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Colorado Springs Overview
Colorado Springs, CO Code of Ordinances
CITY CODE of COLORADO SPRINGS, COLORADO
ORDINANCES PENDING REVIEW FOR CODIFICATION
THE CHARTER OF THE CITY OF COLORADO SPRINGS
CHAPTER 1 ADMINISTRATION, PERSONNEL AND FINANCE
CHAPTER 2 BUSINESS LICENSING, LIQUOR REGULATION AND TAXATION
CHAPTER 3 PUBLIC PROPERTY AND PUBLIC WORKS
CHAPTER 4 PARKS, RECREATION AND CULTURAL SERVICES
CHAPTER 5 ELECTIONS
CHAPTER 6 NEIGHBORHOOD VITALITY/COMMUNITY HEALTH
CHAPTER 7 UNIFIED DEVELOPMENT CODE (UDC)
CHAPTER 8 PUBLIC SAFETY
CHAPTER 9 PUBLIC OFFENSES
CHAPTER 10 MOTOR VEHICLES AND TRAFFIC
CHAPTER 11 MUNICIPAL COURT1
CHAPTER 12 UTILITIES
CHAPTER 13 MHS ENTERPRISE1
CHAPTER 14 MUNICIPAL ENTERPRISES
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12.5.1101: SIGNIFICANT INDUSTRIAL USER; DISCHARGE PERMIT REQUIRED:
   A.   All significant industrial users proposing to connect to or discharge into any part of the wastewater treatment system shall obtain a significant industrial user discharge permit. All existing significant industrial users shall obtain a significant industrial user wastewater discharge permit within ninety (90) days from notification by the Chief Executive Officer that a permit is required. If a discharge permit is required, a separate permit is required for each building or complex of buildings as required by the Chief Executive Officer. It shall be unlawful for a significant industrial user to discharge without a significant industrial user wastewater discharge permit when required in accord with this section.
   B.   All users who are designated by the Chief Executive Officer as significant industrial users, as provided in section 12.5.201 of this article, who do not discharge or propose to discharge wastewaters containing industrial waste to the wastewater treatment system, shall obtain a significant industrial user discharge permit requiring zero discharge. (Ord. 99-163; Ord. 00-204; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 18-42)
12.5.1102: DISCHARGE PERMIT; APPLICATION FOR:
   A.   Application: Users seeking a significant industrial user wastewater discharge permit shall complete and file with the Chief Executive Officer an application on the form prescribed by the Chief Executive Officer. In support of this application, the user shall be required to submit the following information:
      1.   Name, address and user classification number of the applicant;
      2.   Average daily discharge rate of wastewater;
      3.   Wastewater constituents and characteristics, including, but not limited to, those set forth in part 7 of this article, as determined by an analytical laboratory approved by the Chief Executive Officer;
      4.   Time and duration of discharge;
      5.   Average and thirty (30) minute peak wastewater flow rates, including daily, monthly and seasonal variations, if any;
      6.   Site plans, floor plans, mechanical and plumbing plans and details to show all service lines and appurtenances by size, location and elevation;
      7.   Description of activities, facilities and plant processes on the premises, including all materials and types of materials, which are, or could be, discharged into the wastewater system;
      8.   Each product produced by type, amount and rate of production;
      9.   Number and type of employees, and hours of work;
      10.   A certification statement as set forth in 40 CFR section 403.6(a)(2)(ii);
      11.   The signature of the authorized representative of the user; and
      12.   Any other information deemed by the Chief Executive Officer to be necessary to evaluate the permit application.
   B.   Charge: A wastewater discharge permit application charge, as provided in the wastewater tariffs, shall be payable by the applicant at the time the application is submitted. Checks shall be made payable to the order of Colorado Springs Utilities.
   C.   Additional Information: The Chief Executive Officer shall evaluate the data furnished by the user and may require additional information. After evaluation and acceptance of the data furnished, the Chief Executive Officer may issue a significant industrial user wastewater discharge permit subject to the terms and conditions provided herein.
   D.   Amended Application: Permitted industrial users who have filed industrial wastewater discharge applications previously shall file an amended industrial wastewater discharge application two (2) weeks prior to any planned significant change in operations or wastewater characteristics. If a significant change occurs unknowingly or is unplanned, an amended industrial wastewater discharge application shall be filed within seven (7) days after the change becomes known. A "significant change" shall mean a change which will be in effect for a period of fourteen (14) days or more and shall include, but is not limited to:
      1.   Change in number of shifts, an additional processing operation, any new substances regulated under part 7 of this article which may be discharged.
      2.   A twenty five percent (25%) increase or decrease in the wastewater flow or production volume.
      3.   Any other change which may alter the average normal wastewater characteristics by a factor of 1.5 or more.
      4.   Any other change that triggers the applicability of a categorical pretreatment standard that had not previously applied to the user.
