HomeMy WebLinkAbout20191792IEL
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NCE 2 19 B 5
El IN THE MATTER OF REPEALING ND REEK CTING, WITH MENDMENTS,
CHAPTER 8 PUBLIC WORKS, OF THE',,''ELD COUNT CF DE
BE IT ORDAINED BY THE
WELD, STATE OF C•Lt a'4A
E S9 the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHERES, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
THE"ti.EFE9 = E 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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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.
Del
to ARTICLE VII Stormwater
s Gf-1- F -gin
Secs, -4-1 -r b P
OF C. 1� `1�vf NTY C
C
PU
APTER
LIC
R
i Y
anacjeent Pr f sg
f en4ceaPea-St
Th-ece shall be create
urn- r-p9rat
• th T
s, n its entirety.
cate-ic -l- . h -el i - -G-!bourn-
G-reeley, Colo-ra d o. S u G-u1-n-ie al i e s are ref -en -eel to
m-ui i-p-a-1 ity. " the boundaries of the Eri-ee M
d, d -th-is C hap-te r as be -,n -g4 a re -a fi _ grS-j-afl GOP u -s- 0 t -h -e -m u n i ci p -a l
boundaries of the -Town of *—T- n8a➢,es of theme a-n-sbLa a1-4 roe
-Utility are i denW ed-a-t-App-d-ix-8-F to this Chap- a being -those re -a - yi-ca g-vi-f h-i n t h e
unincorporated p-s--oP' Cotnty-and- d e-nt and cont g -u a m -nevi pa l bou ndarkes
o -f-- -he--C-t o -of Evan _ and th-own- - --S-a Re- The bound a i-es the rviree Area
Ste-c-'ipm` '-£ it i-S a -'tea E 1 da t f -�`� l 1 6 f1 - e r as lying 4th -in -the u ntn- o r oca ad
o#i o -n ---of- We- -I4,-C-Gu-n-and-adice n t and contiguous to -the m u n i o I jb un d 6e s a h- -C i-t-y--of
Stor -tom r Utilities are referred to in this Article as t h e
I1ISSIONERS OF THE COUNTY OF
tai er uth-ity—se-rvice areas lying within —the
Rs -of Weld Cour �..y 1d- se-nlS r6 Sd e Y Y uniei B tl 4 -es
t o City of -Evans and the Town of La -Salle fGo4ectkeety)--and the Cry --6
o�
a o
PAGE 1
i l i-ty are identi-fi�d--
2019-1792
ORD2019-05
t is the obj-ec -i -o� , r f� C� un,' y Qomr ssi-o� -r� -nd the av� rni -g �� �� ��a.e 9�-.�f��d�� �-�,r-il`l� -� �,. c o-� oa �. E s f ��-
is
os - i-e- -- -s e et -their powers
,forming six (&) storrn w ate r man m --9 ram-or-m-inimur
meas_a ose-isingthe fo! ow -g -
oti-on--and o
B. k C par pi-o-n-bnvalmet.
C. i-t- h-ap -e-tec i on -nation,-
0. C'om&t ct tenor 0 ref 7f G-_- e1.
} Pose-c9-ns-fru tor -m -water management.
F. pr e-ntion
eu sekee p n g-un-i- .per!
4-0tec -ov-m-en-taI-rr nts
RUB-S-u-N41fMo-- er -1
29-20- and 29- #aS-,
Tow c vely), an4 he city -o -f
t-h-o---i-ntorgovernrn-e:
to -develop, implement and perfor e-sto-r
20 of this Code.
Programs--rdThance."
-Auorit y. The Board of u ray Commiss-i-o-n-err- °, the a-ut-hcby
d . --h-e n p u rs u a te Cot o ra d o C c -n - -o- n t -e- atu
-he- lo- d -o --C o n -s -t aio
own of E d ie, the Ci-fdf Evans a s e
•9-e- -t -r--4-t..o.
artio-n- - 7
to re d 1-
t -of stormwterM
ograms listed in
-A -pplication. This Ikai-flp-p y to all lands within unincorporated -pat -ens of the County,
wit- n=th-e- r di municip Section 8--7---1-0-of this Code, a- o- -ing
t h d there -&n .
the -o-a d-o-f-ounInds, determines anc dedarteaa-at it is -necessary to
provide stormwater facilities for the drainage a-nd- tr0! o-41- nd s u- ew - ith h -e
oo ;r-e��n-dtra-u-
i-n-order- h at storm and surf -ace was
ted-uced, the environment nA enhanced
-u-t 4ti-es and their i n-h-abita-n4s e sa-fey u a ro ed an
eaJ - 1 •4�0 G J �T4'
T wing words, terms a
sec:MS- hem in th-is Section= -
t be subdivi-d -d ve op-ed
Heed and controlled, , .dre
y, safety and welfare of-s-uch
en --used in th4s Artic!
PAGE 2
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Contaminated water means that -water wici coitais cons.' Letts at concentrations which
could cau
practices.
dustrial process
merit of human health or the environment and which
I !
