HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/04/2012 - FIRST READING OF ORDINANCE NO. 140, 2012, AMENDINGDATE: December 4, 2012
STAFF: Susan Strong
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
First Reading of Ordinance No. 140, 2012, Amending the Fort Collins Stormwater Criteria Manual To Modify the
Requirements for Emergency Work.
EXECUTIVE SUMMARY
A recent review of specific permit elements included in the City of Fort Collins’ Stormwater Management Program
identified an inconsistency with state interpretation of the requirements. This inconsistency is due to the Fort Collins
Design Criteria Manual allowing emergency work to be exempted from the sediment and erosion control Best
Management Practices (BMPs) requirements of the Manual. Except for emergency firefighting activities, the Municipal
Separate Storm Sewer System (MS4) permit does not allow exemptions from the requirements. The proposed
amendment will clarify that emergency work will be exempt only from advance submittal requirements, but not
requirements for measures to prevent and control erosion.
BACKGROUND / DISCUSSION
In 2003, the City of Fort Collins was issued an MS4 permit in order to discharge stormwater associated with its MS4.
This federally mandated program is administered by the Colorado Department of Public Health and Environment
(CDPHE). The City is currently in its second permit term, 2008-2013.
The CDPHE Water Quality Control Division (WQCD) recently required that MS4 permittees submit a completed
Targeted Permit Questionnaire, which provided a framework for permittees to review specific elements in their
stormwater management programs and make corrections outside of a Division audit.
Review of the Construction Site Runoff Control program requirements revealed that while the City’s program requires
implementation of sediment and erosion control BMPs for land-disturbing activities greater than 10,000 square feet,
emergency work is exempt. Except for emergency firefighting activities, CDPHE interpretation of the MS4 permit does
not allow exemptions from the requirements. The revised language will clarify that emergency work will be exempt
only from advance submittal requirements, but not requirements for measures to prevent and control erosion.
In addition to meeting CDPHE interpretation of MS4 permit program goals and requirements, the proposed Criteria
Manual change also helps protect the quality of the stormwater that flows from our MS4 into waters of the state to the
maximum extent practicable.
FINANCIAL / ECONOMIC IMPACTS
The proposed Criteria Manual change will have a positive financial impact on the City because the operator of the
emergency site disturbance will be responsible for implementing controls to protect water quality from the discharge
of sediment. This will save the City money on maintenance costs for removing sediment from the storm sewer system.
In addition, failure to fully comply with the requirements of the program as interpreted by CDPHE could result in the
imposition of financial penalties.
ENVIRONMENTAL IMPACTS
The proposed Criteria Manual change reflects environmental regulatory requirements of the Environmental Protection
Agency (EPA) and CDPHE interpretation of the requirements. The regulatory requirements are promulgated to
implement the goals of the Clean Water Act to protect and improve the quality of our nation’s waterbodies.
Requirements for implementation of erosion and sediment control BMPs for emergency land-disturbing activity will
help protect our local creeks and the Cache la Poudre River from the discharge of sediment, a major water quality
pollutant.
December 4, 2012 -2- ITEM 15
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
At its November 15, 2012 meeting, the Water Board voted unanimously to recommend adoption of the amendment
to Section (O) - Volume 3, Chapter 7, Subsection 1 of the Fort Collins Stormwater Criteria Manual relating to the
exemption for implementation of erosion control requirements for emergency work.
PUBLIC OUTREACH
Public outreach has been conducted by Utilities staff regarding the prohibition of the discharge of pollutants and
contaminated water to the City’s stormwater system. Education has included business educational outreach
campaigns, warning letters to first-time violators, and education for developers and construction site employees on
proper erosion and sediment control measures.
ATTACHMENTS
1. Water Board minutes, November 15, 2012
Excerpt from Unapproved Water Board Minutes, November 15, 2012
Proposed Amendment to the Fort Collins Stormwater Criteria Manual
(Attachments available upon request).
Environmental Regulatory Specialist Susan Strong presented information on this item. The
proposed amendment to the Stormwater Criteria Manual relates to the exemption for
implementation of erosion control requirements for emergency work. The proposed revised
language will clarify that emergency work will be exempt only from advance submittal
requirements, but not requirements for measures to prevent and control erosion.
