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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 -2- 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 -3-