HomeMy WebLinkAbout20191793.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-05 was introduced on
first reading on May 8, 2019, and a public hearing and second reading was held on May 29, 2019.
A public hearing and final reading were completed on June 17, 2019, with a change being made
as listed below, and on motion duly made and seconded, was adopted. Effective date of said
Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: July 1, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: June 21, 2019
PUBLISHED: June 26, 2019, in the Greeley Tribune
*******
CHANGE MADE TO CODE ORDINANCE 2019-05 ON FINAL READING
TO READ AS FOLLOWS:
ARTICLE X - Repealed and Reserved.
0201 9- /7 9L5
Affidavit of Publication
NOTICE OF FINAL READING
OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2019-05 was introduced on first reading on May 8, 2019,
and a public hearing and second reading was held on May 29,
2019. A public hearing and final reading were completed on June
17, ,2019, with a change being made as listed below, and on mo-
tion' duly made and seconded, was adopted. Effective date of
said Ordinance is listed below. Any backup material, exhibits or
information previously submitted to the Board of County Com-
missioners concerning this matter may be examined in the office
of the Clerk to the Board of County Commissioners, located
within the Weld County,Administration Building, 1150 O Street,
Greeley, Colorado, between the hoursbf 8:00 a.m. and 5:00
p.m., Monday thru Friday, or may be accessed through the Weld
County Web Page (www.weldgov.com). E-mail messages sent
to an individual Commissioner may not be included in the case
file. To ensure inclusion of your e-mail correspondence into.
the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05
ORDINANCE TITLE: IN THE. MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS; CHAPTER 8 PUBLIC
WORKS, OF THE WELD COUNTY CODE
EFFECTIVE DATE: July 1, 2019
BOARD OF. COUNTY COMMISSIONERS
WELD COUNTY; COLORADO
DATED: June 21, 2019
PUBLISHED: June 26, 2019, in the Greeley Tribune
CHANGE MADE TO CODE ORDINANCE 2019-05 ON FINAL
READING TO READ AS FOLLOWS:
ARTICLE X - Repealed and Reserved.
The Tribune
June 26, 2019
STATE OF COLORADO
County of Weld,
I Jennifer Usher
ss.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Twenty -Sixth day of June A.D. 2019 and the
last publication thereof: in the issue of said
newspaper bearing the date of the
Twenty -Sixth day of June A.D. 2019 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3,1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
June 26, 2019
Total Charges: $11.68
2th day of June 2019
My Commission Expires 08/13/2022
Notary 020141.- / 793
VICKIE G GARRETTS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-05 was introduced on
first reading on May 8, 2019, and a public hearing and second reading was held on May 29, 2019,
with no change being made to the text of said Ordinance. A public hearing and third reading is
scheduled to be held in the Chambers of the Board, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado 80631, on June 17, 2019. All persons in any manner
interested in the next reading of said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: June 17, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 31, 2019
PUBLISHED: June 5, 2019, in the Greeley Tribune
X0/9- /793
Affidavit of Publication
NOTICE `
OF SECOND READING OF'ORDINANCE
Pursuant to the Weld County He Rule Charter;:Ordinance
Number 2019-05 was introduced on:first reading on May 8, 2019,
and a nubile hearing and second reading was'held on May 29...
2019, with no change; beingmade to the text of said Ordinance. z
A public hearing and third reading is: scheduled to be held in the r
Chambers of the Board; located within the Weld County Admin-
istration Building, 11500 Street,. Greeley Colorado 80631,on'•
June 17, 2019. Alf ppersons in any manner interested i The next
• reading of said Ordinance ` are requested to attend and bte.
heard Please'contact the Clerk to the: Board's Office at phone
(970)400 4225, or fax ((970} 3364233; Odor to the day of the
hearing IL, as a result of: a'disabiliil you require reasonable ac-
commodations in order to participate klahis hearing.Any backup ..
material; elihibits er information previously submitted to the
Board of County Commissioners concerning this matter may be
examined in the ofiice'of the Clerk to. the. Board: of County Com
missioners, located within the:Weld County Administration Build
ing, 1150 O Street, Greeley; Colorado, between the hours of
8:00 a.m' and 5:00 p.m.; Monday thru Friday, or may. be ac
ceased through'the' Weld County. Web Page (waw:weldgov cam •
j: E-mail messages sent to:an individual Commissioner may not
be included in:thecase file:; To ensure inchtsionofyour e-
-mail correspondence Into the case filecaSe filk please send a copy
taegesick@weldgov coin.
