pond- n -g municipal utilityee shall not be collected in connection with any county street; c for- loor any aiir -ri h10-wa —mod exclusivelyfar-t-ra-ckage anad safety apps-nansesT 0 -Sec. 8 7 _ 2 -6O: -enforcement An-y-c-h-argeareunder which is not paid -when due -may _ be -recovered -4n -a , a-Gtio n at law. In -a- - i-o-n to any other --r r ed--i-es -e -pena ; s evioec by this Articl —oc he -Cede, failure of -a- -user of corresponding utilities -within its uti-1 -boundaries to pay the --c acges pro tly when due shall subject -such user to discontinuance—o,—Lsic-h-uti ty-s ≥e , an—d--the—corresponding munici-pa itty-4s hereby empowered and directed to enforce this provision as to any and -all d- fng use hall, at all re mabl time ave-access to any-prern-i-ses-served-by-the y for i ns pe-ct+o n ;- e p ,ter enforce , ins -o-f this Artiele- 1 I -fees m u u a n t to this -Art- l -e s U-be-a-iien pen s _ o -p -e pu-fee is associated from the -date the fee becomes due -u -n -ti! such _ -ens -paid. The owner of _ record-of--e-verit building, premises7 lot or house- -hatl k e obligated -to y --be f —aII service provided for the premises-w-h-ieh ob'tg 4on may be enforced -lay -the Count yae-t-i-- law or suit to enforce the -lend. In case a tenant in possession of any premises -or buildings -shall pay t -ham. --char , ;-t all rel v -the--I n -d -owner from such obligation and lien, but the County shall not be required to look to an -y --person whatsoever other than the-.yment-o-f e-c-hra-nge of owner -ship or occupation shall 'I' i °-ion of this Arti-ole -t-he fay -I -u, of any own -o learn that he or--she---purchased property -against whic a ken for correspen d -in -g - municipal utility fees -exists shall in no way affect the -responsibility for such pay-m-\.,�n de went amount may be enforce assessment upon the prop e y any pee- s served and certification to the---Ceanty- Treasurer for col-I-eet-i-o-n-pu°ant-ate law. • n Sec. 8 7 280. Additional fees authorizer- -en—r Sections is -Code -establish the basic drainage -fees for alPj - o-pe4 y=ea -s within the co-rrespondi-n-g—r nicipa-l---utility. The —Board of Count -wog 3 sinners may determine re -solution, as each subdiv-i-s-ien or -area is formed within the cenr-e-s-pe-n -g-municipal utility, that additional fees, if any, shall bc c„h-a-rged over and -above t stated in this Mticle, ,R h4ch shy_ s p n the actual or estimated increased cos¢ .,Jove such stated s for the district -or a r -ea an d /o r upon --the existin-g i st i n -g eve r -a d-rainage-s-ste-m- Sec. 8 7 290. Appeals. Any owner w-he-•d-ispushe amount of the cor-re-�n-ding municipal -utility -fee r the stormwater basin fee made against such owner's-p-raperty, of who disputes -any determination made by or en -behalf of the Gorr n n p , Ek-ikty-p-u 4mnt to and by the authority--0---this on the Board of County Commissioners, in -accordance with the appeals p ce-s-s-d-eta d i ction 2 -4./ -o -o -f this Code. (-Weld Gountiyz-Gede-Ordinan Division 4 Miscellaneous Provisions Sec. 8 7 400. Dtspo-s;-ti-on of fees and -charges. I T -he -tees -a n-d-c-h-ar es paid and-c-ol lected- irt-� �e of this Article s h a ! be f - e n e as l- o r -ether -governmental or p -r- pri- Lary purposes of the County, exee te a --fog-t e -equitable share of the costs of ae e- :gin- hng, manageme----a-n-d- -evern-men-t thereof. Other --than as described above, the fees and charges sh-all used solely -to -pay for the costs of -o do n, repair, - -a-i - n -a n ce r�-eem��, ree-n str ctiG-n-ries-r .rig h-- ote aya-q-u-i-si4i-on-and-construction-of p-ub l is sto r-mwa-te - eil ttie-s and costs i n ciden-ta14heceto . If th-ee--are -amounts in the fund in exc--e- s of the -amount-required-satisfy the purpose -of -the fund th-e--Bard-e f C ou-n4y --Comrnis ssio n ers may _ b y o rd1nan e u -r -resolution- a u t --h o r-i z e4h-e transfer -of such excess _ a-mo-u-n to any -other -fund ef-the County. (Weld Count ode Orce 2003-2) Sec. 8.7 -410. P-roperty owners to provi-d-e-s-tormwater facilities. Tim Board of . a f -u- h-er-- f-4 d -s -determines and —declares u-nder-al attend -ant ci-rcu nT s-ta-n ees that -owners of pro pe r y- i-t-h-in-s cremta-t-e-r basins in the :yes pond iie-g--r u n ici pa I utility : h eu1d--p-rov-i-d-e-t-h- o-rmwa to r facilities e -sa ry-fo r the --d-- - g e --and c o n tr- f flood and surface —waters •vif-h t -o- - e- --b - s and should pro;ride the faci l iai i red --to—do y ch -aters from the stormwakerrzebasln to major dearnag-e -ay-s. Therefore, the cow of insta kng—stir-m /ater facilities in a stormwater-basin--should he -assessed, in whole _ ar in part, again -a-te-rr -tom s i n. The Beard of County C o-m1m iseio-n ers--f u rth e r finds, determines _ an-d-d-ee-l-ares- hat all real oroperty within a stormwater basin will be -benefited -by the installation of stogy -te-r-faSies-- k -thin t -h --basin since the development of elevated -sands increases the runoff of storm\Apiater from such lands ca ui g increased am -au -Pits of stormwater-to flow onto ad l ` ie-c -I- e-r-=-e-leva-t P. The owner of-&uc-hava4ed land - -s--a-d y t-o-,p-revent such inoreased-rahoff from doing damage _ to oth e r --lands wh-i-c-h d u- adeq-u-ate stormwater facilities are install-ed-in the stormwat ba i-n. To the extent possible, the charges as essed -g-a+ s.s--iarl-- s --in a stormwater-basin for construction of-stormwater facilities should take into account the -amount of stormwater which will run off such lands after-, ha-ve beer deve oped. (Weld -Gaunt -5T Code mance 20-0-I-2-) Seer 8 7-420. Establishment of stormwater basins. solo-pts pro -par de -- beevi be -revised ties h the corres o di m, �� &i-pal }„ de sting the boundaries of its correspond -in m-u-nicipal utility _ and in the correspond ng- �, ¢his-her-sby -- ay also indicatee-xi&t- -g-development of properties within the basin, zoning of and such other information as- -- naybe--deb;-e-r-nned to be advisable. Such map is the official e respective stormw-a-sin baa- i n tl�►e � ��s-ponding municipal utility -but such map may from time to time to con -form with-exi t -g-conditions. O Sec. 8 7-430. Comprehensive study, ding municipality's m-o-st-c u -r re n t clo p -r e -h -e n -i•ve drainage study is -h- b ---adopte „ - p reference -and -declared to-b-e--a-a4e his--Article- The comprehensive drainage -study is on -file in tree -o icthe- eocresponding municipality. The corresponding -municipality mated- 4ional master drainage plans -by reference and-d-eGlare them -to -be a part -o -f this 4vtieae an4-co-p-i e -s- uch-►tea-s-te-r ci a-i-ge--pla n s shag! be on -file in the officrk. The -plans may boom -edified by the Director for the sole -purpose of enhancing such -plan, provided that such enhance -me -n -does -no d mini the -general purpose -arid specific -objectives oft-h---a-d-®-p4ed plan anc does not dim . n ish the ability -of -the plan to add-r-ess the d-i-s-pposi-tio-n-of sto-r ate-- noff in the applicable 'asin, n , and if o -d- -fi-ed, the--od-ificatio n s s h -a l l -be -filed in-the---o-f-fih-e-of-th-e-city clerk of the corresponding municipality. Sec. 8 7 III 4 -land. Prier to the f+nal approval of the Tat of any subdivision, or prior to commencement of construction upon any lot or h drain ge rep an con truction plan for the installation of stormwater facilities has not been prepared and approved by the Direc+^ . ne t e prop rty being r N' drainage report and construction pl subdi-v-ision or lot, including any off -site faciliti streams, detentionints, all in conformity with eeeresponding municipali-t The--D-i-rector shall review such re-po ,-,�; -end cost estimates, and after approval of the same, the plat of the s-ubd-ivi-si-on or the building permit, if applicable, may be approved sucl 6aci ivies wi oe cons.ruc_ec anc instal ed as indicates a (Weld County Code —Ord' porovec the-corresp rights of way a ter -facilities located within or adjaee II accepted public stormwater facilities ecated within y. The ty include facilities not accepted by the corresponding municip of this Section, fog --rte "►, the- eye ►n �� direct (Weld a Scc. 8 7 460. Flood insurance. facilities e C — d -s ply that -spec available for the corresponding municipal utility. The ARTICLE IX - Municipal Separate Storm Sewer System] -Ilia Dscharg Dete ti -on -and Elimination Sec. 8-9-10. - Title. This Article shall be known, and may be cited, as the "Weld County Illicit Discharge Detection -and Etimin-atie-n and-MS4 Stormwater Quality Ordinance." Sec. 8-9-20.