11. Stormwater Quality
8-11-1: PURPOSE AND POLICY
8-11-2: GENERAL REQUIREMENTS
8-11-4: ADOPTION OF STORMWATER QUALITY GUIDELINES
8-11-5: LAND DISTURBANCE PERMIT REQUIREMENTS
8-11-6: STORMWATER MANAGEMENT PLAN
8-11-7: MAINTENANCE REQUIREMENTS
8-11-8: ILLICIT DISCHARGES
8-11-9: LAND DISTURBANCE PERMIT REMEDIATION PROCEDURES
8-11-10: ADMINISTRATIVE ENFORCEMENT REMEDIES
8-11-11: JUDICIAL ENFORCEMENT REMEDIES
8-11-12: SUPPLEMENTAL ENFORCEMENT ACTION
8-11-1: PURPOSE AND POLICY: (2335 3391) The purpose of this Chapter is to establish procedures to protect and enhance the quality of water discharged into the City's storm drainage system by:
(2335 3391) The purpose of this Chapter is to establish procedures to protect and enhance the quality of water discharged into the City's storm drainage system by:
(A) Requiring measures that prevent erosion and the loss of sediment and other pollutants from construction sites.
(B) Requiring protection of soil surfaces before, during and after construction.
(C) Establishing stormwater quality design requirements for the development and redevelopment of property.
(D) Requiring the use of temporary and permanent Best Management Practices (BMP's) to achieve a reduction in the pollutant loading of stormwater runoff.
(E) Establishing maintenance requirements for developers, builders, business owners and landowners.
(F) Prohibition of illicit discharges into the City's storm sewer system.
(G) Establishment of remediation and enforcement procedures.
8-11-2: GENERAL REQUIREMENTS: (3391)
(A) Any person who undertakes or causes to be undertaken any activity, which involves disturbance of the surface of land shall ensure that soil erosion, sedimentation, increased pollutant loads and changed water flow characteristics resulting from the activity are controlled so as to minimize pollution of receiving waters. The requirements of this Chapter are minimum standards and a person's compliance with the same shall not relieve such person from the duty of enacting all measures necessary to minimize pollution of receiving waters.
(B) All temporary erosion control facilities and all permanent facilities intended to control erosion of any earth disturbance operation shall be installed before any earth disturbance operations take place.
(C) Any earth disturbances shall be conducted in such a manner to effectively reduce soil erosion and resulting sedimentation, and should not exceed the erosion expected to occur for the site in its totally undeveloped state.
(D) All persons engaged in earth disturbances shall design, implement, and maintain acceptable soil erosion and sedimentation control measures, in conformance with the erosion control technical standards adopted by the City.
(E) All earth disturbances shall be designed, constructed and completed in such a manner so that the exposed area of any disturbed land shall be limited to the shortest possible period of time.
(F) Sediment caused by accelerated soil erosion shall be removed from runoff water before it leaves the site of the earth disturbance.
(G) Any temporary or permanent facility designed and constructed for the conveyance of water around, through, or from the earth disturbance area shall be designed to limit the water flow to a non-erosive velocity as defined in the City's "Storm Drainage Design and Technical Criteria Manual".
(H) Temporary soil erosion control facilities shall be removed once final stabilization has been achieved.
(I) Permanent soil erosion control measures for all slopes, channels, ditches, or any disturbed land area shall be completed within fourteen (14) calendar days after final grading, the final earth disturbance has been completed or in accordance with a City-approved phasing plan. When it is not possible to permanently stabilize a disturbed area after an earth disturbance has been completed or where significant earth disturbance activity ceases, temporary soil erosion control measures shall be implemented within fourteen (14) calendar days. All temporary soil erosion control measures shall be maintained until final stabilization is achieved.
8-11-3: DEFINITIONS: (3391 3659 3683) The following words, terms and phrases, when used in this Chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Applicant" shall mean a landowner or agent of a landowner who has filed an application for a Land Disturbance permit or a Storm Water Management Plan.
