Chapter 13.30
STORM WATER
Sections:
13.30.020 New construction and redevelopment.
13.30.030 Newly created or existing BMP management.
13.30.050 Noncompliance remedies.
13.30.010 Definitions.
A. Best Management Practice (BMP). With reference to the Urban Drainage and Flood Control District’s Drainage Criteria Manual, Volume 3, a BMP can be a device, practice, or method for removing, reducing, retarding, or preventing targeted storm water runoff constituents, pollutants, and contaminants from reaching receiving waters.
B. Storm Sewer System. Includes but is not limited to the following: a conveyance or system of conveyances, which includes roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains owned by the city and/or owned privately.
C. Storm Water Management Plan (SWMP). Refers to a plan that details the erosion, sediment and waste control plans required for applicable development sites.
D. Land Disturbance. Any activity that results in a change in the existing land (both vegetative and nonvegetative). Land disturbing activities include, but are not limited to, construction activities such as clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas (if they are disturbed), stockpiling of fill materials, and borrow areas. Compaction that is associated with stabilization of structures and road construction is also a land disturbing activity.
E. Final Stabilization. The condition reached when all ground surface disturbing activities at the site have been completed, and for all areas of ground surface disturbing activities a uniform vegetative cover has been established with an individual plant density of at least seventy percent (70%) of predisturbance levels, or equivalent permanent, physical erosion reduction methods have been employed. (Ord. 2017-1 § 1 (part): Ord. 2011-5 § 1 (part): Ord. 2005-2 § 1 (part))
13.30.020 New construction and redevelopment.
A. It is hereby unlawful for any contaminated runoff, from any new construction or redevelopment site, to enter any storm sewer system or state water. Further, it shall be unlawful for any new construction or redevelopment site equal to or greater than one (1) acre, or smaller than one (1) acre if part of a larger development, to disturb any land without first obtaining an approved state of Colorado storm water permit. Proof of a state-approved permit must be accompanied by a detailed storm water management plan, approved by the city, prior to the issuance of a storm water permit. The site may obtain a waiver from the requirements of the state of Colorado storm water permit. Proof of the state storm water permit waiver must be presented to the city in lieu of the state permit. A waiver granted by the state exempts a site from the requirements in subsections B through E of this section.
B. The storm water management plan must include:
1. Name an individual person and an alternate, each identified by name, who shall be readily accessible on the construction site and legally responsible for the provisions described in the storm water management plan.
2. Locate (if applicable) and identify all structural and nonstructural control measures for the applicable construction activities.
3. Contain installation and implementation specifications or a reference to the document with installation and implementation specifications for all structural control measures.
4. A narrative description of nonstructural control measures.
5. BMPs must be selected, designed, installed, implemented, and maintained to provide control of all potential pollutants, such as but not limited to sediment, construction site waste, trash, discarded building materials, concrete truck washout, chemicals, sanitary waste, and contaminated soils in discharges to the MS4. At a minimum pollutant sources associated with the following activities (if part of the applicable construction activity) must be addressed:
a. Land disturbance and storage of soils.
b. Vehicle tracking.
c. Loading and unloading operations.
d. Outdoor storage of construction site materials, building materials, fertilizers, and chemicals.
e. Bulk storage of materials.
f. Vehicle and equipment maintenance and fueling.
g. Significant dust or particulate generating processes.
h. Routine maintenance activities involving fertilizers, pesticides, detergents, fuels, solvents, and oils.
i. Concrete truck/equipment washing, including the concrete truck chute and associated fixtures and equipment.
j. Dedicated asphalt and concrete batch plants.
k. Other areas or operations where spills can occur.
l. Other non-storm water discharges including construction dewatering not covered under the construction dewatering discharges general permit and wash water that may contribute pollutants to the MS4.
C. If the storm water permit is denied by the state, the permittee is fully responsible for addressing any corrective actions needed to obtain the permit.
D. If the city does not approve the storm water management plan, the city shall be responsible to notify the permittee in writing of any corrective actions that need to be addressed before the permittee may obtain a storm water permit.
E. The city reserves the right to, at its discretion, require a security in the form of a bond or cash escrow prior to the issuance of a storm water permit.
