HomeMy WebLinkAbout05721ORDINANCE NO. 5721
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII
OF THE 1971 CODE OF ORDINANCES RELATING TO
HAZARDOUS WASTE AND STORMWATER DISCHARGE
REQUIREMENTS APPLICABLE TO SUBDIVISIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
(Brackets indicate material being deleted; underscoring indicates
new material being added.)
SECTION 1.
Section 12 -4 -3 of Chapter 4 of Title XII of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended by
addition of new paragraphs (0.5) and (4.5) to read as follows:
For the purposes of this Chapter, certain terms and
words are herewith defined as follows:
(0.5) Hazardous substance: Any substance or combina-
tion of substances which, because of its quantity, concentra-
tion or physical, chemical or infectious characteristics may
(a) cause or significantly contribute to an increase in
mortality or an increase in serious irreversible, or incapac-
itating reversible illness; or (b) pose a substantial present
or potential hazard to human health or the environment when
improperly treated, stored, transported, or otherwise
managed. Additionally, the term shall include all substances
and materials defined as hazardous wastes or hazardous
substances under the Resource Conservation and Recovery Act
(42 U.S.C. §6901 et. set.), the Comprehensive Environmental
Response, Compensation and Liability Act (42 U.S.C. §9601
et. sea.), the Clean Water Act (33 U.S.C. §1251 et. sea.) or
under regulations implementing said Acts, whether now in
effect or hereafter adopted, including but not limited to
those listed in 40 C.F.R. Part 261. The term shall also
include oil, gasoline, and kerosene not confined within a
leakproof tank or enclosure.
(4.5) Stormwater discharge: The discharge or flow of
stormwater from or off a parcel of property through runoff,
snow melt runoff, surface runoff, drainage, or subsurface
flow, irrespective of whether such flow is confined or
unconfined.
SECTION 2.
Subparagraph (c) of paragraph (5) of subsection (J) of
Section 12 -4 -7 of Chapter 4, Title XII of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended to
read as follows:
12 -4 -7: MINIMUM STANDARDS
(J) IMPROVEMENTS
(5) Utilities
(c) Stor drainage. Adequate provisions
for stormwater drainage shall be provided in
accordance with standards specified by the City
Engineer and approved by the City Council. The
Subdivider shall also be required to provide appro-
priate special measures and facilities with respect
to any stormwater discharge from land associated
with industrial activity or from sites upon which
industrial activities or other activities with a
potential for release of hazardous substances had
been conducted in the past. Such special measures
and facilities shall be designed to insure: (i)
that the discharge of any pollutants in stormwater
discharge will be reduced to the maximum extent
practicable; (ii) that the stormwater discharge
will comply with any state, federal and local
effluent limitations applicable to stormwater
discharges; (iii) that any spill of hazardous
_substances or toxic material may be prevented or
contained to avoid or substantially reduce entry
into municipal stormwater facilities; (iv) that
there will not be a release or threatened release
of hazardous substances or hazardous wastes; and
(v) that stormwater will not be discharged into
municipal facilities which may cause or contribute
to a violation of a water quality standard.
SECTION 3.
Paragraph (1) of subsection (b) of Section 12 -4 -6 of Chapter
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4, Title XII of the 1971 Code of Ordinances of the City of Pueblo,
as amended is hereby amended by the addition of a new subparagraph
(m) to read as follows:
12 -4 -6: REQUIRED INFORMATION
(b) PLAT
(1) Drawing to be recorded:
(m) Certification by the Subdivider that an
environmental assessment has been performed
commensurate with the nature and prior history of
use of the subdivision property and that to the
best of the subdivider's knowledge and information,
no known hazardous substances are present within
the subdivision except as expressly stated therein.
RRC'TTON 4-
This Ordinance shall become effective on February 1, 1992.
ATTEST:
Ci y Clerk
TF 45.51
INTRODUCED: December 9 , 1991
By FAY KASTELIC
Councilperson
APPROVE
President of the City Council
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