-he conveyance of s
Nonstormwater runo-f
to, industrial processes, domestic irriga
supply systems.
subdivided. Such on -sit
These facilitie
a corresponding
ta-n-n+ng -
ster drainage plan
for the conveyance, control or
t st rm runoff to major
vater wells and municipal water
n-efit of a specified tributary area, part or all of which is being
ted wither an easement or a -r- -d�ze nv
and accepted by the corresponding mu
Stormwater fac
treatment or disposition
7
7
7
r=emodeling,
c -r uncontro
led into a watercourse or boc
-Subdivider or developer mean
subdivided wa-s
f
y of water.
r
7
rests in such stormwater facilities.
ions -and which then flows controlled
r
A_
7
any and all
interests:
acres per interest.
-proviso and with
rcels, separate interests
er
PAGE 3
e —la
oarce
resu
is in t
Laing s-ubsurfac--e
more
2019-1792
ORD201 9-05
b. Thos
do .
'ant to the law of eminent
raising the
issue of evasion prior to entry of the court order; and, if the Board of county
urt, such action may proceed before the court.
deed of trust or any other security
instruments.
i indor the Ian s of th t-ate-�
e. Those which create cemetery lots.
g
a
L
h. Those Nt
(')i'rtec
divided by the number
h is severed from the
7
=rcels of land into one (1)
contract.
suant to this Article and any
irsuant to the
acknowledged
agreement must be acco-m-
g-'
exempt from thi€
determined and permanently established by
t must be signed and
ution of the boundary in
s an i-nstrument affecting real estate,
,-d-undertaken pursuant to
PAGE 4
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Sec. 84-130. AV
a- -n obeb, k 4or.
fryr t .e o r r a. mirnisrtration and en
this Article, or any-part-theebje
deputies and agents alas -Director.
4
R4 -
seq.
8-7-10 of this Code.
he Board of
Ltity, Evans/LaSalle Service
leaving rules applying thereto:
B. Each corresponding municipal utt
C. Each c
funds.
utilities.
D. Each corresponding mu-nic
revenue from all state and local governments.
a —The -Boar
ommissioners may
cised
7-30 of
riic to or f o r
icle and
n;stration of
Code, to duly qualified
101, et
e-byestablishe the Erie
l i ty-ac - Greeley
re roue bonds by pledging
/101, et seq., C.R.S. and Section 37-45.1-101, et seq., C.R.S., respectively.
ngm
pursuant to Division 3 below.
to -en er inFn �nnn
n enterprise for the purposes of
e the governing board of ea
For the purpose of -providing star -r -n a -d -Tti-arts-to present storm sewer
cal -der or developer of an undeveloped let, or fraction thereof, inside the
d by the Director, pursuant to the intergovernmental agreement
PAGE 5
2019-1792
ORD2019-05
within its utility, the Beard of Coun
be-esta
basin
h, by resolution, stormwater
- risin. Such stormwater fees
'ificient funds, proportionately calculated
resolution.
Lees shall
4
cons .ruc:ion. ie stormwater
Board
of unplatted property, u
C. Any fees not otherwise collected may be collected through specia
-,. Such fee
P
resolution.
Sec. 8 -7 -
utility fee.
thereof a stormwater utility fe;c
i
n the case
fees are deemed reasona
and routine fw�
3
e anc ne-ce
w
extent that such co
of the proceeds of su
The Board of Count
manic-opal-ut.i._ o
fee shall be e
is completed as to
rA
.I.
Pea Stormwater
Stormwater Utility. Such
facilities as
; and the design, right-of-
ajor and minor s
o-perty on and with respect to which
may, by resolution, ch-a-ng-e the amount of the
PAGE 6
e4ee shall not be increased.
a -s i n
fan the
2019-1792
ORD2019-05
Sec. 84
owners thereof not utilizing othe
stormwater utility fees shall be rendered with the regularly sch-e
correspondinand shall -become due a
ponding municipality peg
�e corresponc
corresponding mu
Sec. 8-7-250. Certain properties exempt fro
municipal utility fee shall not be collected in connection with any County
rules and
.+)/ fees. The
appurtenances.
tn addition to any other remedi
user of corresponding mun1c
pro
and all delinqu
vies to pay the charges
k
ered-a-n-a directed to enforce this provision as to any
an -reasonable
responding municipality for inspection,
-. _--=--he-enforcement of visiion�s of s,c
thi. e_
C
•
•
a
associated from the date the fee beGo
7
premises,
t- a
J
ever other than
ccu-patio
aid. The owner of record of every
e-ap-plication of -this Article, and t
PAGE 7
2019-1792
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Sec. 8-7-280. Additional fees authorized when.
Sections 8 7-200 and 8-7-210-- of - -h-i
basic drainage fees for all
7
e i-sting o9
Sec. 8 7 290. Appeals.
Any owner who disp
n
(_ •fission,
detailed in Section 2-4-10 of this Code.
