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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)
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)
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)
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)
Notwithstanding other requirements of law, as soon as any owner or person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the MS4, or State waters from that facility, that person shall take all necessary steps to ensure the discovery, containment and cleanup of the release. In the event of a release of a hazardous waste or material, the person shall immediately notify emergency response officials of the occurrence via emergency dispatch services (911). In the event of a release not requiring an emergency response, that person shall notify the City Engineer via the City's nonemergency dispatch telephone number, which shall also serve as the Spill Hotline, or by calling the City's Stormwater Drainage Team within the City Engineering Division. If the discharge of prohibited materials emanates from a commercial or industrial establishment, an on site written record of the discharge and the actions taken to prevent its recurrence must be kept. These records shall be retained for at least three (3) years. (Ord. 06-86; Ord. 08-44)
Whenever necessary to enforce any provision of this article, or whenever the City Engineer has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this article, the City Engineer may enter the premises at all reasonable times to inspect the premises and to inspect and copy records related to stormwater compliance. In the event the owner of any property within the City or the occupant refuses entry by City personnel after a request to enter and inspect has been made, the City Engineer may make application to any Judge of the Municipal Court for the issuance of a warrant to inspect the property or carry out other duties, including the abatement of violations in accord with CMCR 241. The sworn application for entry and inspection shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition which is a violation of the City Code, the requirements of this article or the City's NPDES permit exists on the premises, or that a violation of the City Code in fact exists and must be abated. Any warrant issued shall command the owner and occupant to permit entry to the City Engineer for the purposes stated in the application. (Ord. 06-86; Ord. 08-44)
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