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HomeMy WebLinkAbout021 - 03/03/1992 - AMENDING CITY CODE PERTAINING TO STORMWATER QUALITY ORDINANCE NO. 21, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTERS 12 AND 26 OF THE CODE OF THE CITY PERTAINING TO STORMWATER QUALITY WHEREAS, the Council has identified as one of its goals the enhancement of the environmental quality of the community; and WHEREAS, as part of the Environmental Management Plan formulated to further this Council goal , the Council has determined that it is important to address, through specific legal authority, discharges of pollutants into the stormwater system of the City; and WHEREAS, the Council has further determined that it is important to address discharges into the City' s stormwater system of treated groundwater from leaking underground storage tank remediation sites; and WHEREAS, the Council has further determined that it is in the best interests of the citizens of the City that, to the extent feasible, such treated groundwater from leaking underground storage tank remediation sites should be discharged into the stormwater system of the City, rather than into the sanitary sewer system. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 12-38 of the Code of the City is hereby amended to read as follows: Sec. 12-38. Hazardous waste disposal . No person shall place hazardous waste in refuse containers for collection or bury or otherwise dispose of hazardous waste in or on private or public property within the city. Residents may contact the county Health Department for recommendations on disposal of hazardous waste. Highly flammable or explosive materials shall be stored and disposed of in accordance with Poudre Fire Authority regulations at the expense of the owner or possessor of such materials. Except in response to an emergency and under order and direction of the Poudre Fire Authority, in no event shall toxic or flammable liquids or any waste liquid containing crude petroleum or its products be disposed of by discharge into or upon any gutter, street, alley, highway, or stormwater facility as defined in § 26- 491, lake or other water-course or upon the ground unless such liquid has undergone suitable treatment in accordance with § 26-498 of the Code. Section 2. That Section 26-491 is hereby amended by the addition of the following definitions, to be added alphabetically, and which shall read as follows: Sec. 26-491. Definitions. Director shall mean the duly appointed Director of Utility Services of the City of fort Collins or the authorized representative of such Director. Non-stormwater runoff shall mean flow arising from man-induced activities including, but not limited to, industrial processes, domestic irrigation, subdrains, groundwater wells and municipal water supply systems. Contaminated water shall mean that water which contains constituents at concentrations which could cause, directly or indirectly, impairment of human health or the environment and which would not be present in such concentrations in a natural state. This includes any water contaminated from industrial processes, land use activities, development or other man-induced practices. These constituents include, but are not limited to, toxic pollutants as defined in § 26-206 of the Code, nutrients such as nitrogen and phosphorous, substances which promote an excessive biochemical oxygen demand (BOD) or chemical oxygen demand (COD) as those terms are defined in § 26-206, substances which cause the pH of such water to deviate from acceptable standards, biological agents which may be the cause of disease in either humans or other desirable organisms, and physical contaminants such as excess sediments and/or temperature. U.S. Environmental Protection Agency' s current publication of "Quality Criteria for Water, " and/or the State of Colorado' s "Basic Standards and Methodologies for Surface Water" and/or any other federal or state regulation or guideline may be used to interpret the impact of a particular constituent upon a waterbody. Suitable treatment shall mean that treatment process authorized by and undertaken pursuant to an appropriate permit(s) to discharge treated water under the State of Colorado Department of Health' s Colorado Discharge Permit System ("COPS") ; and the Director has approved the discharge. Section 3. That a new section, Section 26-498, is hereby added to the Code, which new Section 26-498 shall read 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: (1) Public street, highway or other right-of-way; (2) Water course (whether natural or man-made) ; (3) Stormwater facility; or (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. (b) The Director shall have the right to impose more stringent effluent limitations than required by the CDPS and to add pollutant parameters to those required by the CDPS. The Director shall also have the right to impose additional administrative requirements for accelerated timetables for required sampling and higher frequency sampling. Any such requirements added by the Director shall be reported together with those required by the CDPS to both the Director and the CDPS. The Director shall have the right to refuse any non-stormwater discharge if, in the best professional judgment of the Director, such discharge would significantly impair the health, safety or welfare of the citizens or the environment. (c) Where federal or state permits are required for the discharge of Stormwater, the Director shall have the right to impose additional Best Management Practices as may be required by the city's "Storm Drainage Design Criteria and Construction Standards. " (d) No person shall use any water well within the city as a cesspool or as a place to deposit wastewater or wastes of any kind. Section 4. That the title and subparagraph (d) of Section 26-520 of the Code of the City are hereby amended to read as follows: Sec. 26-520. Appeals. (d) Within thirty (30) days after filing, the Director of Utility Services shall make findings of fact based upon all relevant information and shall make a determination based upon such findings and, if appropriate, modify such charge or determination accordingly. Such determination shall be considered a final order of the Director which order may within thirty (30) days of its issuance be appealed to the Storm Drainage Board for a hearing on a revision or modification of such charge or determination. 3 Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 1992, and to be presented for final passage on the 3rd day of March, A.D. 1992. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of March, A.D. 1992. ayor ATTEST: City Clerk 4