Seca
v
g
7
pon the
Epal utility fee or the
s any determination
f this Article shall not be used for general
of the costs a
the fees and charges sh
1 - 7
a
7
7 ,
ration, repair, maintenance,
way acquisition and
the fund in exce
Gnmmi6-6inr�8
-re-
■
a
ies.
finds, determines and sec
shat the owners of proper
required to con
the cost of -installing stormwat-e-r
ares uncer
a
whole or
unty Commissioners further
flow onto adjoining Ian
such increase
r facilities within the basin since th
I
developed.
PAGE 8
ad --amounts of stormwater to
elevated land has a duty to prevent
nt possible, the charges
ould take
2019-1792
ORD2019-05
ec84_,A
���� of stow awat r-ba in -&-
The tormwater map
boundar
advisable. Su -eh --m
cor poi
existing conditions.
Sec.
At
•
The corn
-with-t--I
basin in its corre
o be a part of this Article.
-e;ineating the
nding
e lo-pm-ent of properties
ermined to be
'kis of the
to time to con -farm with
ra i n age stu-y--i--_____�._
municipality. The corresponding municipality may adopt additional rn
c 1 r-ee ip-®T-Pd4 Y
by
cific objectives of the adopted plan and does -P-et
dimi plan to-addre- -t-1
basin, a-nc i- mocilec, , tle mod =ica:ions siall be filed in the offic
corresponding municipality.
Prior to the final approval of the pi-af a
construction upon
of all-s-tocnnwater facilities required f
ny off -site facilities
ubdivid
requirem-co-
the plat I the b ail ing permit, if appli
The corres,
within the corresponding municipality's owned land,
-m-a-H
•
County's being furnished a. --acceptable assura
ill be constructed and
accepted
ion is being commenced shall,
•
s or other
�ater facilities
ae genera public. Such
correspo Raintenance. For pur
the --general subUc means direct use and benent-ef- te-gen-moral public.
facilities co no: inc
PAGE 9
uGe -aci
acce-pt
use -by
2019-1792
ORD2019-05
and one -hundred
Floods from s ..,.. _ .. __. ._ ..
stormwater facilities constructed and maintained by funds available for the corresponding
an . . ... - •. flair -the -fees -and
s er flooding or flood
-educe the ne---ed or the necessity for the
charges established pursuant t
ARTICLE IX - Municipal Separate Storm Sewer SystemDetection and
Elimination
Amend Sec. 8-9-10. Title.
This Article shall be known, and may be cited, as the "Weld County Illicit Discharge Detection
d -Eli na ;on andMS4 Stormwater Quality Ordinance."
Amend Sec. 8-9-20. uthorization.
C
e- iit that covers designated
/teen ten thousand (10,000)
thousand (',OOO) or more
wr entl- designated areas are
expected to change bosed on the 2•-10 census. The County's CDPS permit covers the
designated MS4 urbaniz
1. To regu
Syste
2. To prohibit it
gems of the designated urbanized areas lying in
stormwater discha
4.
3. To establish procedures to carry out the inspection, surve-ffl na d -r -n4o
to ensure compliance with this Article; and
4. To protect the health, safety and g
regulation of nonstormwater discharges to any MS4.
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.
PAGE 10
nf-t-he County through the
2019-1792
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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. Auth°IzationPurpose/Intent.
B. Sec'
disease.
nce methods for controlling th
4i--nce-fh e u t -y-
1
in -to any MS/1, i-pc
ors of the State pursuant to and
can Water Act.
e-eq . R, e -s --counties to adopt o rd i- ces-fe-c-t
OF
e-rs of purely local concer and ma-ke-a!- ,gulations
C. Section 30 ), C.R.S., specifically au
CDPS perm -k. pugua , o team -of Article —
ordinance to develop, implement a
by such permit.
for
zes counties that have been issued a
R.S., to adopt - mwater
required
liquid, into
E. Sea -e
d
7
);-C- S., specifically provides that, in addition to the authority given
I2_A_R±1 C1 IZ' C +hd Rr cirr-1 0,- C n inft__L' rnnn��tanorc ie �i +Innrr,c
I
persons
Public or prktate property is def-n-ed at Section
watercourses."
F. Section 1-‘
h, including trash, junk
C.R.S., makes any
PAGE 11
b
or contamination of any
is Nuisance.
2019-1792
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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, anythe current or future designated MS4 perrn1 co -e e area specified in the
current CDPSI`MS4 pPermit 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 activitiesdons of
practice -s, maintenance procedures and ces to -prevent or reduce the
d--e-m por
erosion blankets, hay bales, extended
cedures and p s +^ on -t c site runoff,
spillage of lees, Edge -o ate i - - -: .as .. _ - 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) to -any MS4 which corresponds to the federal NPDES
permits under the Clean Water Act.
tru-ctural or non,
PAGE 12
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Common Plan of Development or Sale means a contiguous area where multiple separate and
distinct construction activities may be taking place at different times, on different schedules, but
remain related by a common contract or plan. Contiguous means activities located in close
proximity to each other (within % mile). Examples may include subdivisions; master drainage
plans and phased construction.
Construction Activity means 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 COO070000, 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; excavatin_• • stock 'ding 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 rnMaterial 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.