"Best Management Practices (BMPs)" shall mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of the municipal separate storm sewer system (MS4). BMPs also include treatment requirements, operating procedures and practices to control plant site runoff, spillage of leaks, sludge or waste disposal, or drainage from raw material storage.
"Builder" shall mean a person who undertakes construction activities.
"Business Owner" shall mean a person who owns title to a commercial property.
"City Inspector" shall mean the person or person(s) authorized by the City Manager to inspect a site for the purpose of determining compliance with the provisions of this Chapter.
"City Manager" shall mean the City Manager or the City of Westminster or the Manager's designee.
"Compliance Date" shall mean the final deadline by which an owner or applicant is required to correct a violation of a prohibition or limitation or to meet a stormwater quality standard or requirement as specified in a compliance schedule, industrial discharge permit or federal, state or local regulation adopting an applicable stormwater quality standard.
"Compliance Order" shall mean an administrative order that directs a user to comply with the provisions of this Chapter, or of a permit or administrative order issued hereunder, by a specific date. The order may include a compliance schedule involving specific actions to be completed within specific time periods.
"Compliance Schedule or Schedule of Compliance" shall mean an enforceable schedule specifying a date or dates by which an owner or applicant must comply with a stormwater quality standard, a stormwater quality requirement or a prohibition or limitation and which may include increments of progress to achieve such compliance.
"Construction Activities" shall mean clearing, grading, excavation, and other ground disturbance activities. Construction does not include routine maintenance performed by public agencies, or their agents to maintain original line grade, hydraulic capacity, or original purpose of facility.
"Construction Materials" shall mean any material intended for or used in the construction of structures or buildings, including, without limitation, concrete, concrete block, brick, cement, plastic, glass, asphalt, timber, lumber, wood, plywood, fiberboard, shingles, pipe, cable, wire, conduit, duct, insulation, drywall, tile, cabinetry, appliances, fixtures, or like matetials.
"Construction Site Operator" shall mean a person who has been designated by the developer to perform routine inspections of BMPs and who is responsible for ensuring that the structural integrity of the BMPs are maintained and that the BMPs perform as designed.
"Critical BMPs" shall mean those BMPs such as, but not limited to, sediment ponds and dewatering structures, silt fence, wattles, vehicle tracking pads, inlet filters, that are installed to keep sediment and pollutants from leaving a construction site and discharging into receiving waters of the United States.
"Developer" shall mean a person who undertakes land disturbance activities.
"Development" shall mean any activity, excavation or fill, alteration, subdivision, change in land use, or practice, undertaken by private or public entities that affect the discharge of stormwater runoff. The term "development" does not include the maintenance of stormwater runoff facilities.
"Disturbed Area" shall mean that area of the land's surface disturbed by any work activity upon the property by means including but not limited to grading; excavating; stockpiling soil, fill or other materials; clearing; vegetation removal; removal or deposit of any rock, soil, or other materials; or other activities which expose soil. Disturbed area does not include the tillage of land that is zoned agricultural or the tillage of a parcel zoned PUD (planned unit development) within the area identified for agricultural uses.
"Drainageway (Waterway)" shall mean a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
"Final Stabilization" is reached when all ground surface disturbing activities at the site have been completed, and uniform vegetative cover has been established with an individual plant density of at least 70 percent of pre-disturbance levels, or equivalent permanent, physical erosion reduction methods have been employed.
"Homeowners Association (HOA)" shall mean the entity responsible for management and maintenance of those elements of a residential subdivision owned in common by its homeowners.
"Illicit Discharge" shall mean any discharge to a municipal separate storm sewer system (MS4) that is not composed entirely of stormwater runoff, or the exceptions listed in section 8-11-8(A) of this Code.
"Land Disturbance Activity" shall mean any activity, which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse.
"Land Disturbance Permit" shall mean a permit issued by the City allowing an owner or applicant to conduct any significant land disturbance.
"Landowner" shall mean the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding properietary rights in the land. This term includes banks or lending institutions that have obtained control of land as a result of foreclosure, receivership, bankruptcy or like actions.