---Rurpo-sefintefn47 Authorization. A. The -County haER ee -sstu d a regulated Phase H MS4 CDPS pecmit that covers -designated areas of u n i nee--po-rata We -Id -County serving a population between -ten the -6 one hundred -thou x-04- ham. -r-ban areas of o 0) -or more people per s-q-ua re-mil-e-.b-a-sSd-o-n--the 2000 U.S. Ce n—Th-e--su-r-re-n l y des -IQ -net -eel -areas a-r-e-e*poG4ed t-o change-based-on-the 2010 census. Th'-Ce - ' -C -P S-per-m-i--cevecs-th M u n ici pa -1 -e parate Stecrn-SewerS -stem-s--o h e designated urbanized areas iy i,ng o rpo rate -d -a -re -a -s of the County. M u n i ci p -a -1 es--Zvi-thytoc-m--seer systems in the designate.cd-IVIS4--urba-nized-are--,as ad m- te-r-thei-r own M-5 -pe n-i -s- i Ttore-o-bleGti of this Article arm 1. T-e--reg a t nap _ re -h i- rt-,eo n jen i i-o s-ef p-Gluten4s4o L h -e -M u n i c i pa- Se p ra e Storm Sewer System % atte r discharges -lay -any user; 2. To prohibit itl i_olt o n nee -ties armed- s-G-h-a-rg-e s to any ,S _ 4 3. To establish -pro Wires to carry out -h- G a"E F t4c I e; and s u -r e i l l a-nc-sap -sure. To protect the -health, s ' :` _ 1, en —al —welfare of the—ei-ti z ---en -of ti Ge- n-ty--i:-h-ro of n 0 -11 -St ofmwa t & r i SC hTaFg es te-an-, l -S 4 - (-ewe— teti-en-was move ke S -ction 8-9 80) A. The County is required by state and federal law, and as a condition of its-D-RS-MS4 Permit, to establish by ordinance methods for controlling the introduction of pollutants into any -the MS4, in order to protect and enhance the water quality of the waters of the State pursuant to and consistent with state statutes and regulations and the Clean Water Act. B Section 30-15-401, et seq., C.R.S., enables counties to adopt ordinances for the control or licensing of those matters of purely local concern and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease. C Section 30-15-401(11)(a)(I), C.R.S., specifically authorizes counties that have been issued a CDPS an MS4 Permit pursuant to Part 5 of Article 8 of Title 25, C.R.S., to adopt a stormwater ordinance to develop, implement and enforce the Stormwater Management Program required by such permit. © Section 18-4-511, C.R.S., makes it a crime to place any foreign substance, whether solid or liquid, into any body of water or watercourse. E. Section 30-15-401(1)(a)(V), C.R.S., specifically provides that, in addition to the authority given counties under Section 18-4-511, C.R.S., the Board of County Commissioners is authorized to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease, including the authority to restrain, fine and punish persons for dumping rubbish, including trash, junk and garbage, on public or private property. Public or private property is defined at Section 18-4-511, C.R.S., to include "waters and watercourses." l= Section 16-13-305(1)(e), C.R.S., makes any unlawful pollution or contamination of any surface or subsurface waters in this State a Class 3 Public Nuisance.'[LH1] Sec. 8-9-30. - Au -h-o i- a -t -n-Purpose/intent. A. The County is -required by -state -a -n -d c era I law, and--as-a-Go-r-i-d-ition of its CDPS permit, to-es-t-a-bl i s -h by ordinance methods for controlling -the in-froductien--of-po-l-i a n-ts into any MS4, in order -to protect and enhance the w -a -L. • wa-te cf the State pursuance to -nd---c--e-ns-i-ste�nt with state —statutes and regulations a -n -the --C ° ec4a-n ' a- r -Act . B— Section 30-1540:11 _ et - e - S- , n b cou is t� pt ordinances fora -Gen -Vol or I-icensin-g of those n tte-r-s-o-f-p el -y- -oc-a I -concern a n-d--c-a-I-I-ac4 and mad - --l-I- eg u Iat on s- h may -be n ec e ss-acy-e-r-ex pedSe- -t f o r t h e p-Fo eti-on--of health or t e p re s s i o n--of dis-e-aseT o�fi I a a u h -o rizes co u -r ties4h-a-tt-h-ave been i-s-s-u-e--a-C-D-PS f Article 8 of Title 25, .S., to a -d a -atec-erdin-a-nce- +m p -1 -e -m e n -t a d -e -n -force the Stormw-ate r- a- e � t P rog-r-a-m--ie-u+red-b-y- s h-pe rm it. Section -1-8 4-51-1-3-C. . S . , m -a -k -it -a---crime-to-pi a c -e -a ,��-9-re i g n -s -u b-st-a- n _ c -e , h eh s -r -sold -o i-d ; into-a-n-y--bos -of water or watercourse. s u -p -p re-s1n-oi includi-ng tras -aid gar -age, on public or prime-p-rop ray —P Section 18 4 511, C. . , to -in -dude "waters and water= co ,-Fses." E. S-c-cticn � 4 ¢ ��) y S , specifically provides that, in on to the authority -give -n• counties under Section -1r8 -4-�14, C -7-R. S., , the Board of C-ou _ nty-Q9-m-m-i s--i..-i-t-h o rized to -a- I-aet-s •e -n- lae-n1ec sa-r-y-ors .exped--i- nt f or the -promotion of heal -r- he -e i nd-u d-in g the -a -u -hrori ty to res4 , fine and -p u n i s . Abov-el-e i:[on was movedr-to-S-cfi-n--8--9 i-g-rubbish, fined -at A. The--County-h s --been ed--regul-a-ted--P- se-I-i-M -C-D P S permit th a- -co r -s -des i g n -a -areas of unincorporated -Weld County-s-e-pdin thousand (100, 0 00) --with--n-are-a the -2000 U.S. Census. The -Guv e; 4i---y-desig-n-at ce- -us. The County's CDPS perm it -co -rs- esig-.n-a-t-ed--6 be-n-i a -re -as lying in unincorporated -areas-of the o nt Muni-oi-panties with sto-rie-sewer systems in the designated MS4 urbanized -areas -mm-i n ister their own-�oll-o their r-e--s-i ec- e area-s- on-bet-ween ten thousand (10,000) f d --one hu -dced s -a -re expected- Reparate Sto -Sewe sthe 2010 he A. Weld County has been issued a Colorado Discharge Permitting System (CDPS) Phase II Municipal Separate Storm Sewer System (MS4) permit (MS4 Permit) which is regulated by ,he Colorado Department of Health and Environment (CDPHE). The MS4 Permit contains specific requirements with the intent of preventing the discharge of pollutants to the MS4. Designated MS4 areas include unincorporated areas of Weld County serving a population between ten thousand (10,000) and one hundred thousand (100,000) with urban areas of one thousand 11,000) or more people per square mile based on U.S. Census data. B. The objectives—of—thisArticle are: -Article Objectives: 1. - o -r -e -u-la to --and prohibit c o n t tie--n-s-ko -o- to n is to -the -Muni i t . ate— m e F-Sy-s-tem-( ,4S4) by s o-rmwat- r r Gli ge -b-y a - u- To regulate and prevent contributions of pollutants to the MS4 by any person; 2. To -, oh -bit illicit con ec-tions and --d c rges4o-an-y-MS4;-To prohibit illicit connections and illicit discharges to the MS4; 3 To ensure MS4 Permit requirements for Construction Activity and Post -Construction are met; 4 To establish procedures to carry out the inspection, surveillance and monitoring necessary to ensure compliance with this Article; and 5. To protect the health, safety and general welfare of the citizens of the County through the regulation of nonstormwater discharges to the MS4. [LH2} Sec. 8-9-40. - Applicability. The provisions of this Article shall apply in the unincorporated areas of the County located within, or discharging to, -en-the current or future designated MS4 permit coverage area specified in the current CD-P-permit-MS4 Permit issued to the County. Sec. 8-9-50. - Definitions. For the purpose of this Article, the following terms, phrases, words and their derivations shall have the meanings given herein: Best Management Practices (BMPs) means sohedute-s-of a tivtte-s struttares, prohib lens of practices, maintenancee-p-e e -d -u -r -an --o4:h e r m an men p �-10 o -prevent or red u -the-p i ki-t on -of any `=SAa-oan-be--s-tru-ctu I -or nonstructural and tem an -en -t— x-a--ple-s i n& i-d t -tied to, silt —fences, erosion b la n- cet -h-a y -b-al e te-n--d-e-d-de en tion-b-a - n t a-tm-e-n Fe -q _ ui-r-e-me- -s; op - 4i -n' -pFe-d-u s--and-p mt-ica s to con t ite run off, spillage -of tea -1 -lug or waste -di —pas —a • i . means schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants to the MS4. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. The term BMP may be used interchangeably with the term `control measure'. Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Colorado Discharge Permit System (CDPS) means the State's system of permitting discharges (e.g., stormwater, wastewater) to-any--S4-which corresponds to federal NPDES permits under the Clean Water Act. Common Plan of Development or Sale means a contiguous area where multiple separate and distinct construction activities may be taking place at different times, on different schedules, but remain related by a common contract or plan. Contiguous means activities located in close proximity to each other (within % mile). Examples may include subdivisions; master drainage plans and phased construction. Construction Activity means round surface disturbing and associated activities (land disturbance), which include but are not limited to clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials and borrow areas. Construction Dewatering Permit means the Colorado Discharge Permitting System (CDPS) General Permit COG070000, Construction Dewatering Dischar; es, which is regulated by the Colorado Department of Public Health and Environment_, Water Quality Control Division. Construction Stormwater Permit means the Colorado Discharge Permitting System (CDPS) General Permit COR400000, Stormwater Discharges Associated with Construction Activity, which is regulated by the Colorado Department of Public Health and Environment, Water Quality Control Division. Control Measures mean temporary or permanent methods used to prevent or reduce the discharge of pollutants to the MS4. Temporary control measures may be structural (silt fence, straw wattles, straw bales, earthen berms, soil retention blanket, etc.) or nonstructural (best management practices, good housekeeping, etc.). Permanent control measures refer to water quality features built to detain, retain, filter, evaporate or infiltrate stormwater runoff from a developed site. Department of Public Works means the Weld County Department of Public Works. Department of Public Health and Environment means the Weld County Department of