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RESOLUTION NO. 13646
A RESOLUTION IN SUPPORT OF PUEBLO COUNTY’S
AND THE LOWER ARKANSAS RIVER WATER
CONSERVANCY DISTRICT’S EFFORTS TO HOLD THE
CITY OF COLORADO SPRINGS ACCOUNTABLE FOR
VIOLATIONS OF THE CITY'S MS-4 STORM WATER
PERMIT FOR MONUMENT CREEK AND FOUNTAIN
CREEK
WHEREAS, on November 1, 2011, the U.S. Environmental Protection Agency
("EPA") and the Colorado Department of Public Health and the Environment ("CDPHE")
issued Colorado Springs a Municipal Separate Storm Sewer System Discharge Permit
("MS4 Permit") which authorized the discharge of storm water generated in Colorado
Springs into Monument and Fountain Creeks and ultimately into the Arkansas River; and
WHEREAS, on August 18, 2015, the EPA conducted an audit of Colorado Springs
MS4 storm water discharge permit; and
WHEREAS, the EPA's subsequent inspection report contained a scathing critique
of Colorado Springs storm water program; and
WHEREAS, on November 9, 2016, the EPA and CDPHE filed a lawsuit against
the City of Colorado Springs in the U.S. District Court for the District of Colorado, Case
No. 16-CV-02745, seeking an injunction against future violations of the MS4 Permit. The
Lower Arkansas Valley Water Conservancy District (“District”) and Pueblo County have
subsequently intervened in the lawsuit to protect the interests of the residents of Pueblo
County and southeastern Colorado. NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City of Pueblo commends and supports Pueblo County’s and the Lower
Arkansas River Water Conservancy District’s efforts to hold the City of Colorado Springs
accountable for violations of the City's MS-4 storm water permit for Fountain Creek and
Monument Creek.
SECTION 2.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution to implement the policies and
procedures described herein.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED March 27, 2017
BY: Robert Schilling
City Clerk’s Office Item # Q-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: March 27, 2017
TO: Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: President Stephen G. Nawrocki
SUBJECT: A RESOLUTION IN SUPPORT OF PUEBLO COUNTY’S AND THE LOWER
ARKANSAS RIVER WATER CONSERVANCY DISTRICT’S EFFORTS TO HOLD
THE CITY OF COLORADO SPRINGS ACCOUNTABLE FOR VIOLATIONS OF
THE CITY'S MS-4 STORM WATER PERMIT FOR MONUMENT CREEK AND
FOUNTAIN CREEK
SUMMARY:
Attached is a Resolution endorsing Pueblo County’s and the Lower Arkansas River Water
Conservancy District’s (“District”) efforts to hold the City of Colorado Springs accountable for
violations of the City's MS-4 storm water permit for Fountain Creek.
PREVIOUS COUNCIL ACTION:
Not applicable to this Resolution.
BACKGROUND:
On November 1, 2011, the U.S. Environmental Protection Agency ("EPA") and the Colorado
Department of Public Health and the Environment ("CDPHE") issued Colorado Springs a
Municipal Separate Storm Sewer System Discharge Permit ("MS4 Permit") which authorized the
discharge of storm water generated in Colorado Springs into Monument and Fountain Creeks and
ultimately into the Arkansas River. On August 18, 2015, the EPA conducted an audit of Colorado
Springs MS4 storm water discharge permit. The EPA's subsequent inspection report contained
a scathing critique of Colorado Springs storm water program.
On November 9, 2016, the EPA and CDPHE filed a lawsuit against the City of Colorado Springs
in the U.S. District Court for the District of Colorado, Case No. 16-CV-02745, seeking an injunction
against future violations of the MS4 Permit. The District and the County have subsequently
intervened in the lawsuit to protect the interests of the residents of Pueblo County and
southeastern Colorado.
FINANCIAL IMPLICATIONS:
The City of Pueblo's goal is to preserve the flood protection of the Fountain Creek Levees at or
above the 100-year flood level. If the lawsuit against the City of Colorado Springs in successful,
the City's potential future costs of dredging and sediment removal on Fountain Creek will be
eliminated or greatly reduced and the water quality of Fountain Creek will be greatly improved.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
City Council has the option of not becoming involved in the resolution of the water quality problems
in Fountain Creek.
RECOMMENDATION:
Approve the Resolution.
Attachments: Proposed Resolution