PAGE 13
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Illicit oConnection means either of the following: any drain or conveyance, whether on the
surface or subsurface, which allows an illicit discharge to enter a-nythe MS4, including but not
limited to any conveyance which allows any nonstormwater discharge such as sewage, process
wastewater and wash water to enter anythe MS4, and any connection to anythe 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 anythe MS4 which
has not been documented in plans, maps or equivalent records and approved by the County or
other governmental authority.
Illicit cDischarge means any direct or indirect nonstormwater discharge to anythe 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.
PAGE 14
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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 coliformbacteria 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 andscaping
materialsand; 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.-Wate
means a s_reams, aces, Fivers, ponds,
drainage systea�e s4
ons of wate-r, s
a
,e -s o- waver, suci as snow, ice anc a o:ner
ground, natural or artificial, public or private; -
Remainder of Section — No change.
Amend Sec. 8-9-60. Responsibility for administration.
The Department of Pub -I: ,-e-r, implemen of this
Article. 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. ifiharn&a
Discharges.
A. Prohibitions.
1. l -of illicit dtDischarges.
C
ne sl Mccit
1-a. It shall be unlawful for any person to discharge or cause to be discharged into anythe
MS4 any pollutants or -waters containing any pollutants -that cause or contribute to a
violation of applicable water quality standards. Subject to Subsection CD. below and
all applicable county, state or federal discharge regulations, only stormwater may be
discharged into anythe MS4.
2b. 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 into anythe MS4. Pollutants that
are no longer contained ie
i- r -are considered to be threatened
discharges unless they are actively being cleaned up.
PAGE 15
2019-1792
ORD2019-05
82.Prohibition of Hlllicit cConnections.
--?. The construction, use, maintenance or continued existence of illicit connections to
anthe MS4 is prohibited and is considered a violation of this Article.
2b. 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.
S. 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.
prohibitions-estab-lished by this Article w
watering, dive:
and footing dr
-1 car washing, dechlor-i L
sweepin
documents.
40.
condensation,
F
from the discharge
ontaminated
raGe-purnias, individual
eel discharges, water incidental to street
edians) that is not —associated with
,orized by a
C. General Requirements.
Requirements of this section are co -regulated by the Department of Public Works and the
Department of Public Health and Environment.
PAGE 16
2019-1792
ORD2019-05
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
42. 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.
23. Leaks an Spills. Any leak or spill of hazardous material in an
ant maintenance 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.
34. Pesticides, hHerbicides and fFertilizers. Pesticides, herbicides and fertilizers shall be
applied in accordance with manufacturer recommendations and applicable laws.
E c- lie -at -ion shall be -a -voided -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 shah be free of vehicle tracking. Sediment discharge to the MS4 is
considered a violation of this Article.
Recturice-ments-applic
Ie-p-4-tenti a I d is-c-h-a-rge rs .
within the prem-ises freesf tr sh i exce�s4ve vege'
�. -rte -�.��-� e �.� �..,
would pollute, contaminate —err significantly retard —�h - flow o t- r
watercourse. Irrigation structures themselves ar—exol-u-ded. In addit n he owner,
operator or occupier shall mainta- =
to, a watercourse MH not become a hazard t
phy-s+cal-i-ntegrity of the watercourse.
PAGE 17
2019-1792
ORD2019-05
2 Mquipment m-ainte-nance in an
uncovered outdoor area-sh ll-be-c to d o -per
Leaks -a -Rd spills shall -be cleaned by dry sweeping, \i%
treatment of wash
3. PestitiS
in ace
appl i-c--ati
D. Exemptions.
man
:he poten444a-l-r
ance with `n 1s Article.
esti-cides, herbicides and fe-rt-itia
!Os
PrtST
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 qroundwaters, 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 crawispace 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
testingjin accordance with the manufacturer's recommendations stormwater runoff with
incidental pollutants, discharges resulting from emergency firefighting activities,
discharges authorized by a COPS 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 8-9130.
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.
Any
discharge
comply with -all provisions of uo
Pigs
S incrust
O
P
Pre -Construction.
ruction activity —permit for stormwater
areas, or die MS4, shall
iolation of this Article.
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.
PAGE 18
2019-1792
GRD2019-05
S. 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. Makable land-disturbinc 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. VVithin 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;
PAGE 19
2019-1792
ORD2019-05
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.
Amend Sec. 8-9-90. zees . p r -t ocs- i
Acthf
f --Cities.
applies to al! -p -re
d MS4 area.
PAGE 20
Construction
nry that are,
2019-1792
ORD2019-05
1. The Department of Pu
subject to this Artic
measur
.0 enter a
r shall mak
allow access to Department of Public Works -personnel.
2. Prerrses owners, operators or occupi
person-ne reac e prem.'s
sampling, examination and copying records that must be kept under the conditions of any
CDPS permit
or applicable state and federal law.
inspected
Oft
a
f
y the owner, operator or occupier.
the Department of Public Works
fro
r may occur, and the
is able to
mit
and/or this Article or that there is a need to inspect and/or sample as part of a routine
i-nI I y -compliance with any CDPS permit or
then the Department of Public Wor
court of competent -jurisdiction.
earch warrant from any
devic nreery in the o pi n-io e the
monitoring and/or ampling of discharges.
7. The -Department of Public
to install monitoring equipm
sampling and
is -e -s such
r-tment of Public Works to conduct
require the ow
rator or occupier
erating condition, the
-4-i-pmentT44kdevices used to measure-discharg
tbrated to ensure their accuracy.
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.
PAGE 21
2019-1792
ORD2019-05
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 insect 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.
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).
PAGE 22
2019-1792
ORD2019-05
C. Exemptions.
R -Factor Waiver. Sites which have obt.;ined anR-Factor Waiver from CDPHE are exempt
from the requirements of this Section. However, the owner remains responsible for
implementins adequate control measures to prevent illicit discharges during construction
activity. The Deartment of Public Works reserves the right to recuire 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 pLrsued as detailed in Section 8-9-130.
j' rend Sec.
A MTh ,,.,7),a Ca,
� Y1 , B u lyg �� 4�
nF i b -u s to a vi ota toy o- , i rt--o-r-a -C D -per
P ra t4 ce s for a o y a-ct-iv-i -m —cau e -o ,:- Gon r-i-b ut
MSS-- - ---own-e- ap&e- { o---oecu pier, e
-9-10
Require n
use ,, ' l'as -----n-
e-v - 94r -- r d-unnaerniv
raga -sue -e st® on tr c on.
s -p�-9 ade fcr- 0,3o -impel -time -abatement of, any condition that causes or
4a-na-e m e
-9-r contamination of any
-re-vide reasonable
p ectI-on _ fro --cam -a-1 or intentional dis ar- e -of -p ro h ib ite I--rn- -ls-9-r-oth-e s4es-- - o
any MSS--t-h; 9-ug e use -of struct-uraF and n-9 -s- a mporary and permaneril l°s.
F-u-Fther, any -person rem -rest: -vca--p -e-r se-s-h-ich is, or -1 ---- hre so -u -c -c f-a-n-i-li- -t
discharge may be req ire at -h-i-s or I r own -expense, to pr0penr4 ci an u e po l l uta n
i-m-p4e d-d-i-t i o n a e tempo -racy and/or perm es to
prevent-4heshal-kbe
oter a e to -a-s --of a n y -re u-i-rid-man-a-gem n4= -p I -r --compliance with -any
cg s- e-ppa
ri-ance with aWtemi-s-a _ n -d -con 8iti c -s--of a val -C D -a b4 ri a ing -h-e discharge of
. o -ram -te=a -ter ass-o&fie witr - a n- u stri-a4 and/or coa - u cti o-n-a-ct e -end-- re-ra-t ab-
s-h a I l be c c -e- aoLOW,i a ,4th - rovi sio n -s --of _ t -h •s --Sec -i o -n
A. Purpose.
T he purpose of this Section is 'co 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-Constructi, n Reguire.nnents.
The following requirements are applicable to sites for which construction activity has created
a disturbed area greater than or equa to one acre and sites which will have a cumulative
disturbed area greater than or aqua to one acre during future phasing. The requirements are
applicable to individual sites as well as sites that are oart 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.
PAGE 23
2019-1792
ORD2019-05
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/ S4 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.
PAGE 24
2019-1792
ORD2019-05
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. Enf
,•
rcement.
1. Failure to comply with this Section is a violation of this Article and enforcement procedures
shat be pursued as detailed in Section 8-9-130.
Amend Sec. 8-9-110.
OtifiGatk9r of tscmha eC P Pei°mite.
NDPM -s ding other ece er1ts of-i ; -s-s-o-on—as a
P
d 0Sarge.
owns, occupies,
o e -motes- r is othe nnis-e-re-s � -- - pice - r i respian-s e for the -e 6m-erg-�y
.
r&for- _ such ----premises, ha any -known -or suspected release -of -a rn- a ar- 4a- rdous-m-a° --ial discharge into storm- ater, an -y a-y-wof-the e State, s a-i-d-pars-o-n- - ll- = -a-n e ce s s a Fy step -emits 6 e4 the —disc —every, co n t- -i nm-e n�
a -n -c -lean p -of- s Joh se . Add -4.
pei--on-of-a4l actrvities that are t c -au
measures to m - g- te-a-nn-d--oo -t p € i-rg es .
