HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2002 - FIRST READING OF ORDINANCE NO. 082, 2002, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 20
FORT COLLINS CITY COUNCIL DATE: May 21, 2002
lip FROM: 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 of the Ordinance on First Reading.
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 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.
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 subsequent to these Code changes.
City Code Section 26-498 is the primary Code section dealing with the discharges of pollutants that
can flow or be washed by precipitation through the City's stormwater system to local wetlands,
creeks, reservoirs and the Cache la Poudre River. It reads as follows:
"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:
(I) Public street, highway or other right-of-way;
(2) Watercourse (whether natural or manmade);
(3) Stormwater facility; or
DATE: May 21 2002 1 2 1 ITEM NUMBER: 0
(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 will clarify the definition of pollutant in Section 26-206 as follows
(additions are shown in bold Italics below).
"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 consolidating the City's initial response to these calls within the
Code Enforcement Group of the Streets Department. Utilities and Natural Resources will provide
support when necessary. This will improve the consistency of enforcement between these and
related complaint calls(e.g. abandoned automobiles and trash). These clarifications will be helpful
in explaining the Code's intent as staff responds to the most frequent complaint calls.
• ORDINANCE NO. 082, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 26-206 OF THE CODE OF THE CITY
OF FORT COLLINS TO CLARIFY THE DEFINITION
OF THE TERM "POLLUTANT"
AS IT APPLIES IN CHAPTER 26 ARTICLE IV REGARDING WASTEWATER
WHEREAS, Section 26-498 of the City Code provides for restrictions on the release or
discharge of pollutants into or upon public streets, highways, rights-of-way, watercourses,
stormwater facilities, or other public or private property in the City from which pollutants may
migrate; and
WHEREAS, the current definition of "pollutant" as applied to Article IV of Chapter 26,
regarding Wastewater, does not specifically include automotive fluids, paint, cooking grease or
household waste; and
WHEREAS, because discharges of the foregoing types of pollutants are among the most
commonly complained of types, and because these discharges do pose a significant risk of
environmental damage,damage to the City's facilities,or threat to public health,safety and welfare,
City staff has proposed that the definition of "pollutant" be amended to expressly include these
particular substances; and
WHEREAS, the Council has reviewed the proposed amendments and the reasons therefor,
and believes the amendments are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the definition of"Pollutant" contained in Section 26-206 of the Code of the City of
Fort Collins is hereby amended to read as follows:
Sec. 23-206. Definitions.
The following words,terms and phrases,when used in this Article,shall have the
meanings ascribed to them in this Section:
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, conking grease,or any industrial,
commercial, household,municipal or agricultural waste.
Introduced and considered favorably on first reading and ordered published this 21st day of
May, A.D. 2002, and to be presented for final passage on the 4th day of June, A.D. 2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of June, A.D. 2002.
Mayor
ATTEST:
City Clerk