• ORDINANCE NO 2019-05
ORDINANCE TITLE:. IN THE MATTER OF REPEALING AND
REENACTING: WITH AMENDMENTS; CHAPTER 8:PUBLIC
WORKS; OF THE WELD. COUNTY CODE
DATE OF NEXT READING:: June: 17; 2019 at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY COLORADO
DATED:: May 31 2019 . •
The Tribune
June 5; 2019; -
STATE OF COLORADO
County of Weld,
I Jennifer Usher
SS.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
contained in the
Fifth day of June A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Fifth day of June A.D. 2019 has been published
continuously and uninterruptedly during the period
of at least six months next prior to the first issue
thereof contained said notice or advertisement
above referred to; that said newspaper has been
admitted to the United States mails as second-class
matter under the provisions of the Act of March
3,1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for
publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
June 5, 2019
Total Charges: $11.88
5th day of June 2019
My Commission Expires 08/13/2022
N\(,:c-,3
Notary Public
VICKIE G GARRET 'S
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144031754
MY COMMISSION EXPIRES AUGUST 13, 2022
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-05 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
May 8, 2019. A public hearing and second reading is scheduled to be held in the Chambers of
the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on May 29, 2019. All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your e-
mail correspondence into the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 29, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: May 10, 2019
PUBLISHED: May 15, 2019, in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2019-05
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 8
PUBLIC WORKS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the
authority of administering the affairs of Weld County, Colorado, and
2019-1793
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby
are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as
follows.
CHAPTER 8
PUBLIC WORKS
Delete ARTICLE VII - Stormwater Management Programs, in its entirety.
ARTICLE IX - Municipal Separate Storm Sewer System.
Amend Sec. 8-9-10. Title.
This Article shall be known, and may be cited, as the "Weld County MS4 Stormwater Quality
Ordinance."
Amend Sec. 8-9-20. Authorization.
A. The County is required by state and federal law, and as a condition of its MS4 permit, to
establish by ordinance methods for controlling the introduction of pollutants to 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 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.
D. 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."
F. 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.
Amend Sec. 8-9-30. Purpose/Intent.
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
the 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 (1,000) or more people per square mile based on U.S. Census data.
B. Article objectives:
1. To regulate and prevent contributions of pollutants to the MS4 by any person;
2. 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.
Amend Sec. 8-9-40. Applicability.
The provisions of this Article shall apply in the unincorporated areas of the County located within,
or discharging to, the current or future designated MS4 area specified in the current MS4 Permit
issued to the County.
Amend 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 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'.
Colorado Discharge Permit System (CDPS) means the State's system of permitting
discharges (e.g., stormwater, wastewater) which corresponds to the 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 1/4 mile). Examples may include subdivisions; master drainage
plans and phased construction.
Construction Activity means ground 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 Discharges, 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 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 the MS4, including but not limited
to any conveyance which allows any nonstormwater discharge such as sewage, process
wastewater and wash water to enter the MS4, and any connection to 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 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 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 State;
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 8-E.
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.
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 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 sand; wrecked or discarded equipment; heat; or any
industrial, municipal or agricultural waste.
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.
Delete Waters of the State of Colorado.
Remainder of Section — No change.
Amend Sec. 8-9-60. Responsibility for administration.
The provisions of this Article are hereby vested 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.
Amend Sec. 8-9-70. Illicit Discharges.
A. Prohibitions.
1. Illicit Discharges.
a. It shall be unlawful for any person to discharge or cause to be discharged into the MS4
any pollutants that cause or contribute to a violation of applicable water quality
standards. Subject to Subsection D. below and all applicable county, state or federal
discharge regulations, only stormwater may be discharged into the MS4.
b. 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 the 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 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.
B. Notification of Discharges.
1. Notwithstanding other requirements of law, as soon as any person who owns, occupies,
operates 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
nonstormwater or hazardous material discharge to the MS4, 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 to the MS4, said person shall immediately
notify emergency response agencies of the occurrence via emergency dispatch services.
In the event of a nonstormwater discharge 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.
C. 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 and require control
measures for any activity which may cause pollution or a threatened discharge to the MS4.
The owner, operator or occupier, at his or her own expense, shall provide reasonable
protection from the potential discharge of pollutants to the MS4 through the use of
structural and/or nonstructural, temporary and/or permanent 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 control measures to prevent the further or future discharge of pollutants to the
MS4.
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. 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 pesticide application shall be followed, and all required
certifications shall be obtained.
5. Sediment. Stockpiles shall be adequately managed to prevent offsite discharge, and
access points shall be free of 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, 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.
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.
Amend Sec. 8-9-80. Pre -Construction.