"Landscape Materials" shall mean any material used in or derived from the landscape or improvements to the landscape of real property, including, without limitation, trees, branches, shrubs, plants, vegetation, brush, yard trimmings, leaves, side, dead plant material, soil, or dirt, sand, gravel, rock, stone, boulders, mulch, fencing, paving materials, or like matrials.
"MS4" shall mean a municipal separate storm sewer system.
"Municipal Separate Storm Sewer System" shall mean a conveyance or system of conveyances (including but not limited to, roads with drainage system, municipal streets, inlets/catch basins, curbs, gutters, ditches, man-made channels, or storm drains):
1. Owned or operated by a state, city, town, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to State waters;
2. Designed or used for collecting or conveying stormwater;
3. Which is not a combined sewer; and
4. Which is not part of a Publicly Owned Treatment Works (POTW).
"Non-critical BMPs" shall mean those BMPs such as, but not limited to, silt fence, wattles, diversions, vehicle tracking pads or inlet filters, that are installed to minimize the impacts of construction by nonstructural and structural devices within the subject construction site.
"Official Development Plan (ODP)" shall mean the planning document, approved by the Westminster City Council, that identifies improvements and other responsibilities associated with the development and/or redevelopment of parcel(s) of land.
"Permanent BMPs" shall mean those BMPs such as, but not limited to, a vegetated swale, wetland, water quality structure, to be installed and regularly maintained in order to ensure long term water quality benefits.
"Post Construction BMP" shall mean any structural or non-structural permanent BMP that maintains or restores hydraulic conditions to minimize the discharge of pollutants.
"Public Property" shall mean any public street, right-of-way, road, highway, place, alley, sidewalk, easement, park, square, median, parkway, boulevard or plaza within the City limits that is dedicated to public use, or owned or maintained by the City.
"Receiving Waters" shall mean a river, lake, stream, drainage ditch or other watercourse.
"Stop Work Order" shall mean an order issued by the City which requires that all construction activity on a site be stopped.
"Stormwater" shall mean precipitation-induced surface runoff.
"Stormwater Construction Permit" shall mean a permit issued by the Colorado Department of Public Health & Environment Water Quality Control Division. This program is referred to as the Colorado Discharge Permit System, or CDPS, and regulates stormwater discharges from construction activities under the CDPS general permit for stormwater discharges associated with construction activities.
"Storm Water Management Plan" shall mean a plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.
"Stormwater Runoff" shall mean that part of snowfall, rainfall or other precipitation that is not absorbed, transpired, evaporated, or left in surface depressions, and which then flows controlled or uncontrolled into a watercourse or body of water.
"Surety" shall mean a Letter of Credit or cash in the amount of 115% of the cost of constructing or installing all items associated with the Land Disturbance Permit. The surety will guarantee the completion of all terms and conditions of the Land Disturbance Permit as well as payment of any fines and interest assessed due to non-compliance with any section of the Land Disturbance Permit or this ordinance.
"Temporary BMPs" shall mean those temporary BMPs such as, but not limited to, silt fence, wattles, vehicle tracking pads, inlet filters, diversions, sediment ponds and dewatering structures, to be installed and regularly maintained until the site is sufficiently stabilized.
"Urban Drainage and Flood Control District" or "UDFCD" shall mean the District created by Section 32-11-101, et seq., C.R.S.
"Vegetative Cover" shall mean grasses, shrubs, bushes, trees, ground cover and other plants.
"Watercourse" shall mean the natural or human-made channel, ditch, conveyance, or the standing body of water into which stormwater is discharged.
8-11-4: ADOPTION OF STORMWATER QUALITY GUIDELINES: (2335 3391 3659) The City hereby requires the implementation of structural or non-structural measures to reduce or maintain the quality of stormwater on a temporary or permanent basis. Such measures will be designed and installed based on guidelines presented in VOLUME 3 - BEST MANAGEMENT PRACTICES, URBAN STORM DRAINAGE CRITERIA manual, published by the Urban Drainage and Flood Control District.
