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HomeMy WebLinkAbout969 Enacting Chapter 13.13 of Title 13 of Municipal Code Stormwater Quality 02-26-2020AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO ENACTING CHAPTER 13.13 OF TITLE 13 OF THE FIRESTONE MUNICIPAL CODE REGARDING STORMWATER QUALITY WHEREAS, the Town %J Firestone ("Town") is a Colorado statutory Town, with all powers and authority as provided by law; and WHEREAS, the Town has been designated by the Colorado Department of Public Health and Environment as a regulated Municipal Separate Storm Sewer System; and WHEREAS, this designation is in compliance with the provisions of the Colorado Water Quality Control Act, (§25-8401 et seq., CRS, 1973, as amended) and the Federal Water Pollution Control Act as amended (§33 U.S.C. 1251 et seq.); and WHEREAS, the Town has been issued a Municipal Separate Storm Sewer System Phase II ("MS4")permit ("Permit"), Certification Number COR090113, through the Colorado Discharge Permit System to discharge stormwater to the St. Vrain Creek; and WHEREAS, as a condition of this Permit the Town is required to adopt an ordinance prohibiting illicit discharges and connections into the Town's municipal separate storm sewer system and enacting measures to control construction site stormwater runoff; and WHEREAS, the requirements herein shall apply to any party conducting activities regulated by the Permit within the Town's corporate limits that have an impact on the Town's municipal separate storm sewer system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE COLORADO: Section 1. Chapter 13.13, Stormwater Quality, of the Firestone Municipal Code is enacted to provide as follows: 13.13.10 —Purpose and Intent The purpose of this Chapter is to regulate non-stormwater discharges to the municipal separate storm sewer system (MS4), as required by federal and state law, to protect and enhance the quality of water discharged to the Town's MS4 and subsequent receiving waters. The objectives of this Chapter are: A. To regulate and prevent contributions of pollutants to the Town's MS4; B. To prohibit illicit connections and illicit discharges to the Town's MS4; C. To ensure MS4 Permit requirements for Construction and Post -construction are met; D. To establish procedures to carry out the inspections, monitoring and enforcement actions necessary to ensure compliance with this Chapter; and, E. To protect the health, safety, and general welfare of the citizens of the Town through the regulation of non-stormwater discharges to the MS4. 13.13.020 —Applicability This Chapter shall apply to all waters entering the Town's MS4 on any developed and undeveloped lands unless explicitly exempted by this Chapter. 13.13.30 —Definitions 1 Unless the context specifically indicates otherwise, the following terms and phrases, as used in this Chapter, shall have the following meanings: A. Best Management Practices (BMPs) means schedules of activities, prohibitions ofpractices, maintenance procedures, and other management practices to prevent or reduce to the maximum extent practicable the pollution of `state surface waters'. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. BMP is used interchangeably with the term control measure, and can include other methods such as the installation, operation, and maintenance of structural controls and treatment devices. B. CDPHE means the Colorado Department of Public Health and Environment. C. CDPS means Colorado Discharge Permit System. D. Common Plan of Development means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules, but remain related. Contiguous means activities located in close proximity to each other (within '/4 mile) or within the same preliminary or final plat. E. Construction Activities means ground surface disturbing and associated activities (land disturbance), which include, but are not limited to, clearing, grading, excavating, demolition, installation of new or improved haul roads or access roads, staging areas, stockpiling of fill materials, and borrow areas. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line grade, hydraulic capacity, or original purpose of the facility. Construction activity is from initial ground breaking to final stabilization regardless of ownership of the construction activity. F. Control Measure (CM) means any best management practice or other method used to prevent or reduce the discharge of pollutants to waters of the state. Control measures include, al not limited to best management practices. Control measures can include other methods such as the installation, operation, and maintenance of structure controls and treatment devices. G. Town Engineer means the Town Engineer or authorized designee. H. Final Stabilization means the condition reached when all ground surface disturbing activities at the site have been completed, and for all areas of ground surface disturbing activities a uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre -disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. I. Illicit Connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the MS4, including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the MS4 from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved. J. Illicit Discharge means any discharge to a municipal separate storm sewer system that isnot composed entirely of stormwater runoff, except as excluded in section 13.13.050 of this Chapter. 