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 required documentation necessary to comply with MS4 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 (SWMP). 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 locating all temporary 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.
b. 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 involving fertilizers, pesticides, detergents, fuels,
solvents and oils;
ix. Concrete truck and equipment washing;
x. Dedicated asphalt and concrete batch plants;
xi. Other areas where spills can occur; and
xii. Other nonstormwater discharges including 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, Stormwater 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.
e. 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.
Amended Sec. 8-9-90. Construction Activity.
A. Purpose.
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
applicable to Post -Construction requirements in Section 8-9-100.
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.
Amend Sec. 8-9-100. Post -Construction.
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.
a. In accordance with the MS4 Permit, discharges from applicable sites shall 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.
b. 'Base design standards' can be found in the Weld County Engineering and
Construction Criteria document (Sec. 5.13, Stormwater Quality/MS4 Requirements).
c. Permanent control measures implemented for compliance with this Section shall be
located within the jurisdiction of Weld County until annexed by a municipality.
2. As -Built Submittal.
a. After installation of a permanent control measure is complete, a certified As -Built
drawing, signed and stamped by a licensed Professional Engineer in the State of
Colorado, shall be submitted to the Department of Public Works to be recorded.
3. Final Inspection and Acceptance.
a. 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.
a. 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 and 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.
ii. 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.
a. 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.
C. Exemptions.
1. 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.
2. A list of allowable exemptions under the MS4 Permit can be found in the Weld County
Engineering and Construction Criteria document (Sec. 5.13, Stormwater Quality/MS4
Requirements).
D. Enforcement.
1. 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.
Amend Sec. 8-9-110. CDPS Permitted Discharges.
A. Any person issued a CDPS permit certification for activities taking place within the designated
MS4 or discharging 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.
Amend Sec. 8-9-120. Access to Premises.
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 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 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 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.
Amend 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 the MS4. 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.
B. Informal Notice of Violation.
Except where a threatened discharge exists and/or emergency suspension is necessary, the
Department of Public Works shall attempt to provide an initial 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 the informal notice to such person are
unsuccessful, a formal notice of the violation 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. Inadequate or improperly maintained temporary control measures at a construction site,
either active or inactive; and/or
3. Required routine maintenance of a permanent control measure.
C. Formal Notice of Violation.
If the violation for which informal notice was given has not been resolved within fourteen (14)
days of such notice, and except where emergency suspension is necessary, the Department
of Public Works shall provide a 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. Recurring 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;
7. 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. That illicit connections and/or illicit discharges be abated;
3. That stormwater pollution be remediated and/or potential pollutant sources be abated and
any affected property be restored; and/or
4. That source control or treatment control measures be implemented.
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.
Any person receiving a formal notice of violation may appeal the determination of the
Department of Public Works to the Board of County Commissioners. The notice of appeal
must be received within fifteen (15) days from the date of the formal 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.
If the violation has not been corrected pursuant to the requirements set forth in the 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.
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.
Amend 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. 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 MS4 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.
Amend Sec. 8-9-150. Enforcement and Penalties for Unabated Violations.
Remainder of Section — No change.
Delete ARTICLE X - Construction Site Stormwater Regulation, in its entirety.
Amend 8-E — See attached.
Delete 8-F, 8-G, 8-H, 8-I and 8-J.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
Affidavit of Publication
STATE OF COLORADO
County of Weld,
I Vickie Garretts
ss.
of said County of Weld, being duly sworn, say
that I am an advertising clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
Fifteenth day of May A.D. 2019 and the last
publication thereof: in the issue of said newspaper
bearing the date of the
Fifteenth day of May A.D. 2019 that said The
Greeley Tribune has been published continuously
and uninterruptedly during the period of at least six
months next prior to the first issue thereof
contained said notice or advertisement above
referred to; that said newspaper has been admitted
to the United States mails as second-class matter
under the provisions of the Act of March 3,1879, or
any amendments thereof; and that said newspaper
is a daily newspaper duly qualified for publishing
legal notices and advertisements within the
meaning of the laws of the State of Colorado.
May 15, 2019
Total Charges: $292.92
L:c9eiSAL‘yjtizp.
15th day of May2019
My Commission Expires 02/19/2023
5
JERILYN L MARTINEZ
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20074006708
MY COMMISSION EXPIRES FEBRUARY 19, 2023
B10 TRIBUNE
NOTICE OF FIRST READING
OF.ORDINANCE •
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-05 raved
published below, was introduced and, on motion duty made and seconded, app
upon first reading on May 8, 2019. A public hearing and second reading is scheduled
to be held in the h
Administra-
tion Building; 1150 O Street, Greeley, Colorado 80631, on May 29, 2019. All persons
in any manner interested in the reading of said Ordinance are requested to attend and
may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225,
or fax (970) 336-7233, prior to the day of the hearing •if, as the result of a disability,.
you, require reasonable accommodations in order to participate in this hearing. Any
backup material, exhibits or information previously submitted to the Board. of County
Commissioners concerning this matter may be examined in the office of the. Clerk to
• the Board of .County Commissioners, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m, and'5:00
p.m., Monday thru Friday, or may be accessed through the Weld County Web Page
(www.weldgov.com). E-mail messages sent to an individual Commissioner may not be
included in the case file. To ensure inclusion of your e-mail correspondence into.
the case file, please send a copy to egesick@weldgov.com.