8-11-5: LAND DISTURBANCE PERMIT REQUIREMENTS: (3391 3564 3659 3683)
(A) An owner or applicant shall be required to obtain a Land Disturbance Permit prior to conducting any land disturbance activity that:
(1) Covers an area equal to or greater than one (1) acre, or
(2) Covers an area less than an acre if the site is part of a larger common plan of development, or
(3) Involves earthwork affecting more than two hundred (200) cubic yards of material, or
(4) Involves environmentally sensitive areas, as determined by the City Manager, or
(5) Involves grading on any property that possesses physical characteristics or features that increase the potential for erosion, such as highly erodible soils, natural drainage channels or swales, or slopes in excess of eight percent (8%).
(B) The Land Disturbance Permit application and the specific criteria therefor are available from the Engineering Division in the Department of Community Development. Applicants shall file a complete application and pay the application fee specified in Section 11-1-6, W.M.C., which fee is non-refundable.
(C) Prior to the issuance of a Land Disturbance Permit, unless a landowner has entered into a Public or Private Improvement Agreement addressing the same, the landowner shall enter into a land disturbance agreement with the City and provide a financial guarantee for completion of the land disturbance activities, unless either or both of these requirements is waived by the City Engineer for good cause.
8-11-6: STORMWATER MANAGEMENT PLAN: (2335 3391 3659)
(A) Every development, redevelopment or construction project that receives a land disturbance permit requires the preparation of a stormwater management plan (SWMP) to include temporary and permanent Best Management Practices (BMPs) designed to reduce the pollutant loading on the stormwater system. Any stormwater management plan prepared for a property in the City pursuant to the laws and regulations of the State of Colorado shall be prepared in accordance with the standards and specifications contained in the City of Westminster Storm Drainage Design and Technical Criteria Manual and submitted to the City for its review and approval.
(B) Upon approval of a SWMP, the landowner, or its agent designated in writing, is responsible for performing all inspections in compliance with the regulations of the State of Colorado Water Quality Control Division.
(C) Both during and after completion of every development, redevelopment or construction project that has received approval of a SWMP, the landowner, its successors, heirs or assigns shall be responsible for maintaining and repairing any and all temporary and permanent drainage improvements provided for in the approved SWMP and as provided below in Section 8-11-7, W.M.C.
8-11-7: MAINTENANCE REQUIREMENTS: (3391 3564 3659) Developers, builders, business owners, homeowners’ associations and landowners, respectively, shall be responsible for ensuring that all Best Management Practices (BMP) identified on a project’s approved construction drawings, its Official Development Plan, its Land Disturbance Permit and its Stormwater Management Plan (SWMP) are properly installed, repaired, perpetually maintained and are in good working order as hereafter provided.
A) Landowners and/or their developers shall be responsible for ensuring that:
(1) Any temporary and/or permanent post-construction BMPs that were installed are being properly maintained and are in good working order;
(2) The site is fully developed and final stabilization has been reached;
(3) Any deficiencies noted by the City prior to the expiration of the warranty period for public improvements have been corrected; and
(4) When individual lots have been sold to a builder, the landowner and/or developer shall disclose and explain, if necessary, the stormwater runoff quality requirements of the SWMP with the builder prior to or at time of closing.
(B) Builders shall be responsible for ensuring that:
(1) Any temporary and/or permanent post-construction BMPs that were installed prior to lot purchase from developer and/or landowner are being properly maintained and are in good working order;
(2) Final stabilization as completed by the developer is maintained or repaired, if damaged by the builder;
(3) Any temporary and/or permanent post-construction BMPs necessary for the building site(s) have been properly installed, maintained and remain in good working order up to and until the property has been sold, unless builder has a signed agreement with the landowner wherein the landowner accepts the complete maintenance responsibility until the land is sold; and
(4) Stormwater runoff quality requirements of the SWMP for individual site(s) are disclosed and explained to the purchaser at time of closing, unless builder has a signed agreement with the landowner wherein the landowner accepts this disclosure responsibility.