2 K. Land Disturbance means the land's surface disturbed by any work activity upon the property by means including but not limited to grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil or other materials; or other activities which expose soil. Land disturbance does not include the tillage of land that is zoned agricultural. L. Municipal Separate Storm Sewer System (MS4) means a conveyance or system of conveyances (including: roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by any public body (created by or pursuant to the state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to state waters; 2 Designed or used for collecting or conveying stormwater 3. Which is not combined sewer; and, 4. Which is not part of a Publicly Owned Treatment Works M. Operator means the person who is responsible for the overall operation of the facility or activity from which the associated discharge originates. N. Owner means the person who owns and is financially responsible for a facility, development, part of a facility, or land. O. Permanent CMs means those permanent stormwater quality control measures, including but not limited to, grass buffers and swales, modular block porous pavement, porous pavement and landscape detention, sand filter and extended detention basins, constructed wetlands basins and channels, and proprietary (underground) CMs to be properly installed and regularly maintained in order to treat stormwater runoff and ensure long term water quality enhancement. P. Pollutant includes but is not limited to any dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, municipal or agricultural waste. Q. Pollution means the presence in waters of the state of any substances, contaminants, or manmade or rnan-induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation. R. Post Construction means the set of requirements applicable to any site or common plan of development or sale which has disturbed an area greater than or equal to one acre or part of a larger common plan of development. S. Stop Work Order means an order issued by the Town Engineer which requires that all construction activity on a site be stopped. T. Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. 3 U. Stormwater Managernent Plan (SWMP) means the state required document developed and maintained by owners and or operators of construction activities to assure compliance with the general permit for stormwater discharges associated with construction activities. V. Stormwater Quality Permit (SQP) means a permit issued to a person pursuant to the requirements of this Chapter, to conduct certain land disturbance activity. W. Temporary CMs means temporary sediment and erosion control CMs, including, but not limited to, silt fencing, wattles, vehicle tracking control pads, inlet filters, diversions, rundowns, sediment traps and ponds, dewatering structures, rip rap, erosion control mats, and waste control CMs, including but not limited to, concrete washouts, to be installed and regularly maintained to prevent erosion and keep sediment and waste from discharging off. site prior to Final Stabilization, X. Waters of the State of Colorado (waters of the state) means any and all subsurface waters which are contained in or flow in or through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distributions systems, and all water withdrawn for use until use and treatment have been completed. This definition can include water courses that are usually dry. 13.13.040 —Responsibility for Administration The Town Engineer shall administer, implement, and enforce the provisions of this Chapter. 13.13.50 —Illicit Discharges Prohibited A. It is unlawful and constitutes a public nuisance for any person to discharge or cause to be discharged or spilled, or to maintain a condition upon any property that may result in the discharge of, any substance other than naturally occurring Stormwater runoff into the Town's MS4. B. Discharges from the following activities, when properly managed, are excluded from the prohibitions established by this Chapter: 1. Landscape irrigation and lawn watering. 2. Diverted stream flows. 3. Irrigation return flow. 4. Rising ground waters. 5. Uncontaminated groundwater infiltration 6. Uncontaminated pumped groundwater. 7. Springs. 8. Flows from riparian habitats and wetlands. 9. Water line flushing. 10. Discharges from potable water sources. 11. Foundation and or footing drains. 12. Air conditioning condensation. 13. Water from crawl space pumps. 14. Individual residential car washing. 15. Water incidental to street sweeping (including associated sidewalks and medians) and that is not associated with construction. 16. Dye testing, in accordance with the manufacturers recommendations. 17. Stormwater runoff with incidental pollutants. 18. Discharges resulting fiom emergency firefighting activities. 19. Discharges authorized under a separate CDPS or NPDES permit. 20. Agricultural stormwater runoff 21. Discharges in accordance with the CDPHE Water Quality Control Division's Low Risk Policy guidance documents. C. Nothing contained in this section shall be construed to relieve any person discharging or causing to be discharged any substance into the Town's MS4 fi•om any liability for damage caused by the quantity, quality, or manner of discharge. 13.13.060 —Illicit Connections Prohibited The construction, use, maintenance or continued existence of illicit connections to the Town's MS4 is prohibited. This prohibition expressly includes, without limitation, illicit connections made prior to enactment of this Chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 13.13.70 —Threatened Discharges A. It is unlawful to cause materials to be deposited in such a manner or location as to constitute a threatened discharge into the Town's MS4 or waters of the state. Pollutants that are no longer contained in a pipe, tank or other container are considered to be threatened discharges unless they are actively being cleaned up. 1. Cleaning ofpaved surfaces required. The owner of any paved parking lot, street or drive shall clean the pavement as necessary to reduce, to the maximum extent practicable, an illicit discharge of pollutants. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping, collection and treatment of wash water or other methods in compliance with this Chapter. 2. Materials storage. Materials including, but not limited to, stockpiles used in construction and landscaping activities shall be stored to reduce, to the maximum extent practicable, the release of pollutants. No owner or operator shall place, store, maintain or allow to accumulate on public property or right-of-way any stockpile, pile, storage, accumulation of construction material or landscape materials, unless such activity is subject to a Stormwater quality permit, or such person is an employee, official or contractor to the Town acting within the scope of their municipal functions. 3. Pesticides, herbicides and fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Pesticides, herbicides and fertilizers shall be stored in a manner to prevent release to the Town's MS4. 13.13.080 —Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for• any premises, facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in iRegal discharges or pollutants discharging into the Town's MS4, or waters of the state, that person shall take all necessary steps to ensure the discovery, assessment, 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. 13.13.90 —Stormwater Quality Permit A. Permit r•eyui�ed. It shall be unlawful for any person without first acquiring a Stormwater quality permit ("SQP") to conduct any construction activities resulting in a land disturbance equal to or greater than one (1) acre or less than one (1) acre but part of a larger common plan of development, even though multiple, separate and distinct land development activities may take place at different times on different schedules. The Town may also require a SQP regardless of the size of the total disturbed area in conjunction with approval of a final subdivision plat, special use permit, or site development plan. B. Performance Seca�f•ity. As a condition for the issuance of an SQP, applicants may be required to provide performance security in the form of cash, a surety bond, or irrevocable letter of credit. The amount of the performance security shall be based upon one hundred fifteen percent (115%) of the estimated cost of the work required to ensure compliance with the SQP's terms and conditions and requirements of this Chapter. The performance security, less any deductions, shall be released upon the Town Engineer's determination that the permittee has successfully completed all required work, reached final stabilization, and met all other requirements of this Chapter. C Permit application and fee. Persons required to obtain an SQP shall pay all required permit fees and complete and file with the Town an application on a form prescribed by the Town. In support of the application, the applicant shall submit all information required on the Town's form and any additional information requested by the Town. The application shall be signed by a person responsible for compliance with the permit throughout the permit's validity. The application shall include documentation of an application for a CDPHE stormwater general permit for construction activities. D. IssL�ance or denial ofpermit. The Town shall, upon its receipt of a completed SQP application, either issue or deny a permit. A permit may be denied if the applicant fails to provide the information, provide the performance security, or pay the fees required by this Chapter. If a permit is denied, the applicant shall be notified of such in writing. The notification shall set forth the grounds for denial and inform the applicant of what corrective actions must be taken to obtain a permit. An applicant may appeal the denial in writing to the Town Engineer no later than thirty (30) calendar days fiom the date of issuance of denial. The appeal must set forth the grounds for the appeal and include any documents in support of the applicant's appeal. The Town Engineer shall within thirty (30) calendar days from the date of issuance of receipt of an appeal rule on the matter based solely upon review of the application, denial, appeal, and all documents related thereto. The parties shall receive written notice of the Town Engineer's decision. E Exemptions. A SQP is not required for the following activities: 1. If the discharge is from a parcel or area not under the jurisdictional authority of the Town, or is under the authority of another Stormwater permit entity. 2 If the proposed land disturbance is an agricultural land management activity. 3. If the activities are specitically exempted in the Town's MS4 permit and the Town Engineer determines are applicable to the SQP. 13.13.100 —Construction Stormwater Management For construction activities subject to the requirements of this Chapter, the following shall apply: A. Preparation of SWMP. In addition to all CDPHE requirements, the SWMP shall be prepared and implemented in accordance with engineering, hydrologic and pollution control practices outlined in the Town's most current design standards and construction specifications for public improvements. B. SWMP required onsite. The permittee shall have the approved and updated SWMP onsite at all times, though an electronic copy shall suffice. A minor modification to the SWMP is required if at any time, the specified control measures do not meet the objectives of this Chapter or equivalent or better control measures are implemented. When there is