The city council finds, declares, and determines it necessary for the health, safety, and welfare of the residents of the city to protect and enhance water quality by reducing pollutants in stormwater runoff to the maximum extent practicable and by prohibiting nonstormwater discharges into the storm sewer system in a manner pursuant to and consistent with the Federal Clean Water Act, 33 U.S.C. § 1251 et seq. This chapter sets forth uniform requirements for users of the city's municipal separate storm sewer system and enables the city to comply with all applicable state and federal laws and regulations. The objectives of this chapter are:

(A) To regulate the contribution of pollutants to the municipal separate storm sewer system by stormwater discharges by any user;

(B) To prohibit illicit connections and discharges to the municipal separate storm sewer system;

(C) To minimize increases in stormwater runoff from any development in order to reduce flooding, siltation, and streambank erosion, and maintain the integrity of stream channels; and

(D) To minimize increases in nonpoint source pollution caused by stormwater runoff from development which would otherwise degrade local water quality. (Ord. 1779 §1, 2004)

Words and phrases used in this chapter shall be as defined in this section unless the context clearly indicates otherwise.

(A) Act or the Act shall mean the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251, et seq.

(B) Approval authority shall mean the Director of the Colorado Department of Public Health and Environment or designee.

(C) Best management practices or BMPs shall mean schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

(D) City shall mean The City and County of Broomfield.

(E) Code shall mean the Broomfield Municipal Code.

(F) Colorado Discharge Permit System or CDPS shall mean the State's version of the NPDES program. Stormwater discharge permits are issued by the Colorado Department of Public Health and Environment.

(G) Construction activity shall mean activities subject to CDPS/NPDES Construction Stormwater Permits. These include construction projects
resulting in a land disturbance greater than or equal to one acre. Construction activity disturbing less than one acre must be included in the program if that construction activity is part of a larger common plan of development or sale that would disturb one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

(H) Director of public works or director shall mean the director of public works of the city or a designee thereof.

(I)  Environmental Protection Agency or EPA shall mean the U.S. Environmental Protection Agency or, where appropriate, the term may also be used as a designation for the administrator or other duly authorized official of said agency.

(J)  Hazardous materials shall mean any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

(K) Illicit discharge shall mean any direct or indirect discharge to a municipal separate storm sewer system that is not composed entirely of stormwater, except discharges specifically exempted in section 13-40-040 of this chapter.

(L) Illicit connection shall mean:

(1) Any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm sewer system including, but not limited to, any conveyances which allow any nonstormwater discharge including sewage, process wastewater, and wash water to enter the storm sewer system and any connections to the storm sewer system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or

(2) Any drain or conveyance connected from a commercial or industrial land use to the storm sewer system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

(M) Industrial activity shall mean any activities subject to CDPS/NPDES Industrial Stormwater Permits.

(N) Maximum extent practicable shall mean a standard for implementation of stormwater management programs to reduce pollutants in stormwater. It is the maximum extent possible taking into account equitable consideration and competing facts, including, but not limited to: the seriousness of the problem, public health risk, environmental benefits, pollutant removal effectiveness, regulatory compliance, ability to implement, cost, and technical feasibility.

(O) MS4 or municipal separate sewer system shall mean the city's storm sewer system.

(P) National Pollutant Discharge Elimination System (NPDES) Stormwater discharge permit shall mean a permit issued pursuant to section 402 of the Act [33 U.S.C. § 1342(b)] that authorizes the discharge of pollutants to water of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

(Q) Nonstormwater discharge shall mean any discharge to the storm sewer system that is not composed entirely of stormwater.

(R) Person or user shall mean an individual, partnership, organization, firm, corporation, or other entity recognized by law and acting as either the owner or as the owner's agent.

(S) Pollutant shall mean any liquid, solid or semi-solid substances, or combination thereof, including, but not limited to:

(1) Artificial materials, chips, pieces of natural or man-made materials, including but not limited to floatable plastics, wood, or metal shavings.

(2) Household waste, including but not limited to trash, paper, plastics, lawn clippings, and yard wastes; animal fecal materials; pesticides, herbicides, and fertilizers; used oil and fluids from vehicles, lawn mowers, and other common household equipment.

(3) Metals, including but not limited to cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, silver, and zinc and nonmetals, including but not limited to phosphorus and arsenic.

(4) Petroleum hydrocarbons, including but not limited to fuels, lubricants, hydraulic fluids, surfactants, waste oils, solvents, coolants, and grease.

(5) Soil, sediment, and particulate materials.

(6) Animal waste, including but not limited to discharge from confinement facilities, kennels, pens, recreational facilities, stables, show facilities, and polo fields.