B. In the -event -of a re Ieasee-o -na ardu-s materials -i _ o sto r wat -n i MS o-r-a-n� --waters of
the State, s ia perso r -h-a- i-med-i --n ib---e-ii -ency re s pon e-atig-e 4e -s --of the
o`ccu-rr e n_ -- . .erg ncy-dl-spa — en aces . i--'n _ the event -of a n o st-e`r-mwa4ec 4--[- ° , r .
stor ; atsh v n y-6- - -o-- wa-t s --of the —State, saa-d-p-e- soha I I notify the D - m-ent
-
of 11 cf-- rks-i-n-psrso-n-oc-b j 1 -r f -cs- m--1e---n-o-4atec t a -n the-rex-t business clay,
Nof-afi- at ons rn-pe o r o ---pin on- s h a a -oft 1m-t-Retid&e&se d -gym Ion
-t he -D p -a- mme t -o -f Public Works with-i-n--t-hrep. 3 b s ss days of te hene-notice.
person s l -I -b -e --re onsri-b-? e for emergency
e a n-d_s-h-aI-1-Se nt corrective
C. if4he d i s -c h,- e -of -hazardous m a, e.na4s or n o -no r nn wate r -e- ana-t- s -from a c o m rn e ro -I--GC
i-n 6 tctak - a s h me zt, the owner, o -r -or occupier of s-uok s= bI h -m e nt shatkalso
--eta in an -d- e-a-ot i o n -s- e n t re nt i
ce-ou-rr 6 :---Sid� record s s -'Iatkbe-re -i-ne-d -oc--a t -I-e a s-t=t h (3) years.
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
com liance with such permits may be required in a form acceptable to the Department of
Public Works prior to allowing discharges to an MS4.
PAGE 25
2019-1792
ORD2019-05
Amend Sec. 4 -9-120. usp rdz sP -c ess
ccess to Premises.
A --Emergence suspension due to illicit dis -a-rges. The D
prior notice, seek t
such susp,
or welfare
a-su-s-oe- s
steps as -d
or to minimize danger to persons.
ks may, wi-tt
i-ses--wit
t-o—sf-o-p an illicit discharge or thy-eatened discharge
imminent anto theme
S. A person'
pursuant t
n
waters of the State. If the violator
ency, the Department 'ubtic Works may take such
aters of the State
rks.
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 subect
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.
S. 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 ke Dt 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 snail 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.
PAGE 26
2019-1792
ORD2019-05
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
ner own expense, maintain at all times, in safe and proper operating condition, the sampling
and monitoring equipment. Ail devices used to measure discharge or water flow and quality
shall be calibrated t. ensure their accuracy.
end Stc. 8-9-130. Enforce --.ant Pr tc dures
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 emery, 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 rearstates MS4 access to premises terminated
pursuant to this Section without the prior approval of the Department of Public Works.
A. Q-Informal-nNotice of ���!`iolation.
Except where a threatened discharge exists and/or emergency suspension is necessary,
emerge -n t sd - e -n -son is necessary pursuant to Subsection 8 -9 -110.A —above, the
Department of Public Works shall attempt to provide an initial oratinformal 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 tre violation has oeen 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 Gra4the informal notice to such person are
unsuccessful, written -a formal notice of the violation p -rsuant to Subsecn S. below -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
Required routine maintenance of a permanent control measure.
PAGE 27
2019-1792
ORD2019-05
CB.WrittenFormal nNotice of Wiolation.
If the violation for which or-a4informnal notice was given uws-u-a, ��- �13 A
above has not been resolved within fourteen (14) days of such •ocainotice, or where
arson -able eforts to c - nicte-o - t4oe 3 ae—fai f - and except where emergency
suspension is necessary pursuant to Sur e o. ? g---1-20A-..-above, the Department of Public
Works shall provide a wQ i-ttenforrnal 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 rec: uired documents confirming adequate storage capacity and/or
functioning of a per anent 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; llegal discharges -be -abated;
3. That-n-onstormwater pollution be remediated and/or potential pollutant sources ar
con4amination h a -rd -s —be abated andany affected property be
restored; and/or
4. That source control or treatment control measuresBMPs 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.
PAGE 28
2019-1792
ORD2019-05
C. aoe-a-kof wr- -en--
. Any person receiving a wr;4te--f rnal 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 wte-nformal notice of violation.
A hearing on the appeal before the Board of County Commissioners shall take place within
fifteen (15) days from the date of receipt of the notice of appeal. The decision of the Board of
County Commissioners shall be final.
2.If the violation has not been corrected pursuant to the requirements set forth in the
-vanforrnal 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.
o --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. -9-140. Collectio
f costs.
A. Costs for compliance inspections may be assessed at an hourly rate or an amount reasonable
to minimize the occurrence of recurrent violations.
A. 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 -and
any -a -p -; an S-perrim-it. The whole cost thereof, including five percent (5%) for inspection
and other incidental costs in connection therewith, shall become an assessment upon the
property from which such condition has been abated or remediated. The Department of Public
Works shall keep a written record of all such costs, which shall be part of the file for the
County's sStormwater m -Management pProgram required by the MS4 Permit.C-o-u---S
permit
S.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.
PAGE 29
2019-1792
ORD2019-05
Amend Sec. -9=150. V obtia s, _ en1orGemena -pew n lorcementand Penadfies or
Unabated knolafions.
Remainder of Section - No change.
Delete ARTICLE X - Construction Site Stormwater Regulation, in its entirety.
Seca -404Q, nay e r t q -u i- d
At least -ten (10) daysrior to the cncnencerner t - Conte °ctic=tea-ct
one (1) acre -of 1-a nid (or -part of a I a rq-e-r-- - t PC0
Stormwater _ General----Permit4
ued- -theo to-ra-d- -Dejaa me nt of Public H
Control Div
the Stormw
distu-r
established with a density of
p r ranent,
Sec. 4G-- - Factor .vat-ver
As an a v
3
stab-Pri-z
--a-�-r
otaining
fond o bt--a i _ n an R Ea ctor---NALari-ve r, if the construct will disturb at lea st-cn-e--(--1
ac -re a mass then five (5) acre a -mod. The R -Fa waiver
apply for a waiver from te- writ requiremepe o -when thera--Factor, as
calculated using the sta e--ap-pr- v -m 9 -s-s -& --The b F or is a--�
at
4o an this -Article a
vironm
terms a nd-;
s
"Stater
ua l-ity
set f orh iC
tha1-
can
owner Of operator
c e m e i- r -s -p o te r Ua - b a se' n --the -r _ —e
Sec sa-p4orms,---
In-format
for stet —ram —at
b-e.state7-eo.us/wq/Permitst4nit or by -cal
mend -E - See attached.
Delete -F, 8-G5 8-H, 8-I and 8 -Jo
PAGE 30
460t and4 te a .
2019-1792
GRD2019-05
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.
The above and foregoing Ordinance Number 2019-05 was, on motion duly made and
seconded, adopted by the following vote on the 17th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
May 8, 2019
May 15, 2019, in the Greeley Tribune
May 29, 2019
June 5, 2019, in the Greeley Tribune
June 17, 2019
June 26, 2019, in the Greeley Tribune
July 1, 2019
PAGE 31
2019-1792
ORD2019-05
Appendix 8E - Weld County MS4 Area
Amend APPENDIX 8-E
Weld County MS4 Area
Storm Water Phase II - Erie EPA Urban Area
Erie EPA Urban Area Census 2OO0 Population 1,752
Disclaimer
This product has been devc4oped solely for internal use only by Weld County. The CMS database a e
data in the product is ratbiect to constant change and the a,roty and cornpleterte t cannot be and is
not guaranteed, The designation of togs or parcels or land uses in the data base does not impty
that the lobs a parceiswcre Iccrally creatryi or that the land uses comply With applicable State
or 10(.:3I law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR FINAL
DE.SIC:QV PURPCsEs. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR
coRREcTness OF SUCH PRODUCT. NOR ACCEPTS ANY LIABILITY. ARISING FROM
ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN. No part of to product may be copied, reproduced or transmitted in any form or by any
means whatsoever, inducting, but not Itrrhted to. electronic. rnectrantcai. photocx,pyny, recording,
scenting. or by any information retrieval system or any nen-approved prose without the expikw4
written consent of Vtd County. Produced by Weld County GES
Delete APPENDIX 8-F T Eva s/ a y --Ur- r+ Area S*ereater —ha 14
Storm Water Phase 11 - Evans - La Salle EPA Urban Area
Legend
Evans - La Salle EPA Urban Area
Road
City Limits
Evans
Garden City
Greeley
La Salle
0 0.25 0.5
r
Disclaimer
This product has been developed solely for interns use only by Wild County. The GIS database and
data in the product is sutfect to :anstart orange and the accuracy and ccmple{eness cannot be and rs
not guarantecxt. The designation of lots or parcels or lurid uses in the data base does not Imply
that the lots or parcels were legally created or that the land uses :amply with applicable State
or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT SE USED FOR FINAL.
DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES,
EITHER EXPRESSED OR IMPLIED AS 10 -THE cOMPLETENESS, ACCURACY. OR
CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM
ANY INCORRECT. INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN. No part of the product may be copied. reproduced or transmitted to any form or by any
means whatsoever, including, but not limited to, electronic, mechanical, photocopying, recording,
scanning, er by any Information, retrieval system or any non -approved piny ose without the express
written consent of Weld County. Produced by Weld County GIS
Delete A B"" P E N I0 II X 8-G ' ' 'r -e- `Gey..•r�,..d i� .'�5 i 'i i'an-Arf" e a St tid"ti d ii'w- .. ., 2•fd' t' l u•Tt
Disclaimer
A.
, ,•�� . t y •
• 1�'{r •?le'• .• .• -' • 4
• a• .. •. •••• ..s w•a+
II r.3 •r • f. •
• 5 • • .• t • •
'• .l. .t ...At .11'
\•
• ri• 7•.•-e • • '
y • - • !ice .. a i}I � • • .�...r.WWI.tr—t 4-••'• • '1.1
•
• • s "• • . r• • r 1 • • ••.y •
.+ •• ;
1`• •tip.•• • - •
a P.
• I- •
••• ••t M t ; 1 • • •
t. .i. �
S• •
• i ♦ T
• • b . i �.• •...` I •'
• .F .Y-.,"i. • •.. •I',...• ••..r... }. y..• •. .. • •4,.:....•r..
si .10
i•t.. i •_l ....* _ 4..y •)'
f • \IQ
• •
4.• a. • • 4' •n.• - • • Y v • • a i• . •.O • •
• •v� ' n • Y♦
• v . • 4 • Fd '• �•
•
••,a,.a•.•.•rw••M•6aa.a.a•aa.., a 0a'•ipfw..aa. a••••Pvi • •• •••••• •a—w•wee..v.-.r. .*S.?►1••1t.1t w. 1•.4••aaly, .'w .Lla. •••:r•••: I .'
