§ 30-217. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings set forth in this section:
Best management practices (BMPs) means a technique, process, activity or structure used to prevent or reduce, to the maximum extent practicable, the pollutant content of a stormwater discharge into receiving waters. BMPs include nonstructural methods such as good housekeeping and preventive maintenance and structural modifications to control the discharge of pollutants directly or indirectly into receiving waters, which limit the release of pollutants into stormwater discharges or function as treatment controls. For the purpose of this ordinance, the term BMP is used interchangeably with the term control measure, and can include other methods such as the installation, operation, and maintenance of structural controls and treatment devices.
(1)
Nonstructural BMPs: Practices that include: schedules of activities, site planning incorporating low-impact development techniques, general good housekeeping pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce, to the maximum extent practicable, the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems.
(2)
Structural BMP: A permanent system designed for the treatment of stormwater to prevent or reduce, to the maximum extent practicable, the discharge of pollutants.
Certificate of completion means a signed written statement by a licensed professional engineer working for the applicant stating that all construction, all earth disturbance work, and all permanent soil erosion control measures were inspected by the engineer and were installed in strict compliance with the approved plans and specifications.
CDPHE means the Colorado Department of Public Health and Environment.
CDPS means Colorado Discharge Permit System. CDPHE is authorized to administer the NPDES program in Colorado.
City engineer means the city engineer or designee.
Clean Water Act means the federal water pollution control act (33 USC section 1251 et seq.), and any subsequent amendments thereto.
Common plan of development or sale is a contiguous area where multiple separate and distinct construction activities located within one-quarter-mile of each other may be taking place at different times on different schedules, but remain related, (within one-quarter-mile). Disturbed area does not include the tillage of land that is zoned for agricultural use.
Construction activity refers to ground surface disturbing and associated activities, which include, but are not limited to, clearing, grading, excavation, demolition, installation of new or improved haul roads and access roads, staging areas, stockpiling of fill materials, and borrow areas. Activities that include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of the facility are not considered construction activities. Construction activity occurs from initial ground breaking to final stabilization regardless of ownership of the construction activities.
Control measure means any best management practice or other method used to prevent or reduce the discharge of pollutants to waters of the state. Control measures include, but are not limited to best management practices and methods such as the installation, operation, and maintenance of structure controls and treatment devices.
Director means the city's director of community services or designee.
Disturbed area means that area of the land's surface disturbed by any work or activity upon the property including construction activities that result in a land disturbance of greater than or equal to one acre or that is less than one acre, but is part of a larger common plan of development or sale that disturbs, one acre or more, unless the disturbed areas have been finally stabilized.
Facility means any building, including a private home, structure, installation, process, or activity from which there is or may be a discharge of a pollutant.
Hazardous materials means 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 to the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Illicit connections means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system, including, but not limited to, any conveyances which allow any non stormwater discharge including sewage, process wastewater, and wash water to enter the storm drainage system; and any connections to the storm drainage system from indoor drains, sump pumps and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved.
Illicit discharge means any direct or indirect release of pollutants to the storm drainage system, except as exempted in subsection 30-220(b) of this article.
Industrial activity means activities subject to CDPS industrial permits, as defined in 40 CFR, Sec. 122.26(b)(14).
Mobile washing operation means a commercial activity involving power washing, steam cleaning, and any other method of mobile cosmetic cleaning of, to include, but is not limited to, the following: vehicles, fabric, pets and/or exterior surfaces.
Municipal separate storm sewer system (MS4) means publicly owned facilities by which stormwater is collected and conveyed, including, but not limited to, any roads with drainage systems, municipal streets, gutters, curbs, catch basins, inlets, piped storm drains, pumping facilities, retention and detention basins, and natural and manmade or altered drainage ditches/channels/lakes/reservoirs, and other drainage structures.
National Pollutant Discharge Elimination System (NPDES) stormwater discharge permit or NPDES permit means a permit issued pursuant to section 402 of the Clean Water Act, including CDPS permits issued by the State of Colorado in compliance with the act.
Non stormwater discharge means any discharge to the storm drain system that is not composed entirely of stormwater.
Operator means the individual who has day-to-day supervision and control of activities occurring at a construction site; this includes the owner, the developer, the general contractor or the agent of one of these parties.
Owner means the person who owns a facility, development, part of a facility, or land.
Pollutant means any sewage, sewage biosolids, garbage, chemical waste, biological material, solid waste, incinerator residue, ash, munitions, radioactive material, heat, rock, sand, cellar dirt and industrial and agricultural wastes.
Pollution means the presence in waters of the state of any substances, contaminants, or manmade or man induced impairment of waters or alteration of the chemical, physical, biological, or radiological integrity of water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property or which unreasonably interfere with the enjoyment of life or property, including outdoor recreation unless authorized by applicable law.
Premises means any building, lot, parcel of land, or portion of land whether improved or unimproved, and including adjacent sidewalks and parking strips.
Receiving water means any water of the State of Colorado that receives a stormwater discharge from MS4, including all watercourses, even if they are usually dry, and irrigation ditches that receive municipal stormwater. It also includes storm sewer systems owned by other entities.
Spill means any intentional or unintentional release of solid or liquid material which may cause pollution of the MS4 or waters of the state.
Storm drainage system. See definition of municipal separate storm sewer system (MS4) .
Stormwater means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation.
Stormwater management plan (SWMP) means a plan describing the BMP and activities to be implemented to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, MS4, and/or receiving waters to the maximum extent practicable.
Threatened discharge means a condition creating a substantial probability of harm, which make it reasonably necessary to take immediate action to prevent, reduce or mitigate damages to persons, property or natural resources.
Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility.
Watercourse means a channel, natural depression, slough, artificial channel, gulch, arroyo, stream, creek, pond, reservoir or lake, including major drainageways, in which stormwater runoff and floodwater flow, either regularly or infrequently.
Waters of the State of Colorado (waters of the state) means any and all surface and subsurface waters that are contained in or flow in or through the State of Colorado but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed. This definition includes all watercourses, even if they are usually dry.
(Ord. No. 11-04, § 1, 5-3-2011; Ord. No. 12-12, § 2, 11-20-2012; Ord. No. 18-04, § 1, 4-3-2018)