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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.
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(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.
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(e)
(c) Upon the completion of the design of all detention facilities,
the developer will submit documentation outlining the terms of facility
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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.