(C) Business owners, homeowners’ associations and landowners shall be responsible for ensuring that:
(1) Any temporary BMPs installed prior to lot purchase from developer, owner, and/or builder are properly maintained and remain in good working order until the lot is stabilized;
(2) Final stabilization has been achieved and maintained;
(3) If not installed prior to individual lot purchase, temporary and/or permanent BMPs will be installed within ten (10) days from date of purchase at the base of all gutter downspouts and around the perimeter of the site where needed to prevent sediment from moving off-site and maintained until final stabilization has been achieved on the property; and
(4) Permanent post-construction stormwater runoff quality measures constructed or installed on their property as shown on the approved SWMP, the Official Development Plan and/or construction plans are properly maintained in perpetuity.
(D) All temporary stormwater runoff quality control measures shall be removed within fourteen (14) calendar days after final stabilization has been achieved and the temporary measures are no longer needed.
(E) Should any developer, builder, business owner, homeowners’ association or landowner fail to adequately maintain the permanent post-construction stormwater runoff quality control measures or fail to remove the temporary measures, the City Manager or his representative may summarily cause the necessary work to be performed at the expense of such responsible party, and the cost of such abatement shall be a first and prior lien on the property as provided by Title I, Chapter 31 of this Code, and may be assessed and collected pursuant to Section 8-4-5, W.M.C.
(F) Every person owning property through which a watercourse passes, and such person's lessee, 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 or lessee 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.
8-11-8: ILLICIT DISCHARGES: (3391 3564 3659)
(A) PROHIBITION OF ILLEGAL DISCHARGES: It is unlawful and constitutes a public nuisance for any person to discharge or cause to be discharged or spilled any substance other than naturally occurring stormwater runoff into the City's stormwater drainage system.
(1) Discharges from the following activities will not be considered a source of pollutants to the stormwater system and to waters of the United States 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 Clean Water Act or this Chapter:
(a) Potable water line flushing;
(b) Uncontaminated pumped groundwater and other discharges from potable water sources;
(c) Landscape irrigation and lawn watering;
(d) Diverted stream flows;
(e) Rising groundwater;
(f) Groundwater infiltration to the stormwater drain system;
(g) Uncontaminated foundation and footing drains;
(h) Uncontaminated water from crawlspace pumps;
(i) Air conditioning condensation;
(j) Natural springs;
(k) Individual residential car washing;
(l) Flows from naturally existing riparian habitats and wetlands;
(m) Dechlorinated swimming pool discharges;
(n) Water incidental to street sweeping (including associated sidewalks and medians) not associated with construction; and
(o) Discharges necessary to protect public health and safety, such as flows from emergency firefighting activities.
(2) Waiver: The City Manager may exempt occasional, incidental non-stormwater discharges that the Manager determines to be uncontaminated and acceptable for return to the stormwater drain system and the receiving waters.
(3) This prohibition shall not apply to any non-stormwater discharge permitted under an NPDES or CDPS permit or under a CDPHE-issued low risk discharge policy or guidance letter, provided that the discharge is in full compliance with all requirements of the permit, waiver, order and/or other applicable laws and regulations.
(B) Nothing contained herein shall be construed to relieve any person discharging or causing to be discharged or allowing to be discharged water into the storm drainage system from any liability for damage caused by the volume or quality of water thus discharged.
(C) PROHIBITION OF ILLICIT CONNECTIONS:
(1) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited.
(2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection.
(3) A person is considered to be in violation of this Chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue.
(D) It shall be unlawful for any person to place, store, maintain, allow to accumulate, or permit any other person to place, store, maintain, or allow to accumulate on any public property or right-of-way any stockpile, pile, storage, accumulation of construction materials and/or landscape materials, or any roll-off dumpster, unless such person is an employee, official, or contractor of the City acting within the scope of his or her municipal functions.
