TITLE 9: WATER AND SEWER

CHAPTER 1: WATER QUALITY

Section

9-1-1 Definitions

9-1-2 Water quality standards

9-1-3 Jurisdiction for water quality

9-1-4 Discharges unlawful

9-1-5 Compliance with permits

9-1-6 Enforcement

9-1-7 Penalty

§ 9-1-1 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ENJOINED. Shall include temporary, preliminary and permanent injunctive relief.

   MUNICIPAL WATER SUPPLIES. All surface and underground water rights, whether absolutely or conditionally decreed, of the Town of Vail, which are used or are capable of being used for any beneficial purpose, including, without limitation, municipal, commercial, aesthetic, irrigation, fish and game propagation, recreation, domestic, industrial uses, and augmentation and exchange, but does not include waters in sewage systems, waters in treatment works or disposal systems, water in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

   NONPOINT SOURCE. Any source of pollutant other than a point source, including, without limitation, water use and development practices, activities which encroach on riparian areas, vegetation disturbance, soil disturbance and earth movement, impervious cover, and storm water runoff from developed areas.

   PERMIT. A permit lawfully issued pursuant to Pub. Law No. 92-500, the Federal Water Pollution Control Act Amendments of 1972 (33 U.S.C. §§ 1251 et seq.) or pursuant to C.R.S. §§ 25-8-501 et seq.

   PERSON. An individual, corporation, partnership, association, municipality, district, federal or state agency, commission or other state or federal body or political subdivision thereof.

   POINT SOURCE. Any discernible, confined and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or concentrated animal feeding operation from which pollutants are or may be discharged.

   POLLUTANT. Any dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical waste, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, construction, municipal and agricultural waste, dirt and slurry.

   SOURCES. Any area that contributes to the water supply of any stream or river and includes, without limitation, any drainage basin or underground aquifer.

   WATERWORKS. All components of the town’s water supply system, whether operated by the town or the Eagle River Water and Sanitation District, including, but not limited to, all equipment, dams, canals, ditches, flumes, pipelines, conduits, reservoirs, drains, wells, pumps and other facilities associated with the diversion, control, treatment and/or distribution of the town’s municipal water supplies.

(Ord. 6(2006) § 1)

§ 9-1-2 WATER QUALITY STANDARDS.

   Within the jurisdictional areas set forth in § 9-1-3 of this chapter, the standards for water quality shall be those standards adopted from time to time by the Water Quality Control Commission pursuant to C.R.S. §§ 25-8-202(b) and 25-8-404, as applicable to waters located within the jurisdiction of this chapter. Said standards are incorporated herein by reference.

(Ord. 6(2006) § 1)

§ 9-1-3 JURISDICTION FOR WATER QUALITY.

   Pursuant to C.R.S. §§ 31-15-707(b), 31-15-708(1) and 31-15-401, and for the purpose of maintaining and protecting its municipal water supply from injury and pollution, the town shall exercise regulatory and supervisory jurisdiction within the Town of Vail and over all streams and sources contributing to municipal water supplies for a distance of five miles above the points from which municipal water supplies are diverted.

(Ord. 6(2006) § 1)