1. In the event the permittee fails to construct or maintain the BMPs described in the storm water management plan, violates any provision of this chapter, or fails to stabilize the site within the time frame set in the storm water management plan, the city reserves the right to use the security to cover any costs associated with constructing and maintaining the appropriate BMPs that will keep pollutants out of the storm sewer system or to cover penalties or fines levied as a result of violations.
2. If the total costs and penalties exceed the security, the permittee shall be responsible for payment of the remaining balance within thirty (30) calendar days of receipt of an accounting of such from the city.
3. The security, less any deductions, shall be released upon the city’s determination that the permittee has successfully completed all required work and met all other requirements of this chapter.
F. The permittee is responsible for payment of all fees and costs associated with the permittee’s work under this chapter.
G. Inspections. The permittee’s responsible person or designated alternate shall perform weekly inspections of the site, BMPs, and the area surrounding the site. The permittee shall update the SWMP as necessary based on the inspections. These inspections shall be performed at a minimum of once per week, documented, and submitted to the Public Works Director or their designee.
1. The inspection document must include the inspection date, inspector’s name, BMP description and any corrective actions needed and/or taken. These documents must be kept on file at the construction site, and submitted to the city within one (1) week of the inspection being conducted.
2. Inspections shall occur for the life of the project until a notice of termination is submitted to CDPHE and the site is stabilized.
3. Appropriate control measures must be implemented prior to the start of construction activity, must control potential pollutants during each phase of construction, and must be continued through final stabilization. Appropriate structural control measures must be maintained in operational condition.
H. The provisions of this chapter are not to interfere or conflict with, abrogate, or annul any other ordinance, regulation, statute, or provision of law.
I. The city may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the city’s municipal court, enter upon any property for examination of the same to perform inspections outlined in this chapter or to ascertain whether a violation of the requirements of this chapter exists. Further, the city shall be immune from any legal action or liability on account thereof. (Ord. 2017-1 § 1 (part): Ord. 2011-5 § 1 (part): Ord. 2005-2 § 1 (part))
13.30.030 Newly created or existing BMP management.
A. From the effective date of the ordinance codified in this chapter, it is hereby required that the property owners of all construction or redevelopment projects that disturb greater than or equal to one (1) acre, including projects less than one (1) acre that are part of a larger common plan of development or sale, must design, construct, install, perform inspections on and maintain indefinitely permanent BMP units or systems that prevent or minimize water quality impacts.
1. Excluded Sites. The following are excluded from the requirements of this section:
a. Pavement Management Sites. Sites, or portions of sites, for the rehabilitation, maintenance, and reconstruction of roadway pavement, which includes roadway resurfacing, mill and overlay, white topping, black topping, curb and gutter replacement, concrete panel replacement, and pothole repair. The purpose of the site must be to provide additional years of service life and optimize service and safety. The site also must be limited to the repair and replacement of pavement in a manner that does not result in an increased impervious area and the infrastructure must not substantially change. The types of sites covered under this exclusion include day-to-day maintenance activities, rehabilitation, and reconstruction of pavement. “Roadways” include roads and bridges that are improved, designed or ordinarily used for vehicular travel and contiguous areas improved, designed or ordinarily used for pedestrian or bicycle traffic, drainage for the roadway, and/or parking along the roadway. Areas primarily used for parking or access to parking are not roadways.
b. Excluded Roadway Redevelopment. Redevelopment sites for existing roadways, when one (1) of the following criteria is met:
i. The site adds less than one (1) acre of paved area per mile of roadway to an existing roadway; or
ii. The site does not add more than eight and one-quarter (8.25) feet of paved width at any location to the existing roadway.
c. Excluded Existing Roadway Areas. For redevelopment sites for existing roadways, only the area of the existing roadway is excluded from the requirements of an applicable development site when the site does not increase the width by two (2) times or more, on average, of the original roadway area. The entire site is not excluded from being considered an applicable development site for this exclusion. The area of the site that is part of the added new roadway area is still an applicable development site.
d. Aboveground and Underground Utilities. Activities for installation or maintenance of underground utilities or infrastructure that does not permanently alter the terrain, ground cover, or drainage patterns from those present prior to the construction activity. This exclusion includes, but is not limited to, activities to install, replace, or maintain utilities under roadways or other paved areas that return the surface to the same condition.
