8.26.010 Title.

This Ordinance shall be titled Pueblo County Stormwater Quality Ordinance.

Pueblo County Stormwater Quality Ordinance
Detection and Elimination of Illicit Discharges to
Storm Drainage Systems

(Ord. 20 § 1)

8.26.020 Authorization.

C.R.S. § 30-15-401, et seq., enables counties to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.

C.R.S. § 30-15-401(11)(a)(I), specifically authorizes counties that have been issued Municipal Separate Storm Drainage System Permits (MS4 permits) pursuant to Part 5 of Article 8 of Title 25, C.R.S., to adopt a stormwater ordinance to develop, implement, and enforce the stormwater management program required by the permit. (Ord. 20 § 2)

8.26.030 Purpose and Intent.

The Colorado Department of Public Health and Environment (Department) has issued to Pueblo County a “Municipal Separate Storm Drainage System” (MS4) permit. As a condition of the issuance of this permit, the Department requires that Pueblo County implement and enforce a regulatory mechanism to prohibit non-stormwater discharges into storm drainage systems in those portions of unincorporated Pueblo County covered by the MS4 Permit. A map of the area covered by the Permit shall be on file and available for review in the offices of the Pueblo County Department of Public Works.

The purpose of this Ordinance is to comply with the Department’s condition of permit issuance to Pueblo County and to provide for the health, safety, and general welfare of the citizens and residents of Pueblo County, Colorado by detecting and eliminating to the maximum extent practicable non-stormwater discharges on and into storm drainage systems in unincorporated Pueblo County.

The overall objectives of this Ordinance are:
(1) To regulate and prohibit the illicit discharge of non-stormwater discharges on and into storm drainage systems;
(2) To prohibit illicit connections to storm drainage systems; and
(3) To establish processes to carry out inspection, surveillance, monitoring and enforcement necessary to ensure compliance with this Ordinance.
(Ord. 20 § 3)

8.26.040 Applicability.

This Ordinance shall apply in the unincorporated area of Pueblo County, except in unincorporated areas of Pueblo County where there is existing MS4 permit such as the Pueblo West Metropolitan District. (Ord. 20 §4)

8.26.050 Definitions.

For the purposes of this Ordinance, the following shall mean:
Authorized Enforcement Agency: The Pueblo City/County Health Department and designated employees of such Department.

Best Management Practices (BMPs): Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of non-stormwater directly or indirectly into stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

Clean Water Act: The federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.), and any subsequent amendments thereto.

Construction Activity: Activities subject to NPDES Construction Permits. Currently these are construction projects resulting in land disturbance of 1 acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

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.

Illegal Discharge: Any direct or indirect non-stormwater discharge into a storm drain system.

Illicit Connections: (1) Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drainage system including but not limited to any conveyances which allow any non-stormwater discharge to enter the storm drainage system and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency OR, (2) Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

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

National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: A permit issued by the Environmental Protection Agency (EPA) or by the State of Colorado 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.

Non-Stormwater Discharge: Any discharge to a storm drainage system that is not composed entirely of stormwater except as specifically allowed herein. Non-stormwater discharges may include, but are not limited to: soil sediments from erosion of soils at construction sites; excessive nutrients such as nitrates and phosphates; paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects and accumulations that may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coli form and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

Non-stormwater discharges specifically do not include water line flushing or other potable water sources; landscape irrigation or lawn watering; irrigation return flows; diverted stream flows; rising ground water; ground water infiltration to storm drainages; uncontaminated pumped ground water; foundation or footing drains (not including active groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; water from non-commercial washing of vehicles; natural riparian habitat or wet-land flows; dechlorinated water (less than one PPM chlorine) from swimming pools; discharges from fire fighting activities; discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety; dye testing providing that verbal notification is given to the authorized enforcement agency prior to the time of the test; and 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 drainage system.

Person: Any individual, association, organization, partnership, firm, corporation, business or other entity recognized by law.

Premises: Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.

Storm Drainage System: Facilities in unincorporated Pueblo County by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Drainage System is synonymous with the term municipal separate storm sewer system (MS4).

Stormwater: Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation, including snowmelt.

Non-Stormwater Discharge Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person to identify sources of non-stormwater discharges at or on premises and the actions to eliminate or reduce non-stormwater discharges to stormwater and stormwater conveyance systems to the maximum extent practicable.

Watercourse: A channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake, including major drainage ways, in which stormwater and flood water flows either regularly or infrequently.

Waters of the State: Any and all surface and subsurface waters which are contained in or flow in or through the State of Colorado, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use and treatment until use and treatment have been completed. {Section 2(81) of the CDPS Regulations} (Ord. 20 §5)

8.26.060 Responsibility for Administration.

The authorized enforcement agencies shall coordinate the administration and thereafter the implementation and enforcement of the provisions of this Ordinance. (Ord. 20 §6)

8.26.070 Discharge Prohibitions.

A. Prohibition of Illegal Discharges.

(1) No person shall discharge or cause to be discharged non-stormwater into a storm drainage system or watercourses.