ORDINANCE NO. 2019-05 •
ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH
AMENDMENTS, CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
DATE OF NEXT READING: May 29, 2019, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO •
DATED: May 10, 2019 **„
•
WELD COUNTY
CODE ORDINANCE 2019-05
. IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 8 PUBLIC WORKS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUN-
TY OF WELD, STATE OF COLORADO: •
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colo-
rado, pursuant to Colorado statute and the Weld County Home Rule Charter, Is vested
• with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County
of Weld; including the codification of all previously adopted ordinances of a general
and permanent nature enacted on or before said date of adoption, and'
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County
Code be, and hereby are, repealed and re-enacted, with amendments, and the various
Chapters are revised to read as follows.
CHAPTERS
PUBLIC WORKS
Delete ARTICLE VII - Stormwater Management Programs, in its entirety.
ARTICLE IX - Municipal Separate Storm Sewer.System.
Amend Sec. 8-9-10. Title.
This Article shall be known, and. may be cited, as the "Weld County MS4 Stormwater
Quality Ordinance."
Amend Sec. 8-9-20. Authorization.
A. The.County is required by state and federal law, and as a condition of its MS4
permit, to establish by ordinance methods for controlling the introduction of pollutants
to the pursuant to and' consistin order to ent pith state statutestect and enhance and nde ater regulationsof the and the Clean oftheState,
Act.
B. Section 30-15-401; et seq., C.R.S., enables counties of 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. •
IC. ssuedtion an MS4 Permit pursuant to Part specifically of Article 8autof Title scounties 25, C.R.S., to t adopt a
stormwater ordinance to develop, implement and enforce the Stormwater Management
Program required by such permit.
D. Section 18-4-511, O.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)(8)(V), C.R.S., specifically provides that, in addition to the au-
thority given counties under Section 1'8-4-511, C.R.S., the Board of County Cornmis-
sioners 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."
F.'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.
Amend Sec. 8-9-30. Purpose/Intent.
A. Weld County has been issued a Colorado Discharge Permitting System (COPS) '
Phase Il Municipal Separate Storm Sewer System (MS4) permit (MS4 Permit) which is
regulated by the 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 thou-
sand (100,000) with urban areas of one thousand (1,000) or more people per square
mile based on U.S. Census data.
B. Article objectives:
1. To regulate and prevent contributions of pollutants to the MS4 by any person; .
2. To prohibit illicit connections and illicit discharges to the MS4;
3. To ensure MS4 Permit requirements for Construction Activity and Post-Constructior
are met;
4. To establish procedures to carry put 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 bounty
through the regulation of nonstormwater discharges to the MS4. .
Amend Sec. 8-9-40. Applicability.
The provisions of this Article shall apply in the unincorporated areas of the County
located within, or discharging to, the current or future designated MS4 area specified
the current MS4 Permit issued to the County.
Amend Sec. 8-9-50. Definitions.
For the purpose of this Article, the following terms, phrases, words and their deriva-
tions shall have the meanings given herein:
Best Management Practices (BMPs) 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 require=
• ments, 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'.
Colorado Discharge Permit System (COPS) means the State's system of permitting
dicnhamaS roe., Stormwater, wastewater) which corresponds to the federal NPDES
Amend Sec. 8-9-40. Applicability, —
The provisions of -this Article shall apply in the unincorporated areas of the County
located within, or discharging to, the current or future designated MS4 area specified
the current MS4 Permit issued to the County.
Amend Sec. 8-9-50. Definitions.
For the purpose of this Article, the following terms, phrases, words and their deriva-
tions shall have the meanings given herein:
Best Management Practices.(BMPs) 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 require=
ments, 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'.
Colorado Discharge Permit System (COPS) means the State's system of permitting
discharges (e.g., stormwater, wastewater) which corresponds to the 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, butfemain related by a common -contract or plan. Contiguous
means activities located in close proximity to each other (within - mile). Examples ma;
include subdivisions; master drainage plans and phased construction.