e. Nonresidential and Noncommercial Infiltration Conditions. This exclusion does not apply to residential or commercial sites for buildings. This exclusion applies to applicable development sites for which post-development surface conditions do not result in concentrated storm water flow during the eightieth percentile storm water runoff event. In addition, post-development surface conditions must not be projected to result in a surface water discharge from the eightieth percentile storm water runoff events. Specifically, the eightieth percentile event must be infiltrated and not discharged as concentrated flow. For this exclusion to apply, a study specific to the site, watershed and/or MS4 must be conducted. The study must show rainfall and soil conditions present within the permitted area; must include allowable slopes, surface conditions, and ratios of impervious area to pervious area; and the permittee must accept such study as applicable within its MS4 boundaries.
f. Sites with Land Disturbance to Undeveloped Land That Will Remain Undeveloped. This exclusion applies to land with no human-made structures such as buildings or pavement that will remain undeveloped after the project is complete.
g. Stream stabilization sites.
h. Trails.
2. The permittee, or its designated representative of the construction or redevelopment site(s), shall submit the designs, specifications or plans for the proposed permanent BMPs to the city for review and approval before a storm water permit will be granted.
a. Design standard(s) selected for the site must meet the current MS4 Phase II Permit issued by the Water Quality Control Division of the Colorado Department of Public Health and Environment.
b. Plans must include at a minimum:
i. Design details for all structural control measures implemented.
ii. A narrative reference for all nonstructural control measures for the site, if applicable. “Nonstructural control measures” are control measures that are not structural control measures, and include, but are not limited to, control measures that prevent or reduce pollutants being introduced to water or that prevent or reduce the generation of runoff or illicit discharges.
iii. Documentation of operation and maintenance procedures to ensure the long-term observation, maintenance, and operation of the control measures. The operation and maintenance plan must include frequencies for routine inspections and maintenance activities.
iv. Documentation regarding easements or other legal means for access of the control measure sites for operation, maintenance, and inspection of control measures.
3. The permittee is responsible for all costs associated with design, construction, permitting fees and ongoing maintenance.
B. Inspections, performed by the property owner or their designated representative and/or alternate, of the permanent BMPs must be documented and occur at least once per calendar year or per the city approved operation and maintenance plan.
1. Inspections of the permanent BMPs shall commence within thirty (30) calendar days of the completion of construction.
a. Notwithstanding these requirements, the provisions for inspections contained in Section 13.30.020(G) must be continued until a notice of termination is submitted to CDPHE and the site is stabilized.
2. Documentation of the inspections must include date, inspector’s name, BMP description and any corrective actions needed and/or taken. These documents must be made available to the city upon demand.
3. The property owner, or representative, must notify the city of Glendale Public Works Department of the names and phone numbers of the primary person and alternate who will be responsible for carrying out the provisions of this section. This information must be updated with the city whenever a change occurs in the responsible person’s names or phone numbers.
4. Should the property owner fail to adequately perform the duties and responsibilities under these provisions, then the city reserves the right to enter the affected property and perform or cause to be performed all required work and charge the property owner a fee for such work.
C. The city may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the city’s municipal court, enter upon any property for examination of the same to perform inspections outlined in this chapter or ascertain whether a violation of the requirements of this chapter exists. Further, the city shall be immune from any legal action or liability on account thereof.
D. The provisions of this chapter are not to interfere or conflict with, abrogate, or annul any other ordinance, regulation, statute, or provision of law. (Ord. 2017-1 § 1 (part): Ord. 2011-5 § 1 (part): Ord. 2005-2 § 1 (part))
13.30.040 Illegal discharges.
A. It is hereby unlawful to discharge or cause to be discharged any pollutant into the storm sewer system and/or Cherry Creek or to make any connection to the city’s storm sewer system without the approval of the city of Glendale Public Works Director.
B. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited, except as described as follows:
1. Discharges from the following activities will not be considered a source of pollutants to the storm drain system and to waters of the state when properly managed to ensure that no potential pollutants are present; and, therefore, they shall not be considered illegal discharges unless determined to cause a violation of the provisions of the Clean Water Act, or this chapter:
a. Agricultural storm water runoff;
b. Irrigation return flow;
c. Landscape irrigation and lawn watering;
d. Diverted stream flows;
e. Rising groundwater;
f. Uncontaminated groundwater infiltration to the storm drain system;
g. Uncontaminated foundation and footing drains;
h. Water from crawl space pumps;
i. Air-conditioning condensation;
j. Springs;
k. Individual residential car washing;
l. Flows from riparian habitats and wetlands;
m. Dechlorinated swimming pool discharges in accordance with the Division’s Low Risk Discharge Guidance: Swimming Pools;
n. Water from incidental street sweeping (including associated sidewalks and medians) and that is not associated with construction;
o. Discharges resulting from emergency firefighting activities;
p. Uncontaminated pumped groundwater (note: discharges containing groundwater that comes into contact with construction activity are not considered “uncontaminated” due to the potential for sediment content);
q. Water line flushing in accordance with the Division’s Low Risk Policy Discharge Guidance: Potable Water;
r. Discharges from potable water sources in accordance with the Division’s Low Risk Discharge Guidance: Potable Water.
i. The potable water shall not be used in any additional process. Processes include, but are not limited to, any type of washing, heat exchange, manufacturing, and hydrostatic testing of pipelines not associated with treated water distribution systems;
s. Dye testing in accordance with the manufacturer’s recommendations;
t. Storm water runoff with incidental pollutants;
u. Discharges authorized by a CDPS or NPDES permit;
v. Discharges that are in accordance with the Division’s low risk policy guidance documents or other Division policies and guidance documents where the Division has stated that it will not pursue permit coverage or enforcement for specified point source discharges; and
w. Discharges added to the list of “Discharges That Can Be Excluded from Being Effectively Prohibited” through the process detailed in the CDPS General Permit for Storm Water Discharges Associated with MS4s.
C. In order to abate a violation declared in accordance with this chapter, the city may elect to pursue any one (1) or more of the methods of abatement consistent with the provisions in Section 13.30.050, and, at the discretion of the city, such violations are subject to the penalties referenced in that same section.
D. Should a property owner fail to adequately perform the duties and responsibilities under these provisions, then the city reserves the right to enter the affected property and perform or cause to be performed all required work and charge the property owner a fee for such work.
E. Whenever the Public Works Director or their designee finds that a discharge of pollutants is taking place or has occurred which will result in or has resulted in pollution of storm water, the storm drain system or waters of the state, the Public Works Director or their designee may require by written notice to the owner of the property and/or the responsible person that the pollution be remediated and the affected property restored within a specified time pursuant to the provisions of this chapter.
F. Consistent with state and federal regulations, hazardous pollutants from vehicle accidents and/or spills entering the storm water system and/or Cherry Creek are to be mitigated.
G. The city may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the city’s municipal court, enter upon any property for examination of the same to perform inspections outlined in this chapter or ascertain whether a violation of the requirements of this chapter exists. Further, the city shall be immune from any legal action or liability on account thereof.
H. Nothing contained herein shall be construed to relieve any person discharging, or causing to be discharged, water into the storm sewer system from any liability for damage caused by the volume or quality of water discharged. (Ord. 2017-1 § 1 (part): Ord. 2011-5 § 1 (part): Ord. 2005-2 § 1 (part))
13.30.050 Noncompliance remedies.
A. Whenever the city determines that any activity is occurring which is not in compliance with a storm water quality permit and/or the requirements of this chapter, the city may issue a verbal warning, a written compliance order to an individual, property owner or permittee containing a compliance schedule, a stop work order, and/or re-inspection fees. The schedule shall contain specific actions the person must complete, including dates for the completion of the actions. It shall be unlawful for any person to fail to comply with any compliance order requirement.
B. The city may, according to the powers granted to it by C.R.S. 30-15-401, at its discretion, proceed against any violation of this title by abatement, injunction, or other civil action, which remedies shall be cumulative to the penalties in Section 1.16.010, and/or C.R.S. 18-4-511. No remedy provided in this chapter shall be exclusive. All remedies shall be cumulative and available concurrently. The taking of any action authorized by this chapter, including charge or conviction of violation of this chapter, shall not preclude or prevent the taking of other action to abate any violation. (Ord. 2017-1 § 1 (part): Ord. 2011-5 § 1 (part): Ord. 2005-2 § 1 (part))