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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)
A. It shall be unlawful to discharge or cause to be discharged into the MS4 any materials, including, but not limited to, pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards or that could cause the City to be in violation of its MSDP, other than stormwater. It shall be unlawful to store, handle or apply any pollutant in a manner that will cause exposure to rainfall or runoff and discharge to the MS4 and to State waters or waters of the United States.
B. The commencement, conduct or continuance of any discharge not composed entirely of stormwater to the MS4 is prohibited except as described as follows:
1. Discharges pursuant to an NPDES (CDPS) permit and discharges due to firefighting activities.
2. Discharges from the following activities will not be considered a source of pollutants to the MS4 and to State waters when properly managed to ensure that no potential pollutants are present, and shall not be considered illegal discharges unless determined by the City to be significant contributors of pollutants to the MS4 or to cause a violation of the provisions of the Clean Water Act or this article: landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration to separate storm sewers, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering (excluding overwatering), individual residential car washing, individual residential swimming pool and hot tub discharges, individual residential street washing, water line flushing, flows from riparian habitats and wetlands, uncontaminated water from irrigation system meter pits and flows from emergency firefighting activities. Before applying the listed exceptions, the City shall make a determination on a case by case basis as to what is considered significant contributors of pollutants. In addition, the following nonstormwater discharges need not be prohibited from entering the MS4, provided CDPHE approved control measures to minimize the impacts from the sources are implemented: Municipally owned swimming pool discharges, Municipal water tank draining and water from street washing (including sidewalks and medians) that is conducted by City staff or under contract with the City. These discharges may still require a CDPS permit, such as a minimal industrial discharge (MINDI) permit.
3. This prohibition shall not apply to any nonstormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered by the State of Colorado under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver or order and other applicable laws and regulations.
4. With written concurrence of the City Council by ordinance, resolution or motion, the City Engineer may exempt in writing other nonstormwater discharges which are not a source of pollutants to the City's MS4 or waters of the United States. (Ord. 06-86; Ord. 08-44)
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