Construction Activity means ground 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 Discharges, 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 Con-
struction 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 berrns, 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 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; stock-
. piling soil, fill orother materials; clearing; vegetation removal; removal or deposit of any
rock, soil, or other materials; or other activities which lexpose 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 nonstorm-
water 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 char-
acteristics, 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 the MS4, including
but not limited to any conveyance which allows any nonstormwater discharge such as
sewage, process wastewater and wash water to -enter the MS4, and any connection to
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 commer-
cial or industrial land use to 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 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): i
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 distribts
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 State;
b, Designed or used for collecting or conveying stormwater; ,
c. Which is not a combined sewer; and -
d. Which is net part of a publicly owned treatment works. •
A map of the County's MS4 area is located in Appendix 8-E.
MS4 Permit mean the Colorado Discharge Permitting System (CDPS) General Permit
COR090000, Stormwater Discharges Associated with. Municipal -Separate Storm Sewe
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. . .
. 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 if
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 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 sand; .wrecked or -discarded equipment; heat; or
any industrial, municipal or agricultural waste.
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 s
will cumulatively disturb greater than or equal to one acre during future phasing.
Delete Waters of the State of Colorado. -
Remainder of Section - No change. a
Amend Sec. 8-9-60. Responsibility for administration.
The provisions of this Article are hereby vested in and shall be exercised by the Board
of County Commissioners, who may prescribe forms, rules and regulations in confor-
mitywith 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.
Amend Sec. 8-9-70. Illicit Discharges.
A., Prohibitions. • •
1. Illicit Discharges.
a. It shall be unlawful for any person to discharge or cause to be discharged into the
MS4 any pollutants that cause or contribute to a violation of applicable water quality ,
standards. Subject'to Subsection D. below and all applicable county, state or federal
discharge regulations, only stormwater may be discharged into the MS4.
b. 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 the MS4. Pollutants that
are no longer contained are considered to be threatened discharges unless they are •
'actively being cleaned up.
the past, regardless of whether the connection was permissible under law or practk
applicable or prevailing at the time of connection.
B. Notification of Discharges.
1. Notwithstanding other requirements of law, as soon as any person whoowns,
occupies, operates or is; otherwise responsible for a premises, or is responsible for i
emergency response for such premises, has information of any known or suspectec
release of a nonstormwater or hazardous material discharge to the MS4, said persoi
shall take all necessary steps to ensure the discovery, containment and cleanup of
such release. Additionally, such person shall be responsible for emergency suspensi
of all activities that are the cause of the release and shall implement corrective mea-
sures to mitigate and control discharges.
2. lh the event of a release of hazardous materials to the MS4, said person shall lint
diately notify emergency response agencies of the occurrence via emergency dispat
services. In the event of a nonstormwater discharge to the MS4, said person shall IN
fy the Department' of Public Works no later than the next business day. Notifications
person or by phone shall be confirmed by written notice addressed and mailed to th•
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 comma
cial or industrial establishment, the owner, operator or occupier of such establishmel
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.
C. General Requirements.
Requirements of this Section are co -regulated by. the Department of Public Works an
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 and require control
measures for any activity which may cause pollution or a threatened discharge to the
MS4: The owner, operator or occupier, at his or her own expense, shall provide rea-
sonable protection from the potential discharge of pollutants to the MS4 through the
use of structural and/or nonstructural, temporary and/or permanent control measures
Further, any person responsible fora premises which is, or may be, the 'source of an
illicit discharge may be required, at his or hey own expense; to properly clean up the
pollutant and implement control measures to prevent the further or future discharge o
pollutants to the MS4.
2. Watercourse protection. Every person owning, leasing or otherwise occupying
premises through which a watercourse passes shall keep and maintain that part of
the waterooursewithin the premises free of trash, debris, excessive vegetation and
other obstacles that would pollute, contaminate or significantly retard the flow of wate
through the watercourse. Irrigation structures themselves are_excluded. In addition, th
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. Leaks and Spills. Any leak or spill of hazardous material in en 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. Stab
and federal regulations concerning pesticide application shall be followed, and all
required certifications shall be obtained.
5. Sediment. Stockpiles shall be adequatelymanaged to prevent offstte discharge,
•
and access points shall be free of vehicle tracking. Sediment discharge to the M$4 is•
considered a violation of this Article.
D. Exemptions. / •
1. The following nonstormwater discharges are exempt from the discharge prohibition:
established by this Article when properly managed: landscape irrigation; lawn watering
diverted stream flows, rising groundwaters, uncontaminated groundwater infiltration,
uncontaminated s and
wetlands, wafer linerflluushied ng, discharges from potableflows fwater rom lsourcesn a oundation,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 recommen-
dations),
stormwater runoff with incidental pollutants, discharges resulting from
emergency firefighting activities, discharges authorized by a CDPS or NPDES permit,
and agricultural stormwater. Nonsormwater 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 man-
agement 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 proce-
dures'shall be followed as detailed in Section 8-9-130. •
Amend Sec. 8-9-80. Pre -Construction.