(7) Substances having characteristics such as a pH less than 6.5 or greater than 8.5 or unusual coloration or turbidity, or containing fecal coliform, fecal streptococcus, enterococcus, or other pathogens.

(8) Waste materials and wastewater generated, including but not limited to painting or staining; use of sealants, glues, limes; excessive pesticides, fertilizers, or herbicides; use of wood preservatives and solvents; disturbance of asbestos fibers, paint flakes, or stucco fragments; application of oils, lubricants, hydraulic, radiator, or battery fluids; construction equipment washing, concrete pouring, and cutting slurry wastes, and cleanup wash water or use of concrete detergents; steam cleaning, or sand blasting residues; use of chemical degreasing or diluting agents; and super-chlorinated water generated by potable water line flushing.

(9) Wastewater from outdoor mobile power washing activities, including but not limited to building exteriors, cleaning of gas stations, vehicle service facilities, vehicle engines, car lots, restaurants, drive-throughs, dumpster areas, and graffiti removal.

(10) Materials causing an increase in biochemical oxygen demand, chemical oxygen demand, total suspended solids, or total organic carbon.

(11) Materials which contain base/neutral or acid-extractable organic compounds.

(12) Pollutants as defined in § 502(6) of the Clean Water Act, 33 U.S.C. § 1362(6).

(T) Pollution shall mean the human-made or human-induced alteration of the quality of waters by pollutants to a degree which unreasonably affects or has the potential to unreasonably affect, either the waters for beneficial uses or the facilities which serve these beneficial uses.

(U) Premises shall mean any building, lot, parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

(V) Public health officer shall mean the public health officer for the city or his or her designee.

(W) Receiving waters shall mean lakes, rivers, streams, or other surface or subsurface water courses which receive treated or untreated wastewater.

(X) Standards and specifications shall mean the city's Standards and Specifications for Design and Construction of Public Improvements.

(Y) Storm sewer system shall mean publicly-owned facilities by which stormwater is collected or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

(Z) Stormwater shall mean any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

(AA) Stormwater management plan or stormwater pollution prevention plan shall mean a document which describes the best management practices and activities to be implemented by a user or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, or receiving waters to the maximum extent practicable.

(BB) Wastewater shall mean any water or other liquid, other than uncontaminated stormwater, discharged from a facility.

(CC) Waters of the United States shall mean surface watercourses and water bodies as defined at 40 CFR § 122.2, including all natural waterways and definite channels and depressions in the earth that may carry water, even though such waterways may only carry water during rains and storms and may not carry stormwater at and during all times and seasons. (Ord. 1779 §1, 2004)

This chapter shall apply to all water entering the storm sewer system generated on any developed and undeveloped lands, unless expressly exempted by the director of public works. (Ord. 1779 §1, 2004)

No person shall contribute or cause to be contributed, directly or indirectly, a discharge of any substance other than naturally occurring stormwater runoff into the city's storm sewer system except the following exemptions:

(A) Nonstormwater discharges, including the following:

(1) Fire-fighting activities;

(2) Water line brakes and releases from potable water systems;

(3) Dechlorinated hydrant flushing;

(4) Foundation/footing drains;

(5) Uncontaminated groundwater;

(6) Basement or crawl space sump pump;

(7) Landscape irrigation;

(8) Dechlorinated swimming pool discharges;

(9) Air conditioning condensation;

(10) Noncommercial residential car washing;

(11) Diverted stream flows;

(12) Flows from riparian habitats and wetlands; and

(13) Natural springs.

(B) Discharges expressly authorized in writing by the director as being necessary to protect public health and safety.

(C) Dye testing, provided that a prior approval is given by the director.

(D) Any nonstormwater discharge permitted under a CDPS/NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Colorado Department of Public Health and Environment or the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations and approved by the director. The city reserves the right to deny any discharge even though the user has a CDPS/NPDES permit. (Ord. 1779 §1, 2004)

(A) The construction, use, maintenance, or continued existence of illicit connections to the storm sewer system is prohibited, including illicit connections made prior to the effective date of this chapter, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.

(B) A user is considered to be in violation of this chapter if the person connects a line conveying sewage to the storm sewer system, or allows such a connection to continue. (Ord. 1779 §1, 2004)

(A) The director or the public health officer may, without prior notice, suspend storm sewer system discharge access to a person when such suspension is necessary to stop an actual or threatened

discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the city's storm sewer system or the waters of the United States.

(B) If the violator fails to comply with a suspension order issued in an emergency, the director or the public health officer may take such steps as deemed necessary to prevent or minimize damage to the storm sewer system or the waters of the United States or to minimize danger to persons.

