PART 3 REGULATIONS AND REQUIREMENTS

SECTION:

3.8.301: Requirement To Prevent, Control And Reduce Stormwater Pollutants

3.8.302: Requirement To Eliminate Illegal Discharges

3.8.303: Requirement To Eliminate Or Secure Approval For Illicit Connections

3.8.304: Watercourse Protection

3.8.305: Requirement To Remediate

3.8.306: Requirement To Monitor And Analyze

3.8.307: Notification Of Spills

3.8.301: REQUIREMENT TO PREVENT, CONTROL AND REDUCE STORMWATER POLLUTANTS:

   A.   New Development And Redevelopment: The City has adopted requirements identifying appropriate BMPs to control the volume, rate, and potential pollutant load of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize the generation, transport and discharge of pollutants (see section 7.7.1501 et seq., of this Code).

   B.   Responsibility To Implement BMPs: Any person or entity engaged in activities or operations, or owning facilities or property which will or may result in pollutants entering stormwater, the MS4 or State waters shall implement BMPs to the maximum extent practicable to provide protection from discharge into the MS4. BMPs shall be provided and maintained at the owner's or operator's expense. The City Engineer shall have the authority to require the installation, operation and/or maintenance of BMPs. The City Engineer shall also have the authority to require the removal of temporary BMPs. (Ord. 06-86; Ord. 08-44)

3.8.302: REQUIREMENT TO ELIMINATE ILLEGAL DISCHARGES:

The City Engineer may require by written notice that a person or entity responsible for an illegal discharge immediately, or by a specified date, discontinue the discharge and, if necessary, take measures to eliminate the source of the discharge to prevent the occurrence of future illegal discharges. (Ord. 06-86)

3.8.303: REQUIREMENT TO ELIMINATE OR SECURE APPROVAL FOR ILLICIT CONNECTIONS:

   A.   The City Engineer may require by written notice that a person or entity responsible for an illicit connection to the MS4 comply with the requirements of this article to eliminate or secure approval for the connection by a specified date, regardless of whether or not the connection or discharges to it had been established or approved prior to the effective date of this article.

   B.   If, subsequent to eliminating a connection found to be in violation of this article, the responsible person or entity can demonstrate that an illegal discharge will no longer occur, that person or entity may request City approval to reconnect. The reconnection or reinstallation of the connection shall be at the responsible person's or entity's expense. (Ord. 06-86)

3.8.304: WATERCOURSE PROTECTION:

Every person owning property through which a watercourse passes, or that person's lessee, shall keep and maintain all parts of the watercourse within that property reasonably free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain any existing privately owned structures within or adjacent to that watercourse, so that those structures will not become a hazard to the use, function or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, or remove that vegetation so as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within the property owner's property boundaries in order to protect against any erosion and degradation of the watercourse originating or contributed from their property. (Ord. 06-86)

3.8.305: REQUIREMENT TO REMEDIATE:

Whenever the City Engineer finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of stormwater, the MS4 or State waters, the City Engineer may remediate the pollution at the owner's or responsible person's or entity's expense, or may require by written notice to the owner of the property and/or the responsible person or entity that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this article and using a remediation plan preapproved by the City Engineer. Remediation plans must be submitted by the owner or responsible person or entity to the City Engineer and approved by the City Engineer prior to the start of the remediation. The plan shall be submitted on or before a mutually agreed date and time; however, if, in the sole opinion of the City Engineer, mutual agreement is not reached on a date and time for submittal of the plan, then the City Engineer shall designate a date and time for submittal. The plan shall include at a minimum a remediation schedule, list of personnel performing remediation work and list of equipment to be used. (Ord. 06-86; Ord. 08-44)

3.8.306: REQUIREMENT TO MONITOR AND ANALYZE:

The City Engineer may require by written notice that any person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution, illegal discharges and/or nonstormwater discharges to the MS4 or State waters, undertake at the person's or owner's expense monitoring and analyses by a State certified laboratory pursuant to the provisions of this article, and furnish reports to the City of Colorado Springs as deemed necessary to determine compliance with this article. (Ord. 06-86; Ord. 08-44)