A. Purpose.
The this doc purpose
m n tati nf:prior to Section
land-disturbing acti
vities ties to'en ure ittal and acceptance
Construction Actlivity
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 Depart-
ment 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 required documentation necessary to
comply with MS4 Permit requirements.
1. Grading Permit Within the designated MS4 area, it shall be unlawful for any person
to ,conduct'an 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 ob-
taining CDPS permit coverage. Proof of permit certification or waiver shall be required.
prior to -Grading Permit issuance. .
3. Stormwater Management Plan (SWMP). In.accordanceto 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 retiuest 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 Modifica-
tions made after acceptance shall be submitted to the Department of Public Works for
approval.
a. Sediment and Erosion Control Plan; identifying and locating all -temporary control .,
measures,structural and non-structural, used during each phase of construction, from
in tial disturbanceto 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
Ininai 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
bontrol measure.
h. 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, froth initial disturbance to final stabilization, to prevent the
scharge of pollutants from the site. Additionally, the plan shall include installation
and implementation specifications for each structural control measure and a narrative
tescription of each non-structural control measure.
fit a minimum, pollutant sources associated with the following activities shall be
ddressed in the plan: ,
Land disturbance and storage of soils; •
fVehicle tracking;
i. Loading and unloading operations;
v. Outdoor storage of construction site materials, building materials, fertilizers and
lhemicals; -
. Bulk storage of materials; • {i
n. Vehicle and equipment maintenance and fueling?
is. Significant dust or particulate generating processes; i
Hi. Routine maintenance activities involving fertilizers, pesticides, detergents, fuels,
`olvents and oils;
k. Concrete truck and equipment washing;
Dedicated asphalt and concrete batch plants;
U. Other areas where spills can occur; and
Other nonstormwater discharges including construction dewatering not covered
ender the CDPS Construction Dewatering Permit and wash.water not covered above.
Drainage Report; identifying the following components: site drainage; design details' ,
pr permanent control measures; narratives for non-structural control measures, if
applicable; and corresponding calculations used in determining compliance with the
Rase Design Standards'. of the MS4 Permit. -
Base Design Standards' are detailed in the Weld.County Engineering and. Construe- "Jd
-on Criteria document (Sec. 5.13, Stormwater Quality/MS4 Requirements).
: Drainage and Access Easements; identifying all easements or other legal means °
lsed to convey drainage -to permanent control measures and easements or other.egal
peans used to access permanent control measures for operations, maintenance and
Sspections.
Long -Term Operation and Maintenance Plan; identifying the long-term observation, ,e
maintenance and operation of permanent control measures. The plan shall also include
requencies of routine inspections and maintenance activities.
Additional documents to comply with MS4 Permit requirements; which shall be
leterhined by the Department of Public Works on a case -by -case basis.
. Enforcement.
allure to comply with this Section is a violation -of this Article and enforcement proce
tires shall be pursued as detailed in Section 8-9-130. I
'intended Sec. 8-9-90. Construction Activity.,
j. Purpose.
he purpose -of this Section is to require the implementation of temporary control mea }'
tires during land -disturbing activities to ensure Construction Activity requirements of e<
he MS4 Permit are met. All control measures shall be selected, installed, implemented S
Pd maintained in accordance with good engineering, hydrologic and pollution control: }a
racOtic�es: This Section applies to all land -disturbing activities commencing after July ec
Construction Activity Requirements. V
he following requirements are applicable to sites with construction" activity that will u
isturb greater than or equal to one acre of land. Applicable land -disturbing activity' ie }
icludes the total disturbed area from a common plan of development or sale. The ' r
apartment of Public Works shall determine applicable sites and required procedures an
a4
hd documentation necessary to comply with MS4 Permit requirements. }
Temporary Control Measures. I 4 t
pmporary control measures shall be implemented, according to the accepted i1o.
