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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)
PART 5 ENFORCEMENT
SECTION:
3.8.501: Public Nuisance; Notice Of Violation
3.8.502: Appeal
3.8.503: Abatement By The City
3.8.504: Charging Cost Of Abatement; Liens
3.8.505: Emergency Abatement
3.8.506: Violations
3.8.507: Compensatory Action
3.8.508: Acts Potentially Resulting In A Violation Of The Federal Clean Water Act
A. The protection of clean water being essential to the health, safety and welfare of the public, a violation of this article is declared to be a public nuisance, and may be summarily abated, restored or remediated by the City at the violator's expense. The City Engineer is authorized to take any action, including, but not limited to, education and training, to abate, enjoin or otherwise compel the cessation of the nuisance.
B. In addition to any other provision of the City Code for the abatement of a public nuisance, whenever the City Engineer finds that a person has violated a prohibition or failed to meet a requirement of this article, the City Engineer may order compliance by written notice of violation to the person. That notice shall provide a description of the violation or failure and may require, without limitation:
1. The elimination of illicit connections or discharges;
2. The performance of monitoring, analyses and reporting;
3. The person to cease and desist any discharges, practices or operations in violation of this article;
4. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property;
5. The payment of a fine to cover administrative and remediation costs;
6. The implementation and/or maintenance of source control or treatment BMPs; and
7. The application for a State discharge permit.
If abatement of a violation and/or restoration or remediation of affected property is required, the notice shall set a deadline within which a remediation plan shall be developed, approved and implemented, and the remediation or restoration completed. The notice shall further advise that, should the person fail to abate, remediate or restore within the established deadline, the work may be done by the City or a contractor designated by the City Engineer and the expense of abatement shall be charged to the person. The notice shall include a date which shall be identified as the "date of notice of violation" for purposes of appeal rights. (Ord. 06-86; Ord. 08-44)
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