significant change in design, construction, operation, or maintenance which has a significant effect on the hydrology or potential for discharge of pollutants to the MS4 or receiving waters, a revised SWMP shall be submitted to the Town for review and acceptance. The updated SWMP shall be made available to the Town upon request. C. Installation of Temporary CMs. The permittee shall ensure temporary CMs are implemented for all pollutant sources throughout all stages of construction from the initial inspection until final stabilization has been certified by the Town Engineer. A b�spection of Temporary CMs. The permittee shall inspect all temporary CMs at one (1) of the frequencies available in the CDPHE issued permit. Inspections of CMs shall be conducted by a person with formal training in erosion and sediment control. A certification of successful completion shall be provided upon request by the Town. Records of inspections are to be maintained on site with the SWMP and are to be available to the Town upon request. E. Maintenance of Temporacy CMs. Temporary CMs shall be continuously maintained to their designed functional capacity and restored immediately when damaged. When a CM is deemed to be missing, ineffective, or inappropriate, the permittee shall replace the CM with an appropriate CM, or remove the CM, and maintain it as required. 13.13.110 —Technical Standards and Specifications All CMs designed to meet the requirements of this Chapter shall, as applicable, comply with the most current following technical standards: A. Town of Firestone Design Standards and Construction Specification for Public Improvements B. "Urban Drainage and Flood Control Districts Urban Storm Drainage Criteria Manual", Volume 3, Stormwater Quality, or its successor. C. Any other- alternative methodology approved by the Town, which is demonstrated to be effective in meeting the requirements of this Chapter. Specifications and details, as well as maintenance requirements must be reviewed and accepted by the Town Engineer prior to use. 13.13.120 — Post -construction Stormwater Management A. Permanent CMs. Public and private construction activities that meet the requirements of this Chapter, unless exempted by the Town's MS4 permit, must address Stormwater quality through the 7 use of permanent CMs which shall be maintained by the owner in perpetuity as shown on the approved final plat, development agreement, or maintenance agreement. 1. Treatment structural CMs, such as but not limited to, inlets, oretention, grass swales and buffers, extended detention basins, sand filters, permeable pavement, constructed wetland ponds and channels, and underground control measures located on private property shall be owned and operated by the owner(s) of the property on which the control measure is located. 2 Nonstructural CMs, such as site operations, employee training, and site planning incorporating all currently available technology, as appropriate, to address stormwater quality shall be implemented by the owner or operator in perpetuity. 3. As a condition of approval, the owner shall also agree to maintain the permanent CM to its design capacity and functionality unless or until the Town relieves the owner of that responsibility in writing. B. Certification and as-builtsubmittal. During installation ofpermanent CMs, engineering inspections must be conducted at key installation points to ensure proper installation and functionality. Inspection documents will be made available to the Town upon request. Upon completion of the project, and before construction acceptance and/or certificate of occupancy is granted, the Town shall be provided a certified as -built and written certification by a Colorado licensed professional engineer stating that the completed project is in compliance with the approved final plan and phase III drainage report and that the permanent CM will function as designed. A final inspection by the Town is required before the release of any Performance Security posted pursuant to this Chapter. C. Ongoing inspection and maintenance of permanent CMs. 1. Maintenance agr•een2ent. The owner of the site containing permanent CMs shall maintain such CMs in accordance with this Chapter. The maintenance agreement shall run with the all and shall be binding on all subsequent owners of the site containing permanent CMs. Failure of any owner to receive actual notice of its obligation to maintain permanent CMs pursuant to this Chapter shall not absolve an owner of obligation to meet the permanent CM maintenance requirements. 2 Lnil g term inspection acid maintenance. Permanent CMs included in phase III drainage reports must undergo ongoing inspections by the owner to document maintenance and repair needs and to ensure compliance with the requirements of phase III drainage report, the written policies and procedures adopted by the Town Engineer, and this Chapter. Inspection reports will be made available to the Town Engineer upon request. 3. Substitution of Entity of Perpetual Existence. At the Town's sole election, the maintenance and inspection obligation imposed under this Chapter• may be approved for assignment in writing to an entity of perpetual existence, such as a metropolitan district or other special district with sufficient financial capability. The property owner shall have the burden of establishing financial capability to the Town Engineer's satisfaction. D. Existing Permanent CMs 1. If review of a land development proposal demonstrates that existing permanent CMs are in place to address water quality treatment for the site, and are sufficient to maintain water quality, no additional CMs will be required. Fug 2 If review of a land development proposal demonstrates existing vegetative buffers, or other existing site features provide adequate treatment for the proposed development, and are sufficient to maintain water quality, no additional CMs will be required. 