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HomeMy WebLinkAbout07427ORDINANCE NO. 7427 AN ORDINANCE AMENDING CHAPTER 12 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO STORMWATER AND ILLICIT CONNECTIONS AND UNLAWFUL DISCHARGES TO STORMWATER FACILITIES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets indicate matter deleted, underscoring indicates matter added) SECTION 1 Section 16 -12 -3 of Chapter 12 of Title XVI of the Pueblo Municipal Code, as amended, is amended by the addition of subsections (3.5), (3.7), (6.5) and (10.5) 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) Illicit Connection means any drain, pipe or conveyance, whether located on the ground surface or below ground, which allows an illegal discharge to enter the City's storm drainage system, or any drain, pipe or conveyance discharging into the City's storm drainage system (even if the conveyance is located outside the corporate boundaries) any sewage, industrial or commercial process wastewater, or other non -storm water containing a pollutant. (3.7) 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 fire training; 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; and such other waters as the City has determined, by regulation adopted by the Director of the stormwater utility enterprise which has 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. (6.5) Pollutant as used in this Chapter means any contaminant of water discharged into stormwater facilities except those which are naturally occurring in stormwater runoff and area groundwater. Pollutants include, but are not limited to, the following: paints, varnishes and solvents; oil, antifreeze, transmission fluid and other automotive fluids; liquid, semi -solid and solid wastes; refuse, rubbish, garbage, and litter; pesticides, herbicides and fertilizers; sewage, animal feces, pathogens, and sanitary waste; commercial carpet cleaning discharges; grease; power wash discharges; and dissolved and particulate metals other than those naturally occurring in stormwater and local groundwater; Storm drainage system means City owned or controlled stormwater facilities. SECTION 2 Chapter 12 of Title XVI of the Pueblo Municipal Code is hereby amended by the addition of new sections 16 -12 -21 and 16 -12 -22 to read as follows: Sec. 16- 12 -21. Unlawful acts; enforcement. (a) It shall be unlawful and a municipal offense 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. It shall be unlawful and a municipal offense for any person to make, use, maintain or continue existence of any illicit connection to the City =s storm drainage s sy tem. (c) Any person found guilty of any violation of this Chapter declared to be a municipal offense shall be punished as provided in Section 1 -2 -1 of this Code. In the event any person, firm or corporation fails or refuses to comply with the requirements of this Chapter or violates any provision of this Chapter, the City or its stormwater utility enterprise or the Health Officer may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with this Chapter. (e) Illicit connections to the City's stormwater drainage system and illegal discharges to the City's stormwater drainage system are each hereby declared to be a nuisance, and may be abated in accordance with the procedures set forth in Section 11-1 - 405(e) 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 Section. (f ) The enforcement remedies set forth in this Chapter are cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, nor shall it constitute any bar or limitation to the exercise of any other remedy. Sec. 16- 12 -22. Inspection, access to property. (a) If the Director shall, at any time have reasonable grounds to believe that an illegal discharge from any premises has occurred or is occurring, or has reasonable grounds to believe that an illicit connection exists from any premises to the City's stormwater drainage system, the Director of the stormwater utility enterprise, the Director's designated inspectors and the Health Officer shall each have authority to enter upon any such premises, inspect said premises and take samples of any discharge or suspected discharge from said premises. In the event any owner or occupant of premises within the City refuses entry to the Director or his designated inspectors or to the Health Officer, or if the premises are locked, or if the Director or designated inspector or Health Officer is unable to obtain permission of the owner or occupant to enter, the Municipal Court is authorized to issue an inspection or search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Municipal Court Rules. SECTION 3 This Ordinance shall become effective thirty (30) days after final passage and approval. INTRODUCED December 12, 2005 BY Michael Occhiato Councilperson APPROVED: PIRESMENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED December 27, 2005 4 . LD Jj� G Background Paper for Proposed ORDINANCE , #9L12 AGENDA ITEM # aB� DATE: DECEMBER 12, 2005 DEPARTMENT: STORMWATER UTILITY DENNIS MARONEY, DIRECTOR TITLE AN ORDINANCE AMENDING CHAPTER 12 OF TITLE XVI OF THE PUEBLO MUNICIPAL CODE RELATING TO STORMWATER AND ILLICIT CONNCECTIONS AND UNLAWFUL DISCHARGES TO STORMWATER FACILITIES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should the City Council approve an ordinance amending Chapter 12 of Title XVI of the Pueblo Municipal Code relating to Stormwater and illicit connections and unlawful discharges to stormwater facilities? RECOMMENDATION Approval of this Ordinance. BACKGROUND The City of Pueblo has been issued General Permit RO COR- 090040, on March 10, 2003, from the Colorado Department of Public Health and Environment for stormwater discharges associated with Municipal Separate Storm Sewer systems (MS4s). Under the state's General Permit, the City is required to develop, implement and enforce a program to detect and eliminate illicit discharges into the City's stormwater system. The Stormwater Department has developed a stormwater map with GPS coordinates for all stormwater elements. An inspection program has been initiated to detect and address all non - stormwater discharges. The City has distributed educational brochures for the past 2 years regarding non - stormwater discharges and the need to improve stormwater quality. This ordinance provides the regulatory mechanism to effectively prohibit non - stormwater discharges into the City's stormwater system and implement appropriate enforcement procedures and actions. FINANCIAL IMPACT The inspection program has been implemented within the Stormwater Department. The Ordinance provides appropriated enforcement procedures and action without additional financial obligations to the Stormwater Department.