Background
The City operates under a state-issued MS4 permit, which requires a program to address
pollutants in stormwater runoff from land disturbing activities.
The City’s MS4 permit program requires sediment and erosion control Best Management
Practices (BMPs) to be implemented for land disturbing activities ≥ 10,000 square feet.
Emergency work is currently exempted from this requirement.
Except for emergency firefighting activities, the MS4 permit does not allow exemptions
from this requirement.
Highlights from the discussion:
A board member asked for examples of emergency work. Ms. Strong stated the criterion
applies to development; however, examples would be re-vegetation activities after an
emergency event. Regulatory and Government Affairs Manager Carol Webb further
clarified the term by giving the example of when the City stock-piled a large amount of
snow after a snowstorm. An interim detention pond had to be created to catch runoff.
Water Engineering and Field Services Operations Manager Jon Haukaas also stated if
BMPs failed, a developer would have to be aware of the appropriate erosion control
BMPs applicable for a larger site.
A board member suggested revising the proposed language concerning an Erosion
Control Plan and/or Report to include the measures. Ms. Strong stated Erosion Control
Permits are not required. The permit is in the form of a Development Construction
Permit. Mr. Haukaas stated staff would like to keep the requirements as broad as
possible.
Vote on the motion: It passed unanimously.
Board Member Brown moved that the Water Board recommend approval to the City
Council of amendments to Section (O) - Volume 3, Chapter 7, Subsection 1 of the Fort
Collins Stormwater Criteria Manual relating to the exemption for implementation of
erosion control requirements for emergency work. Board Member Goldbach seconded the
motion.
ATTACHMENT 1
ORDINANCE NO. 140, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE FORT COLLINS STORMWATER CRITERIA MANUAL
TO MODIFY THE REQUIREMENTS FOR EMERGENCY WORK
WHEREAS, in December 2011, the City Council adopted Ordinance No. 174, 2011, which
adopted by reference the Urban Drainage and Flood Control District (“UDFCD”) Criteria Manual,
modified by the Fort Collins Amendments also adopted by Ordinance No. 174, together referred to
and codified as the Fort Collins Stormwater Criteria Manual (the “Manual”); and
WHEREAS, as part of recent reviews of the City's Municipal Separate Stormwater System,
and based on recommendations of the Colorado Department of Public Health and Environment, City
staff has developed an amendment to the Manual that narrows the scope of an exemption from
certain requirements for emergency work; and
WHEREAS, the purpose of the amendment is to increase accountability for sediment and
erosion control measures for emergency work, where practicable, while recognizing that
circumstances generally prevent the advance submission of plans and reports; and
WHEREAS, the revisions were presented to the Water Board at its November 15, 2012,
regular meeting, and the Board voted unanimously to recommend adoption of the revisions, as set
forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section (O) of the Fort Collins Stormwater Criteria Manual is hereby amended to
read as follows:
(O) Volume 3, Chapter 7 - Construction BMPs:
(1) A new Section 1.1 is added, to read as follows:
1.1 Purpose and Scope
The Stormwater Criteria Manual provides the minimum design and technical criteria
for the design and analysis of drainage and erosion control plans. The erosion-
related requirements of this Manual are intended to reduce erosion to an acceptable
level, emphasizing the control of erosion and sediment transport from the surface of
disturbed land by water. Channel erosion control for temporary channels
(diversions, gullies) and major channel stabilization are addressed as erosion control
matters in this Manual. The requirements of Volume 3, Chapter 7, as amended,
apply to all land disturbing activities covered by this Manual, except for the
following:
(1) Emergency work; and
(21) Single Family Residential lots less than ten thousand (10,000) square feet in
area and less than four to one slopes except when construction activities are
within 50 feet of the outer limits of sensitive areas including floodplains,
slopes, riparian corridors, lakes, irrigation ditches, or other features subject
to natural areas buffer requirements under the City Land Use Code; and
(2) Emergency work disturbing ten thousand (10,000) square feet or more in area
will not be required to supply an Erosion Control Plan and/or Report, but
must comply with otherwise applicable erosion control requirements except
to the extent that such compliance is precluded by the emergency
circumstances necessitating the emergency work.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of December, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk