Stormwater Title 16

Article 2. Definitions

16.2.1 Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

16.2.2 Construction Activity
Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of 5 acres or more. Such Activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

16.2.3 Dechlorinated
Less than 1 ppm chlorine.

16.2.4 Hazardous Materials
Any material, including any substance, waste or combination thereof, which because of its quantity, concentration, or physical chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated stored, transported, disposed of, or otherwise managed.

16.2.5 Illegal Discharge
Any direct or indirect release of any substance, other than storm water drainage runoff and naturally occurring groundwater, to the storm drain system, except as exempted in Section 16.4.1 A of this Title.

16.2.6 Illicit Connections
An illicit connection is defined as any of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system form indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved, or any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent record and approved by the District.

16.2.7 Industrial Activity
Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) (14).

16.2.8 National Pollutant Discharge Eliminations System (NPDES) Storm Water Discharge Permit
A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342 (b) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

16.2.9 Non-Storm Water Discharge
Any discharge to the storm drain system that is not composed entirely of storm water.

16.2.10 Person
Any individual, association, organization, partnership, firm, corporation or there entity recognized by law and acting as either the owner or as the owner’s agent.

16.2.11 Pollutant
Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil, antifreeze and other automotive fluids; non hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables’ pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals other than those naturally occurring in storm water and local ground water; animal wastes; carpet cleaning discharges; power wash discharges; grease; wastes and residues that result from constructing of building or structure; and noxious or offensive matter of any kind.

16.2.12 Release
Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into ground-water, subsurface soils, storm drainage system, waters of the State or water of the United States.

16.2.13 Storm Drain System
Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, pipes storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

16.2.14 Storm Water
Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.

16.2.15 Storm Water Pollution Prevention Plan
A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to storm water, Storm water Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable.

16.2.16 Wastewater
Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

Article 3. Applicability

16.4.1 Applicability
No person shall discharge or cause to be discharged into the storm drain system or watercourses any material, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance or any illegal discharge to the storm drain system is prohibited except as described as follows:

• The following discharges are exempt from discharge prohibitions established by this Title: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater de-watering systems), crawl space pumps, air conditioning condensation, springs, individual residential washing of vehicles, natural riparian habitat or wet-land flows, dechlorinated swimming pools, fire fighting activities, and any other water source not containing Pollutants.
• Discharges specified in writing by the Board a being necessary to protect public health and safety.
• Dye testing to identify illicit discharges and assure compliance with this
• Title and the District’s MPDES permits. Such testing shall be preceded by a verbal notification to the District Manager prior to the time of the test.
• The prohibition shall not apply to any non-storm water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system.

16.4.2 Prohibition of Illicit Connections
The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.

• This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
• A person is considered to be in violation of this Title if the person connects or uses a line conveying sewage to the storm drain system, or allows such a connection to continue.

Article 5 Suspension of Access

16.5.1 Emergency Situations
The District may, without prior notice, suspend storm drain system discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the storm drain system or Water of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the drain system or Water of the United States, or to minimize danger to persons.

16.5.2 Detection of Illicit Discharge
Any person discharging to the storm drain system in violation of this Title may have their storm drain system access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its storm drain system access. The violator may petition the authorized enforcement agency for a reconsideration and hearing.

A person violates this Title if the person reinstates storm drain system access to premises terminated pursuant to this Title and Article without the prior approval of the District.

Article 6 Industrial or Construction Activity Discharges

16.6.1 Applicability
Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to District prior to the allowing of discharges to the storm drain system.

Article 7 Monitoring of Discharges

16.7.1 Applicability
This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity.

16.7.2 Access to Facilities
A. The District shall be permitted to enter and inspect facilities subject to regulation under this Title as often as may be necessary to determine compliance with this Title. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the District.