(C) Any person discharging to the storm sewer system in violation of this chapter may have his or her storm sewer system access terminated. Except in the case of an emergency, the director or the public health officer shall give prior written notification to a violator of the proposed termination of the violator's storm sewer system access. No later than three days after receipt of the notice of proposed termination, the violator may request a hearing. At the hearing, the violator shall be advised of the basis for the proposed termination and given the opportunity to present any evidence to refute the evidence for the proposed termination.

(D) A person commits an offense if the person reinstates storm sewer system access to premises after termination pursuant to this chapter, without the prior written approval of the director or the public health officer. (Ord. 1779 §1, 2004)

No person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, left, or maintained in or upon any public or private property, driveway, parking area, street, alley, sidewalk, component of the storm sewer system, or waters of the United States, any refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations, so that the same may cause or contribute to pollution. Wastes deposited in streets in proper waste receptacles for the purpose of collection are exempted from this prohibition. (Ord. 1779 §1, 2004)

Any person subject to an industrial or construction activity CDPS/NPDES stormwater discharge permit shall comply with all provisions of such permit, the city's Standards and Specifications, and this chapter. Proof of compliance with said permit may be required in a form acceptable to the director prior to the allowing of discharges to the storm sewer system. (Ord. 1779 §1, 2004)

(A) Applicability. This section applies to all facilities that have stormwater discharges associated with commercial and industrial activity, including construction activity.

(B) Access to Facilities.

(1) The director shall be permitted to enter and inspect facilities subject to regulation as often as may be necessary to determine compliance with this chapter. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the city.

(2) Facility operators shall allow the city ready access to all parts of the premises for the purposes of inspection, sampling, examination, and, if applicable, copying of records that must be kept under the conditions of a CDPS/NPDES permit to discharge stormwater and the performance of any additional duties as required by state and federal law.

(3) The city shall have the right to set up on any facility such devices as are necessary in the opinion of the director to conduct monitoring and/or sampling of the stormwater discharge of the facility.

(4) The city has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy.

(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the request of the city and shall not be replaced. The costs of clearing such access shall be borne by the operator.

(6) An unreasonable delay in allowing the city access to a facility is a violation of the stormwater discharge permit and of this chapter.

(7) A person who is the operator of a facility commits a violation of this chapter if the person denies the director reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this chapter.

(8) If the city has been refused access to any part of the premises from which stormwater is discharged, then the director may seek issuance of a search warrant from any court of competent jurisdiction to gain access for the purpose of inspection and/or sampling as part of a routine inspection and sampling program designed to verify compliance with this chapter or any order issued pursuant to this chapter. (Ord. 1779 §1, 2004)

(A) The owner or operator of a construction, commercial, or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the storm sewer system or watercourses through the use of structural and nonstructural BMPs.

(B) Any person responsible for a property or premises, which is or may be the source of an illicit discharge, may be required to implement, at such person's expense, additional structural and nonstructural BMPs to prevent the further discharge of pollutants to the storm sewer system.

(C) Compliance with all the terms and conditions of a valid CDPS/NPDES permit authorizing the discharge of stormwater associated with industrial/construction activity, to the maximum extent practicable, shall be deemed in compliance with the provisions of this chapter. These BMPs shall be part of the Stormwater Management Plan (SWMP) or Stormwater Pollution Prevention Plan (SWPP) necessary for compliance with the requirements of the CDPS/NPDES permit. (Ord. 1779 §1, 2004)

Any person owning property through which a watercourse passes, and such person's lessee or licensee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner, lessee, or licensee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. (Ord. 1779 §1, 2004)

Notwithstanding other requirements of law, as soon as any 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 illicit discharges or pollutants discharging into stormwater, the storm sewer system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release.

(A) Notification of director. In the event of an accidental discharge, it is the responsibility of such person to immediately telephone and notify the director of the incident. The notification shall include location of discharge, type of waste, concentration, and volume, and corrective actions taken.

(B) Written notice. Within five days following an accidental discharge, it is the responsibility of such person to submit to the director a detailed written report describing the cause of the discharge and the measures to be taken to prevent similar future occurrences. Such notification shall not relieve the responsible party of any expense, loss, damage, or liability which may be incurred as a result of damage to the storm sewer system, fish kills, or any other damage to persons or property, nor shall such notification relieve the responsible party of any fines, civil penalties, or other liability which may be imposed by this chapter or other applicable law. (Ord. 1779 §1, 2004)

(A) Administrative remedies. If any person violates any of the provisions of this chapter, or any of the terms and conditions of any CDPS/NPDES discharge permit, the director or the public health officer is authorized to take one or more of the following actions, as the director or the public health officer deems necessary and appropriate in the circumstances:

(1) Notice of violation. The director or the public health officer may issue a written notice of violation, when a person has violated, or continues to violate, any provision of this chapter, a CDPS/NPDES discharge permit, or order issued herein. Within five working days of the receipt of this notice, the user shall submit to the city, in writing, the following information:

a. A description and cause of the noncompliance;

b. Exact times and dates of noncompliance; and

c. Actions taken to prevent the recurrence of the noncompliance.

