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The terms used in this article shall have the following meanings:
BEST MANAGEMENT PRACTICES OR BMPs: Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce the pollution of waters of the State. BMPs also include treatment, operating procedures, and practices to control site runoff, spillage or leaks, waste disposal or drainage from material storage. BMPs include structural and nonstructural controls.
CDPHE: The Colorado Department of Public Health and Environment.
CITY: The City of Colorado Springs.
CLEAN WATER ACT: The Federal Water Pollution Control Act (33 USC section 1251 et seq.), and any subsequent amendments.
CONSTRUCTION ACTIVITY: Activities subject to NPDES (see definition of National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permits) construction permits. These include construction projects resulting in land disturbance of one acre or more. Activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition.
HAZARDOUS MATERIALS: Any material, including any substance, waste, or combination thereof, defined as hazardous material or hazardous waste by the Federal Clean Water Act, Colorado State statutes or regulations, the City Code, or the City's NPDES permit.
ILLEGAL DISCHARGE: Any discharge to an MS4 (see definition of Municipal Separate Storm Sewer System Or MS4) that is not composed entirely of stormwater except the following: discharges specifically authorized by a Colorado discharge permitting system (CDPS) permit and allowable nonstormwater discharges under the City's Municipal stormwater discharge permit (MSDP).
ILLICIT CONNECTIONS: Either of the following:
A. Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4 including, but not limited to, any conveyances which allow any stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether the drain or connection had been previously allowed, permitted or approved by a government agency; or
B. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps or equivalent records and approved by the City.
INDUSTRIAL ACTIVITY: Activities subject to NPDES industrial permits as defined in 40 CFR section 22.26(b)(14).
MUNICIPAL SEPARATE STORM SEWER SYSTEM OR MS4: A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains):
A. Owned or operated by the State or a city, town, county, district, association or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater or other wastes, including a sewer district, flood control district or drainage district, or similar special districts under State law, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to State waters;
B. Designed or used for collecting or conveying stormwater;
C. Which is not a combined sewer; and
D. Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR section 122.2 and 5 CCR 1002-20, 4.3.7.X(3-91).
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORMWATER DISCHARGE PERMITS: General, group and individual stormwater discharge permits which regulate facilities defined in Federal NPDES regulations pursuant to the Clean Water Act. NPDES permits are issued by the State of Colorado as Colorado discharge permitting system (CDPS) permits.
POLLUTANT: Includes dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, radioactive material, heat, wrecked or discarded equipment, rock, sand, or any industrial, Municipal or agricultural waste.
POLLUTION: Manmade, man induced or natural alteration of the physical, chemical, biological and radiological integrity of water.
PREMISES: Any building, lot, parcel of land or portion of land whether improved or unimproved including adjacent sidewalks and parking strips.
STATE WATERS: Any and all surface and subsurface waters which are contained in or flow in or through this State, but not including waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems and all water withdrawn for use until use and treatment have been completed.
STORMWATER: Precipitation induced surface runoff and drainage.
WATERS OF THE UNITED STATES: Surface watercourses and water bodies as defined at 40 CFR section 122.2 including all natural waterways and definite channels and depressions in the earth that may carry water, even though the waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (Ord. 06-86; Ord. 08-44)
The City Engineer shall administer, implement and enforce the provisions of this article. Any powers granted or duties imposed upon the City Engineer may be delegated in writing by the City Engineer to persons or entities (collectively, the "City Engineer") acting in the beneficial interest of or in the employ of the City. (Ord. 06-86)
The provisions of this article are severable. If any provision, clause, sentence or paragraph of this article or its application to any person, establishment or circumstances shall be held invalid, the invalidity shall not affect the other provisions or application of this article. (Ord. 06-86)
The standards set forth in and promulgated pursuant to this article are minimum standards. This article does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution or unauthorized discharge of pollutants into waters of the United States caused by that person. This article shall not create liability on the part of the City of Colorado Springs, or any City agent or employee for any damages that result from any discharger's reliance on this article or any administrative decision lawfully made pursuant to this article. (Ord. 06-86)
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