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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - SECOND READING OF ORDINANCE NO. 082, 2002, AMENDIN "77777 AGENDA ITEM SUMMARY ITEM NUMBER: 12 DATE: June 4, 2002 FORT COLLINS CITY COUNCIL FROM: Kevin McBride SUBJECT : Second Reading of Ordinance No.082,2002,Amending Section 26-206 of the City Code to Clarify the Definition of the Term"Pollutant"as it Applies in Chapter 26 Article IV Regarding Wastewater. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance, which was unanimously adopted on First Reading on May 21, 2002, clarifies the definition of"pollutant" to include automotive fluids, paint,cooking grease and household waste. This Ordinance also enables staff, primarily the Code Enforcement Officers, to better respond to complaints from citizens regarding the discharge of pollutants. These clarifications will be helpful in explaining the Code's intent as staff responds to the most frequent complaint calls. AGENDA ITEM SUMMARY ITEM NUMBER: 20 FORT COLLINS CITY COUNCIL DATE: May 21, 2002FROM Kevin McBride SUBJECT : First Reading of Ordinance No. 082, 2002, Amending Section 26-206 of the City Code to Clarify the Definition of the Term"Pollutant"as it Applies in Chapter 26 Article IV Regarding Wastewater. RECOMMENDATION: Staff recommends adoption o CeO'rdi ce o i t Readin EXECUTIVE SUMMARY: This Ordinance clarifies the definition of"pollutant" to include automotive fluids, paint, cooking grease and household waste. This Ordinance enables staff, primarily the Code Enforcement Officers,to better respond to complaii9s f ti ' g tdischarge of pollutants. These clarifications will be helpful i xplai i the d i nt s f responds to the most frequent complaint calls. BACKGROUND: City departments including Utilities, Natural Resources, and Streets receive calls from citizens regarding both real and perceived threats to the local water environments. Some of the most common calls pertain to leaking automobiles,household paint clean up,and restaurant grease. The proposed changes will clarify the Code definition of a pollutant and aid in staff s response to these complaint calls. Following approval of the Ordinance,the Code Enforcement Officers in the Streets Department will be the primary contact with citizens subse uent to these Code changes. City Code Section 26-498 is t prim odes ti ing ' the discharges of pollutants that can flow or be washed by pre itati n rou t City's st water system to local wetlands, creeks, reservoirs and the Cache a oudre aver. t reads as o ows: "Sec. 26-498. Water quality control. (a) Except where suitable treatment has been provided, it is unlawful to discharge any pollutant (as defined in § 26-206) or contaminated water into or upon any: (1) Public street, highway or other right-of-way; (2) Watercourse (whether natural or manmade); (3) Stormwaterfacility; or DATE: Ma 21 2002 2 ITEM NUMBER: 20 (4) Other public or private property within the city or in an area under the jurisdiction of the city if there is a significant potential for migration of such pollutant or contaminated water from such property." The referenced Section 26-206 currently reads: "Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand or any industrial, municipal or agricultural waste." The proposed Ordinance wil larif deft i o of in Section 26-206 as follows (additions are shown in bold tics bel ). "Pollutant shall mean dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand,automotive fluids,paint, cooking grease, or any industrial,commercial, household, municipal or agricultural waste." The proposed change would clarify the intent of Section 26-498. The departments agree that the best service can be provided by lids ' the 's i ' ' 1 r onse to these calls within the Code Enforcement Group of Stre s p e iti Natural Resources will provide support when necessary. Th will im ove t c ency enforcement between these and related complaint calls(e.g. ab on a m e nd trash). here clarifications will be helpful in explaining the Code's intent as staff responds to the most frequent complaint calls.