• .. _ . o- r-t.Z��.
icrIK ;4•
raNCN
Legend
Greeley EPA Urban Area
Road
City Limits
Evans
Garden City
Greeley
La Salle
•
0 0.5
2
1VEiles
This product has been dev4oped solely for internal use only by Weld County. The GIS database and
data in the product is subject to constant diarige and the accuracy and completeness cannot be and is
not guaranteed The de=;<gnation of lots or parcels or land uses in the data base does not imply
that the lets or parcels were legally treated or that the lard uses comply with applicable Stale
or Local law. UNDER NO CIRCUMSTANCE SHALL THE PRODUCT BE USED FOR ANAL
DESIGN PURPOSES. WELD COUNTY MAKES NOWARRANTIES OR GUARANTEES.
EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR
CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM
ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED
THEREIN. No part of the product may be copied, reproduced or transmitted in any form or by any
means whawoever, including, but not limited to, etectranic, mechanical, photocopying, recording,
scanning, or by any information retrieval system or any non -approved purpose without the express
written consent of Weld County Produced by Weld County GIS
Delete APPENDIX 8-H
FEE SCREDULESIa4e
Monthly User -Fee
Residential
Fee Structure
T------ Per dwelling unit
Communities
Per 20,000 sq. ft. or fraction ! $110.00 per commercial
thereof
acre
Delete APPENDIX 8-I-- EVAN S.aSAUrkE SERVICE AREA STORIVPNATER U-TUJTY FEES
FEE SCHEDULE (Updated 04/29/09)
Drainage Fees - Development
CTM—
j Development Fees
Fee Structure
Fee
Residential
ft.
Carnercial/Industrial
U ndeveloped
U ndeveloped $500.00
property > 10,000 sq. provided, howeve
ft.
•A•004, :vron.........,...._.
U ndeveloped
ft:
$500.00
$750.00
ty on which 1 SFD is built
U ndeveloped
property > 10,000 sq.
ft.
Cam, inage Fees _ ilAon hly 1 User
Monthly User Fee
Fee Structure
Residential
Per dwelli it
Commercial/Industrial/ n-ufactu-red Home Communities
Monthly Rate
Delete APPENDIX 8-J
€-A 3EA-&T IV -WA- R UTILITY FEES
FEE SCHEDULE -44,4p -da--O4L2- O
I
STORM
WATER
UTILITY
LAUD
USE
CATEGORIES
.
03/18/04
1----
L-and Use
Cr-
Category
Factor
De nitien
Residential
0.35
n
ores I'7')
rti
f+
7
n
�' . T�GT�.T�'
780
-1�'C1.J-�Z�p'-�i�1.-1'"�
)
to
ores
(87,120 sq.
ft.}
Estate
L 1, / V V .7 �
�
Residential
€lat
Estate Flat
Fee
Rate
$34
Residential
0.45
Vrimarily
ings,
n
+n -��
f+
r�
one -family
c�
Low Density
X780
)
Residential
Primarily
duplex
dwellingscondos
that the
Medium
0.-45
arc not of
apartment
variety}
Density
7 Residential
0.65
High
Density
(apartments,
condos,
townhomes)
Residential
0.30
Mobile
Home
Institution;
0.47
Church
other
purposes
titutiion
0.50
Schools
Institution
--n-d
similar
0.52
'
public and
Other
facilities
quasi
public
Primari
'
,
faciliti
,
,
F
personalproperty,research
Industrial
0.76
I
II
ado -rtes,
!III
and repair facilities
for
-sir,te-trance
nr-se-purity
aircraft,
the
in
Section
of
uses set out this
t.—
Defined
as Regional;
i.e.,
Greeley
Mall,
Wal
Mart,
_ ____I
i
Ho
Commercial
0.87
coopers, Safeway,
Albertsons,
Home
Depot,
Kohl's,
New
and
Usqd Car
Dealerships,
High
Intensity
Fast
Food
Restaurants,
Hotels,
Motels,
etc.
Commercial
De f
,c
hborhood.
I Ico-nr
ffi
-k ed N-e-i
ommercial
e I Inn
nr
does
rent
fi+
ire+n
nne
of
E�-r�'rz�-y�.�
,-�r-r-rte
Low Intensity
Al
land
actively
used
for agriculture.
Define
ri�i
it-
��,
�nty/city land
Exempt
use
records
Exempt
Public
Parks
and Conservation Districts
oral
watercourses,
Exempt
,
4
,
_ -
4 Exempt
exempt
Exempt
t
purposes
All cemeteries
C Factor — Weighted Runoff Coefficient, expressing the ratio
Stormwater Utility Fee Rate Calculation = Total Square Footage of Lot or Parcel x C Factor for
the Current Land Use x $0.001361.
Hello