(2) No person shall dump or deposit any non-stormwater onto public or private premises when such dumping or deposit results in an illegal discharge to a storm drainage system.

B. Prohibition of Illicit Connections.

(1) No person shall construct, use, maintain or continue the existence of illicit connections to a storm drainage system.

(2) No person shall connect a line conveying sewage to a storm drainage system or allow such a connection to continue.

(3) 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. (Ord. 20 §7)

8.26.080 Industrial or Construction Activity Discharges.

Any person issued an NPDES industrial activity permit for stormwater discharge or issued an NPDES construction activity permit for stormwater discharge shall comply with all provisions of such permit. Proof of compliance with such permits may be required in a form acceptable to the authorized enforcement agency prior to allowing non-stormwater discharges to a storm drainage system. Failure to comply with the provisions of such permits is a violation of this Ordinance. (Ord. 20 §8)

8.26.090 Monitoring Discharges from Industrial and Construction Activities.

A. Access to Premises.

(1) The authorized enforcement agency shall be allowed to enter and inspect premises of any person issued an NPDES industrial activity permit for stormwater discharge or issued an NPDES construction activity permit for stormwater discharge as often as may be necessary to determine compliance with this Ordinance. If such person has security measures in force that require proper identification and clearance before entry into its premises, such person shall make the necessary arrangements to allow access to the authorized enforcement agency.

(2) The authorized enforcement agency shall be allowed 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 the NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law.

(3) Any temporary or permanent obstruction to safe and easy access to the premises to be inspected and/or sampled shall be promptly removed by the NPDES permittee at the written or oral request of the authorized enforcement agency and shall not be replaced. The costs of clearing such access shall be borne by the NPDES permittee.

(4) Refusal to allow or unreasonable delays in allowing the authorized enforcement agency access to the NPDES permittee’s premises for the purpose of conducting any activity authorized or required by this Ordinance is a violation of the NPDES industrial activity or construction activity a stormwater discharge permit and of this Ordinance.

(5) If the authorized enforcement agency has been refused access to any part of the NPDES permittee’s premises from which stormwater is discharged, and the agency is able to demonstrate probable cause to believe that there may be a violation of the NPDES permit and/or this Ordinance, 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 the NPDES permit or this Ordinance, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance an administrative search warrant from any court of competent jurisdiction.

B. Monitoring and Sampling

(1) The authorized enforcement agency shall have the right to set up on the NPDES permittee’s premises such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the stormwater discharge.

(2) The authorized enforcement agency has the right to require the NPDES permittee to install monitoring equipment as necessary. The permittee shall, at its own expense, maintain at all times in a safe and property operating condition the sampling and monitoring equipment. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (Ord. 20 §9)

8.26.100 Requirement to Prevent, Control, and Reduce Non-Stormwater Discharges by the use of Best Management Practices.

A. Implementation of BMPs

(1) Persons shall provide, at their own expense, reasonable protection from accidental release of non-stormwater discharges on or into the stormwater drainage system or into watercourses through the use of structural and non-structural BMPs.

(2) The authorized enforcement agency may require any person owning, occupying or otherwise responsible for a premises, which is, or may be, the source of a non-stormwater discharge to implement, at said person's expense, additional structural and non-structural BMPs to prevent the further release of non-stormwater discharges to the storm drainage system.

B. BMPs by NPDES Permittee.

(1) Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity and construction activity, to the extent practicable, shall be deemed compliance with the provisions of this Section 10.

(2) These BMPs shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. (Ord. 20 §10)

8.26.110 Watercourse Protection.

A. Every person owning, occupying or otherwise responsible for a premises through which a watercourse passes, shall keep and maintain that part of the watercourse within the premises free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse.

B. In addition, the owner, occupant or responsible person shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 20 §11)

8.26.120 Notification of Spills.

A. Notwithstanding other requirements of law, as soon as any person who owns, occupies or is otherwise responsible for a premises, or responsible for emergency response for such premises has information of any known or suspected release of a non-stormwater discharge or hazardous material into stormwater, or into or on a stormwater drainage system, or into waters of the U.S., said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

B. 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-stormwater discharges, 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 authorized enforcement agency within three business days of the phone notice.

C. If the discharge of hazardous materials or non-stormwater discharges 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 the actions taken to prevent its recurrence. Such records shall be retained for at least three years. (Ord. 20 §12)

8.26.130 Enforcement.

A. Notice of Violation

(1) Except where emergency suspension is necessary pursuant to Section 10.1, the authorized enforcement agency shall provide written notice to persons violating this Ordinance.

Such notice shall describe the nature of the violation and may require without limitation:

(a) That monitoring, analyses, and reporting be performed;

(b) That illicit connections and illegal discharges be eliminated;

(c) That non-storm water pollution or contamination hazards be abated and/or remediated and any affected property be restored; and/or

(d) That source control or treatment BMPs be implemented.

