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HomeMy WebLinkAbout08557 ORDINANCE NO. 8557 AN ORDINANCE AMENDING CHAPTER 12, TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE STORMWATER UTILITY AND CONFORMING SAME TO REQUIREMENTS OF STATE LAW BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Subsection 16-12-3 (3.5) of Chapter 12, Title XVI of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 16-12-3. Definitions. For purposes of this Chapter the following words shall have the following meaning, unless the context clearly indicates otherwise: . . . (3.5) Illegal discharge means any direct or indirect spill or discharge of any substance, other than stormwater drainage runoff and naturally occurring groundwater, to the City's storm drainage system; provided, however, that the following discharges shall be allowed and will not constitute an illegal discharge: return flows from irrigation; lawn watering runoff; water from building foundation drains and drainage; runoff from noncommercial car washing; dechlorinated water from swimming pools; water from fire hydrants, including water used for potable water system cleaning and testing as well as water used for firefighting and treated fire training water; emergency discharges of contaminated water from ditches and canals as necessary to protect public drinking water supplies; water diversions undertaken pursuant to decreed water rights; spring water; flows from riparian habitats and wetlands; air conditioning condensation; water from crawl space pumps; water incidental to street sweeping (including associated sidewalks and medians) that is not associated with construction ; and such other waters as the City has determined, by regulation adopted by the Director of the stormwater utility enterprise which have been approved by the City Manager, to be noncontaminated and acceptable for discharge to the City's storm drainage system and any receiving stream. Nothing contained herein shall be construed to relieve any person discharging into the storm drainage system from any liability for damage caused by the volume or quality of water so discharged. . . . SECTION 2. Section 16-12-10 of Chapter 12, Title XVI of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 16-12-10. Developer's obligation. Post Construction Stormwater Best Management Practices. (a) All new development and significant redevelopment projects disturbing more than or (1) equal to one acre, and those less than one (1) acre but part of a larger common plan of development or sale, must incorporate permanent stormwater quality best management practices. Each developer of real property within the City shall provide all necessary stormwater facilities to ensure adequate drainage and control of runoff to, on and from such real property including, without limitation, the construction and installation of all on-site and off-site stormwater facilities including major stormwater facilities: (1) In conformity and compliance with the standards established by the Storm Drainage Criteria and Policies, and (2) Meeting the requirements of the official master drainage plan of the City and, until adoption of the official master drainage plan of the City, meeting the requirements of the developer's master drainage plan for the real property being developed and approved by the Director. (b) Construction Stormwater Best Management Practices. Construction sites disturbing more than or equal to one (1) acre, and those less than one (1) acre but part of a larger common plan of development or sale, must implement adequate construction stormwater best management practices (BMPs) to control erosion, sediment-laden runoff and waste from the site. Each developer of real property within the City must implement construction stormwater BMPs for all stages of construction to final stabilization: (1) In conformity and compliance with the standards established by the Storm Drainage Criteria and Policies; and (2) To control erosion, sediment and waste, including but not limited to, discarded building materials, concrete truck washout, chemicals, litter, sanitary waste, and other non-stormwater discharges including construction de-watering, and wash water, at the construction site that may cause adverse impacts to water quality. All temporary construction stormwater BMPs shall be removed and properly disposed of within thirty (30) days after final site stabilization or after the temporary BMPs are no longer needed as determined by the Director. (c) Failure to adequately implement or maintain BMPs in operational condition or for any person to make, conduct, engage in or knowingly permit or suffer to exist any illegal discharge to the City's storm drainage system or for any person to make, use, maintain or continue existence of any illicit connection to the City's storm drainage system may be subject to one or more of the following actions: (1) Notice of violation. (2) Nuisance abatement in accordance with the procedures set forth in Chapter 1, Title VII of this Code, except that the Director of the stormwater utility enterprise is hereby granted concurrent authority with the Health Officer to issue any orders, take action and perform abatements pursuant to said Chapter. (3) Issuance of summons and complaint. The enforcement remedies set forth in this Subsection and Chapter are expressly declared to be cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor does the exercise of any one (1) or more of them constitute any bar or limitation to the exercise of any other. [] (d) (b) No owner of real property being developed through which a natural drainage way flows as shown on the master drainage plan shall obtain a building permit to develop the real property, unless the owner first grants to the City at no charge a permanent easement to construct, maintain, repair and reconstruct the stormwater drainage channel along the drainage way. [] (e) (c) Upon the completion of the design of all detention facilities, the developer will submit documentation outlining the terms of facility [] who maintenance certified as accurate by a licensed qualified engineer which shall ensure proper working order of the facility and maintenance access. This documentation will be included in the drainage report and incorporated in a maintenance agreement, if appropriate. The proposed maintenance program for the facilities shall be structured as follows: (1) Detention facilities serving solely commercial or industrial sites will be privately owned and maintained. If these facilities are maintained to the standards outlined by the maintenance agreement, the property will qualify for a reduction in stormwater utility service charges pursuant to Subsection 16-12-6(a)(2). (2) Detention facilities serving residential lots will be maintained by the homeowners' association (HOA) when an established HOA operates and/or maintains common interest. If these facilities are maintained to the standards outlined by the maintenance agreement, the property will quality for a reduction in stormwater utility service charges pursuant to Subsection 16-12-6(a)(2). (3) Detention facilities serving residential lots when an HOA does not exist to operate and/or maintain common interests will be maintained by the City, and reduction in stormwater utility service charges will not be given. (4) Existing noncommercial/industrial detention facilities serving residential development under private ownership will be accepted by the City if the facility is in proper working order and qualifies under the required maintenance standards and maintenance access. Reduction in stormwater utility service charges will not be given. (5) The City will encourage joint use and regional facilities which will be maintained by the Parks Department, with the stormwater utility paying a prorated share of maintenance costs. (6) Detention facilities implemented during construction will be maintained by the developer until proper working order is established and approved by the City. In the case of phased development or construction, the developer will be responsible for sediment removal until eighty percent (80%) of the last phase of the development or construction is complete. [][ has the authority to (7) The City will inspect all facilities on ] an annual basis to ensure proper maintenance is being implemented. SECTION 3. Any person who violates Section 16-12-10 of the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense and subject to the punishment and all other remedies as provided in Chapter 12 of Title XVI of the Pueblo Municipal Code, as amended. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: December 10, 2012 BY: Leroy Garcia COUNCIL PERSON PASSED AND APPROVED: December 26, 2012 BACKGROUND PAPER FOR PROPOSED ORDINANCE DATE: December 26, 2012AGENDA ITEM # R-6 DEPARTMENT: STORMWATER UTILITY DIRECTOR – EARL WILKINSON, P.E. TITLE: AN ORDINANCE AMENDING CHAPTER 12, TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO THE STORMWATER UTILITY AND CONFORMING SAME TO REQUIREMENTS OF STATE LAW ISSUE: Should City Council approve an amendment to the Stormwater Utility Ordinance to conform same to state law? RECOMMENDATION: Approval of the Ordinance . BACKGROUND: The enclosed Ordinance amends the Stormwater Utility Ordinance by requiring developers to implement and maintain temporary stormwater best management practices on construction sites and adds to the definition of allowable non-stormwater discharges that are not considered significant sources of pollutants. This amendment to the Stormwater Utility Ordinance is mandated by the Colorado Department of Public Health and Environment in order for the City to remain in compliance with its Municipal Separate Storm Sewer System Permit. FINANCIAL IMPACT: The revision of the ordinance would have no impact on the overall budget of the Stormwater Department.