(E) ENFORCEMENT: In addition to any other remedies provided in this Chapter, should any person discharge or cause to be discharged or spilled or maintain a condition upon any property that may result in the discharge of any substance other than naturally occurring stormwater runoff into the City’s stormwater drainage system, except for the exceptions listed in Section 8-11-8(A), W.M.C., above, the City Manager may enjoin the illicit discharge immediately and summarily cause all necessary cleanup work to be performed at the expense of such responsible party, and the cost of such abatement shall be a first and prior lien on the property as provided by Title I, Chapter 31 of this Code, and may be assessed and collected pursuant to Section 8-4-5, W.M.C. Alternatively, the City may make a demand on the surety to pay for these expenses.
8-11-9: Land Disturbance Permit remediation procedures: (3391 3564 3683)
(A) City Inspector: If a City inspector, or any other authorized City representative determines that eroded soils are leaving a disturbed area, the City inspector or authorized representative may, in writing, direct the business owner, landowner or such owner's agents or representatives on the site to repair, replace and/or install any sediment and/or erosion controls that were proposed for the site, or require additional sediment and/or erosion controls be installed if deemed necessary by the City inspector or authorized representative to minimize said sediment from migrating off-site, including the issuance of stop work orders and/or suspension or revocation of any permit. It shall be unlawful for any business or landowner or such owner's agents or representatives to fail to take all necessary measures to comply with such written directive and take all measures necessary to prevent soil erosion from migrating off site.
(B) Right of Entry:
(1) The City inspector, or any other authorized City representative shall have the right to enter the premises of any owner or applicant to determine whether the owner or applicant is complying with all requirements of this ordinance and any land disturbance permit or order issued hereunder. Owner or applicant shall allow the City inspector or authorized representative ready access to all parts of the premises for the purposes of inspection, whether announced or unannounced, sampling, records examination and copying, and the performance of any additional duties.
(2) If the City inspector or authorized representative has been refused access to the property and is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with this ordinance or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City inspector or authorized representative may seek issuance of a search warrant from the Municipal Court.
(C) Compliance Orders. Whenever the City determines that any activity is occurring that is not in compliance with a Land Disturbance Permit and/or the requirements of this Chapter, the City may issue a written compliance order to the construction site operator. The schedule shall contain specific actions the construction site operator must complete, including dates for the completion of the actions. It shall be unlawful for any construction site operator to fail to comply with any compliance order requirement.
(D) Suspension and Revocation of Permit. The City may suspend or revoke a construction site Land Disturbance Permit for violation of any provision of this Chapter, violation of the permit, and/or misrepresentations by the permittee or the permittee's agents, employees, or independent contractors.
(E) Stop Work Orders. Whenever the City determines that any activity is occurring which is not in compliance with an approved permit and/or the requirements of this ordinance, the City can order such activity stopped upon service of written notice upon the person responsible for or conducting such activity. Such person shall immediately stop all activity until authorized in writing by the City to proceed. If the appropriate person cannot be located, the notice to stop work shall be posted in a conspicuous place upon the area where the activity is occurring. The notice shall state the nature of the violation. The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the City. It shall be unlawful for any person to fail to comply with a stop work order.
(F) Remedies Not Exclusive. The remedies provided by this Section are in addition to any other remedies set out in this Chapter. Exercise of any such remedy shall not be a bar against, nor a prerequisite for, taking any other action against a violator.
8-11-10: ADMINISTRATIVE ENFORCEMENT REMEDIES: (3391 3659 3683)
(A) NOTIFICATION OF VIOLATION: When the City Manager finds that an owner or applicant has violated, or continues to violate, any provision of this Chapter, a land disturbance permit or order issued hereunder, or any other stormwater quality standard or requirement, the City Manager may serve upon that a written or electronic Notice of Violation. The Notice of Violation may include specific required actions and may require the user to submit an explanation of the violation and a plan for the satisfactory correction and prevention thereof. Submission of this plan in no way relieves the user of liability for any violations occurring before or after receipt of the Notice of Violation. Where the violation is an illicit discharge, the discharge must be immediately corrected. Nothing in this Section shall limit the authority of the City Manager to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(B) CONSENT ORDERS: The City Manager may enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with an owner or applicant responsible for noncompliance. Such documents will include specific action to be taken by the owner or applicant to correct the noncompliance within a time period specified by the document. Such documents shall have the same force and effect as the administrative orders issued pursuant to Sections 8-11-10(D) and 8-11-10(E) of this ordinance and shall be judicially enforceable.
