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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/18/2012 - SECOND READING OF ORDINANCE NO. 140, 2012, AMENDINDATE: December 18, 2012 STAFF: Susan Strong AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second 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. This Ordinance, unanimously adopted on First Reading on December 4, 2012, clarifies that emergency work will be exempt only from advance submittal requirements, but not requirements for measures to prevent and control erosion. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - December 4, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: 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. COPY COPY COPY COPY December 4, 2012 -2- ITEM 15 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. 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 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) 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