Public Health and Environment. Disturbed Area means the area of the land's surface disturbed by any work or activity upon the property by means including, but not limited to, grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include agricultural land tillage. Division means the Colorado Department of Public Health and Environment, Water Quality Control Division. Division's Low Risk Discharge Guidance Documents means the documents created and amended by the Colorado Department of Health and Environment, Water Quality Control Division, detailing the approved conditions and methods of treating nonstormwater discharges. Final Stabilization means the condition reached when all ground surface disturbing activities at the site have been completed, and a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. Hazardous Material means any material, substance, waste or combination thereof which, because of its quantity, concentration, physical, chemical or infectious characteristics, may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Illicit Connection means either of the following: any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter any -the MS4, including but not limited to any conveyance which allows any nonstormwater discharge such as sewage, process wastewater and wash water to enter an -y the MS4, and any connection to any -the MS4 from indoor drains, sump pumps and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the County or other governmental authority; or any drain or conveyance connected from a commercial or industrial land use to a --the MS4 which has not been documented in plans, maps or equivalent records and approved by the County or other governmental authority. Illicit Discharge means any direct or indirect nonstormwater discharge to an -y _ the MS4 which is not exempted by this Article or applicable state or federal law. Municipal Separate Storm Sewer System (MS4) means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels or storm drains): a Owned or operated by the State, city, town, county, district, association or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under state law, such as a sewer district, flood control district or drainage district or similar entity, or a designated and approved management agency under Section 208 of the Clean Water Act that discharges to Waters of the U.S.; b. Designed or used for collecting or conveying stormwater; c. Which is not a combined sewer; and d. Which is not part of a publicly owned treatment works. A map of the County's MS4 area is located in Appendix 8E. MS4 Permit means the Colorado Discharge Permitting System (CDPS) General Permit COR090000, Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (MS4s), which is regulated by the Colorado Department of Public Health and Environment, Water Quality Control Division. Weld County is authorized to discharge under permit certification number COR090037. Nonstormwater Discharge means any discharge to the storm drain system that is not composed entirely of stormwater. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as the owner, owner's agent, operator or occupier of any premises subject to this Article. Pre -Construction means the set requirements applicable to any site or development prior to undergoing construction activity. Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; nonhazardous liquid and solid wastes; yard wastes, including grass clippings and leaves; refuse, rubbish, garbage, litter or other discarded or abandoned objects; accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform bacteria and pathogens; dissolved and particulate metals; pet wastes; wastes and residues that result from constructing a building or structure; concrete washout waste; wastes and residues that result from mobile washing operations; noxious or offensive matter of any kind; and any soil, dirt, mulch, rock or other type-of-aterial sand; wrecked or discarded equipment; heat; or any industrial, municipal or agricultural waste. Pollution means the presence of any foreign substance (organic or inorganic) in water or wastewater which, in sufficient concentration, tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which may not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use. Post -Construction means the set of requirements applicable to any site or common plan of development or sale which has disturbed greater than or equal to one acre or will cumulatively disturb greater than or equal to one acre during future phasing. Potable Water means any water which, according to recognized standards, is safe for human consumption. Premises means any lot, parcel of land or portion of land, whether improved or unimproved, and including adjacent sidewalks and parking areas. If improved, any associated buildings, facilities or improvements thereupon are considered part of the premises. Publicly Owned Treatment Works means a publicly owned domestic wastewater treatment facility. This includes any publicly owned devices and systems used in the storage, treatment, recycling or reclamation of municipal sewage or treatment of industrial wastes of a liquid nature. It also includes sewers, pipes and other conveyances if they are publicly owned or if they convey wastewater to a publicly owned treatment works treatment plant. Stormwater means any surface flow runoff and drainage occurring during or following any form of natural precipitation event and resulting therefrom and consisting entirely of water from natural precipitation events including snowmelt. Threatened Discharge means a condition creating a substantial probability of harm, when the probability and potential extent of harm makes it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources. Watercourse means a natural or artificial channel through which stormwater or floodwater can flow, either regularly or infrequently. Wa-te-rs-ef th-e--State - -f Colorado (waters of the State) means all streams, lake- i pen impounding -reservoirs, watercourses, springs, drainage system€ a -n ?-i rig t „ ¢ems, all sources of water, su -a -s �P, ice end-aH-oth Jar -bodies or accumu ations eif water, surface and underground, Ra4u ra l or a r ' , ,tte s-Looa-td-w-heH-y-.c r -a i-a-,l wwi e n er-bordering upe n -4h e State W4h-I1R-its jurisdiction. Sec. 8-9-60. - Responsibility for Administration. The -Department -of --R- -blic Works shall administer, im-p-l-em-en4 -and-enh -rce he--rovisions of this- The provisions of this Article are hereby vestec in and shall be exercised by the Board of County Commissioners, who may prescribe forms, rules and regulations in conformity with this Article or for proper administration and enforcement. Administration and enforcement of this Article and compliance with the County's MS4 Permit are hereby delegated to the Department of Public Works, with the Public Works Director acting as a duly authorized representative. Sec. 8-9-70. - Discharge -prohibit' n-d-r-equire-ments. Illicit Discharges A. Prohibitions.[LH3] 1 Illicit Discharges. a It shall be unlawful for any person to discharge or cause to be discharged to any the MS4 any pollutants that cause or contribute to a violation of applicable water quality standards. Subject to Subsection C -f below and all applicable county, state or federal discharge regulations, only stormwater may be discharged to a-nt the MS4. It shall be unlawful for any person to cause pollutants to be deposited in such a manner or location as to constitute a threatened discharge to a-n-ythe MS4. Pollutants that are no longer contained are considered to be threatened discharges unless they are actively being cleaned up. 2 Illicit Connections. a The construction, use, maintenance or continued existence of illicit connections to a -n -y -the MS4 is prohibited and is considered a violation of this Article. b This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. Notification of Discharges. 1 Notwithstanding other requirements of law, as soon as any person who owns, occupies, o perates or is otherwise responsible for a premises, or is responsible for the emergency response for such premises, has information of any known or suspected release of a n onstormwater or hazardous material discharge to any the MS4-onto any waters -of the State, said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. Additionally, such person shall be responsible for emergency suspension of all activities that are the cause of the release and shall implement corrective measures to mitigate and control discharges. 2 In the event of a release of hazardous materials in -to stormwater, any MS4 or any -waters fie -State, to the MS4, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a n onstormwater discharge i„,rto— • mwater, MS4-o int nsy-w ere ¢ tho States -to the MS4, said person shall notify the Department of Public Works no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Department of Public Works within three (3) business days of the phone notice. 3 If the discharge of hazardous material or nonstormwater emanates from a commercial or industrial establishment, the owner, operator or occupier of such establishment shall also retain an on -site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three (3) years.[LH4] potential �h�,- ►ge; s General Requirements. Requirements of this section are co -regulated by the Department of Public Works and the Department of Public Health and Environment. 1. Control Measures. The County shall provide for, and compel the abatement of, any condition that causes or contributes to a violation of this Article -or any CDPS permit, and require t Practises control measures for any activity which may cause pollution or a threatened discharge to any -the MS4. The owner, operator or occupier, at his or her own expense shall provide reasonable protection from the potential discharge of pollutants to -a-n-y-the MS4 through the use of structural and/or nonstructural, temporary and/or permanent BM -Ps -control measures. Further, any person responsible for a premises which is, or may be, the source of an illicit discharge may be required, at his or her own expense, to properly clean up the pollutant and implement additi a-n-d-/-e-r— ., stru-ctur M -P --control measures to prevent the further or future discharge of pollutants to an - the MS4. Th-e-s-e--M-Ps-shall be d-oo -m-e-n4ed as part -of a-n-y-ceguired management -plan- neoas ary-nor compliance with a -n y C-pe-rm-i-tom;[ L H5] 2 Watercourse Protection. Every person owning, leasing or otherwise occupying premises through which a watercourse passes shall keep and maintain that part of the watercourse within the premises free of trash, debris excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. Irrigation structures themselves are excluded. In addition, the owner, operator or occupier shall maintain existing privately_owned structures within, or adjacent to, a watercourse so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. 3. Maintenance of equip -went. _ Leaks and Spills. Any leak or spill of hazardous material in an uncovered outdoor area shall be contained to prevent the potential release of pollutants. Leaks and spills shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Article. Outdoor storage of liquid hazardous material or equipment containing liquid hazardous material shall have adequate containment and management to prevent leaks and spills from occurring. 4 Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. State and federal regulations concerning esticide application shall be followed, and all required certifications shall be obtained. 5. Sediment. Stockpiles shall bo adequately managed to prevent offsite discharge, and access points shall be free or vehicle tracking. Sediment discharge to the MS4 is considered a violation of this Article. D Exemptions. 1. The following nonstormwater discharges are exempt from the discharge prohibitions established by this Article when properly managed: landscape irrigation, lawn watering, diverted stream flows, irrig-ation-Fstd-m-flow, rising groundwaters, uncontaminated groundwater infiltration, uncontaminated pumped groundwater springs, flows from riparian habitats and wetlands, water line flushing, discharges from potable water sources, foundation and footing drains, air conditioning condensation, water from crawlspace pumps, individual residential car washing, dechlorinated swimming pool discharges, water incidental to street sweeping (including associated sidewalks and medians) that is not associated with construction, dye testing (in accordance with the manufacturer's recommendations), stormwater runoff with incidental pollutants, discharges resulting from emergency firefighting activities, discharges authorized by a CDPS or NPDES permit, and agricultural stormwater.a-n4Aischarges in accordan-wee-w--h the Dsp4,-en- z—Ru-blic Health and Ervironmen Risk Discharge Policy -and G-uic-e-documents. Nonstormwater discharges will not be considered illicit discharges if the discharge complies with the Division's Low Risk Discharge Guidance Documents. Irrigation return flow is exempt under the Clean Water Act. 2. The Department of Public Works maintains the authority to determine proper management of all nonstormwater discharges to the MS4. If a nonstormwater discharge is improperly managed or found to contain significant levels of pollutants, access to the MS4 shall be suspended pursuant to Section 8-9-130. E Enforcement. Failure to comply with this Section is a violation of this Article, and enforcement procedures shall be followed as detailed in Section 8-9-130. Sec. 8-9-80. - Industrial or con-st-ru i-on activity disch-a-r-g-ePre-Construction A- A . son s -sue -d a --C D -PS t-dust4a1--and/or construction a ii-aperm-i-t for stormwater discharge f -r -pc -o -p es --l- i n -g within the -cog hated 4- -rc s, or soher-g i-n g MS4 tall comply with a R pr-oi-s-ions of su-h-pert=na-Proof-4 er plisnce-with such per; r y be required in a S r-m-acc- -table to the -Department of Rublic Works prior to allowing disto an M-84. Fa-i-i-u -pcois-iens-o“--h -v- olati o n of this- a (-Above-del-e tip-�mo d to Section 8-.9.11-G} A. Purpose. The purpose of this Section is to require the submittal and acceptance of specific documentation prior to any land -disturbing activities to ensure Construction Activity and Post -Construction requirements of the MS4 Permit are met. This Section applies to all land -disturbing activities commencing after July 1, 2019. B. Pre -Construction Requirements. The following documents are required to be submitted and accepted by the Department of Public Works prior to any land -disturbing activity that will disturb greater than or equal to one acre of land. Applicable land -disturbing activity includes the total disturbed area from a common plan of development or sale. The Department of Public Works shall determine applicable sites and recuired documentation necessary to comply with IVIS4 Permit requirements. 1. Grading Permit. Within the designated MS4 area, it shall be unlawful for any person to conduct any activity resulting in, or contributing to, a total disturbed area of greater than or equal to one acre without first obtaining a Grading Permit from the Department of Public Works. A Grading Permit is also required for sites less than one acre but are part of a larger common plan of development or sale. 2. CDPS Construction Stormwater Permit or R -Factor Waiver. A CDPS Construction Stormwater Permit shall be obtained prior to the start of land disturbing activities. Alternatively, an R -Factor Waiver granted by the Division may be utilized in lieu of obtaining CDPS permit coverage. Proof of permit certification or waiver shall be required prior to Grading Permit issuance. 3 Stormwater Management Plan (SWIM1P). In accordance to the CDPS Construction Stormwater Permit, a SWMP shall be developed prior to land disturbing activities and located onsite until final stabilization, available for staff review upon request by county, state or federal agencies. 4. MS4 Site Plans. In accordance with the MS4 Permit, the following documents, collectively referred to as `MS4 Site Plans', shall be reviewed and accepted by the Department of Public Works prior to land -disturbing activity. MS4 Site Plan modifications made after acceptance shall be submitted to the Department of Public Works for approval. a. Sediment and Erosion Control Plan; identifying and locatin. all tem orary control measures, structural and non-structural, used during each phase of construction, from initial disturbance to final stabilization, to prevent the discharge of sediment from the site. Additionally, the plan shall include installation and implementation specifications for each structural control measure and a narrative description of each non-structural control measure. lam. Stormwater Pollution Prevention Plan; identifying and locating all potential pollutants and the temporary control measures, structural and non-structural, used during each phase of construction, from initial disturbance to final stabilization, to prevent the discharge of pollutants from the site. Additionally, the plan shall include installation and implementation specifications for each structural control measure and a narrative description of each non-structural control measure. At a minimum, pollutant sources associated with the following activities shall be addressed in the plan: i_ Land disturbance and storage of soils; ii. Vehicle tracking; iii. Loading and unloading operations; iv. Outdoor storage of construction site materials, building materials,. fertilizers and chemicals; v. Bulk storage of materials,. vi. Vehicle and equipment maintenance and fueling; vii. Significant dust or particulate generating processes; viii. Routine maintenance activities involvinc fertilizers, pesticides, detergents, fuels, solvents and oils; ix. Concrete truck and equipment washing;. Dedicated asphalt and concrete batch plants; xi. Other areas where spills can occur; and xii. Other nonstormwater discharges includiig construction dewatering not covered under the CDPS Construction Dewatering Permit and wash water not covered above. c. Drainage Report; identifying the following components: site drainage; design details for permanent control measures; narratives for non-structural control measures, if applicable; and corresponding calculations used in determining compliance with the 'Base Design Standards' of the MS4 Permit. "Base Design Standards' are detailed in the Weld County Engineering and Construction Criteria document (Sec. 5.13, Storrnwater Quality/MS4 Requirements). d. Drainage and Access Easements; identifying all easements or other legal means used to convey drainage to permanent control measures and easements or other legal means used to access permanent control measures for operations, maintenance and inspections. Long -Term Operation and Maintenance Plan; identifying the long-term observation, maintenance and operation of permanent control measures. The plan shall also include frequencies of routine inspections and maintenance activities. f Additional documents to comply with MS4. Permit requirements; which shall be determined by the Department of Public Works on a case -by -case basis. C. Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8-9-130. Sec. 8-9-90. - A. Ao,. ion applies to all premix e or may be, di gnated MS4--a e B. Access -4e -facilities. 1. Th Depart + ^f P blic-\forks shall be allowed to enter -and inspect any premises subject to -this tide as ^f+ten as -m ,ec tery +^ d termine compliance. If s equiring proper identification and clearance before entry rn,+^ +he prem� s, +he ^ y r, ^nor for or occupier shall m-a-ke-ecessary arrangements to allow acee- +^ Department of Di blic in/ s-onnel 2. Premises owners, operators or occup Construction Activity records that f and an determine compliance with this Artie or applicable -state and federal law. V ired to 3. Any -temporary or permanent obstruction to safe and —easy acres to +"e -pre -raises to be inspected and/or -sampled shall be promptly removed -by --the owner, operator or occui-pe-ithe written or oral request of the Department rail not be replaced. The rests of clearing such access 4. Refusal to allow, or unreasonable delays -in allowing, the D premises for th viol Article- ks access to the ea 5. If De + ^f Di bl_ic Wor c I f� t ed acre s -to any part at the premises from whir -h- e es r,cc it or m c ire and the De bable cause to believe that there may be -a -violation of the CPDS permit and/or this Article or thatthere is a need to inspect -and/or sample as part of a routine inspection -and sampling program designed -to verify compliance with any CD -PS -permit or this Article 0 court of core -l-I public health, sa rtment of Public Works may -seek -issuance of a search warrant from any necessary in the opin1on of the Department of Public Works to co discharges. 7. meni cessary. The owner, operator or occupier s main-ta� �+ aH +ir,1n eend prope , the sampling a. d -e ices used to -measure discharge or water flow and quality shall -be calibrated to ensure= (Abeve-d-el e o n was -nn ove-d t -o -section -8- - - A. Purpose. wn expense; The purpose of this Section is to require the implementation of temporary control measures during land -disturbing activities to ensure Construction Activity requirements of the MS4 Permit are met. All control measures shall be selected, installed, implemented and maintained in accordance with good engineering, hydrologic and pollution control practices. This Section applies to all land -disturbing activities commencing after July 1, 2019. B. Construction Activity Requirements. The following requirements are applicable to sites with construction activity that will disturb greater than or equal to one acre of land. Applicable land -disturbing activity includes the total disturbed area from a common plan of development or sale. The Department of Public Works shall determine applicable sites and required procedures and documentation necessary to comply with MS4 Permit requirements. 1. Temporary Control Measures. Temporary control measures shall be implemented. according to the accepted Sediment and Erosion Control Plan and Stormwater Pollution Prevention Plan, prior to the start of construction activity and shall control all potential pollutants during each phase of construction until final stabilization is achieved. If modifications to the plans are necessary, the owner or operator shall submit the modification to The Department of Public Works for acceptance. Structural control measures shall be maintained in operational condition. Corrective actions such as repairs and/or maintenance shall be performed as soon as possible, immediately in most cases. 2 Construction Inspections. Upon commencement of construction activity, the owner or operator shall contact the Department of Public Works to schedule the required routine inspections of the site. County shall inspect the site to verify compliance with the Sediment and Erosion Control Plan, Stormwater Pollution Prevention Plan, and other submitted documentation. Inspection types and frequencies may vary depending on the owner and/or operator's history of compliance. The Department of Public Works maintains the authority to determine inspection frequency within the parameters of the MS4 Permit requirements. Inspections shall occur until the site reaches final stabilization, all temporary control measures are removed, and the Grading Permit is released. Inspection types and frequencies include, but are not limited to, the following: a. Routine Inspection: A routine (full -level) inspection is conducted at least every 45 days. The site owner and/or operator must be present during the inspection. b. Compliance Inspection: A compliance inspection is conducted within 14 days of a recorded violation. The scope of the inspection is determined by the severity of the violation. Recurring compliance inspections may result in fees being assessed as detailed in Section 8-9-130. c. Indicator Inspection: An indicator (drive -by) inspection may be conducted every 14 days with a routine inspection every 90 days. Indicator inspections do not require the presence of the owner and/or operator and are usually reserved for owners and/or operators with a history of compliance. d. Inactive Site Inspection: An inactive site inspection is conducted at least every 90 days. Inactive site inspections are reserved for sites pending final stabilization, and all construction activity has been completed. Detailed inspection procedures can be found in the Weld County Engineering and Construction Criteria document (Sec. 5.13, Stormwater Quality/MS4 Requirements). C Exemptions. R -Factor Waiver. Sites which have obtained an R -Factor Waiver from CDPHE are exempt from the requirements of this Section. However, the owner remains responsible for implementing adequate control measures to prevent illicit discharges during construction activity. The Department of Public Works reserves the right to require the submittal of necessary documents, such as an Erosion and Sediment Control Plan and Stormwater Pollution Prevention Plan, to prevent the discharge of pollutants to the MS4 on a case -by -case basis. Additionally, the R - Factor waiver exemption for Construction Activity is not a D Dlicable to Post -Construction requirements in Section 8-9-100. Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8-9-130. Sec. 8-9-100. -R-equiremto preen -t, control and Management-P-ra-etices. - Post -Construction ec--d-ischarges-b-y use of Best - d h-e-C-et-y-shal-I-a-ro-v-idre _ for, anhempel the abatement often --y _ Gendition th-at-c-a-yes or contributes l-a4i-e-n of this P i -le a n -y -C D-RSperm it-a-n-d-requ*e-B - � l n -age i wtty caus-e-or contribute to p-ol-luti-o-n-o-r—n-tami-nation of any M _ S he t. at -h -1 -s -e -r her own expe -se ra-I-I-p i d e-r-ea-sen bI . rootion-fro m a4e r i nto ntie a --d1se ; -rg of p-roh-i-b-i-ted materials or other wastes kin<o--ar-MS4--th u the -use -of structural and nonstrict-u-r -I Lam- oar -an=y a d _ per m-ae n t- - -F u rt-her, a Lp. -son-rss-p: o-n-stb l e-- for a promises w b4eHtlile -so Lwc-e-tea n-i- l-i-oi t-di-seharg e may S-Feq-u-i-red t his o -her --o n -e e r g se -p-ro p e r l y clean up -the pollutant and implement additional _ tem-oara y and/or permanent structu-ra BIVIP to p- evec4-th u-rth e r err futue l ceh-a rg f poll -eta nts to any M 4 . -, se -BM -as -s - p o -f -an -y _ r-eq-u-i r m anag-em e n t p I; - bove—del < -i-on-was— v-ed to Section 8-9-70-) com pl i,a-nc-e with -an — CD —RS permit. C o1m pl+a ce-w4h al-- c m an CD —RS permit a-u-the-r-i I -n =4e- d- -s h-a-rge -of stermwater associated with induct i-a-l-and/or construction activity, to the e.. e pracii 1e a1, 11 b deemed compliance -with the provisions of this Section. EAbove-dete tom --,-was- c ov-e -ecw plete ly) A. Purpose. The purpose of this Section is to require the implementation and maintenance of permanent control measures after applicable construction activity to ensure Post -Construction requirements of the MS4 Permit are met. All control measures shall be selected, installed, implemented and maintained in accordance with good engineering, hydrologic and pollution control practices. This Section applies to all land -disturbing activities commencing after July 1, 2019. B. Post -Construction Requirements. The following requirements are applicable to sites for which construction activity has created a disturbed area greater than or equal to one acre and sites which will have a cumulative disturbed area greater than or equal to one acre during future phasing. The requirements are applicable to individual sites as well as sites that are part of a larger common plan of development or sale. The Department of Public Works shall determine applicable sites and required procedures and documentation necessary to comply with MS4 Permit requirements. 1. Permanent Control Measures. In accordance with the MS4 Permit, discharges from applicable sites siall ensure water quality treatment of runoff through the implementation of permanent control measures, designed in accordance with the 'Base Design Standards' detailed in the MS4 Permit. 'Base design standards' can be found in the Weld County Engineering and Construction Criteria document (Sec. 5.13, Stormwater Quality/MS4 Requirements). Permanent control measures implemented for compliance with this section shall be located within the jurisdiction of Weld County until annexed by a municipality. As -Built Submittal. After installation of a permanent control measure is complete, a certified As -Built drawing signed and stamped oy a licensed Professional Engineer in the State of Colorado, shall be submitted t0 the Department of Public Woos to be recorded. 3. Final Inspection and Acceptance. After receiving the As -Built, the County shall inspect the site to verify compliance with the Drainage Report, Drainage and Access Easements, Long -Term Operation and Maintenance Plan, and other submitted documentation. If the Department of Public Works determines the site has met the requirements of this Section, the owner will be notified in writing of the acceptance within 10 business days. 4. Post -Acceptance Oversight. Inspections of permanent Control Measures. Inspections shall be conducted at least every five years, or an alternative frequency determined by the Department of Public Works, to ensure adequate long-term operation and maintenance of permanent control measures. The County inspector shall verify the permanent control measure with the recorded As -Built and Long-term Operation and Maintenance Plan. If the inspector is unable to visually verify adequate functioning end maintenance of the permanent control measure, additional requirements may apply. Additional requirements may be avoided by installing structural components, such as a concrete trickle channel, which allows visual verification of adequate functioning and maintenance. b. Additional Requirements. i_ A survey of the permanent control measure, performed by a Professional Land Surveyor, may be required to verify volume capacity with the recorded As -Built drawings. iv. The volume of the permanent control measure, calculated from the survey, may be required to verify capacity with the recorded As -Built. The report confirming adequate storage capacity of the permanent control measure shall be signed and stamped by a licensed Professional Engineer in the State of Colorado. iii. Alternative methods used to meet the intent of this Section may be allowed on a case -by -case basis. Allowable methods shall be determined by the Department of Public Works. 5. Change of Ownership. Upon sale of the property, the obligations to maintain Permanent control measures shall be a covenant running with the land in perpetuity for the benefit of the County. Exemptions. The MS4 Permit allows for specific exemptions to Post -Construction requirements. However, the Department of Public Works shall review and accept each exemption prior to use. Use of an exemption without prior acceptance by the Department of Public Works is a violation of this Article. A list of allowable exemptions under the MS4 Permit can be found in the Weld County Engineering and Construction Criteria document (Sec. 8.13, Stormwater Quality/MS4 Requirements). D. Enforcement. Failure to comply with this Section is a violation of this Article and enforcement procedures shall be pursued as detailed in Section 8-9-130. Sec. 8-9-110. - -N ti i CDPS Permitted Discharges. A. -N -tt -nd4ng other recwi eren- s -of law a -s --s - a- perso-n who owns, ocu-p-ies, opeF tosir is -otherwise i-se res p o n s i bl p- s-i-s es r -o -r is re . 7 n-s-i ble-for the emerg e n cy r -pen —se —for -such p re m-i s , has information of any kno-r n-r-su-spp ted-r-e e of a no Ror -te-r- or hazardous material discharge 1nfl-rmwat-e r, a n MS4--o r to any waters -of th tatea-id-p-arso- hall take a l I necessary -8 -to ensure -the -di -o o ta1n1m e n t and cleanup -of such re leas &Add-i t, i o n a l l y, such- _ p re-s-po-n s ,e-foc-e-m rgeRcysspe-n-s-i-on--ef-aa l activities -that -are -the -cause of the-rele-ase a n c shall is rrective r - a r -to-mi i at- nd-control discha B. l-n-t-h-e--e-ve nt-o f a re -lea -se -o -f -h aza rd o u -s -matte; a Is into stormwater, r, a-n--y---M r or any waters of the State, said--pecsen-s-ha-Il immediately -notify -emergency respon-se agenci rr�rGe via -emerger5cy dispatch -services. In the -eve -roof a-nenstoc-mater-- r-g-e--i-n49--s-t -r,mwater, any-MS4-or in -to ary waters of the State, said peon shall notify -the Department o^ -Public WSks-i- --pe son or by phone or facsimile -rte-I c-th-a-n-t-h-e--next business d-ay--Nmotif icatio n -s-- n-pia--or---b o e- h :I-I-b-e--&onfirm b written-ne -ce-adSe-ssed-and ma- lei, t ie-D epa rtm went o d -P u b I i c Works w i-th i-n tg ree (3-) busi-r5 e-ss-- y -s -o -f th-e- C. If the discha rg-e-o ,ham rd n, F- ,atecial€-o r no n s-toy-rn e -r --e m -a -n s ro--a----com m- i a l or indu-strial establishment, the -owner, operator or occ-upier of such e -a- -I - — sh-al-so-rte • in --an on -site written r scocd-of-t-be-fl ch-a -ge--a-n-d prevent--u-rren-c--c- sh -For ,a II beretained-for at -least -three (3) yeas& (A-bov-e-4 letio r'n'o-v-end-- --S ec'ti-9n x-470) Any person issued a CD -P=S i n -e u -S tr- a ! arid/or cons-tr u ci ors acti-v-i permit for s to c-mAiva to r d i s c h a + properties-Iy-i-n-g- i- h-i-n1CDPS permit certification for activities taking place within the designated MS4 or discharg to the MS4, shall comply with all provisions of such permit. Proof of compliance with such permits may be required in a form acceptable to the Department of Public Works prior to allowing discharges to an MS4. [LH6J Fh the provisions of soh -permits is a violation of this Article. Sec. 8-9-120. - Suspension of MS4 access Access to Premises A. Emergency -suspension due to i heit d o"Yar e h e Dirt-me-nt-©f-P-u-b I is Wo r - notice, seek the suspension -of M -S4 d-i_s -h -r -e--aeces-s --a-gesso-n an-d/or p -re m i-se.s-when-such s -use -n s i o n--is-n ec essa-ry to —s -top -a n-i -i c i-t-dl s-ohca-rg e-- or t h--reate n ed di -s -c -h a rg-e-v hieh-p re-sti s r may present, i m -m-i-nen4 _ a n d-su-b&ta iai danger to -t en -b n m e n -t, to the health o el-far-ee-o f pe rso -s-o r --to any M -Sit -or waters -of -the State-.--If-the violator -fails -to comply with a suspension-oc ter-i ss u ee in an emergency, - the Department of Pub-l-i-c Works rnnecessary to prevent or minimize darmag,La-a-n S4 or waters of the State or to minimize danger to persons. Lc----A-pecson oommits an offense if the person reinstates MS4 ac Public Works. o Section 8-9-130) The purpose of this Section is to gain access to a premises for illicit discharge investigations, construction activity inspections and post -construction inspections. This Section applies to all premises within unincorporated Weld County that are, or may be, discharging to the MS4. A. The Department of Public Works shall be allowed to enter and inspect any premises subject to this Article as often as may be necessary to determine compliance. If security measures are in force requiring proper identification and clearance before entry into the premises, the owner, operator or occupier shall make the necessary arrangements to allow access to Department of Public Works personnel. B Premises owners, operators or occupiers shall allow Department of Public Works personnel ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying records that must be kept under the conditions of any CDPS permit, and any additional duties required to determine compliance with this Article or applicable state and federal law. C. Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the owner, operator or occupier at the written or oral request of the Department of Public Works and shall not be replaced. The costs of clearing such access shall be borne by the owner, operator or occupier. D Refusal to allow, or unreasonable delays in allowing, the Department of Public Works access to the premises for the purpose of conducting any activity authorized or required by this Article shall be a violation of- an -y -CD -P- S-pe- -a d -of this Article. E. If the Department of Public Works has been refused access to any part of the premises from which discharges occur or may occur, and the Department of Public Works is able to demonstrate probable cause to believe that there may be a violation of the CDPS MS4 Permit and/or this Article or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with any CDPS the MS4 Permit or this Article, or to protect the overall public health, safety and welfare of the community, then the Department of Public Works may seek issuance of a search warrant from any court of competent jurisdiction. F The Department of Public Works shall have the right to set up on the premises such devices as are necessary in the opinion of the Department of Public Works to conduct monitoring and/or sampling of discharges. G The Department of Public Works has the right to require the owner, operator or occupier to install monitoring equipment as necessary. The owner, operator or occupier shall, at his or her own expense, maintain at all times, in safe and proper operating condition, the sampling and monitoring equipment. All devices used to measure discharge or water flow and quality shall be calibrated to ensure their accuracy.![LH7] Sec. 8-9-130. - Enforcement Procedures. A. Emergency Suspension of MS4 Discharge Access. The Department of Public Works may, without prior notice, seek the suspension of MS4 discharge access to a person and/or premises when such suspension is necessary to stop an illicit discharge or threatened discharge which presents, or may present, imminent and substantial danger to the environment, to the health or welfare of persons or to aka the MS4-or-wat-ers f the State. If the violator fails to comply with a suspension order issued in an emergency, the Department of Public Works may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section without the prior approval of the Department of Public Works.[LH81 B -ra-Informal Notice of Violation. Except-where-emergencyua-n4 u °section 8--9-11-8:-A bid-eExcept where a threatened discharge exists and/or emergency suspension is necessary, the Department of Public Works shall attempt to provide an initial oral --informal notice to a person violating this Article. Such notice shall specify the location, type and severity of the violation and request that such person take immediate action to address the violation. Notices of violation are followed by compliance inspections to ensure the violation has been resolved. Failure to correct the violation within the specified time will result in a formal notice of violation. In the event reasonable efforts to communicate oral -the informal notice to such person are unsuccessful, writ i. _ a formal notice of the violation pursuant to Subsec n- --b --shall be issued by the Department of Public Works. Causes for informal notices of violation include, but are not limited to: 1. Improper handling, storage or disposal of potential stormwater pollutants; 2. lnadecuate or im Drooerly maintained temporary control measures at a construction site either active or inactive; and/or 3. Required routine maintenance of a permanent control measure. C W-r4ten-Formal Notice of Violation. If the violation for which oral -informal notice was given pursuant to Subsection 8-9--130.A. aEove has not been resolved within fourteen (14) days of such era- notice, oc-wh-e-re- csasonab-9e-effer s to -communicate oral-n-etiee-fli-l-e-d, and except where emergency suspension is necessary pursuant t - -s cticn 8 4m120.A—a-hove, the Department of Public Works shall provide a w, itteR formal notice of violation to persons violating this Article. Formal notices of violation are also issued for recurring violations and/or violations more severe in nature. Notices of violations are followed by compliance inspections to ensure the violation has been resolved. Recurrinc. violations may result in fees being assessed in accordance with Section 8-9-140 and/or enforcement methods being pursued in accordance with Section 8-9-150. Causes for formal notices of violation include, but are not limited to: 1. Illicit discharges or threatened discharges to the MS4: 2. Construction commencing without a Grading Permit and/or MS4 Site Plan acceptance; 3. Construction commencing without notifying the Department of Public Works to schedule routine inspections; 4 Failure to implement adequate control measures at a construction site; 5. Recurrent violations, such as inadequate or improperly maintained control measures, at a construction site; 6. Failure to complete corrective actions from previous construction inspections; Failure to install permanent control measures at a site that has cumulatively disturbed greater than or equal to one acre; 8 Inadequate functioning, improper use or removal of a permanent control measure, and/or 9 Failure to submit required documents confirming adequate storage capacity and/or functioning of a permanent control measure. Such notice shall describe the nature of the violation and may require without limitation: 1. That monitoring, analyses and reporting be performed; 2. T- ici-t-oo € an-d-ineg discharges- b - -b That illicit connections and/or illicit discharges be abated; 3 T-anstormwater oolon-or contamination hazard--be-abated and/or r any affected property be -ad; and/or That stormwater pollution be remediated and/or Potential pollutant sources be abated and any affected prooerty be restored; and/or 4 That -source Gan' o trea#- e control measures be implemented. That source control or treatment If abatement of a violation and/or restoration of affected property are required, the notice shall set forth a reasonable deadline within which such remediation and/or restoration must be completed. The written notice of violation shall be served by hand delivery or by certified mail, return receipt requested. C -A-p-pea-I-of rit -n nod a -ti n- 1. Any person receiving a w i-tten---formal notice of violation may appeal the determination of the Department of Public Works to the Board of County Corn issjsarar. The notice of appeal must be received within fifteen (15) days from the date of the A notice of violation. A hearing on the appeal before the Board of County Commissioners shall take place within fifteen (15) days from the date of receipt of the notice of appeal. The decision of the Board of County Commissioners shall be final. 2 -.-If the violation has not been corrected pursuant to the requirements set forth in the written formal notice of violation or, in the event of an appeal on or after the fifteenth day after the decision of the Board of County Commissioners upholding the decision of the Department of Public Works, the Department of Public Works may pursue an administrative entry and seizure warrant for abatement pursuant to Section 30-15-401(11), C.R.S., in addition to any other available civil or criminal enforcement pursuant to Section 8-9-150 below. DT -Administrative entry and seizure warrant for abatement. If the time specified for abatement in the written notice of violation has expired, or on or after the fifteenth day after an unsuccessful appeal of the written notice of violation, the Department of Public Works may petition the court for an administrative entry and seizure warrant for abatement pursuant to Section 30-15-401(11), C.R.S. The Board of County Commissioners may assess the costs of the abatement specified in Section 30-15-401(11), C.R.S., and such costs shall become a lien against the property from which the causes of violation have been remediated, as further described in Section 8-9-140 below. Sec. 8-9-140. - Collection of Costs. A. Costs for compliance inspections may be assessed at an hourly rate or an amount reasonable to minimize the occurrence of recurrent violations. B Cost of abatement may be assessed. Upon notice to, and failure of, the property owner, operator, occupier or other responsible party to abate or mitigate the discharge of pollutants, the Department of Public Works may perform the work needed to comply with this Article an•d-any app-lea-tate CDPS per - it. The whole cost thereof, including five percent (5%) for inspection and other incidental costs in connection therewith, shall become an assessment upon the property from which such condition has been abated or remediated. The Department of Public Works shall keep a written record of all such costs, which shall be part of the file for the County's Stormwater Management Program required by the Ceun-yy's--C-DP-S_psrm4tMS4 Permit. C. Assessment becomes lien. Any assessment pursuant to this Article shall, once recorded, be a lien against such property until paid and shall have priority based upon its date of recording. In case such assessment is not paid within sixty (60) days after notice is mailed to the property owner, it may be certified by the County Clerk and Recorder to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collections of assessments pursuant to this Article. Sec. 8-9-150.--;9-1-a-tions, e ocee-m-e-n-t-penalties. Enforcement and Penalties for Unabated Violations. A. Criminal prosecution. Any person who has violated or continues to violate this Article shall, in addition to any enforcement action authorized by this Article, be liable to criminal prosecution to the fullest extent of the law and shall be subject to a criminal penalty authorized pursuant to Articles 15 and 35, Title 30, C.R.S., and any other applicable law. The County may recover all attorneys' fees, court costs and other expenses associated with enforcement of this Article, including but not limited to sampling and monitoring expenses. B Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Article is a threat to public or environmental health, safety and welfare, is declared and deemed a nuisance and may be summarily abated or restored at the violator's expense and/or a civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken. Sec. 8-9-160. - Remedies Not Exclusive. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, state or local laws. It is within the discretion of the Department of Public Works to seek cumulative remedies. Sec. 8-9-170. - Severability. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Article, or the application thereof to any person, establishment or circumstances, shall be held invalid, such invalidity shall not affect the other provisions or application of this Article. ARTICLE X - Construction Site -o-Emw-a-ter Regulatien -least ten (10) -days prior to the commencement -o tc ��°�� n ��° tid-i-;s. urbing at least one (1) ate •-o-f land (or part of-a4arger common plan of dev eie-p ent or sale t a—t-„l-d-istu-rb at !east one [1} aor-e) located in the County, the owk rator must apply for an- Mai-a-Genst u-c-tion Stormwater Gener-a-l- Permit (hereinafter referred _ to -En this -Article as "Stormwater Permit"), • Colorado De-aartmen-t of Public Health and- iro-nm-ent, Wate- ivision. The owner or operator mus the-te, mrs and conditions set-fel/1h in the S4orrvater Per, t• tabilized. The term finally stabilized mean -s- Rs -That -a -it- d-a-teats-h-av -be, n either built on, paved or a uniform -vegetative -cover has been establi-shed with--a--d= -ity-of at last -s -eve -n eree nt (70%) of peed istu rba n --l-e-ve s, or equivalent permanent, physical erosion-r-ed-uctiec ethods have -been -employed. EAAL `Ode Ordinance 2005 _ 9) Sec. 8 10 20. -R-Factor As an alternative -to applying fog n4-c-bta-i n i n g a Storm—waterr Permi rator may -apply for and obtain an -R -Factor waiver, if the--Gen-s-truction one-(1ere -n-d-less _ than five -ham R -Factor waiver-a-llows the owner or open atoc- -a- p-$l-y-fo-r + a r-fre rmwatec permit requirem-e-n-P1h-en the -R= Fa -c -to :as calculated using-thes$-ate prov d, is less than five -(5), --The R -Factor is a way to ma--asure-era rem-po4ential based o, the--len-g-th-e-, `t- --p-r eet and time of-y-ar Sec. 8 10 30. 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The G1S database and and the acairacy and completeness cannot be and is i`w,Aa Erie EPA Urban Area Census 2000 Population 1.752 52 not guaranteed. The designalon of lots or parcels or land uses in the data base does not imply that the lots cr legally that to land with applicable State parcels were created or uses comply law. Erie or Local UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES No WARRANTIES OR OUAPANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY. OR r- --- 1 We i C Co t.1n ty _ 1 CORRECTNESS OF SUCH PRODUCT. NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. No part of he product may be copied, reproduced or transmitted in any term or by any means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording. Road scanning. or by any intcsmalion retrieval system or arty non -approved purpose witttbirt the express written consent of Weld County_ Produced by Weld County GIS 4 StormWater • .x Legend Evans - La Salle ERA Urban Area Road t Evans - City Limits 1/4\1 Evans Garden City ''_;. Greeley La Salle .252-1 Disclaimer This product has been developed solely forintemal use only by Weld County. The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of tots or parcels or land uses in the data base does not Imply that the tots or parcels were legally created or that the land uses comply with applicable State cc Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT. NOR ACCEPTS ANY LIABILITY. ARISING FROM ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. No part of the product may be copied, reproduced or transmitted in any form or by any means whatsoever. including, but not limited to, electronic, mechanical, photocopying, recording, scanning, or by any Information retrieval system or any non -approved purpose without The express written consent of Weld County- Produced by Weld County GIS �*- o r b a -n -Are` -a —Ste r r'r-Itr ti rt e -r P h a Star e ,c tr • ,y J•ys d-"7" } �. F .e A• d � bi.y • -.. r t y `y, t- .• ...,..• s ` r's. a r= y ... ter. •t. a '. s r -i . _lS } ₹. r -,....r 1 ,. , r i a .y, r x f' ` 4.:4:17'.:.,. sr..0 rt 9 a .. c 1:.. i a- •.::1. ..-...y`, v i,:.� e x.-_•HA''.,..a.s.1.4m.,...:11;sr.t...... r r .e .a t ^r :- a• b -• -1 `.1 ts+"•a-.. : +.w r• - i. s 2.�,.. . . ...... .. i , ...... -��...r Via✓'+ .If..... - -e .. .. a- .§ 7 r. =«...Sai w n 4 r^ • ... Ur .[q,.j' 3. , Y • 1_ • - .1 aiyl>-ieLa . 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The GIS database and data in the product is subject to constant change and the accuracy and completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the data base does not Imply that the lots or parcels were legally created or that the land uses comply with applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR ANAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREIN. No part of the product may be copied, reproduced or transmitted in any form or by any means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording, scanning. or by any information retrieval system or any non -approved purpose without the express written consent of Weld County. Produced by Weld County GIS E I -E S ,E - +.>4C -E— lea R-M-WAT E R Ufa! ILT -.F FEE4 WED-Utreal-Wpdated -04129094 ntY/ rrin Y e a?br`.;ti -Fees -Month-lyaer siwRty> s9 • • •' see F = _ V Monthly User Fee, Fee St s ct Resk-dent-i4 Gem m er.c i-a--�-I-'rf -a-s.. r a Car-n-m-u-n-i-tacras IMP j Per dwelling unit 'Per -2-0,000 sq- ---e r 4e -n ---t om-eo$ (Weld Co Fn4y-Ged-e Q- nnc° 2003--2; l aid--- a c i; a009- �-L- SE -PA/ �� P STOR -V ATE R UTILITY S Drainage -Fees .-. ;D.es epmen+ Development Fee F r. �, t� �F -e-s-i-e TFene Undeveloped r -O pe rty ≤�-10 9 ft. sq. ft. Undeve4&ped prepare- -:0-00 sera 00.00 $5.00 Moan Aemmeworlow $110-.00 per co- i we $--50-0700-F ea- q—Jt. o a over--IA-000 sq. ft.; �ty� 't {� 1 vb 6.: g00-. 9-fe r each mns-r refit- p -re f- 4 - -i--D---i- Co n nev--V ln4u s i.aprrepecty S. P3,00,0 AIM 1 ' wed a -e -r y >a 10,000 t, Storm -Drainage Fees - Gr U 6e 1,14* 1..S.M.,ahrsexereaxe,net S-7-5 ' • . 4e f B seq. ft. et area eve-r4,.970,OO s wM e it -4-keto a Fee to uct e Rate Residential .G.o-m e-rVindustria!;-M matured Home CommuRi Per-thme-1-1-ing-unilt Per 2.-0,900-sq. ft. or f ra ct-o-n thereof .et4Ge -nrt o--'cca snce 2003 2; Weld County Cod -e -Ordnance 2009-5) P P E N D I- - GP LEY ��rC E AREA STGR-M -, U-=i-.Ls-TAE- -E.E S - (Update CIT-V , ..rte IL1 03-/-18104 O Residential -i-t^a-e Resident E a-te-Fl- Rate Residential Low-Den-stty t tc 04-5 r Flat Fee Ftf .. a • a..vvu+vuwn..wiuuxw Reside -a-1 Medium :(145, Rest -a i # - �;ty -R-e MMdent .i`M4- --1-e- Home -lrn--st-u-t is j 0.5 acres (21,78.0 sq. ft.)-te 2.0 aeres-f8-7420 sq. ft.) Any --e5 0 e- o S `- r p,+e y over two-(-2--) acres '0.65 Gag 04-7 -7 Primarily o-nefa ily - filings, 0 to 21,780 sq. ft. -(a-'-gincIude tow • -emesand-co et t h--- a - gt--vane- y} avnefreY ismAn Mau -a d i n g, s i e—ar-a-- t ie-n- -r off, o -n } 5#hc -e (3) or more u -n- ts (a p ar-t en - s, - n d -o s, W' a . e _ net as -three -4) o r -mer el -A -e-- Gmes- o n one parcel Awe -Ai -es actively used by C- -ibis— o -e sot4cIude church pr - l -es Church F tn-stitution - Schools s t-iaut i o n - Other gigis . i"�-' stria" Commercial Com-mereial tow Ine Exempt 07-50 p.e art4e s 1 I' -d --b-- Go-rrectiona-I-f ...es, hos -b -i-e— o•4- -a_ ' � . 44-i4p r e -s --a- --4i- -i-1-a-r- 1 'e -n -m -a- 4 an 9 1 a-ct u- I n g, p ro-&. ate%.. tn'g, sass +b me-, s u`p o-rt- i `v-i tangible persona!---pcop-perty, researehr4acitities, exp i- -en tal-- r testi-ng 80 rate -rtes, ware ho -uses, d is riu t 'n mei-NIA-etcsa-e.&es-,— ��.. -e-A - farci°iti-es---ai cr-a hangars and -Via- ac B ams's for ai-reraft, a-nd--m-aimenanee or- sec ur°ty-of-th=e uses -set o o7 0.65 Defined as Regional; i.e., G-, -al0i, Target, King Soo.pers3 - bet ens, Horne -De -pot Ka-hl's, New a -o - -s ; /Car Dealerships, Fast Fast--id-rants, Hotels, Motels, e - Defined --as eighborhoo-_��m-erctap Wse-o-r-ice Use, or does not fit into one -o- h1a-beve categories All landd a-ti-areIy use- fe-r -agriculture. lined as -a- 4-- ea per cow land use recur-ds Public Parks a nd-ce4n ervat on Districts Excrnpt €xe m pt & e m pt All publi-c b I i-c or p ri-v-ate-pun-d.IS s, re se -r° i-rs, - r4 rs, creaks, -t ur-aal ,. -t e-reo-ar-s-e-s-,we-tie-Rd-sr-date n ion n --kcn Atl-p-ubtic street -s, eterys, -rs-Og-ts' - F ts- and -alleys x/ryryMYNNiAtiwoeuiveonvornowt.*xyfn/Mnnye whir. v[oi/.'/.x'vuMmiiall WAWA' } AI_ -r a i re a- r-i- h s --- tY-a e:c-e-p' e T� �' rep e rt rail -re -ad purpose -s 7w�ym/�§m�Q}m�tB}NeiwmsWn/n.�"��v'T'i1n,�a.�'r,Mrawi�uvvwrv/.4u.�t'/SAM/�urv�]i.^✓�.�/'+w'�v�n�i.��q 4 8 9 Y kce i_ 0® u Ws rJ' ft C -Factor- ' ' d -Runeefficient, exp res-sing the ratio --o a e -e-f-r-u o - --Rt-eof-i nfa I I. Starm-water i t e--- te-- c- iea---- -Totai -- -u-a c-- a -e -of --Le - -ice I x C- F aet er - -yr r. v -7 Id-- se x $0.004361. (Weld County Code Q -r -d-!-- ace 2003-2; Weld County -C d4-a-n-ce 2009-53 Hello