      5.   Any other change affecting the potential for a slug discharge. (Ord. 99-163; Ord. 01-42; Ord. 14-66; Ord. 18-42)
12.5.1103: DISCHARGE PERMIT; ISSUANCE OF:
   A.   Unless otherwise indicated by section 12.5.301 of this article and section 12.5.1110 of this part, the Chief Executive Officer shall issue a significant industrial user wastewater discharge permit to the applicant if the Chief Executive Officer finds that all of the following conditions are met:
      1.   The proposed discharge of the applicant is in compliance with the prohibitions and limitations of part 7 of this article;
      2.   The proposed operation and discharge of the applicant would permit the normal and efficient operation of the wastewater treatment system; and
      3.   The proposed discharge of the applicant would not result in a violation by the City or Utilities of the terms and conditions of its CDPS permit or pass-through of any toxic materials to the environment.
   B.   If the Chief Executive Officer finds that the condition set out in subsection A1 of this section is not met and that it is not a categorical standard that must be immediately attained, the Chief Executive Officer may issue a significant industrial user wastewater discharge permit to the applicant if the conditions set out in subsections A2 and A3 of this section are met and if the applicant submits, and the Chief Executive Officer approves, a compliance schedule, setting out the measures to be taken by the applicant and the dates that the measures will be implemented to ensure compliance with the provisions of this article. (Ord. 99-163; Ord. 01-42; Ord. 18-42)
12.5.1104: SIGNIFICANT INDUSTRIAL USER DISCHARGE PERMIT; CONDITIONS:
Significant industrial user wastewater discharge permits shall be expressly subject to all provisions of this Code, all other regulations, and user charges and fees established by Utilities. The conditions of significant industrial user wastewater discharge permits shall be uniformly enforced in accord with this article and applicable State and Federal regulations. Permit conditions and requirements may be modified by the Chief Executive Officer to ensure compliance with this article. It is unlawful to discharge or otherwise fail to comply with the conditions, terms, limits or requirements of the permit. Permit conditions may include, but not be limited to, the following:
   A.   The unit charge or schedule of charges and fees for the wastewater to be discharged to the system.
   B.   Reporting requirements to indicate chemical materials purchased, used, disposed and method of disposal, including a description of and limitations placed upon the discharge point.
   C.   Limits on rate, time, and characteristics, including average and maximum wastewater constituents and characteristics, of discharge or requirements for flow regulation and equalization.
   D.   Requirements for installation of inspection and sampling facilities and specifications for monitoring programs and/or recordkeeping.
   E.   Requirements for maintaining and submitting technical reports and records relating to wastewater discharges, quantities or general characteristics of process tank contents; and/or information concerning hazardous or toxic waste materials generation and disposal.
   F.   Compliance schedules; the schedules may not extend the compliance dates beyond applicable Federal deadlines.
   G.   Requirements for the installation of facilities or implementation of procedures and plans to prevent and control slug discharges of regulated materials at the user's premises; the procedures and plans shall include a description of discharge practices including nonroutine batch discharges, a description of stored chemicals, notification procedures to notify the Chief Executive Officer of slug discharges, accidental spills, dangerous chemical spills or discharge violations, and procedures to prevent adverse impact from accidental spills including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structure, and/or equipment for emergency response.
   H.   Statement of duration (in no case more than 5 years).
   I.   Statement of nontransferability without, at a minimum, ten (10) days' prior notification to the POTW and provision of a copy of the existing discharge permit to the new owner or operator.
   J.   Effluent limits and BMPs based on applicable general pretreatment standards in 40 CFR section 403, categorical pretreatment standards, local limits, and State and local law.
   K.   Self-monitoring, sampling, reporting, notification and recordkeeping requirements, including an identification of the pollutants to be monitored, sampling location, sampling frequency, and sample type, based on the applicable general pretreatment standards in 40 CFR section 403, categorical pretreatment standards, local limits, and State and local law.
   L.   Statement of applicable civil and criminal penalties for violation of pretreatment standards and requirements.
   M.   Documented plans, and requirements to submit the plans, describing the handling of materials regulated by part 7 of this article and 40 CFR section 403 for the Chief Executive Officer's approval. The plans may include, but not be limited to, toxic organic management plans, slug management control plans, and pretreatment system operation and management plans.
   N.   Documented plans, and requirements to submit the plans, describing how the user's pretreatment equipment will be operated and maintained.
   O.   A consent to entry onto the user's property to assess compliance by inspection, sampling, and monitoring.
   P.   Statement that upon request by the Chief Executive Officer, all records kept pursuant to this part shall be submitted to the Chief Executive Officer for review.
   Q.   Statement that renewal of a significant industrial user wastewater discharge permit shall be applied for and an updated permit application submitted to the Chief Executive Officer at least sixty (60) days prior to the expiration date contained in the permit.
   R.   Requirements for reporting significant changes, as indicated in subsection 12.5.1102D of this part, shall be included in the permit.
