HomeMy WebLinkAbout2025 Ordinance No. 050
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ORDINANCE COUNCIL BILL NO. 55
NO. 50 INTRODUCED BY COUNCIL
SERIES OF 2025 MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 12, CHAPTER 5, SECTION 9 OF
THE ENGLEWOOD MUNICIPAL CODE TO ALLOW CERTAIN LOW-
RISK DISCHARGES, AND ADOPTING THE 2025 ENGLEWOOD STORM
DRAINAGE CRITERIA MANUAL.
WHEREAS, the Federal Clean Water Act requires that stormwater discharges be
authorized under stormwater discharge permits; and
WHEREAS, the City of Englewood operates under a Municipal Separate Storm
Sewer System (MS4) permit issued by the Colorado Department of Public Health and
Environment (CDPHE), Water Quality Control Division; and
WHEREAS, the City adopted the Englewood Storm Drainage Criteria Manual
(ESDCM) in 2020 in response to significant storm events in 2018, establishing the
governing standards for stormwater design, construction, and post-construction
management within the City; and
WHEREAS, recent development trends and MS4 permit compliance requirements
necessitate updates to the ESDCM to reflect current engineering practices, state and federal
regulations, and permit standards; and
WHEREAS, staff engaged Merrick & Company to provide professional review
services in support of the 2025 ESDCM update; and
WHEREAS, staff also recommends modifying EMC §12-5-9 (“Prohibited
Discharges”) to align with CDPHE low-risk discharge policy guidance documents, which
identify activities determined by the State to have a low environmental risk when
discharged into the storm sewer system; and
WHEREAS, the Water and Sewer Board reviewed and recommended approval of
the 2025 ESDCM the proposed EMC revisions at its meeting on July 8, 2025; and
WHEREAS, the City Council finds that adoption of the 2025 ESDCM and
amendment of EMC §12-5-9 are necessary to protect public health and safety, ensure
compliance with the City’s MS4 permit, and advance the City’s strategic goals relating to
infrastructure, community wellbeing, and sustainability.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Title 12, Chapter 5 Regarding Prohibited
Discharges. Englewood Municipal Code is hereby amended to read as follows (new
provisions underlined; repealed provisions crossed-through):
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. Water-based fire suppression system testing;
3. Landscape irrigation;
4. Diverted stream flows;
5. Rising ground waters;
6. Uncontaminated ground water infiltration into the storm drainage system;
7. Uncontaminated pumped ground water;
8. Discharges from potable water sources;
9. Foundation drains;
10. Air conditioning condensation;
11. Irrigation water;
12.Springs;
13.Water from crawl space pumps;
14.Footing drains;
15.Lawn watering;
16.Individual residential car washing;
17.Flows from riparian habitats and wetlands;
18.Dechlorinated swimming pool discharges; and
19.Street washwater.; and
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20. Discharges in accordance with the CDPHE low risk discharge policy guidance
documents or other policy and guidance documents of the State.
D. Any person who violates any provision of this section shall be subject to a civil
penalty of not more that nine hundred 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 than nine hundred 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. The City hereby adopts the “2025 Storm Drainage Criteria Manual”
as the official stormwater design and technical criteria manual for the City as authorized
under EMC § 12-5-10. This manual shall govern the design, construction, and maintenance
of stormwater facilities within the City, unless otherwise provided by ordinance.
Section 3. At least one copy of the adopted manual is on file and available for
public inspection at the office of the City Clerk and shall remain so available while this
ordinance is in effect.
Section 4. Any future amendments or revisions to the “2025 Storm Drainage
Criteria Manual” shall not become effective within the City unless adopted by ordinance
following notice and public hearing as required by law. No future version of the manual shall
be deemed incorporated by reference unless explicitly adopted by the City Council.
Section 5. The Director of Utilities or designee may issue administrative
guidance or technical interpretations of the adopted manual, provided such interpretations do
not materially alter the standards set forth in the adopted edition. Any substantial
modifications or updates shall be presented to City Council for formal adoption.
Section 6. General Provisions Applicable to this Ordinance. The following
general provisions and findings are applicable to the interpretation and application of this
Ordinance:
A. Severability. 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.
B. 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.
C. Effect of repeal or modification. The repeal or modification of any
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,
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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 judgment,
decree, or order which can or may be rendered, entered, or made in such actions, suits,
proceedings, or prosecutions.
D. Safety 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 convenience and welfare. The City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be obtained. This Safety
Clause is not intended to affect a Citizen right to challenge this Ordinance through
referendum pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official
newspaper, the City’s official website, or both. Publication shall be effective upon the first
publication by either authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby
authorized and directed to execute all documents necessary to effectuate the approval
authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest
to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor
Pro Tem is hereby authorized to execute the above-referenced documents. The execution
of any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance, and has authority to correct formatting and/or typographical
errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or
prohibited action punishable by law, unless otherwise specifically provided in Englewood
Municipal Code or applicable law, violations shall be subject to the General Penalty
provisions contained within EMC § 1-4-1.
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Introduced and passed on first reading on the 6th day of October, 2025; and on second
reading, in identical form to the first reading, on the 20th day of October, 2025.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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