(C) SHOW CAUSE HEARING: The City Manager may order an owner or applicant who has violated, or continues to violate, any provision of this Chapter, a land disturbance permit or order issued hereunder, or any other stormwater quality standard or requirement, to appear before the City Manager or designated representative and show cause why the proposed enforcement action should not be taken. Notice shall be served on the owner or applicant specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the owner or applicant show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least fourteen (14) days prior to the hearing. A show cause hearing shall not be a bar against, or prerequisite for, taking any other action against the owner or applicant.
(D) COMPLIANCE ORDERS: When The City Manager finds that an owner or applicant has violated, or continues to violate, any provision of this Chapter, a land disturbance permit or order issued hereunder, or any other stormwater quality standard or requirement, the City Manager may issue an order to the owner or applicant responsible for the discharge, directing that the owner or applicant come into compliance within a specified time. If the owner or applicant does not come into compliance within the time provided, storm sewer service may be discontinued unless adequate Best Management Practices are installed and properly maintained. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and best management practices designed to minimize the amount of pollutants discharged to the storm sewer. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the owner or applicant.
(E) CEASE AND DESIST ORDERS: When the City Manager finds that an owner or applicant has violated, or continues to violate, any provision of this Chapter, a land disturbance permit or order issued hereunder, or any other stormwater quality standard or requirement, or that the owner or applicant's past violations are likely to recur, the City Manager may issue an order, including a stop work order, to the owner or applicant directing it to cease and desist all such violations and directing the owner or applicant to:
(1) Immediately comply with all requirements; and
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge. Issuance of a cease and desist order shall not be a bar against, or a prerequisite for, taking any other action against the owner or applicant.
(F) ADMINISTRATIVE FINES:
(1) When the City Manager finds that an owner or applicant has violated, or continues to violate, any provision of this ordinance, a land disturbance permit, a storm water management plan, or an order issued pursuant to this Chapter, or any other applicable stormwater quality standard or requirement, the City Manager may fine such owner or applicant in an amount not to exceed $1000.00 per violation per day.
(2) Unpaid charges, fines, and penalties shall be assessed and accrue interest in accordance with the provisions of Chapter 8 of Title I, Westminster Municipal Code, entitled "Penalties and Interest," as it may be amended from time to time. The City may also collect unpaid fines and interest by placing a demand on the surety provided with the Land Disturbance Permit.
(3) Owners or applicants desiring to dispute such fines must file a written request for the City Manager to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City Manager may convene a hearing on the matter. In the event the owner's or applicant's appeal is successful, the payment, together with any interest accruing thereto, shall be returned to the owner or applicant. The City Manager may add the costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(4) Issuance of an administrative fine shall not be a bar against, or a prerequisite for, taking any other action against the owner or applicant.
(G) EMERGENCY SUSPENSIONS: The City Manager may immediately suspend an owner's or applicant's discharge, after informal notice to the owner or applicant, whenever such suspension is necessary to stop an actual or threatened discharge, which reasonably appears to present, or cause an imminent or substantial endangerment to the health or welfare of persons, or which presents, or may present, an endangerment to the environment.
(1) Any owner or applicant notified of a suspension of its discharge shall immediately stop or eliminate its contribution. In the event of an owner's or applicant's failure to immediately comply voluntarily with the suspension order, the City Manager may take such steps as deemed necessary, including immediate severance of the storm sewer connection, to prevent or minimize damage to the receiving waters, or endangerment to any individuals. The City Manager may allow the owner or applicant to recommence its discharge when the owner or applicant has demonstrated to the satisfaction of the City Manager that the period of endangerment has passed.