(2) If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed.

(3) The Notice of Violation shall be served by hand delivery or by certified mail, return receipt requested.

(4) Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency to the Board of County Commissioners. A notice of appeal shall state the grounds therefore, shall attach a copy of the Notice of Violation and shall be set forth in writing. The Notice of Appeal must be received by the Board of County Commissioners within 15 days from the date of the Notice of Violation. A hearing on the appeal before the Board of County Commissioners shall take place within 45 days from the date of receipt of the notice of appeal. The decision of the Board of County Commissioners shall be final.

(5) 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 30 days of the decision of the Board of County Commissioners upholding the decision of the authorized enforcement agency, then the authorized enforcement agency may pursue civil and/or criminal enforcement pursuant to Section 13.3 or 13.4.

B. Emergency Suspension of Non-stormwater Discharges

(1) The authorized enforcement agency may, without prior notice, order the suspension of the discharge of non-stormwater 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 drainage system, or to the waters of the state.

(2) If the person discharging non-stormwater fails to comply with such suspension order, the authorized enforcement agency may take such actions as deemed necessary to prevent or minimize damage to the storm drainage system or waters of the state, or to minimize danger. The authorized enforcement agency may collect all costs incurred in taking such action pursuant to the procedures set out in Section 13.3.

C. Civil Enforcement Action

(1) The authorized enforcement agency may apply to the Pueblo County Court or Pueblo County District Court for an administrative entry and seizure warrant authorizing the authorized enforcement agency or its contractor to enter the premises and take any and all actions necessary to abate the conditions violating this Ordinance and for restoration of any affected the premises.

(2) Such application to the Court shall include a copy of this Ordinance, a sworn or affirmed affidavit stating the factual basis for such warrant, evidence that the owner, occupant or person responsible for the premises has received the Notice of Violation or that reasonable efforts to serve the Notice have been made to no avail, a general description of the location of the premises that is the subject of the warrant, and a list of corrective action needed.

(3) Within ten days after the date of issuance of an administrative entry and seizure warrant, the authorized enforcement agency shall execute the warrant in accordance with directions by the issuing court, deliver or mail a copy of such warrant to the owner, occupant and person responsible for the premises by both certified mail return receipt requested and by regular mail, and submit proof of the execution of such warrant to the court, including a written inventory of any property impounded by the authorized enforcement agency.

(4) The authorized enforcement agency shall submit to the person violating the Ordinance an invoice for the costs of the abatement, plus an additional five percent for inspection and other incidental costs in connection therewith. Such costs shall be paid within ten (10) days of the date of the invoice. If not paid, the costs shall be a lien against the premises that were the subject of the abatement until paid and shall have priority based on upon the lien’s date of recording.

(5) The County Clerk and Recorder may certify the amount of the lien to the County Treasurer who shall collect the amount of the lien, together with a ten percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of Colorado for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of liens pursuant to this Ordinance.

(6) Nothing in this Section 16.2 shall be construed to limit the authorized enforcement agency’s institution of actions for injunction, mandamus, abatement or other appropriate actions to prevent, enjoin, abate or remove a violation of this Ordinance or to enforce this Ordinance.

D.  Criminal Prosecution

(1) Any person who violates this Ordinance commits a class 2 petty offense, and upon conviction thereof, shall be punished by a fine of up to one thousand dollars ($1,000). Each day during which such violation of this Ordinance continues shall be deemed a separate offense.

(2) The penalty assessment procedure set out in C.R.S. § 16-2-201, shall be followed in enforcing this Ordinance pursuant to this Section 13.4.

(3) All fines and forfeitures collected by the court for violation of this Ordinance shall be paid to the Pueblo County Treasurer within thirty (30) days of receipt and shall be deposited into the General Fund of the County.

(4) In addition to the penalties prescribed in this Section 13.4, persons convicted of a violation of this Ordinance shall be subject to a surcharge of ten dollars ($10) that shall be paid to the clerk of the court by the defendant as provided by C.R.S. § 30-15-402(2)(a).

E. Compensatory Action

In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon a violator alternative compensatory actions, including but not limited to storm drain stenciling or attendance at compliance workshops or other educational forums.

F. Remedies Not Exclusive

The remedies listed in this Ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. (Ord. 20 §13)

8.26.140 Violations Deemed a Public Nuisance.

Any condition caused or permitted to exist in violation of any of the provisions of this Ordinance 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. (Ord. 10 §14)

8.26.150 Severability.

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. (Ord. 20 §15)

8.26.160 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 20.

The first reading of said Ordinance took place on April 15, 2008. It was published in full in the Pueblo Chieftain on April 27, 2008. It was adopted on May 20, 2008, and is to be republished by title in the Pueblo Chieftain on May 25, 2008, and shall take effect on June 25, 2008. (Ord. 20 §16)