Submission of this response does not relieve the user of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section limits the authority of the director or the public health officer to take any action, including emergency actions or any other enforcement action, without first issuing a letter of violation.

(2) Compliance/Stop work order. When the director or the public health officer finds that a person has violated, or continues to violate, any provision of this chapter, a CDPS/NPDES discharge permit, or order issued herein, the director or the public health officer may issue an order to the person responsible for the discharge directing that the person come into compliance within a specified time. If the person does not come into compliance within the time provided, legal or other administrative action may be taken, unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. The order also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the storm sewer system. A compliance order may not relieve the person of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the user.

(3) Administrative fine. The director or the public health officer may assess a fine when a person has violated, or continues to violate, any provision of this chapter, a CDPS/NPDES discharge permit, or order issued herein. The director or the public health officer may fine such person not to exceed $1,000.00. Such fines shall be assessed on a per violation, per day basis.

a. Unpaid charges, fines, and penalties shall, after thirty calendar days, be subject to a lien against the user's property for the unpaid charges, fines, and penalties.

b. Users desiring to dispute such fines must file a written request for the director or the public health officer to reconsider the fine along with full payment of the fine. Where a request has merit, the director or the public health officer may convene a hearing on the matter. In the event the user's appeal is successful, the payment shall be returned to the user. The director or the public health officer may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.

c. Issuance of an administrative fine shall not be a bar against or a prerequisite for taking any other action against the user.

(4) Suspension. The director or the public health officer may order storm sewer system service, and CDPS/NPDES discharge permits suspended if actual or proposed discharge endangers, or may reasonably endanger, individual health, safety, or welfare, or the environment; or may cause the city to violate any condition or terms of its CDPS/NPDES permit. Any such suspension order shall become effective the day after the next regularly scheduled meeting of the city council which is at least five days after the date the suspension order is mailed, unless the city council, on appeal by the affected person, shall reverse the suspension order or stay its effect.

(5) Emergency suspension. The director or the public health officer may, without prior notice or hearing, order storm sewer system service suspended, if actual or proposed discharge immediately and substantially endangers individual health, safety, or welfare, or the environment, or may cause the city to violate any condition of its CDPS/NPDES permit. Any such emergency suspension order shall become effective immediately, and any person notified of such suspension shall immediately stop or eliminate all discharge. The director or the public health officer is also authorized, in such circumstances, to take such steps as deemed necessary to prevent or minimize danger or property damage.

(6) Reinstatement. Any suspended service or permit shall be reinstated upon proof of elimination of the violation, payment of all costs, and expenses incurred by the city in connection with the suspension, and approval by the director or the public health officer of a satisfactory plan to prevent future such violations.

(7) Revocation. The director or the public health officer may order storm sewer system service permanently terminated if he or she has found it necessary to take administrative actions more than three times in any twelve-month period. Any such revocation order shall become effective the day after the next regularly scheduled meeting of the city council which is at least five days after the date the revocation order is mailed, unless the city council, on appeal by the affected person, shall reverse the revocation order or stay its effect.

(8) Other. If deemed necessary to prevent danger or property damage, the director or the public health officer may order a user to provide treatment; flow rate control; suitable access to facilities, such as a manhole or vault; and periodic sampling, testing, and reporting of the quality and quantity of process wastewater being discharged. Any such order shall become effective at the time specified therein, unless the city council, on appeal by the affected user, shall reverse the order or stay its effect.

(B) Notification. Any notice or order issued under this section shall be served personally, or by registered or certified mail, return receipt requested, to the billing or street address of the user.

(C) Appeal.

(1) Notice. Any user desiring to appeal any order or determination of the director or the public health officer shall file a written notice of appeal with the director or the public health officer within fifteen days of such order or determination. Such notice or appeal shall set forth the nature of the order or determination, the reason for the appeal, and request a hearing.

(2) Date of hearing. On receipt of a notice of appeal, the director or the public health officer shall set it for hearing within fifteen days. Notice of the time, date, and place for the hearing shall be served or mailed by certified mail to the party filing the notice of appeal at least ten days prior to the hearing. The director or the public health officer may continue the hearing, from time to time, thereafter, as deemed necessary, without further notice. Whether or not a duly notified user appears or is represented at the hearing, the director or the public health officer may immediately pursue any other enforcement action authorized under this chapter. (Ord. 1779 §1, 2004)