   S.   General and specific prohibitions, or other conditions to ensure compliance with this article. (Ord. 99-163; Ord. 01-42; Ord. 06-195; Ord. 10-82; Ord. 14-66; Ord. 18-42)
12.5.1105: APPLICANT TO BE NOTIFIED OF PROPOSED PERMIT CONDITIONS; RIGHT TO OBJECT:
   A.   Upon completion of the Chief Executive Officer's evaluation the Chief Executive Officer shall notify the applicant of any permit conditions.
   B.   The applicant shall have fifteen (15) days from the date of the notification to file written objections with the Chief Executive Officer to any proposed permit conditions. The Chief Executive Officer may, but shall not be required to, schedule a meeting with the authorized representative of the industrial user within fifteen (15) days following receipt of the applicant's objections, and attempt to resolve disputed issues concerning permit conditions.
   C.   If applicant files no objection to permit conditions proposed or if a subsequent agreement is reached concerning same, the Chief Executive Officer shall issue a wastewater discharge permit to applicant with the conditions incorporated.
   D.   If the Chief Executive Officer denies a discharge permit or imposes conditions upon the issuance of a discharge permit, which are contested by the user, the user may request a hearing. The user must have used the procedure in subsection B of this section in order to request a hearing. Any request for a hearing must be submitted in writing to the Chief Executive Officer within fifteen (15) calendar days after receipt of denial of a discharge permit or receipt of the permit containing the objectionable conditions. The hearing and judicial review shall be held in accord with subsections 12.5.1204D and E of this article. The Hearing Officer may, after review of the evidence presented at the hearing, affirm, reverse, or modify the decision of the Chief Executive Officer, but shall, in any event, assure that all the requirements of section 12.5.1103 of this part are met. (Ord. 99-163; Ord. 00-204; Ord. 01-42; Ord. 10-82; Ord. 18-42)
12.5.1106: DISCHARGE PERMIT; DURATION:
   A.   Significant industrial user wastewater discharge permits shall be issued for a specified time period, not to exceed five (5) years. A permit may be issued for a period of less than one year, or may be stated to expire on a specific date. Filing a complete application prior to expiration automatically extends the permit until renewed or terminated. Permits issued for a term of less than five (5) years may be administratively extended at the discretion of the Chief Executive Officer; however, the entire term of the permit may not exceed five (5) years.
   B.   Annual permit renewal charges shall be paid as required by the wastewater tariffs by the due date set forth by the Chief Executive Officer.
   C.   Significant industrial users shall apply for renewal of the discharge permit at least sixty (60) days prior to the expiration date contained in the permit. (Ord. 99-163; Ord. 01-42; Ord. 10-82; Ord. 14-66; Ord. 18-42)
12.5.1107: LIQUID WASTE HAULERS; PERMIT REQUIRED:
Liquid waste haulers are subject to this article excepting section 12.5.703 and subsection 12.5.702D1 of this article, and as otherwise noted herein.
   A.   Any liquid waste hauler must obtain a liquid waste hauler permit if:
      1.   The liquid waste hauler is pumping wastes from a grease/sand interceptor, grease trap or other appurtenance that is connected to the wastewater treatment system, regardless of whether the wastes are disposed at a designated disposal facility; or
      2.   The liquid waste hauler is pumping wastes from septic tanks, portable toilets or other sources of wastes that are not connected to the wastewater treatment system and the wastes are disposed at a designated disposal facility. (Ord. 99-163; Ord. 01-42)
12.5.1108: LIQUID WASTE HAULER PERMIT; APPLICATION FOR:
   A.   A liquid waste hauler permit charge including deposit, as required by the wastewater tariffs per section 12.1.108 of this chapter, shall be payable by the applicant.
   B.   Liquid waste haulers seeking a permit shall complete and file with the Chief Executive Officer a complete application on the form prescribed by the Chief Executive Officer. The application shall be certified as true, complete and accurate as provided in 40 CFR section 403.6(a)(2)(ii). Any supplemental information deemed necessary in order to evaluate the application shall be provided by the liquid waste hauler upon request by the Chief Executive Officer. (Ord. 99-163; Ord. 01-42; Ord. 14-66; Ord. 18-42)
12.5.1109: LIQUID WASTE HAULER PERMIT; CONDITIONS:
   A.   Conditions contained in the liquid waste hauler permit may include, but are not limited to:
      1.   Firm name and address.
      2.   Authorized representative information and signature.
      3.   Certification of permittee of knowledge and acceptance of the permit conditions.
      4.   Effective and expiration dates.
      5.   Statement of nontransferability of the permit.
      6.   Listing of authorized vehicles to transport and dispose of waste at the POTW.
      7.   Listing of authorized waste types that the permittee may discharge.
      8.   Permit number, card number(s).
      9.   A statement regarding the obligation to comply with all Federal and State pretreatment standards or requirements or with any other requirements of Federal, State, and local law.
      10.   Other conditions, limitations or prohibitions deemed appropriate by the Chief Executive Officer. (Ord. 99-163; Ord. 01-42; Ord. 14-66; Ord. 18-42)
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