• Facility operators shall allow the District ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.
• The District shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the District to conduct monitoring and/or sampling of the facility’s storm water discharge.
• The District has the right to require the discharger to install monitoring equipment as necessary. The facility’s sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure storm water flow and quality shall be calibrated to ensure their accuracy.
• Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and /or samples shall be promptly removed by the operator at the written or oral request of the District and shall not be replaced. The costs of clearing such access shall be borne by the operator.
• Unreasonable delays in allowing the District access to a permitted facility is a violation of a storm water discharge permit and of the Title. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits a violation if the person denies the District or its representative’s reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this Title.
• If the District has been refused access to any part of the premises from which storm water is discharges, and the District is able to demonstrate probable cause to believe that there may be a violation of this Title, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare or the community, then the District may seek issuance of a search warrant from any court of competent jurisdiction.

Article 8 Requirement to Prevent, Control & Reduce Storm Water Pollutants by the Use of Best Management Practices

16.8.1 - The District will adopt requirements identifying Best Management Practices (BMPs) for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U. S The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge or prohibited material or other wastes into the municipal storm drain system or watercourses through the use of these structural and non structural BMPs. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person’s expense, additional structural and non structural BMPs to prevent the further discharge of pollutants to the municipal separate storm sewer system. Compliance with all terms and conditions of the valid NPDES permit, authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMPs shall be part of a storm water pollution prevention plan (SPP) as necessary for compliance with requirements of NPDES permit.

Article 9 Watercourse Protection

16.9.1 - Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structure within or adjacent to a water course, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Article 10. Notification of Spills

16.10.1 - Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of material which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U. S said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the District within three business days or the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and actions taken to prevent its recurrence. Such records shall be retained for at lease three years.

Article 11 Enforcement

16.11.1 Notice of Violation
Whenever the District finds that a person has violated a prohibition or failed to meet a requirement of this Title, the District may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

• The performance of monitoring, analysis, and reporting;
• The elimination of illicit connection or discharges;
• That violating discharges, practices, or operations shall cease and desist;
• The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and
• Payment of a fee to cover administrative and remediation costs; and
• The implementation of source control or treatment BMPs.

16.11.2 Notice Deadline
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediate or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator.

16.11.3 Appeal of Notice of Violation
Any person receiving a Notice of Violation may appeal the determination of the District. The notice of appeal must be received within seven (7) days from the date of the Notice of Violation. Hearing on the appeal before the District or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the District or their designee shall be final.

16.11.4 Enforcement Measures after Appeal
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within fifteen (15) days of the decision of the District, then representatives of the District shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the isolation and/or restore the property. It shall be a violation of this Title for any person, owner, agent or person in possession of any premises to refuse to allow the District or designated contractor to enter upon the premises for the purposed set forth above.

16.11.5 Cost of Abatement of the Violation
Within fifteen (15) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within fifteen (15) days. If the amount due is not paid within a timely manner as determined by the decision of the District or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.

16.11.6 Injunctive Relief
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Title. If a person has violated or continues to violate the provisions of this Title, the District may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.

16.11.7 Compensatory Action
In lieu of enforcement proceedings, penalties, and remedies authorized by this Title, the District may impose upon violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.

16.11.8 Violations Deemed a Public Nuisance
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Title is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator’s expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.

16.11.9 Costs and Penalties

• A. Any person violating any of the provisions of this article shall become liable to the District by reason of such violation for all fees and costs and expenses incurred by the District including court costs and attorney fees for penalties as set forth herein. The liability shall be paid in not more than 12 equal payments. Interest at the rate of five (5)% per annum shall be assessed on the balance beginning on the fourteenth (14) day following the discovery of the violation.
• B. Any person that has violated or continues to violate this Title shall be liable to pay penalties of up to one thousand ($1,000) dollars per violation per day, and/or imprisonment for a period of time allowed by State statues.
• C. The District may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this Title, including sampling and monitoring expenses.

16.11.10 Not Exclusive
The remedies listed in this Title are not exclusive of any other remedies available under any applicable federal, state, or local law and rule or regulation and it is within the discretion of the District to seek cumulative remedies.

Article 12 Effective Date

16.2.1 - This Title 16 shall be effective immediately upon passage of a Resolution approving and adopting this Title 16 as part of the Rules and Regulations of the Pueblo West Metropolitan District by the District Board of Directors.

• Resolution No. 1835 (PDF)