(2) An owner or applicant that is responsible, in whole or in part, for any discharge presenting imminent endangerment shall submit a detailed written statement, describing the causes of the harmful contribution and the measures taken to prevent any future occurrence, to the City Manager prior to the date of any show cause or termination hearing under Sections 8-11-10(C) of this Chapter.
(H) Nothing in this Section shall be interpreted as requiring a hearing prior to any Emergency Suspension under this Section.
8-11-11: JUDICIAL ENFORCEMENT REMEDIES: (3391 3564 3659 3683)
(A) INJUNCTIVE RELIEF: When the City Manager finds that an owner or applicant has violated, or continues to violate, any provision of this Chapter, a land disturbance permit, a storm water management plan, an order issued pursuant to this Chapter, or any other stormwater quality standard or requirement, the City Manager may petition the District Court through the City's Attorney for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the land disturbance permit, order, or other requirement imposed by this ordinance on activities of the user. The City Manager may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the owner or applicant to conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an owner or applicant.
(B) Civil Penalties:
(1) An owner or applicant who has violated, or continues to violate, any provision of this ordinance, a land disturbance permit, a storm water management plan, an order issued pursuant to this Chapter, or any other stormwater quality standard or requirement shall be liable to the City for a maximum civil penalty of $1000 per violation, per day. In the case of an illicit discharge or a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.
(2) The City may recover reasonable attorneys' fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(3) In determining the amount of civil liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the owner's or applicant's violation, corrective actions by the owner or applicant, the compliance history of the owner or applicant, and any other factor as justice requires.
(4) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an owner or applicant.
(C) Criminal Prosecution:
(1) It shall be unlawful for any person to violate any provision of this Chapter, a Land Disturbance Permit, or order issued hereunder.
(2) It shall be unlawful for any person to introduce any substance into the MSA that causes personal injury or damage.
(3) It shall be unlawful to make any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this Chapter, Land Disturbance Permit, or order issued hereunder.
(4) Any violation of any provision of this Chapter is hereby declared to be a criminal violation which shall be punishable by fine, imprisonment, or both, pursuant to the provisions of W.M.C. Section 1-8-1, as the same may from time to time be amended.
(D) Remedies Nonexclusive: The remedies provided for in this Chapter are not exclusive. The City Manager may take any, all, or any combination of these actions against a noncompliant owner or applicant. Enforcement of stormwater quality violations will generally be in accordance with the City's enforcement response plan. However, the City Manager may take other action against any owner or applicant when the circumstances warrant. Further, the City Manager is empowered to take more than one enforcement action against any noncompliant owner or applicant.
8-11-12: SUPPLEMENTAL ENFORCEMENT ACTION: (3391 3683)
(A) Liability Insurance: The City Manager may decline to issue a certificate of occupancy or reissue a revoked land disturbance permit to any owner or applicant who has failed to comply with any provision of this ordinance, a previous land disturbance permit, a stormwater management plan, or an order issued pursuant to this Chapter, or any other stormwater quality standard or requirement, unless the owner or applicant first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the MS4 caused by their illicit discharge.
(B) Payment of Outstanding Fees and Penalties: The City Manager may decline to issue a certificate of occupancy or reissue a revoked land disturbance permit to any owner or applicant who has failed to pay any outstanding fees, fines or penalties incurred as a result of any provision of this ordinance, a previous land disturbance permit, or order issued hereunder.
(C) Water Supply Severance: Whenever an owner or applicant has violated or continues to violate any provision of this ordinance, a land disturbance permit, or order issued hereunder, or any other stormwater quality standard or requirement, water service to the owner or applicant may be severed. Service will only recommence, at the owner's or applicant's expense, after it has satisfactorily demonstrated its ability to comply.
(D) Public Nuisances: A violation of any provision of this ordinance, a land disturbance permit, or order issued hereunder, or any other stormwater quality standard or requirement is hereby declared a public nuisance and shall be corrected or abated as directed by the City Manager. Any person(s) creating a public nuisance shall be subject to the provisions of the Westminster Municipal Code governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.