ediment and Erosion ControlPlan and Stormwater Pollution Prevention Plan; prior to ^c"--
ie start of construction activity and: shall control all potential pollutants during each of
hase of construction until final -stabilization is achieved. If modifications to the plans ).l°
re necessary, the owner or operator shall submit the modification to The Department s>
i Public Works for acceptance. Structural control measures shall be maintained in I as
perational condition. Corrective actions such as repairs and/or maintenance shall be a a'
arformed as soon as possible, immediately in most cases. Pal(
Construction Inspections. •lion
Pon commencement of construction activity, the owner or operator shall contact the We,
apartment of Public Works to schedule the required routine inspections of the site. „o a
pUnty shall inspect the site to verify -compliance with the Sediment and Erosion Con- Si a
yl Plan, Stormwater Pollution Prevention Plan, and other submitted documentation. ?ul
spection types and frequencies may vary depending .on the owner and/or operator's''ad_
story of compliance. The Department of Public Works maintains the authority to soul
btermine inspection frequency within the parameters of the MS4 Permit requirements°) f
spections shall occur until the site reaches final stabilization, all temporary control ?ei I
assures are removed, and the Grading Permit is released. aoL
spection 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 tue
lys. The site owner and/or operator must be present during the inspection. way
Compliance Inspection: A compliance inspection is conducted within 14 days of a a-4
hhorded violation. Thescope of the inspection is determined by the severity of the !q Ilt
elation. Recurring compliance inspections may result in fees being assessed as d }<
(tailed in Section 8-9-130: 3°uF
I Indicator Inspection: An indicator (drive -by) inspection may be conducted every 14 t° 6
rys with a routine inspection every 90 days. Indicator inspections do riot require the VI sa
esence of the owner and/or operator and are usually reserved for owners and/or a 'ut
?erators with a history of compliance. ,3a a
'inactive Site Inspection: An inactive site inspection is conducted at least every 90 9LI4
lye. Inactive site inspections are reserved for sites pending final'stabilization, and all
instruction activity has been completed. AIwc
Railed Inspection procedures can be found in the Weld County Engineering and i Put
onstruction Criteria document (Sec. 5.13, Stormwater Quality/MS4 Requirements). 10.0
Exemptions. tall
actor Waiver. Sites which have obtained an R -Factor Waiver from CDPHE are . ' s!anf
:empt from the requirements of this Section. However, the owner remains-responsibl' l9af
r implementing adequate control measures to prevent illicit discharges during [ noel
instruction activity. The Department of Public Works reserves the right to'require the Put
bmittal of necessary documents, such as an Erosion and Sediment Control Plan •
d Stormwater Pollution Prevention Plan, to prevent the discharge of pollutants to u! P
a MS4 on a case -by -case basis. Additionally, the R -Factor waiver'exemption for }net.
instruction Activity is not applicable to Post -Construction requirements in Section 1 ill
9-100; IN lo.
Enforcement. ueu
ilure to comply with this Section is a violation of this Article and enforcement proce- bar
,res shall be pursued as detailed in Section 8-9-130. ole/
Rend Sec. 8-9-100. Post -Construction. • eo!lc
Purpose. sae
e purpose of this Section is to require -the implementation and maintenance of.
rmanent control measures after applicable construction activity to ensure Post -Cons
vntion requirements of the MS4 Permit are met. All control measures shall be
lected, installed, implemented and maintained in accordance with good engineering!
drologic and pollution control practices. This Section applies to all land -disturbing .
tivities commencing :after July 1, 2019.
Post -Construction Requirements.
e following requirements are applicable to sites for which construction activity has
hated a disturbed area greater than or equal to one acre and sites which will have a
u
Wednesday, May 15, 2019
cumulative disturbed area greater than or equal to one acre during'future phasing. The
requirements are applicable to individual sites as welt 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. -
a. In accordance'with the MS4 Permit, discharges from applicable sites shall 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. •
b. `Base -design standards' can be found in the Weld County Engineering and Con-
struction Criteria document (Sep, 5.13, Stormwater Quality/MS4 Requirements).
c.'Permanent control measures implemented for compliance with this Section shall be
located within the jurisdiction of Weld County until annexed by a municipality.
2. As -Built Submittal.
a. After installation -of a permanent control measure is: complete, a certified As-Built-
drawing,
signed and stamped by a licensed Professional Engineer in the State of Colo-
. redo, shall be submitted to the Department of Public Works to be recorded.
3. Final Inspection and Acceptance.
a. After receiving the As -Built, the County shall inspect the site ft:). 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.
•
a. 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 oper-
ation and maintenance of permanent control measures. The County inspector shall ver-
• ify 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
and maintenance of the permanent control measure, additional requirements may ap-
ply. Additional requirements may be avoided by installing structural components, such
r 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 Sur-
veyor, may be required to Verify volume capacity with the recorded As -Built drawings.
i f, 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 e
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.
a: 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.
C. Exemptions.
1. The MS4 Permit alloWs for specific exemptions to Post:Construction requirements.
However -the Department of Public Works shall review and accept each exemption pri-
or to use. Use of an -exemption without prior acceptance by the Department of Public
Works is a violation of this Article:
2. A list of allowable exemptions under the MS4 Permit can be found in the Weld
County Engineering and Construction Criteria document (Sec. 5.13, Stormwater
• Quality/MS4 Requirements). '
D. Enforcement.
, 1. 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.