3. If an existing CM is modified to accommodate additional stormwater flows fiom development or redevelopment undertaken pursuant to subdivision or site plan approvals issued by the Town after the effective date of this Chapter, the entire CM (including those portions in existence before the effective date of this Chapter) shall be subject to the maintenance requirements of this Chapter. 13.13.130 —Right of entry and Inspection of properties and facilities A Whenever necessary to conduct an inspection or investigation for compliance with the provisions of this Chapter or whenever the Town Engineer has probable cause to believe that there exists, in or upon any premises any condition which constitutes a violation of this Chapter, the Town Engineer shall have the right to enter the premises at any reasonable time to inspect the same or to determine if the owner or operator is complying with the requirements of this Chapter. If such premises is occupied, the Town Engineer will first present proper credential and request entry and if such premises is unoccupied will first make a reasonable effort to locate the owner, occupant or other person having charge or control of such property and if located will present proper credentials and request entry. If the owner, occupant or other person in charge or control cannot be located, a notice of intent to inspect and enter will be posted on the premises in a conspicuous location. The notice shall state that the property owner has a right to refuse entry and that in the event entry is refused, inspection may be made upon issuance of an administrative warrant by a municipal judge of the Town. If entry is refused or 24 hours after posting of the property the Town Engineer may appear before the municipal court judge and upon a showing of probable cause request an administrative warrant authorizing the Town Engineer to enter upon the property to conduct an inspection or investigation. B. In conducting investigations, the Town Engineer may set up on the property of any discharger to the MS4 such devices that are necessary to conduct an investigation of such discharges. The investigation may include, but is not limited to, the following: sampling of any discharge or process waters, the taking of photographs, interviewing staff on alleged violations, and access to any and all facilities or areas within the premises that may have any effect on the discharge. C. For the purposes of this section, "probable cause" exists where the facts and circumstances within the Town Engineer's knowledge are sufficient to warrant a person of reasonable caution that a violation of this Chapter exists or that the proposed measures and or equipment are necessary to investigate discharges to the Town's MS4 to ensure compliance with this Chapter. D. If the alleged violation constitutes an immediate danger to public health or public safety, the Town Engineer is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and or restore the property. 13.13.140 —Enforcement and Penalties A. Violation. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this Chapter. Any person who violates any of the provisions of this Chapter may be subject to the enforcement actions set forth in this section. B. Enforcement. All authorized personnel under the supervision of the Town Engineer shall have the power to conduct inspections and investigations give verbal direction, issue notices of violations and implement other enforcement actions under this section. 0 C. Abateineirt. The Town Engineer may in the event of any violation of the requirements and provisions of this Chapter seek abatement of such matter through initiation of an abatement action as set forth in Chapter 8.18 of the Code. D. Re -inspection fees. Whenever the Town Engineer determines that any activity is occurring which is not in compliance with the SQP requirements of this Chapter, the Town Engineer may impose a re -inspection fee. E. Stop work order. Whenever the Town Engineer determines that any activity is occurring which is not in compliance with the requirements of this Chapter, the Town Engineer may order the activity stopped upon service of written notice upon the responsible owner and or operator. The owner and or operator shall immediately stop all activity until authorized in writing by the Town Engineer to proceed. If the owner and or operator cannot be located, the notice to stop shall be posted in a conspicuous place upon the area where the activity is occurring and shall state the nature of the violation. It shall be unlawful for any owner and or operator to fail to comply with a stop work order. F. Ren2edies ��ot exclusive. The remedies in this Chapter are cumulative and the exercise of any remedy shall not prejudice any other remedies that may otherwise be pursued for a violation of this Chapter. The remedies listed in this Chapter are not exclusive of any other remedies available under any applicable federal, state or local law. 13.13.150 —Fees and costs All fees set forth herein this Chapter shall be established by resolution of the Town's Board of Trustees. Section 2. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Municipal Code of the Town of Firestone, Colorado. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 10 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this aWlh day of Febnn 2020. (NT% oNT WN OFFIRESTONE, COLORADO foe 1OTOWN mot F i Sindelar, ayor ATTEST:Y, G0� APPROVED AS TO FORM: own Attorney 11