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HomeMy WebLinkAbout1997 Ordinance No. 069) , ,' ORDINANCE NO. laf- SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY THE ADDITION OF A NEW SECTION 9, ENTITLED PROHIBITED DISCHARGES. WHEREAS, the Englewood City Council adopted Ordinance No. 20 , Series of 1993 , which created the Storm Water Utility And Enterprise Fund; and WHEREAS, there is no language in the Englewood Municipal Code that prohibits the dumping of hazardous, harmful substances t o the City's storm water system; and WHEREAS , by the adoption of this Ordinance the Englewood Municipal Code will prohibit the dumping of harmful substances into the City's storm water system; and WHEREAS, after review of this amendment at the July 8 , 1997 meeting of the Englewood Water and Sewer Board, the Board recommends the adoption of this Ordinance ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 12 , Chapter 5 , of the Englewood Municipal Code 1985, by the addition of a new Section 9, entitled Prohibited Discharges, which shall read as follows : 12-5: STORM WATER UTILITY AND ENTERPRISE FUND 12-5-9: PROHIBITED DISCHARGES: A. IT SHALL BE UNLAWFUL FOR ANY PERSON TO DISCHARGE OR CAUSE TO BE DISCHARGED TO THE STORM DRAINAGE SYSTEM ANY POLLUTING MATERIAL OR ANY OTHER MATERIAL WHICH IS NOT COMPOSED ENTIRELY OF STORM WATER. B . IT SHALL BE COMPLETE DEFENSE TO THE APPLICATION OF THIS SECTION THAT SUCH DISCHARGE WAS MADE PURSUANT TO AN "NPDES" STORM WATER DISCHARGE PERMIT OR RESULTED FROM FIREFIGHTING ACTIVITIES . C. EXCEPT AS SUCH MAY BE IDENTIFIED BY THE CITY AS SOURCES OF POLLUTING MATERIALS , THIS SECTION SHALL NOT APPLY TO THE FOLLOWING CATEGORIES OF NON-STORM WATER DISCHARGES : 1. WATER LINE AND FIRE HYDRANT FLUSHING; 2. LANDSCAPE IRRIGATION ; -1- 10 b iii 3 . DIVERTED STREAM FLOWS ; 4. RISING GROUND WATERS ; 5. UNCONTAMINATED GROUND WATER INFILTRATION INTO THE STORM DRAINAGE SYSTEM; 6. UNCONTAMINATED PUMPED GROUND WATER; 7. DISCHARGES FROM POTABLE WATER SOURCES ; 8. FOUNDATION DRAINS ; 9. AIR CONDITIONING CONDENSATION ; 10. IRRIGATION WATER; 11 . SPRINGS; 12 . WATER FROM CRAWL SPACE PUMPS ; 13 . FOOTING DRAINS; 14 . LAWN WATERING; 15 . INDIVIDUAL RESIDENTIAL CAR WASHING ; 16 . FLOWS FROM RIPARIAN HABITATS AND WETLANDS ; 17 . DECHLORINATED SWIMMING POOL DISCHARGES ; AND 18. STREET WASHWATER. D . ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999 .00 ) PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES , OR, UPON CONVICTION, A CRIMINAL PENALTY PUNISHABLE BY A FINE OF NOT MORE THAT NINE HUNDRED AND NINETY-NINE DOLLARS ($999 .00 ) PER DAY DURING WHICH SUCH VIOLATION OCCURS OR CONTINUES OR BY IMPRISONMENT FOR NOT MORE THAN THREE (3) MONTHS OR BY BOTH . Section 2. S a fety Clauses . The City Council, hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public conv enience and welfare . The City Council further d etermines that the Ordinance bears a rational relation to the proper legislative obj e ct sought to be obtained. -2- . ~. Section 3. S e verability . If any clause , sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances . All other ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . S e ction 5. Effect of repeal or modification. The repeal or modification of an y provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits , proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any j udgment, decre e , or order which can or may be rendered, entered, or made in such actions , suits , proceedings , or prosecutions. Introduced, read in full, and passed on first reading on the 18th day of August, 1997. Published as a Bill for an Ordinance on the 21st day of August, 1997 . Read by title and passed on final reading on the 2nd day of September, 1997. Published by title as Ordinance No . fl/-, Series of 1997, on the 4th day of September, 1997 . t~- I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop y of the Ordinance passed on final reading and published by title as Ordinance No . fttJ-, Series of 1 7 . -3- COUNCIL COMMUNICATION Date Agenda Item Subject Prohibited Discharges to the Storm August 18, 1997 10 a i Drainage System Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Proposed changes will be to the Englewood Municipal Code, Title 12, Public Utilities. RECOMMENDED ACTION Council approval, by ordinance, of the proposed changes to the Storm Water ordinance: Section 12-5-9: PROHIBITED DISCHARGES. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Water and Sewer Board, at their July 8, 1997 meeting, recommended Council approval of the code prohibiting dumping of harmful substances to the City's storm water. The Englewood Municipal Code does not specifically address dumping hazardous, harmful substances into the storm water system. This addition to the Storm Water ordinance closes that gap. FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Ordinance.