Amend Sec. 8-9-1-10. COPS Permitted Discharges.
A. Any person issued a CDPS'permit certification for activities taking.place within the
I designated MS4' or discharging 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.
Amend Sec. 8-9-120.- Access to Premises.
The purpose of this Section is to gain access to'a•premises for illicit discharge inves-
tigations, 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 secu-
rity 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 fot 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 rernoved 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 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 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
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 dis- •
charge or Water flow and quality shall be calibrated to ensure their accuracy. Amend 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 neces-
sary to stop an illicit discharge or threatened discharge which presents, or may pres-
s ent, imminent and substantial danger to the environment, to the health or welfare of
persons or to the M54. If the vlolator.fails to comply with a suspension order issued in
an -emergency, the Department of Public Works may take such steps as deemed nec-
•
essary to prevent or minimize damage to the MS4 or to minimise danger to persons. A person commits an offense if the person reinstates MS4 access to premises termi nated pursuant to this Section without the prior approval of the Department of Public'
Works.
B. Informal Notice of Violation.
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A person commits an offense K the person: YeintesstaMS4 access to premises tenni•-
nated pursuant to this Section without the prior approval of the Department of Public'
Works.
B. Informal Notice of Violation.
• Except where a threatened discharge exists and/or emergency suspension is nec-
essary, the Department of Public Works shall attempt to provide art initial 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 correctthe violation within the specified time will
result in a.fomial notice of violation. In the event reasonable efforts to communicate the
informal notice to,such person are unsuccessful, a formal notice of the violation shall
be issued by the Department'of Public Works.
Causes for'informal notices of violation include, but are not limited tot
1. Improper handling, storage or disposal of potential stormwater pollutants; •
2. Inadequate or improperly maintained temporary control measures at a construction
site, either active or inactive; and/or
3. Required routine maintenance -of a permanent control measure. -
' C. Formal Notice of Violation.
If the violation for which informal notice was given has not been resolved within four- -
teen (14) days of such notice, and except where emergency suspension is necessary,
• the Department of Public Works shall provide a 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 compli-
ance inspections to ensure the violation has been resolved. Recurring violations may
result in fees being assessed in accordance with Section 8-9-140 and/or enforcement
methods being pursued in accordance with Section$ -9-15,0. .
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'accep-
tance;' -
3. Construction commencing without notifying the Department of Public Works to
schedule routine inspections;
' 4. Failure to implement adequate control measures eta 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;
7. Failure to install permanent control measures at a site that has cumulatively dis-
turbed 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 limita-'
' tion: -
1. That monitoring,-analyses•and reporting be performed;
2. That illicit connections and/or illicit discharges be abated; .
3. That stormwater pollution be remediated and/or potential pollutant sources be
abated and any affected property be restored; and/or
4. That source control or treatment control measures be implemented.
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.
Any person 'receiving a formal notice of violation may appeal the determination of. the
Department of Public Works to the Board of County Commissioners. The notice of
appeal must be received within fifteen (.15) days from the date of the formal 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.
If the violation has not been corrected pursuant to the requirements set forth in the
' formal notice of violation or, in the event of an appeal on or after the fifteenth day after
the decision of the Board bf County Commissioners upholding the decision of the
Department of Public Works, the Department of Public Works -may pursue -an admin-
istrative 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. •
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 abate-
ment 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.
Amend 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 coriply
with this Article. The whole 'cost thereof, including five percent. (5%).for inspection and
other incidental coats 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 recort4 of all such costs, which shall be part of the .
file for the County's Stormwater Management Program required by the MS4 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 la 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.
Amend Sec. 8-9-150. Enforcement and Penalties for Unabated Violations.,
Remainder of Section — No change. • - •
Delete ARTICLE X - Construction Site Stormwater Regulation, in its entirety.
Amend,8-E.- See attached. .
Delete 8-F, 8-G, 8-H, 8-I and 8-J.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby
is, directed.to arrange for Municode to supplement the Weld County Code -with the
amendments contained herein, to coincide with chapters, articles, divisions, sections,
and subsections as they currently exist within said Code; and to resolve any inconsis-
tencies regarding capitalization, grammar, and numbering or placement of chapters,
articles, divisions, sections, and subsections In said Code. „
i ' BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions
• hereof. The Board of County Commissioners hereby declares that it would have enact-
ed this Ordinance in each and every section, subsection,' paragraph, sentence, clause,
and phrase thereof irrespective of the fact that any one.or more sections, subsections,
paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional
or invalid. •
The Tribune
May 15, 2019
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