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HomeMy WebLinkAbout012 - 02/16/1993 - AMENDING CITY CODE REGARDING THE DISPOSITION OF GROUNDWATER DRAINAGE ORDINANCE NO. 12, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY REGARDING THE DISPOSITION OF GROUNDWATER DRAINAGE WHEREAS, the Council of the City of Fort Collins has determined that it is detrimental to the public health and safety that non-stormwater runoff or water from natural springs be permitted to be discharged into or upon any street, sidewalk or gutter; and WHEREAS, the Council has further determined that, in limited circumstances, the Director of the Wastewater Utility should be authorized to permit the discharge of such waters into the sanitary sewer system of the City; and WHEREAS, the Council has determined that the Code should be amended to establish a procedure for the utilization of the Director of the Wastewater Utility in making such authorization. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 26-213(b) of the Code of the City is hereby amended to read as follows: Sec. 26-213. Unsanitary disposal of wastes prohibited. (b) Except as authorized pursuant to Section 26-336(a) of the Code, stormwater and all other unpolluted drainage water shall only be discharged to such stormwater facilities as are specifically authorized for such discharge by the Director of Utility Services, provided, however, that in no event shall non-stormwater runoff as defined in Section 26-491 or water from natural springs be permitted to be discharged into or upon any street, sidewalk or gutter. Stormwater facilities shall be constructed and managed as provided in Article VII of this Chapter. Section 2. That Section 26-258(e) of the Code of the City is hereby amended to read as follows: Sec. 26-258. Wastewater service lines; general regulations. (e) Runoff drain connections prohibited. Except as authorized pursuant to Section 26-336(a) of the Code, it is unlawful for any person to connect roof downspouts, exterior foundation drains, areaway drains, sump pumps or other sources of surface runoff or groundwater to a service line or building drain which in turn is connected directly or indirectly to a sanitary sewer. Section 3. That Section 26-278(8) of the Code of the City is hereby amended to read as follows: Sec. 26-278. Classification of users. (8) Category H: Special . Users in this category shall include those with whom the city has negotiated agreements to provide wastewater collection and/or treatment such as quasi-municipal sanitation districts, major industries and large institutions whether within or without the city limits, and dischargers authorized pursuant to Section 26-336(a) . Users in this category may be required to obtain an industrial discharge permit. Section 4. That Section 26-336(a) of the Code of the City is hereby amended to read as follows: Sec. 26-336. Excessive discharge prohibited. (a) It is unlawful for any person to discharge or cause to be discharged any stormwater, surface water, water from natural springs and groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process water or like waters into any sanitary sewer, except as authorized in writing by the Director. Any person seeking authorization for such discharge shall make application to the city in accordance with Division 2 of this Article and shall pay all fees and charges as established pursuant to Division 4 of this Article. As a part of any application for such discharge, the applicant must also provide the Director with a good and reliable estimate, made by a registered engineer authorized by profession to make such estimate of the quantity of water to be discharged, showing the peak day amount of discharge in number of gallons per day. Upon a finding by the Director that: (1) the applicant cannot reasonably discharge such water onto the applicant's own property for irrigation, piscatorial or other purposes; (2) there exists no authorized stormwater facility within four hundred (400) feet of the property line of the property upon which the discharge is generated or, if such facility does exist within such distance, the requirement to connect to such facility would result in peculiar and exceptional practical difficulties to or undue hardship upon the applicant by reason of the existence of an extraordinary physical barrier or obstruction lying between such property and such facility; (3) adequate capacity to accept the discharge exists within the affected sanitary sewer line; (4) the discharge of such water into the sanitary sewer will not hinder or threaten to hinder the city's ability to 2 comply with its NPDES permit requirements for the removal of BOD and TSS; and (5) such water is not contaminated with petroleum or other substances which could threaten or endanger the safe and efficient operation and maintenance of the city's wastewater collection and treatment system; (6) any improvements situated upon the property generating the discharge have not been constructed with careless or willful disregard for the need to protect such improvements from groundwater without utilizing the provisions of this Section; then the Director may authorize such discharge upon the condition that the applicant first pay all additional plant investment fees required by this Article applicable to such excessive discharge and pay in a timely manner any additional monthly utility charges applicable to such excessive discharge. In the event that an authorized stormwater facility should, at some later time, become available for acceptance of the aforesaid discharge, the Director shall have the right to terminate any authorization for discharge which has been given pursuant to this subparagraph. If such authorization is so terminated, no further discharge into the sanitary sewer shall be permitted, and the Director shall refund to the then-current owner of the property from which the discharge is generated all plant investment fees paid pursuant to this subparagraph. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 1993, and to be presented for final passage on the 16th day of February, A.D. 1993. Mayor ATTEST: g City Clerk ` p Passed and adopted on final reading this 16th day of February, A.D. 1993. z1C/2m M Mayor ATTEST: City Clerk ' 3